Civil Monetary Penalty Adjustments for Inflation, 36454-36458 [2016-13231]
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36454
Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations
Adoption of the Amendment
(h) Alternative Methods of Compliance
(AMOCs)
Accordingly, under the authority
delegated to me by the Administrator,
the FAA amends 14 CFR part 39 as
follows:
(1) The Manager, Seattle Aircraft
Certification Office (ACO), FAA, has the
authority to approve AMOCs for this AD, if
requested using the procedures found in 14
CFR 39.19. In accordance with 14 CFR 39.19,
send your request to your principal inspector
or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the
attention of the person identified in
paragraph (i) of this AD. Information may be
emailed to: 9-ANM-Seattle-ACO-AMOCRequests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the local flight standards district office/
certificate holding district office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair
required by this AD if it is approved by the
Boeing Commercial Airplanes Organization
Designation Authorization (ODA) that has
been authorized by the Manager, Seattle
ACO, to make those findings. For a repair
method to be approved, the repair must meet
the certification basis of the airplane, and the
approval must specifically refer to this AD.
PART 39—AIRWORTHINESS
DIRECTIVES
1. The authority citation for part 39
continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40113, 44701.
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive (AD):
■
2016–11–17 The Boeing Company:
Amendment 39–18544 ; Docket No.
FAA–2015–3987; Directorate Identifier
2015–NM–066–AD.
(a) Effective Date
This AD is effective July 12, 2016.
(b) Affected ADs
None.
(c) Applicability
(i) Related Information
This AD applies to certain The Boeing
Company Model 787–8 airplanes, certificated
in any category, as identified in Boeing Alert
Service Bulletin B787–81205–SB270024–00,
Issue 001, dated September 24, 2014.
For more information about this AD,
contact Sean J. Schauer, Aerospace Engineer,
Systems and Equipment Branch, ANM–130S,
FAA, Seattle ACO, 1601 Lind Avenue SW.,
Renton, WA 98057–3356; phone: 425–917–
6479; fax: 425–917–6590; email:
sean.schauer@faa.gov.
(d) Subject
Air Transport Association (ATA) of
America Code 24, Electrical power.
(j) Material Incorporated by Reference
(e) Unsafe Condition
This AD was prompted by a report of wire
chafing caused by a left wing spoiler actuator
wire not having enough separation from a
certain bracket when the spoiler is in the
deployed position. We are issuing this AD to
detect and correct wire chafing; such chafing
could result in an electrical short and
potential fire in a flammable fluid leakage
zone and possible loss of several functions
essential for safe flight.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
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(g) Wire Separation Measurement, Related
Investigative Actions, and Corrective
Actions
Within 24 months after the effective date
of this AD: Measure the separation between
the electro-mechanical actuator wire
W801182 of the left wing, spoiler 4, and the
support bracket of the flap variable camber
trim unit, and do all applicable related
investigative and corrective actions, in
accordance with the Accomplishment
Instructions of Boeing Alert Service Bulletin
B787–81205–SB270024–00, Issue 001, dated
September 24, 2014. Do all applicable related
investigative and corrective actions before
further flight.
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(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless the AD specifies otherwise.
(i) Boeing Alert Service Bulletin B787–
81205–SB270024–00, Issue 001, dated
September 24, 2014.
(ii) Reserved.
(3) For Boeing service information
identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data &
Services Management, P.O. Box 3707, MC
2H–65, Seattle, WA 98124–2207; telephone
206–544–5000, extension 1; fax 206–766–
5680; Internet https://
www.myboeingfleet.com.
(4) You may view this service information
at the FAA, Transport Airplane Directorate,
1601 Lind Avenue SW., Renton, WA. For
information on the availability of this
material at the FAA, call 425–227–1221.
(5) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
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Issued in Renton, Washington, on May 20,
2016.
Victor Wicklund,
Acting Manager, Transport Airplane
Directorate, Aircraft Certification Service.
[FR Doc. 2016–12842 Filed 6–6–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 6
[Docket No. 160523449–6449–01]
RIN 0605–AA44
Civil Monetary Penalty Adjustments for
Inflation
Office of the Chief Financial
Officer and Assistant Secretary for
Administration, Department of
Commerce.
ACTION: Interim final rule with request
for comments.
AGENCY:
This interim final rule is
being issued to adjust for inflation each
civil monetary penalty (CMP) provided
by law within the jurisdiction of the
Department of Commerce (Commerce
Department). The Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended by the Debt
Collection Improvement Act of 1996
and the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, requires the head of each agency
to adjust for inflation its CMP levels in
effect as of November 2, 2015, under a
revised methodology effective for 2016
which provides for initial catch up
adjustments for inflation in 2016, and
under a revised methodology for each
year thereafter. The revised
methodologies provide for the
improvement of the effectiveness of
CMPs and to maintain their deterrent
effect. The initial catch up adjustment
for inflation of a CMP in 2016 shall not
exceed 150 percent of the amount of the
CMP on the date of enactment of the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (November 2, 2015). The initial
catch up adjustments for inflation to
CMPs are required to be published
through an interim final rule not later
than July 1, 2016, and the adjustments
for inflation shall take effect not later
than August 1, 2016. For each year
thereafter, the adjustments for inflation
to CMPs shall take effect not later than
January 15. These adjustments for
inflation apply only to CMPs with a
dollar amount, and will not apply to
CMPs written as functions of violations.
SUMMARY:
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Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations
These adjustments for inflation apply
only to those CMPs, including those
whose associated violation predated
such adjustment, which are assessed by
Commerce Department after the
effective date of the new CMP level.
DATES: This rule is effective July 7,
2016; comments must be received on or
before July 7, 2016.
ADDRESSES: You may submit comments,
identified by the regulations.gov docket
number DOC–2016–0004, by any of the
following methods:
• Electronic Submissions: Submit all
electronic public comments via the
Federal eRulemaking Portal. Go to
www.regulations.gov/
#!docketDetail;D=DOC-2016-0004 click
the ‘‘Comment Now’’ icon, complete the
required fields, and enter or attach your
comments.
• Mail: Acting Deputy Chief Financial
Officer, Office of Financial
Management, Department of Commerce,
1401 Constitution Ave NW., Room
D200, Washington, DC 20230.
Instructions: You must submit
comments by one of the above methods
to ensure that Commerce Department
receives the comments and considers
them. Comments sent by any other
method, to any other address or
individual, or received after the end of
the comment period, may not be
considered. All comments received are
a part of the public record and will
generally be posted to https://
www.regulations.gov without change.
All Personal Identifying Information (for
example, name, address, etc.)
voluntarily submitted by the commenter
may be publicly accessible. Do not
submit Confidential Business
Information or otherwise sensitive or
protected information.
Commerce Department will accept
anonymous comments (enter ‘‘N/A’’ in
the required fields if you wish to remain
anonymous). Attachments to electronic
comments will be accepted in Microsoft
Word, Excel, WordPerfect, or Adobe
PDF file formats only.
FOR FURTHER INFORMATION CONTACT:
Jennifer Ayers, Acting Deputy Chief
Financial Officer and Director for
Financial Management, Office of
Financial Management, at (202) 482–
1207, Department of Commerce, 1401
Constitution Avenue NW., Room D200,
Washington, DC 20230. The Commerce
Department Civil Monetary Penalties;
Adjustment for Inflation are available
for downloading from Commerce
Department, Office of Financial
Management’s Web site at the following
address: https://www.osec.doc.gov/ofm/
OFM_Publications.html.
SUPPLEMENTARY INFORMATION:
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Background
The Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410; 28 U.S.C. 2461), as amended by the
Debt Collection Improvement Act of
1996 (Pub. L. 104–134), provided for
adjustments for inflation to CMPs to
ensure that CMPs continue to maintain
their deterrent value and that CMPs due
to the Federal Government were
properly accounted for and collected.
On October 24, 1996, November 1, 2000,
December 14, 2004, December 11, 2008,
and December 7, 2012, Commerce
Department published in the Federal
Register a schedule of CMPs adjusted
for inflation as required by law.
A CMP is defined as any penalty, fine,
or other sanction that:
1. Is for a specific monetary amount
as provided by Federal law, or has a
maximum amount provided for by
Federal law; and,
2. Is assessed or enforced by an
agency pursuant to Federal law; and,
3. Is assessed or enforced pursuant to
an administrative proceeding or a civil
action in the Federal courts.
On November 2, 2015, the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Section 701
of Pub. L. 114–74) further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 to improve the
effectiveness of CMPs and to maintain
their deterrent effect. This amendment
requires agencies to: (1) Adjust the CMP
levels in effect as of November 2, 2015,
with initial catch up adjustments for
inflation through an interim final
rulemaking; and (2) make subsequent
annual adjustments for inflation to
CMPs.
Agencies are required to publish
interim final rules with initial catch up
adjustments for inflation by July 1,
2016, and the adjustments for inflation
shall take effect no later than August 1,
2016. For each year thereafter, the
adjustments for inflation to CMPs shall
take effect not later than January 15.
The maximum amount for an initial
catch up adjustment for inflation shall
not exceed 150 percent of the amount of
that CMP on the date of enactment of
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (November 2, 2015).
These adjustments for inflation apply
only to CMPs with a dollar amount, and
will not apply to CMPs written as
functions of violations. These
adjustments for inflation apply only to
those CMPs, including those whose
associated violation predated such
adjustment, which are assessed by
Commerce Department after the
effective date of the new CMP level.
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For an initial catch up adjustment for
inflation to a CMP, agencies may adjust
for inflation the amount of a CMP by
less than the otherwise required amount
if after publishing a notice of proposed
rulemaking and providing an
opportunity for comment, the agency
determines in a final rule that increasing
that CMP by the otherwise required
amount will have a negative economic
impact; or the social costs of increasing
that CMP by the otherwise required
amount outweigh the benefits. The
concurrence of the Director of the Office
of Management and Budget will be
required if the adjustment for inflation
is less than the otherwise required
amount.
This regulation adjusts for inflation
CMPs that are provided by law within
the jurisdiction of Commerce
Department. The actual CMP assessed
for a particular violation is dependent
upon a variety of factors. For example,
the National Oceanic and Atmospheric
Administration’s (NOAA) Policy for the
Assessment of Civil Administrative
Penalties and Permit Sanctions (Penalty
Policy), a compilation of NOAA internal
guidelines that are used when assessing
CMPs for violations for most of the
statutes NOAA enforces, will be
interpreted in a manner consistent with
this regulation to maintain the deterrent
effect of the CMPs. The CMP ranges in
the Penalty Policy are intended to aid
enforcement attorneys in determining
the appropriate CMP to assess for a
particular violation. The Penalty Policy
is maintained and made available to the
public on the NOAA Office of the
General Counsel, Enforcement Section,
Web site at: https://www.gc.noaa.gov/
enforce-office3.html.
The initial catch up adjustments for
inflation to CMPs set forth in this
regulation were determined pursuant to
the revised methodology prescribed by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, which requires the maximum
CMP, or the minimum and maximum
CMP, as applicable, to be increased by
the cost-of-living adjustment. The term
‘‘cost -of-living adjustment’’ is defined
by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015. For the initial catch up
adjustments for inflation to CMPs, the
cost-of-living adjustment is the
percentage (if any) for each CMP by
which the Consumer Price Index for the
month of October 2015 exceeds the
Consumer Price Index of October of the
calendar year during which the amount
of such CMP was established or
adjusted under a provision of law other
than the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
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2015. For subsequent adjustments for
inflation to CMPs, the cost-of-living
adjustment is the percentage (if any) for
each CMP by which the Consumer Price
Index for the month of October
preceding the date of the adjustment
exceeds the Consumer Price Index for
the previous month of October.
Classification
Pursuant to 5 U.S.C. 553(b)B, there is
good cause to issue this rule without
prior public notice or opportunity for
public comment because it would be
impracticable and unnecessary. The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Section 701(b)(1)) requires initial
catch up adjustments for inflation to
CMPs and to provide the new CMP
levels through an interim final
rulemaking, to be published by July 1,
2016. This law also requires agencies to
make subsequent annual adjustments
for inflation to CMPs notwithstanding
section 553 of title 5, United States
Code. Additionally, the methodologies
used for adjusting CMPs for inflation is
given by statute, with no discretion
provided to agencies regarding the
substance of the adjustments for
inflation to CMPs. Commerce
Department is charged only with
performing ministerial computations to
determine the dollar amount of
adjustments for inflation to CMPs.
Accordingly, prior public notice and
comment are not required for this rule.
Paperwork Reduction Act
The provisions of the Paperwork
Reduction Act of 1995, Public Law 104–
13, 44 U.S.C. Chapter 35, and its
implementing regulations, 5 CFR part
1320, do not apply to this rule because
there are no new or revised
recordkeeping or reporting
requirements.
Regulatory Analysis
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E.O. 12866, Regulatory Review
This rule is not a significant
regulatory action as the term is defined
in Executive Order 12866.
Regulatory Flexibility Act
Because notice of proposed
rulemaking and opportunity for
comment are not required pursuant to 5
U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility act (5 U.S.C. 601,
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
List of Subjects in 15 CFR Part 6
Law enforcement, Civil monetary
penalties.
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Dated: May 31, 2016.
Jennifer Ayers,
Acting Deputy Chief Financial Officer and
Director for Financial Management,
Department of Commerce.
Authority and Issuance
For the reasons stated in the preamble,
Commerce Department revises 15 CFR
part 6 to read as follows:
■
PART 6—CIVIL MONETARY PENALTY
ADJUSTMENTS FOR INFLATION
Sec.
§ 6.1 Definitions.
§ 6.2 Purpose and scope.
§ 6.3 Limitation on initial catch up
adjustments for inflation.
§ 6.4 Adjustments for inflation.
§ 6.5 Effective date of adjustments for
inflation.
§ 6.6 Subsequent adjustments for inflation.
Authority: Pub. L. 101–410, 104 Stat. 890
(28 U.S.C. 2461 note); Pub. L. 104–134, 110
Stat. 1321 (31 U.S.C. 3701 note); Sec. 701 of
Pub. L. 114–74, 129 Stat. 599 (28 U.S.C. 1
note; 28 U.S.C. 2461 note).
§ 6.1
Definitions.
(a) Commerce Department means the
United States Department of Commerce.
(b) Civil Monetary Penalty means any
penalty, fine, or other sanction that:
(1) Is for a specific monetary amount
as provided by Federal law, or has a
maximum amount provided for by
Federal law; and
(2) Is assessed or enforced by an
agency pursuant to Federal law; and
(3) Is assessed or enforced pursuant to
an administrative proceeding or a civil
action in the Federal courts.
§ 6.2
Purpose and scope.
The purpose of this part is to make
adjustments for inflation to civil
monetary penalties, as required by the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410; 28 U.S.C. 2461), as amended by the
Debt Collection Improvement Act of
1996 (Pub. L. 104–134) and the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Section 701
of Pub. L. 114–74), of each civil
monetary penalty provided by law
within the jurisdiction of the United
States Department of Commerce
(Commerce Department).
§ 6.3 Limitation on initial catch up
adjustments for inflation.
The initial catch up adjustment for
inflation to a civil monetary penalty
shall not exceed 150 percent of the
amount of that civil monetary penalty
that was in effect as of November 2,
2015.
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§ 6.4
Adjustments for inflation.
The civil monetary penalties provided
by law within the jurisdiction of
Commerce Department, as set forth in
paragraphs (a) through (f) of this section,
are hereby adjusted for inflation in
accordance with the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended, from the amount of
such civil monetary penalties that was
in effect as of November 2, 2015, to the
amounts of such civil monetary
penalties, as thus adjusted. The year
stated in parenthesis represents the year
that the civil monetary penalty was last
set by law or adjusted by law (excluding
adjustments for inflation).
(a) United States Department of
Commerce. (1) 31 U.S.C. 3802(a)(1),
Program Fraud Civil Remedies Act of
1986 (1986), violation, maximum from
$5,500 to $10,781.
(2) 31 U.S.C. 3802(a)(2), Program
Fraud Civil Remedies Act of 1986 (1986;
newly reported penalty), violation,
maximum $10,781.
(3) 31 U.S.C. 3729(a)(1)(G), False
Claims Act (1986); violation, minimum
from $5,500 to $10,781; maximum from
$11,000 to $21,563.
(b) Bureau of Industry and Security.
(1) 15 U.S.C. 5408(b)(1), Fastener
Quality Act (1990), violation, maximum
from $32,500 to $44,539.
(2) 22 U.S.C. 6761(a)(1)(A), Chemical
Weapons Convention Implementation
Act (1998), violation, maximum from
$25,000 to $36,256.
(3) 22 U.S.C. 6761(a)(l)(B), Chemical
Weapons Convention Implementation
Act (1998), violation, maximum from
$5,000 to $7,251.
(4) 50 U.S.C. 1705(b), International
Emergency Economic Powers Act
(2007), violation, maximum $284,582.
(5) 22 U.S.C. 8142(a), United States
Additional Protocol Implementation Act
(2006), violation, maximum from
$27,500 to $29,464.
(c) Census Bureau. (1) 13 U.S.C. 304,
Collection of Foreign Trade Statistics
(2002), each day’s delinquency of a
violation; total of not to exceed
maximum violation, from $1,000 to
$1,312; maximum per violation, from
$10,000 to $13,118.
(2) 13 U.S.C. 305(b), Collection of
Foreign Trade Statistics (2002),
violation, maximum from $10,000 to
$13,118.
(d) Economics and Statistics
Administration. (1) 22 U.S.C. 3105(a),
International Investment and Trade in
Services Act (1990); failure to furnish
information, minimum from $2,500 to
$4,454; maximum from $32,500 to
$44,539.
(e) International Trade
Administration. (1) 19 U.S.C. 81s,
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Foreign Trade Zone (1934), violation,
maximum from $1,100 to $2,750.
(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada
FTA Protective Order (1988), violation,
maximum from $130,000 to $197,869.
(f) National Oceanic and Atmospheric
Administration. (1) 51 U.S.C. 60123(a),
Land Remote Sensing Policy Act of 2010
(2010), violation, maximum from
$10,000 to $10,874.
(2) 51 U.S.C. 60148(c), Land Remote
Sensing Policy Act of 2010 (2010),
violation, maximum from $10,000 to
$10,874.
(3) 16 U.S.C. 773f(a), Northern Pacific
Halibut Act of 1982 (2007), violation,
maximum from $200,000 to $227,666.
(4) 16 U.S.C. 783, Sponge Act (1914),
violation, maximum from $650 to
$1,625.
(5) 16 U.S.C. 957(d), (e), and (f), Tuna
Conventions Act of 1950 (1962):
(i) Violation of 16 U.S.C. 957(a),
maximum from $32,500 to $81,250.
(ii) Subsequent violation of 16 U.S.C.
957(a), maximum from $70,000 to
$175,000.
(iii) Violation of 16 U.S.C. 957(b),
maximum from $1,100 to $2,750.
(iv) Subsequent violation of 16 U.S.C.
957(b), maximum from $6,500 to
$16,250.
(v) Violation of 16 U.S.C. 957(c),
maximum from $140,000 to $350,000.
(6) 16 U.S.C. 957(i), Tuna
Conventions Act of 1950 1 (new
penalty), violation, maximum $178,156.
(7) 16 U.S.C. 959, Tuna Conventions
Act of 1950 2 (new penalty), violation,
maximum $178,156.
(8) 16 U.S.C. 971f(a), Atlantic Tunas
Convention Act of 1975,3 violation,
maximum from $140,000 to $178,156.
(9) 16 U.S.C. 973f(a), South Pacific
Tuna Act of 1988 (1988), violation,
maximum from $350,000 to $494,672.
(10) 16 U.S.C. 1174(b), Fur Seal Act
Amendments of 1983 (1983), violation,
maximum from $11,000 to $23,548.
(11) 16 U.S.C. 1375(a)(1), Marine
Mammal Protection Act of 1972 (1972),
violation, maximum from $11,000 to
$27,500.
(12) 16 U.S.C. 1385(e), Dolphin
Protection Consumer Information Act,4
1 This National Oceanic and Atmospheric
Administration maximum civil monetary penalty,
as prescribed by law, is the maximum civil penalty
per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery
Conservation and Management Act civil monetary
penalty (item (15)).
2 See footnote 1.
3 See footnote 1.
4 This National Oceanic and Atmospheric
Administration maximum civil monetary penalty
was revised by law in 2015 to be the maximum civil
penalty per 16 U.S.C. 1858(a), Magnuson-Stevens
Fishery Conservation and Management Act civil
monetary penalty (item (15)).
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violation, maximum from $130,000 to
$178,156.
(13) 16 U.S.C. 1437(d)(1), National
Marine Sanctuaries Act (1992),
violation, maximum from $140,000 to
$167,728.
(14) 16 U.S.C. 1540(a)(1), Endangered
Species Act of 1973:
(i) Violation as specified (1988),
maximum from $32,500 to $49,467.
(ii) Violation as specified (1988),
maximum from $13,200 to $23,744.
(iii) Otherwise violation (1978),
maximum from $650 to $1,625.
(15) 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and
Management Act (1990), violation,
maximum from $140,000 to $178,156.
(16) 16 U.S.C. 2437(a), Antarctic
Marine Living Resources Convention
Act of 1984,5 violation, maximum from
$6,500 to $178,156.
(17) 16 U.S.C. 2465(a), Antarctic
Protection Act of 1990,6 violation,
maximum from $6,500 to $178,156.
(18) 16 U.S.C. 3373(a), Lacey Act
Amendments of 1981 (1981):
(i) 16 U.S.C. 3373(a)(1), violation,
maximum from $11,000 to $25,464.
(ii) 16 U.S.C. 3373(a)(2), violation,
maximum from $275 to $637.
(19) 16 U.S.C. 3606(b)(1), Atlantic
Salmon Convention Act of 1982,7
violation, maximum from $140,000 to
$178,156.
(20) 16 U.S.C. 3637(b), Pacific Salmon
Treaty Act of 1985,8 violation,
maximum from $140,000 to $178,156.
(21) 16 U.S.C. 4016(b)(1)(B), Fish and
Seafood Promotion Act of 1986 (1986);
violation, minimum from $500 to
$1,078; maximum from $6,500 to
$10,781.
(22) 16 U.S.C. 5010, North Pacific
Anadromous Stocks Act of 1992,9
violation, maximum from $130,000 to
$178,156.
(23) 16 U.S.C. 5103(b)(2), Atlantic
Coastal Fisheries Cooperative
Management Act,10 violation, maximum
from $140,000 to $178,156.
(24) 16 U.S.C. 5154(c)(1), Atlantic
Striped Bass Conservation Act,11
violation, maximum from $140,000 to
$178,156.
(25) 16 U.S.C. 5507(a), High Seas
Fishing Compliance Act of 1995 (1995),
violation, maximum from $130,000 to
$154,742.
(26) 16 U.S.C. 5606(b), Northwest
Atlantic Fisheries Convention Act of
footnote 4.
footnote 4.
7 See footnote 1.
8 See footnote 1.
9 See footnote 4.
10 See footnote 1.
11 See footnote 1.
1995,12 violation, maximum from
$140,000 to $178,156.
(27) 16 U.S.C. 6905(c), Western and
Central Pacific Fisheries Convention
Implementation Act,13 violation,
maximum from $140,000 to $178,156.
(28) 16 U.S.C. 7009(c) and (d), Pacific
Whiting Act of 2006,14 violation,
maximum from $140,000 to $178,156.
(29) 22 U.S.C. 1978(e), Fishermen’s
Protective Act of 1967 (1971):
(i) Violation, maximum from $11,000
to $27,500.
(ii) Subsequent violation, maximum
from $32,500 to $81,250.
(30) 30 U.S.C. 1462(a), Deep Seabed
Hard Mineral Resources Act (1980),
violation, maximum, from $32,500 to
$70,117.
(31) 42 U.S.C. 9152(c), Ocean Thermal
Energy Conversion Act of 1980 (1980),
violation, maximum from $32,500 to
$70,117.
(32) 16 U.S.C. 1827a, Billfish
Conservation Act of 2012 15 (new
penalty), violation, maximum $178,156.
(33) 16 U.S.C. 7407(b)(1), Port State
Measures Agreement Act of 2015 16
(new penalty), violation, maximum
$178,156.
(34) 16 U.S.C. 1826g(f), High Seas
Driftnet Fishing Moratorium Protection
Act 17 (new penalty), violation,
maximum $178,156.
§ 6.5 Effective date of adjustments for
inflation.
The adjustments for inflation made by
§ 6.4, of the civil monetary penalties
there specified, are effective on July 7,
2016, and said civil monetary penalties,
as thus adjusted by the adjustments for
inflation made by § 6.4, apply only to
those civil monetary penalties,
including those whose associated
violation predated such adjustment,
which are assessed by Commerce
Department after the effective date of
the new civil monetary penalty level,
and before the effective date of any
future adjustments for inflation to civil
monetary penalties thereto made
subsequent to July 7, 2016 as provided
in § 6.6.
§ 6.6 Subsequent adjustments for
inflation.
The Secretary of Commerce or his or
her designee by regulation shall make
subsequent adjustments for inflation to
Commerce Department’s civil monetary
penalties annually, which shall take
effect not later than January 15, 2017,
5 See
6 See
PO 00000
Frm 00025
Fmt 4700
12 See
footnote 1.
footnote 1.
14 See footnote 1.
15 See footnote 1.
16 See footnote 1.
17 See footnote 1.
13 See
Sfmt 4700
36457
E:\FR\FM\07JNR1.SGM
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Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations
and for each year thereafter,
notwithstanding section 553 of title 5,
United States Code.
[FR Doc. 2016–13231 Filed 6–6–16; 8:45 am]
BILLING CODE 3510–DP–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 710, 745, and 774
[Docket No. 160302176–6176–01]
RIN 0694–AG88
Implementation of the February 2015
Australia Group (AG) Intersessional
Decisions and the June 2015 AG
Plenary Understandings
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
AGENCY:
The Bureau of Industry and
Security (BIS) publishes this final rule
to amend the Export Administration
Regulations (EAR) to implement the
recommendations presented at the
February 2015 Australia Group (AG)
intersessional implementation meeting,
and later adopted pursuant to the AG
silent approval procedure, and the
understandings reached at the June 2015
AG Plenary meeting. This rule amends
three Commerce Control List (CCL)
entries to reflect the February 2015
intersessional recommendations that
were adopted by the AG. Specifically,
this rule amends the CCL entry that
controls chemical precursors by adding
the chemical diethylamine (C.A.S. 109–
89–7), which was not previously
identified on the AG’s ‘‘Chemical
Weapons Precursors’’ common control
list. This rule also amends the CCL
entry that controls certain human and
zoonotic pathogens and toxins by
adding two viruses that were not
previously identified on the AG ‘‘List of
Human and Animal Pathogens and
Toxins for Export Control’’ and by
updating the nomenclature of certain
viruses that were already identified on
this AG common control list. In
addition, this rule amends the CCL
entry that controls equipment capable of
handling biological materials to reflect
the AG intersessional updates to the
controls on biocontainment chambers,
isolators, and biological safety cabinets
and the controls on aerosol inhalation
equipment described on the AG
‘‘Control List of Dual-Use Biological
Equipment and Related Technology and
Software.’’ Consistent with the
understandings adopted at the June
2015 AG Plenary meeting, this rule also
amends the CCL entry that controls
jstallworth on DSK7TPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:20 Jun 06, 2016
Jkt 238001
equipment capable of handling
biological materials by updating the
controls on freeze-drying
(lyophilization) equipment.
Finally, this rule amends the EAR to
reflect the addition of Angola and
Burma as States Parties to the Chemical
Weapons Convention (CWC) and also
amends the Chemical Weapons
Convention Regulations (CWCR) to
reflect the addition of these two
countries as States Parties.
DATES: This rule is effective June 7,
2016.
FOR FURTHER INFORMATION CONTACT:
Richard P. Duncan, Ph.D., Director,
Chemical and Biological Controls
Division, Office of Nonproliferation and
Treaty Compliance, Bureau of Industry
and Security, Telephone: (202) 482–
3343, Email: Richard.Duncan@
bis.doc.gov.
SUPPLEMENTARY INFORMATION: The
Bureau of Industry and Security (BIS) is
amending the Export Administration
Regulations (EAR) to implement the
recommendations presented at the
Australia Group (AG) Intersessional
meeting held in The Hague,
Netherlands, on February 4, 2015, and
adopted pursuant to the AG silent
approval procedure in April 2015, and
the understandings reached at the AG
Plenary meeting held in Perth,
Australia, from June 1–5, 2015. The AG
is a multilateral forum consisting of 41
participating countries that maintain
export controls on a list of chemicals,
biological agents, and related equipment
and technology that could be used in a
chemical or biological weapons
program. The AG periodically reviews
items on its control list to enhance the
effectiveness of participating
governments’ national controls and to
achieve greater harmonization among
these controls.
Amendments to the CCL Based on the
February 2015 AG Intersessional
Recommendations
This rule amends three Export Control
Classification Numbers (ECCNs) on the
Commerce Control List (CCL) (see
Supplement No. 1 to part 774 of the
EAR), as described below, to reflect the
February 2015 intersessional
recommendations that were adopted by
the AG.
Amendments to ECCN 1C350 (Precursor
Chemicals)
This final rule amends ECCN 1C350
on the CCL, to reflect the addition of the
chemical diethylamine (C.A.S. 109–89–
7) to the AG’s ‘‘Chemical Weapons
Precursors’’ common control list, by
adding this chemical to 1C350.d, which
PO 00000
Frm 00026
Fmt 4700
Sfmt 4700
controls precursor chemicals identified
on the AG common control list that are
not also ‘‘scheduled’’ chemicals (i.e.,
chemicals identified as Schedule 1,
Schedule 2, or Schedule 3 chemicals)
under the Chemical Weapons
Convention (CWC).
Like the other precursor chemicals
controlled under ECCN 1C350.d,
diethylamine requires a license for
chemical/biological (CB) reasons to
destinations indicated under CB
Column 2 on the Commerce Country
Chart (see Supplement No. 1 to part 738
of the EAR) and for anti-terrorism (AT)
reasons to destinations in Country
Group E:1 (see Supplement No. 1 to part
742 of the EAR). Because none of the
precursor chemicals controlled under
ECCN 1C350.d (including diethylamine)
are identified as ‘‘scheduled’’ chemicals
under the CWC, these precursor
chemicals do not require a license for
chemical weapons (CW) reasons. (See
part 742 of the EAR for additional
information on the AT controls that
apply to Iran, North Korea, Sudan, and
Syria. See part 746 of the EAR for
additional information on the sanctions
that apply to Iran, North Korea, and
Syria.)
Amendments to ECCN 1C351 (Human
and Animal Pathogens and ‘‘Toxins’’)
This final rule amends ECCN 1C351
on the CCL to reflect the addition of two
viruses (severe acute respiratory
syndrome-related coronavirus, a.k.a.
SARS-related coronavirus, and
reconstructed 1918 influenza virus) that
were not previously identified on the
AG ‘‘List of Human and Animal
Pathogens and Toxins for Export
Control’’ and to update the
nomenclature for seventeen viruses that
were already identified on this AG
common control list and in ECCN
1C351.a (nineteen viruses were updated
on the AG common control list, but only
seventeen viruses in ECCN 1C351.a
required updating). Prior to the
publication of this final rule, the two
viruses that are being added to ECCN
1C351.a were listed under ECCN
1C351.b, which controls viruses
identified on the ‘‘select agents’’ lists
maintained by the Animal and Plant
Health Inspection Service (APHIS), U.S.
Department of Agriculture, and the
Centers for Disease Control and
Prevention (CDC), U.S. Department of
Health and Human Services, but not
identified on the AG ‘‘List of Human
and Animal Pathogens and Toxins for
Export Control.’’
The license requirements applicable
to the viruses affected by the
amendments in this final rule (including
the two viruses that are being moved
E:\FR\FM\07JNR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)]
[Rules and Regulations]
[Pages 36454-36458]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-13231]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 6
[Docket No. 160523449-6449-01]
RIN 0605-AA44
Civil Monetary Penalty Adjustments for Inflation
AGENCY: Office of the Chief Financial Officer and Assistant Secretary
for Administration, Department of Commerce.
ACTION: Interim final rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This interim final rule is being issued to adjust for
inflation each civil monetary penalty (CMP) provided by law within the
jurisdiction of the Department of Commerce (Commerce Department). The
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of 1996 and the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015, requires
the head of each agency to adjust for inflation its CMP levels in
effect as of November 2, 2015, under a revised methodology effective
for 2016 which provides for initial catch up adjustments for inflation
in 2016, and under a revised methodology for each year thereafter. The
revised methodologies provide for the improvement of the effectiveness
of CMPs and to maintain their deterrent effect. The initial catch up
adjustment for inflation of a CMP in 2016 shall not exceed 150 percent
of the amount of the CMP on the date of enactment of the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (November
2, 2015). The initial catch up adjustments for inflation to CMPs are
required to be published through an interim final rule not later than
July 1, 2016, and the adjustments for inflation shall take effect not
later than August 1, 2016. For each year thereafter, the adjustments
for inflation to CMPs shall take effect not later than January 15.
These adjustments for inflation apply only to CMPs with a dollar
amount, and will not apply to CMPs written as functions of violations.
[[Page 36455]]
These adjustments for inflation apply only to those CMPs, including
those whose associated violation predated such adjustment, which are
assessed by Commerce Department after the effective date of the new CMP
level.
DATES: This rule is effective July 7, 2016; comments must be received
on or before July 7, 2016.
ADDRESSES: You may submit comments, identified by the regulations.gov
docket number DOC-2016-0004, by any of the following methods:
Electronic Submissions: Submit all electronic public
comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=DOC-2016-0004 click the ``Comment Now'' icon, complete
the required fields, and enter or attach your comments.
Mail: Acting Deputy Chief Financial Officer, Office of
Financial Management, Department of Commerce, 1401 Constitution Ave
NW., Room D200, Washington, DC 20230.
Instructions: You must submit comments by one of the above methods
to ensure that Commerce Department receives the comments and considers
them. Comments sent by any other method, to any other address or
individual, or received after the end of the comment period, may not be
considered. All comments received are a part of the public record and
will generally be posted to https://www.regulations.gov without change.
All Personal Identifying Information (for example, name, address, etc.)
voluntarily submitted by the commenter may be publicly accessible. Do
not submit Confidential Business Information or otherwise sensitive or
protected information.
Commerce Department will accept anonymous comments (enter ``N/A''
in the required fields if you wish to remain anonymous). Attachments to
electronic comments will be accepted in Microsoft Word, Excel,
WordPerfect, or Adobe PDF file formats only.
FOR FURTHER INFORMATION CONTACT: Jennifer Ayers, Acting Deputy Chief
Financial Officer and Director for Financial Management, Office of
Financial Management, at (202) 482-1207, Department of Commerce, 1401
Constitution Avenue NW., Room D200, Washington, DC 20230. The Commerce
Department Civil Monetary Penalties; Adjustment for Inflation are
available for downloading from Commerce Department, Office of Financial
Management's Web site at the following address: https://www.osec.doc.gov/ofm/OFM_Publications.html.
SUPPLEMENTARY INFORMATION:
Background
The Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub.
L. 101-410; 28 U.S.C. 2461), as amended by the Debt Collection
Improvement Act of 1996 (Pub. L. 104-134), provided for adjustments for
inflation to CMPs to ensure that CMPs continue to maintain their
deterrent value and that CMPs due to the Federal Government were
properly accounted for and collected. On October 24, 1996, November 1,
2000, December 14, 2004, December 11, 2008, and December 7, 2012,
Commerce Department published in the Federal Register a schedule of
CMPs adjusted for inflation as required by law.
A CMP is defined as any penalty, fine, or other sanction that:
1. Is for a specific monetary amount as provided by Federal law, or
has a maximum amount provided for by Federal law; and,
2. Is assessed or enforced by an agency pursuant to Federal law;
and,
3. Is assessed or enforced pursuant to an administrative proceeding
or a civil action in the Federal courts.
On November 2, 2015, the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74)
further amended the Federal Civil Penalties Inflation Adjustment Act of
1990 to improve the effectiveness of CMPs and to maintain their
deterrent effect. This amendment requires agencies to: (1) Adjust the
CMP levels in effect as of November 2, 2015, with initial catch up
adjustments for inflation through an interim final rulemaking; and (2)
make subsequent annual adjustments for inflation to CMPs.
Agencies are required to publish interim final rules with initial
catch up adjustments for inflation by July 1, 2016, and the adjustments
for inflation shall take effect no later than August 1, 2016. For each
year thereafter, the adjustments for inflation to CMPs shall take
effect not later than January 15.
The maximum amount for an initial catch up adjustment for inflation
shall not exceed 150 percent of the amount of that CMP on the date of
enactment of the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (November 2, 2015).
These adjustments for inflation apply only to CMPs with a dollar
amount, and will not apply to CMPs written as functions of violations.
These adjustments for inflation apply only to those CMPs, including
those whose associated violation predated such adjustment, which are
assessed by Commerce Department after the effective date of the new CMP
level.
For an initial catch up adjustment for inflation to a CMP, agencies
may adjust for inflation the amount of a CMP by less than the otherwise
required amount if after publishing a notice of proposed rulemaking and
providing an opportunity for comment, the agency determines in a final
rule that increasing that CMP by the otherwise required amount will
have a negative economic impact; or the social costs of increasing that
CMP by the otherwise required amount outweigh the benefits. The
concurrence of the Director of the Office of Management and Budget will
be required if the adjustment for inflation is less than the otherwise
required amount.
This regulation adjusts for inflation CMPs that are provided by law
within the jurisdiction of Commerce Department. The actual CMP assessed
for a particular violation is dependent upon a variety of factors. For
example, the National Oceanic and Atmospheric Administration's (NOAA)
Policy for the Assessment of Civil Administrative Penalties and Permit
Sanctions (Penalty Policy), a compilation of NOAA internal guidelines
that are used when assessing CMPs for violations for most of the
statutes NOAA enforces, will be interpreted in a manner consistent with
this regulation to maintain the deterrent effect of the CMPs. The CMP
ranges in the Penalty Policy are intended to aid enforcement attorneys
in determining the appropriate CMP to assess for a particular
violation. The Penalty Policy is maintained and made available to the
public on the NOAA Office of the General Counsel, Enforcement Section,
Web site at: https://www.gc.noaa.gov/enforce-office3.html.
The initial catch up adjustments for inflation to CMPs set forth in
this regulation were determined pursuant to the revised methodology
prescribed by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, which requires the maximum CMP, or the
minimum and maximum CMP, as applicable, to be increased by the cost-of-
living adjustment. The term ``cost -of-living adjustment'' is defined
by the Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015. For the initial catch up adjustments for inflation to
CMPs, the cost-of-living adjustment is the percentage (if any) for each
CMP by which the Consumer Price Index for the month of October 2015
exceeds the Consumer Price Index of October of the calendar year during
which the amount of such CMP was established or adjusted under a
provision of law other than the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
[[Page 36456]]
2015. For subsequent adjustments for inflation to CMPs, the cost-of-
living adjustment is the percentage (if any) for each CMP by which the
Consumer Price Index for the month of October preceding the date of the
adjustment exceeds the Consumer Price Index for the previous month of
October.
Classification
Pursuant to 5 U.S.C. 553(b)B, there is good cause to issue this
rule without prior public notice or opportunity for public comment
because it would be impracticable and unnecessary. The Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (Section
701(b)(1)) requires initial catch up adjustments for inflation to CMPs
and to provide the new CMP levels through an interim final rulemaking,
to be published by July 1, 2016. This law also requires agencies to
make subsequent annual adjustments for inflation to CMPs
notwithstanding section 553 of title 5, United States Code.
Additionally, the methodologies used for adjusting CMPs for inflation
is given by statute, with no discretion provided to agencies regarding
the substance of the adjustments for inflation to CMPs. Commerce
Department is charged only with performing ministerial computations to
determine the dollar amount of adjustments for inflation to CMPs.
Accordingly, prior public notice and comment are not required for this
rule.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995, Public Law
104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR
part 1320, do not apply to this rule because there are no new or
revised recordkeeping or reporting requirements.
Regulatory Analysis
E.O. 12866, Regulatory Review
This rule is not a significant regulatory action as the term is
defined in Executive Order 12866.
Regulatory Flexibility Act
Because notice of proposed rulemaking and opportunity for comment
are not required pursuant to 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility act (5 U.S.C.
601, et seq.) are inapplicable. Therefore, a regulatory flexibility
analysis is not required and has not been prepared.
List of Subjects in 15 CFR Part 6
Law enforcement, Civil monetary penalties.
Dated: May 31, 2016.
Jennifer Ayers,
Acting Deputy Chief Financial Officer and Director for Financial
Management, Department of Commerce.
Authority and Issuance
0
For the reasons stated in the preamble, Commerce Department revises 15
CFR part 6 to read as follows:
PART 6--CIVIL MONETARY PENALTY ADJUSTMENTS FOR INFLATION
Sec.
Sec. 6.1 Definitions.
Sec. 6.2 Purpose and scope.
Sec. 6.3 Limitation on initial catch up adjustments for inflation.
Sec. 6.4 Adjustments for inflation.
Sec. 6.5 Effective date of adjustments for inflation.
Sec. 6.6 Subsequent adjustments for inflation.
Authority: Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461
note); Pub. L. 104-134, 110 Stat. 1321 (31 U.S.C. 3701 note); Sec.
701 of Pub. L. 114-74, 129 Stat. 599 (28 U.S.C. 1 note; 28 U.S.C.
2461 note).
Sec. 6.1 Definitions.
(a) Commerce Department means the United States Department of
Commerce.
(b) Civil Monetary Penalty means any penalty, fine, or other
sanction that:
(1) Is for a specific monetary amount as provided by Federal law,
or has a maximum amount provided for by Federal law; and
(2) Is assessed or enforced by an agency pursuant to Federal law;
and
(3) Is assessed or enforced pursuant to an administrative
proceeding or a civil action in the Federal courts.
Sec. 6.2 Purpose and scope.
The purpose of this part is to make adjustments for inflation to
civil monetary penalties, as required by the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. 101-410; 28 U.S.C. 2461), as
amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-
134) and the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Section 701 of Pub. L. 114-74), of each civil
monetary penalty provided by law within the jurisdiction of the United
States Department of Commerce (Commerce Department).
Sec. 6.3 Limitation on initial catch up adjustments for inflation.
The initial catch up adjustment for inflation to a civil monetary
penalty shall not exceed 150 percent of the amount of that civil
monetary penalty that was in effect as of November 2, 2015.
Sec. 6.4 Adjustments for inflation.
The civil monetary penalties provided by law within the
jurisdiction of Commerce Department, as set forth in paragraphs (a)
through (f) of this section, are hereby adjusted for inflation in
accordance with the Federal Civil Penalties Inflation Adjustment Act of
1990, as amended, from the amount of such civil monetary penalties that
was in effect as of November 2, 2015, to the amounts of such civil
monetary penalties, as thus adjusted. The year stated in parenthesis
represents the year that the civil monetary penalty was last set by law
or adjusted by law (excluding adjustments for inflation).
(a) United States Department of Commerce. (1) 31 U.S.C. 3802(a)(1),
Program Fraud Civil Remedies Act of 1986 (1986), violation, maximum
from $5,500 to $10,781.
(2) 31 U.S.C. 3802(a)(2), Program Fraud Civil Remedies Act of 1986
(1986; newly reported penalty), violation, maximum $10,781.
(3) 31 U.S.C. 3729(a)(1)(G), False Claims Act (1986); violation,
minimum from $5,500 to $10,781; maximum from $11,000 to $21,563.
(b) Bureau of Industry and Security. (1) 15 U.S.C. 5408(b)(1),
Fastener Quality Act (1990), violation, maximum from $32,500 to
$44,539.
(2) 22 U.S.C. 6761(a)(1)(A), Chemical Weapons Convention
Implementation Act (1998), violation, maximum from $25,000 to $36,256.
(3) 22 U.S.C. 6761(a)(l)(B), Chemical Weapons Convention
Implementation Act (1998), violation, maximum from $5,000 to $7,251.
(4) 50 U.S.C. 1705(b), International Emergency Economic Powers Act
(2007), violation, maximum $284,582.
(5) 22 U.S.C. 8142(a), United States Additional Protocol
Implementation Act (2006), violation, maximum from $27,500 to $29,464.
(c) Census Bureau. (1) 13 U.S.C. 304, Collection of Foreign Trade
Statistics (2002), each day's delinquency of a violation; total of not
to exceed maximum violation, from $1,000 to $1,312; maximum per
violation, from $10,000 to $13,118.
(2) 13 U.S.C. 305(b), Collection of Foreign Trade Statistics
(2002), violation, maximum from $10,000 to $13,118.
(d) Economics and Statistics Administration. (1) 22 U.S.C. 3105(a),
International Investment and Trade in Services Act (1990); failure to
furnish information, minimum from $2,500 to $4,454; maximum from
$32,500 to $44,539.
(e) International Trade Administration. (1) 19 U.S.C. 81s,
[[Page 36457]]
Foreign Trade Zone (1934), violation, maximum from $1,100 to $2,750.
(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada FTA Protective Order (1988),
violation, maximum from $130,000 to $197,869.
(f) National Oceanic and Atmospheric Administration. (1) 51 U.S.C.
60123(a), Land Remote Sensing Policy Act of 2010 (2010), violation,
maximum from $10,000 to $10,874.
(2) 51 U.S.C. 60148(c), Land Remote Sensing Policy Act of 2010
(2010), violation, maximum from $10,000 to $10,874.
(3) 16 U.S.C. 773f(a), Northern Pacific Halibut Act of 1982 (2007),
violation, maximum from $200,000 to $227,666.
(4) 16 U.S.C. 783, Sponge Act (1914), violation, maximum from $650
to $1,625.
(5) 16 U.S.C. 957(d), (e), and (f), Tuna Conventions Act of 1950
(1962):
(i) Violation of 16 U.S.C. 957(a), maximum from $32,500 to $81,250.
(ii) Subsequent violation of 16 U.S.C. 957(a), maximum from $70,000
to $175,000.
(iii) Violation of 16 U.S.C. 957(b), maximum from $1,100 to $2,750.
(iv) Subsequent violation of 16 U.S.C. 957(b), maximum from $6,500
to $16,250.
(v) Violation of 16 U.S.C. 957(c), maximum from $140,000 to
$350,000.
(6) 16 U.S.C. 957(i), Tuna Conventions Act of 1950 \1\ (new
penalty), violation, maximum $178,156.
---------------------------------------------------------------------------
\1\ This National Oceanic and Atmospheric Administration maximum
civil monetary penalty, as prescribed by law, is the maximum civil
penalty per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation
and Management Act civil monetary penalty (item (15)).
---------------------------------------------------------------------------
(7) 16 U.S.C. 959, Tuna Conventions Act of 1950 \2\ (new penalty),
violation, maximum $178,156.
---------------------------------------------------------------------------
\2\ See footnote 1.
---------------------------------------------------------------------------
(8) 16 U.S.C. 971f(a), Atlantic Tunas Convention Act of 1975,\3\
violation, maximum from $140,000 to $178,156.
---------------------------------------------------------------------------
\3\ See footnote 1.
---------------------------------------------------------------------------
(9) 16 U.S.C. 973f(a), South Pacific Tuna Act of 1988 (1988),
violation, maximum from $350,000 to $494,672.
(10) 16 U.S.C. 1174(b), Fur Seal Act Amendments of 1983 (1983),
violation, maximum from $11,000 to $23,548.
(11) 16 U.S.C. 1375(a)(1), Marine Mammal Protection Act of 1972
(1972), violation, maximum from $11,000 to $27,500.
(12) 16 U.S.C. 1385(e), Dolphin Protection Consumer Information
Act,\4\ violation, maximum from $130,000 to $178,156.
---------------------------------------------------------------------------
\4\ This National Oceanic and Atmospheric Administration maximum
civil monetary penalty was revised by law in 2015 to be the maximum
civil penalty per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery
Conservation and Management Act civil monetary penalty (item (15)).
---------------------------------------------------------------------------
(13) 16 U.S.C. 1437(d)(1), National Marine Sanctuaries Act (1992),
violation, maximum from $140,000 to $167,728.
(14) 16 U.S.C. 1540(a)(1), Endangered Species Act of 1973:
(i) Violation as specified (1988), maximum from $32,500 to $49,467.
(ii) Violation as specified (1988), maximum from $13,200 to
$23,744.
(iii) Otherwise violation (1978), maximum from $650 to $1,625.
(15) 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and
Management Act (1990), violation, maximum from $140,000 to $178,156.
(16) 16 U.S.C. 2437(a), Antarctic Marine Living Resources
Convention Act of 1984,\5\ violation, maximum from $6,500 to $178,156.
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\5\ See footnote 4.
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(17) 16 U.S.C. 2465(a), Antarctic Protection Act of 1990,\6\
violation, maximum from $6,500 to $178,156.
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\6\ See footnote 4.
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(18) 16 U.S.C. 3373(a), Lacey Act Amendments of 1981 (1981):
(i) 16 U.S.C. 3373(a)(1), violation, maximum from $11,000 to
$25,464.
(ii) 16 U.S.C. 3373(a)(2), violation, maximum from $275 to $637.
(19) 16 U.S.C. 3606(b)(1), Atlantic Salmon Convention Act of
1982,\7\ violation, maximum from $140,000 to $178,156.
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\7\ See footnote 1.
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(20) 16 U.S.C. 3637(b), Pacific Salmon Treaty Act of 1985,\8\
violation, maximum from $140,000 to $178,156.
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\8\ See footnote 1.
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(21) 16 U.S.C. 4016(b)(1)(B), Fish and Seafood Promotion Act of
1986 (1986); violation, minimum from $500 to $1,078; maximum from
$6,500 to $10,781.
(22) 16 U.S.C. 5010, North Pacific Anadromous Stocks Act of
1992,\9\ violation, maximum from $130,000 to $178,156.
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\9\ See footnote 4.
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(23) 16 U.S.C. 5103(b)(2), Atlantic Coastal Fisheries Cooperative
Management Act,\10\ violation, maximum from $140,000 to $178,156.
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\10\ See footnote 1.
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(24) 16 U.S.C. 5154(c)(1), Atlantic Striped Bass Conservation
Act,\11\ violation, maximum from $140,000 to $178,156.
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\11\ See footnote 1.
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(25) 16 U.S.C. 5507(a), High Seas Fishing Compliance Act of 1995
(1995), violation, maximum from $130,000 to $154,742.
(26) 16 U.S.C. 5606(b), Northwest Atlantic Fisheries Convention Act
of 1995,\12\ violation, maximum from $140,000 to $178,156.
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\12\ See footnote 1.
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(27) 16 U.S.C. 6905(c), Western and Central Pacific Fisheries
Convention Implementation Act,\13\ violation, maximum from $140,000 to
$178,156.
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\13\ See footnote 1.
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(28) 16 U.S.C. 7009(c) and (d), Pacific Whiting Act of 2006,\14\
violation, maximum from $140,000 to $178,156.
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\14\ See footnote 1.
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(29) 22 U.S.C. 1978(e), Fishermen's Protective Act of 1967 (1971):
(i) Violation, maximum from $11,000 to $27,500.
(ii) Subsequent violation, maximum from $32,500 to $81,250.
(30) 30 U.S.C. 1462(a), Deep Seabed Hard Mineral Resources Act
(1980), violation, maximum, from $32,500 to $70,117.
(31) 42 U.S.C. 9152(c), Ocean Thermal Energy Conversion Act of 1980
(1980), violation, maximum from $32,500 to $70,117.
(32) 16 U.S.C. 1827a, Billfish Conservation Act of 2012 \15\ (new
penalty), violation, maximum $178,156.
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\15\ See footnote 1.
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(33) 16 U.S.C. 7407(b)(1), Port State Measures Agreement Act of
2015 \16\ (new penalty), violation, maximum $178,156.
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\16\ See footnote 1.
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(34) 16 U.S.C. 1826g(f), High Seas Driftnet Fishing Moratorium
Protection Act \17\ (new penalty), violation, maximum $178,156.
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\17\ See footnote 1.
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Sec. 6.5 Effective date of adjustments for inflation.
The adjustments for inflation made by Sec. 6.4, of the civil
monetary penalties there specified, are effective on July 7, 2016, and
said civil monetary penalties, as thus adjusted by the adjustments for
inflation made by Sec. 6.4, apply only to those civil monetary
penalties, including those whose associated violation predated such
adjustment, which are assessed by Commerce Department after the
effective date of the new civil monetary penalty level, and before the
effective date of any future adjustments for inflation to civil
monetary penalties thereto made subsequent to July 7, 2016 as provided
in Sec. 6.6.
Sec. 6.6 Subsequent adjustments for inflation.
The Secretary of Commerce or his or her designee by regulation
shall make subsequent adjustments for inflation to Commerce
Department's civil monetary penalties annually, which shall take effect
not later than January 15, 2017,
[[Page 36458]]
and for each year thereafter, notwithstanding section 553 of title 5,
United States Code.
[FR Doc. 2016-13231 Filed 6-6-16; 8:45 am]
BILLING CODE 3510-DP-P
