Civil Monetary Penalty Adjustments for Inflation, 95432-95435 [2016-31292]
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations
number of small entities under the
criteria of the Regulatory Flexibility Act.
respectively, of FAA Order 7400.11A
dated August 3, 2016, and effective
September 15, 2016, which is
incorporated by reference in 14 CFR
part 71.1. The Class E airspace
designations listed in this document
will be published subsequently in the
Order.
Environmental Review
Availability and Summary of
Documents for Incorporation by
Reference
This document amends FAA Order
7400.11A dated August 3, 2016, and
effective September 15, 2016, which is
incorporated by reference in 14 CFR
part 71.1. FAA Order 7400.11A is
publicly available as listed in the
ADDRESSES section of this document.
FAA Order 7400.11A lists Class A, B, C,
D, and E airspace areas, air traffic
service routes, and reporting points.
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The Rule
This action amends the legal
descriptions for Class E surface area
airspace and Class E airspace upward
from 700 feet above the surface to
correct the airport name to Cedar City
Regional Airport, Cedar City, UT,
(formerly Cedar City Municipal
Airport), and geographic coordinates
from (lat. 37°42′06″ N., long. 113°05′53″
W.) to (lat. 37°42′03″ N., long.
113°05′56″ W.) to coincide with the
FAA’s aeronautical database. This
action also corrects the navigation aid
noted in the Class E surface area
airspace legal description from the
Cedar City VOR/DME to the Enoch
VOR/DME. This is an administrative
change and does not affect the
boundaries, altitudes, or operating
requirements of the airspace, therefore,
notice and public procedure under 5
U.S.C. 553(b) is unnecessary.
Regulatory Notices and Analyses
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current, is non-controversial and
unlikely to result in adverse or negative
comments. It, therefore: (1) Is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that only affects air traffic
procedures and air navigation, it is
certified that this rule, when
promulgated, does not have a significant
economic impact on a substantial
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The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1F, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 5–6.5a. This airspace action
is not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exists
that warrant preparation of an
environmental assessment.
Lists of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for Part 71
continues to read as follows:
■
Authority: 49 U.S.C. 106(g); 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of FAA Order 7400.11A,
Airspace Designations and Reporting
Points, dated August 3, 2016, effective
September 15, 2016, is amended as
follows:
■
Paragraph 6002. Class E Airspace Designated
as Surface Areas.
*
*
*
*
*
ANM UT E2 Cedar City, UT [Modified]
Cedar City Regional Airport, UT
(Lat. 37°42′03″ N., long. 113°05′56″ W.)
Enoch VOR/DME
(Lat. 37°47′14″ N., long. 113°04′06″ W.)
Meggi LOM
(Lat. 37°47′28″ N., long. 113°01′17″ W.)
Within a 4.2-mile radius of Cedar City
Regional Airport, and within 1.8 miles each
side of the Enoch VOR/DME 195° radial
extending from the 4.2-mile radius to the
VOR/DME, and within 1.8 miles each side of
Meggi LOM 214° bearing extending from the
4.2-mile radius to the LOM.
Paragraph 6005. Class E Airspace Areas
Extending Upward from 700 feet or More
Above the Surface of the Earth.
*
*
*
*
*
ANM UT E5 Cedar City, UT [Modified]
Cedar City Regional Airport, UT
(Lat. 37°42′03″ N., long. 113°05′56″ W.)
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That airspace extending upward from 700feet above the surface bounded by a line
beginning at lat. 38°03′00″ N., long.
113°13′30″ W.; to lat. 38°05′30″ N., long.
112°58′30″ W.; to lat. 37°58′30″ N., long.
112°45′30″ W.; to lat. 37°45′00″ N., long.
112°56′45″ W.; to lat. 37°47′30″ N., long.
113°15′00″ W.; thence to point of beginning.
That airspace extending upward from 1,200feet above the surface bounded by a line
beginning at lat. 38°00′00″ N., long.
113°45′30″ W.; to lat. 38°19′00″ N., long.
112°51′30″ W.; to lat. 37°58′32″ N., long.
112°38′00″ W.; to lat. 37°37′00″ N., long.
112°53′30″ W.; to lat. 37°38′15″ N., long.
113°22′18″ W.; thence to point of origin; and
excluding that airspace within Federal
airways; the Midford, UT, and St. George,
UT, Class E airspace areas.
Issued in Seattle, Washington, on
December 14, 2016.
Tracey Johnson,
Manager, Operations Support Group, Western
Service Center.
[FR Doc. 2016–30649 Filed 12–27–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 6
[Docket No. 161220999–6999–01]
RIN 0605–AA47
Civil Monetary Penalty Adjustments for
Inflation
Office of the Chief Financial
Officer and Assistant Secretary for
Administration, Department of
Commerce.
ACTION: Final rule.
AGENCY:
This final rule is being issued
to adjust for inflation each civil
monetary penalty (CMP) provided by
law within the jurisdiction of the United
States Department of Commerce
(Department of Commerce). 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 that was effective
for 2016 which provided for initial
catch up adjustments for inflation in
2016, and under a revised methodology
for each year thereafter. The initial catch
up adjustments for inflation to CMPs to
the Department of Commerce’s CMPs
were published in the Federal Register
on June 7, 2016 and became effective
July 7, 2016, and, as required, did not
exceed 150 percent of the amount of the
SUMMARY:
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations
CMP on the date of enactment of the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (November 2, 2015). The revised
methodology for agencies for 2017 and
each year thereafter provides for the
improvement of the effectiveness of
CMPs and to maintain their deterrent
effect. Effective 2017, agencies’ annual
adjustments for inflation to CMPs shall
take effect not later than January 15. The
Department of Commerce’s 2017
adjustments for inflation to CMPs apply
only to CMPs with a dollar amount, and
will not apply to CMPs written as
functions of violations. The Department
of Commerce’s 2017 adjustments for
inflation to CMPs apply only to those
CMPs, including those whose associated
violation predated such adjustment,
which are assessed by the Department of
Commerce after the effective date of the
new CMP level.
DATES: This rule is effective January 15,
2017.
FOR FURTHER INFORMATION CONTACT:
Stephen Kunze, 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 Department
of Commerce’s Civil Monetary Penalty
Adjustments for Inflation are available
for downloading from the Department of
Commerce, 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
agencies’ 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, the Department of Commerce
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,
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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 a final rulemaking that
shall take effect no later than August 1,
2016; and (2) make subsequent annual
adjustments for inflation to CMPs that
shall take effect not later than January
15.
The Department of Commerce’s initial
catch up adjustments for inflation to
CMPs were published in the Federal
Register on June 7, 2016, and the new
CMP levels became effective July 7,
2016.
The Department of Commerce’s 2017
adjustments for inflation to CMPs apply
only to CMPs with a dollar amount, and
will not apply to CMPs written as
functions of violations. These 2017
adjustments for inflation to CMPs apply
only to those CMPs, including those
whose associated violation predated
such adjustment, which are assessed by
the Department of Commerce after the
effective date of the new CMP level.
This regulation adjusts for inflation
CMPs that are provided by law within
the jurisdiction of the Department of
Commerce. 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 NOAA’s Office of the General
Counsel, Enforcement Section Web site
at: https://www.gc.noaa.gov/enforceoffice3.html.
The Department of Commerce’s 2017
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
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95433
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 2017
adjustments for inflation to CMPs, the
cost-of-living adjustment is the
percentage for each CMP by which the
Consumer Price Index for the month of
October 2016 exceeds the Consumer
Price Index for the month of October
2015.
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)) requires agencies,
effective 2017, to make annual
adjustments for inflation to CMPs
notwithstanding section 553 of title 5,
United States Code. Additionally, the
methodology used, effective 2017, 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. The
Department of Commerce is charged
only with performing ministerial
computations to determine the dollar
amount of adjustments for inflation to
CMPs. Accordingly, prior public notice
and an opportunity for public 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 that 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.
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Federal Register / Vol. 81, No. 249 / Wednesday, December 28, 2016 / Rules and Regulations
List of Subjects in 15 CFR Part 6
Law enforcement, Civil monetary
penalties.
Dated: December 21, 2016.
Stephen Kunze,
Deputy Chief Financial Officer and Director
for Financial Management, Department of
Commerce.
Authority and Issuance
For the reasons stated in the preamble,
the Department of Commerce 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 2017 Adjustments for inflation to civil
monetary penalties.
6.4 Effective date of 2017 adjustments for
inflation to civil monetary penalties.
6.5 Subsequent annual adjustments for
inflation to civil monetary penalties.
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) The Department of Commerce
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.
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§ 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
(Department of Commerce).
§ 6.3 Adjustments for inflation to civil
monetary penalties.
The civil monetary penalties provided
by law within the jurisdiction of the
Department of Commerce, as set forth in
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paragraphs (a) through (f) of this section,
are hereby adjusted for inflation in 2017
in accordance with the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended, from the amounts of
such civil monetary penalties that were
in effect as of July 7, 2016, 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
$10,781 to $10,957.
(2) 31 U.S.C. 3802(a)(2), Program
Fraud Civil Remedies Act of 1986
(1986), violation, maximum from
$10,781 to $10,957.
(3) 31 U.S.C. 3729(a)(1)(G), False
Claims Act (1986); violation, minimum
from $10,781 to $10,957; maximum
from $21,563 to $21,916.
(b) Bureau of Industry and Security.
(1) 15 U.S.C. 5408(b)(1), Fastener
Quality Act (1990), violation, maximum
from $44,539 to $45,268.
(2) 22 U.S.C. 6761(a)(1)(A), Chemical
Weapons Convention Implementation
Act (1998), violation, maximum from
$36,256 to $36,849.
(3) 22 U.S.C. 6761(a)(l)(B), Chemical
Weapons Convention Implementation
Act (1998), violation, maximum from
$7,251 to $7,370.
(4) 50 U.S.C. 1705(b), International
Emergency Economic Powers Act
(2007), violation, maximum from
$284,582 to $289,238.
(5) 22 U.S.C. 8142(a), United States
Additional Protocol Implementation Act
(2006), violation, maximum from
$29,464 to $29,946.
(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 $1,312 to
$1,333; maximum per violation, from
$13,118 to $13,333.
(2) 13 U.S.C. 305(b), Collection of
Foreign Trade Statistics (2002),
violation, maximum from $13,118 to
$13,333.
(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 $4,454 to
$4,527; maximum from $44,539 to
$45,268.
(e) International Trade
Administration. (1) 19 U.S.C. 81s,
Foreign Trade Zone (1934), violation,
maximum from $2,750 to $2,795.
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(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada
FTA Protective Order (1988), violation,
maximum from $197,869 to $201,106.
(f) National Oceanic and Atmospheric
Administration. (1) 51 U.S.C. 60123(a),
Land Remote Sensing Policy Act of 2010
(2010), violation, maximum from
$10,874 to $11,052.
(2) 51 U.S.C. 60148(c), Land Remote
Sensing Policy Act of 2010 (2010),
violation, maximum from $10,874 to
$11,052.
(3) 16 U.S.C. 773f(a), Northern Pacific
Halibut Act of 1982 (2007), violation,
maximum from $227,666 to $231,391.
(4) 16 U.S.C. 783, Sponge Act (1914),
violation, maximum from $1,625 to
$1,652.
(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 $81,250 to $82,579.
(ii) Subsequent violation of 16 U.S.C.
957(a), maximum from $175,000 to
$177,863.
(iii) Violation of 16 U.S.C. 957(b),
maximum from $2,750 to $2,795.
(iv) Subsequent violation of 16 U.S.C.
957(b), maximum from $16,250 to
$16,516.
(v) Violation of 16 U.S.C. 957(c),
maximum from $350,000 to $355,726.
(6) 16 U.S.C. 957(i), Tuna
Conventions Act of 1950,1 violation,
maximum from $178,156 to $181,071.
(7) 16 U.S.C. 959, Tuna Conventions
Act of 1950,2 violation, maximum from
$178,156 to $181,071.
(8) 16 U.S.C. 971f(a), Atlantic Tunas
Convention Act of 1975,3 violation,
maximum from $178,156 to $181,071.
(9) 16 U.S.C. 973f(a), South Pacific
Tuna Act of 1988 (1988), violation,
maximum from $494,672 to $502,765.
(10) 16 U.S.C. 1174(b), Fur Seal Act
Amendments of 1983 (1983), violation,
maximum from $23,548 to $23,933.
(11) 16 U.S.C. 1375(a)(1), Marine
Mammal Protection Act of 1972 (1972),
violation, maximum from $27,500 to
$27,950.
(12) 16 U.S.C. 1385(e), Dolphin
Protection Consumer Information Act,4
violation, maximum from $178,156 to
$181,071.
(13) 16 U.S.C. 1437(d)(1), National
Marine Sanctuaries Act (1992),
violation, maximum from $167,728 to
$170,472.
(14) 16 U.S.C. 1540(a)(1), Endangered
Species Act of 1973:
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 See footnote 1.
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(i) Violation as specified (1988),
maximum from $49,467 to $50,276.
(ii) Violation as specified (1988),
maximum from $23,744 to $24,132.
(iii) Otherwise violation (1978),
maximum from $1,625 to $1,652.
(15) 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and
Management Act (1990), violation,
maximum from $178,156 to $181,071.
(16) 16 U.S.C. 2437(a), Antarctic
Marine Living Resources Convention
Act of 1984,5 violation, maximum from
$178,156 to $181,071.
(17) 16 U.S.C. 2465(a), Antarctic
Protection Act of 1990,6 violation,
maximum from $178,156 to $181,071.
(18) 16 U.S.C. 3373(a), Lacey Act
Amendments of 1981 (1981):
(i) 16 U.S.C. 3373(a)(1), violation,
maximum from $25,464 to $25,881.
(ii) 16 U.S.C. 3373(a)(2), violation,
maximum from $637 to $647.
(19) 16 U.S.C. 3606(b)(1), Atlantic
Salmon Convention Act of 1982,7
violation, maximum from $178,156 to
$181,071.
(20) 16 U.S.C. 3637(b), Pacific Salmon
Treaty Act of 1985,8 violation,
maximum from $178,156 to $181,071.
(21) 16 U.S.C. 4016(b)(1)(B), Fish and
Seafood Promotion Act of 1986 (1986);
violation, minimum from $1,078 to
$1,096; maximum from $10,781 to
$10,957.
(22) 16 U.S.C. 5010, North Pacific
Anadromous Stocks Act of 1992,9
violation, maximum from $178,156 to
$181,071.
(23) 16 U.S.C. 5103(b)(2), Atlantic
Coastal Fisheries Cooperative
Management Act,10 violation, maximum
from $178,156 to $181,071.
(24) 16 U.S.C. 5154(c)(1), Atlantic
Striped Bass Conservation Act,11
violation, maximum from $178,156 to
$181,071.
(25) 16 U.S.C. 5507(a), High Seas
Fishing Compliance Act of 1995 (1995),
violation, maximum from $154,742 to
$157,274.
(26) 16 U.S.C. 5606(b), Northwest
Atlantic Fisheries Convention Act of
1995,12 violation, maximum from
$178,156 to $181,071.
(27) 16 U.S.C. 6905(c), Western and
Central Pacific Fisheries Convention
Implementation Act,13 violation,
maximum from $178,156 to $181,071.
5 See
footnote 1.
footnote 1.
7 See footnote 1.
8 See footnote 1.
9 See footnote 1.
10 See footnote 1.
11 See footnote 1.
12 See footnote 1.
13 See footnote 1.
6 See
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(28) 16 U.S.C. 7009(c) and (d), Pacific
Whiting Act of 2006,14 violation,
maximum from $178,156 to $181,071.
(29) 22 U.S.C. 1978(e), Fishermen’s
Protective Act of 1967 (1971):
(i) Violation, maximum from $27,500
to $27,950.
(ii) Subsequent violation, maximum
from $81,250 to $82,579.
(30) 30 U.S.C. 1462(a), Deep Seabed
Hard Mineral Resources Act (1980),
violation, maximum, from $70,117 to
$71,264.
(31) 42 U.S.C. 9152(c), Ocean Thermal
Energy Conversion Act of 1980 (1980),
violation, maximum from $70,117 to
$71,264.
(32) 16 U.S.C. 1827a, Billfish
Conservation Act of 2012,15 violation,
maximum from $178,156 to $181,071.
(33) 16 U.S.C. 7407(b)(1), Port State
Measures Agreement Act of 2015,16
violation, maximum from $178,156 to
$181,071.
(34) 16 U.S.C. 1826g(f), High Seas
Driftnet Fishing Moratorium Protection
Act,17 violation, maximum from
$178,156 to $181,071.
§ 6.4 Effective date of adjustments for
inflation to civil monetary penalties.
The Department of Commerce’s 2017
adjustments for inflation made by § 6.3,
of the civil monetary penalties there
specified, are effective on January 15,
2017, and said civil monetary penalties,
as thus adjusted by the adjustments for
inflation made by § 6.3, apply only to
those civil monetary penalties,
including those whose associated
violation predated such adjustment,
which are assessed by the Department of
Commerce 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 January 15, 2017 as
provided in § 6.5.
§ 6.5 Subsequent annual adjustments for
inflation to civil monetary penalties.
The Secretary of Commerce or his or
her designee by regulation shall make
subsequent adjustments for inflation to
the Department of Commerce’s civil
monetary penalties annually, which
shall take effect not later than January
15, notwithstanding section 553 of title
5, United States Code.
[FR Doc. 2016–31292 Filed 12–27–16; 8:45 am]
BILLING CODE 3510–DP–P
14 See
footnote 1.
footnote 1.
16 See footnote 1.
17 See footnote 1.
15 See
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Frm 00039
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95435
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
15 CFR Part 902
50 CFR Parts 300 and 679
[Docket No. 151001910–6999–02]
RIN 0648–BF42
Fisheries of the Exclusive Economic
Zone Off Alaska; Allow the Use of
Longline Pot Gear in the Gulf of Alaska
Sablefish Individual Fishing Quota
Fishery; Amendment 101
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS issues regulations to
implement Amendment 101 to the
Fishery Management Plan for
Groundfish of the Gulf of Alaska (GOA
FMP) for the sablefish individual fishing
quota (IFQ) fisheries in the Gulf of
Alaska (GOA). This final rule authorizes
the use of longline pot gear in the GOA
sablefish IFQ fishery. In addition, this
final rule establishes management
measures to minimize potential
conflicts between hook-and-line and
longline pot gear used in the sablefish
IFQ fisheries in the GOA. This final rule
also includes regulations developed
under the Northern Pacific Halibut Act
of 1982 (Halibut Act) to authorize
harvest of halibut IFQ caught
incidentally in longline pot gear used in
the GOA sablefish IFQ fishery. This
final rule is necessary to improve
efficiency and provide economic
benefits for the sablefish IFQ fleet and
minimize potential fishery interactions
with whales and seabirds. This action is
intended to promote the goals and
objectives of the Magnuson-Stevens
Fishery Conservation and Management
Act, the Halibut Act, the GOA FMP, and
other applicable laws.
DATES: Effective January 27, 2017.
ADDRESSES: Electronic copies of
Amendment 101 and the Environmental
Assessment (EA)/Regulatory Impact
Review (RIR) prepared for this action
(collectively the ‘‘Analysis’’), and the
Initial Regulatory Flexibility Analysis
(IRFA) prepared for this action are
available from www.regulations.gov or
from the NMFS Alaska Region Web site
at alaskafisheries.noaa.gov.
Written comments regarding the
burden-hour estimates or other aspects
of the collection-of-information
requirements contained in this rule may
SUMMARY:
E:\FR\FM\28DER1.SGM
28DER1
]]>Agencies
[Federal Register Volume 81, Number 249 (Wednesday, December 28, 2016)]
[Rules and Regulations]
[Pages 95432-95435]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-31292]
=======================================================================
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DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 6
[Docket No. 161220999-6999-01]
RIN 0605-AA47
Civil Monetary Penalty Adjustments for Inflation
AGENCY: Office of the Chief Financial Officer and Assistant Secretary
for Administration, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule is being issued to adjust for inflation each
civil monetary penalty (CMP) provided by law within the jurisdiction of
the United States Department of Commerce (Department of Commerce). 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 that was
effective for 2016 which provided for initial catch up adjustments for
inflation in 2016, and under a revised methodology for each year
thereafter. The initial catch up adjustments for inflation to CMPs to
the Department of Commerce's CMPs were published in the Federal
Register on June 7, 2016 and became effective July 7, 2016, and, as
required, did not exceed 150 percent of the amount of the
[[Page 95433]]
CMP on the date of enactment of the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (November 2, 2015). The revised
methodology for agencies for 2017 and each year thereafter provides for
the improvement of the effectiveness of CMPs and to maintain their
deterrent effect. Effective 2017, agencies' annual adjustments for
inflation to CMPs shall take effect not later than January 15. The
Department of Commerce's 2017 adjustments for inflation to CMPs apply
only to CMPs with a dollar amount, and will not apply to CMPs written
as functions of violations. The Department of Commerce's 2017
adjustments for inflation to CMPs apply only to those CMPs, including
those whose associated violation predated such adjustment, which are
assessed by the Department of Commerce after the effective date of the
new CMP level.
DATES: This rule is effective January 15, 2017.
FOR FURTHER INFORMATION CONTACT: Stephen Kunze, 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
Department of Commerce's Civil Monetary Penalty Adjustments for
Inflation are available for downloading from the Department of
Commerce, 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 agencies'
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, the Department of Commerce 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 a final rulemaking that shall take
effect no later than August 1, 2016; and (2) make subsequent annual
adjustments for inflation to CMPs that shall take effect not later than
January 15.
The Department of Commerce's initial catch up adjustments for
inflation to CMPs were published in the Federal Register on June 7,
2016, and the new CMP levels became effective July 7, 2016.
The Department of Commerce's 2017 adjustments for inflation to CMPs
apply only to CMPs with a dollar amount, and will not apply to CMPs
written as functions of violations. These 2017 adjustments for
inflation to CMPs apply only to those CMPs, including those whose
associated violation predated such adjustment, which are assessed by
the Department of Commerce after the effective date of the new CMP
level.
This regulation adjusts for inflation CMPs that are provided by law
within the jurisdiction of the Department of Commerce. 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 NOAA's Office of the
General Counsel, Enforcement Section Web site at: https://www.gc.noaa.gov/enforce-office3.html.
The Department of Commerce's 2017 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 2017 adjustments for inflation to
CMPs, the cost-of-living adjustment is the percentage for each CMP by
which the Consumer Price Index for the month of October 2016 exceeds
the Consumer Price Index for the month of October 2015.
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)) requires agencies, effective 2017, to make annual adjustments
for inflation to CMPs notwithstanding section 553 of title 5, United
States Code. Additionally, the methodology used, effective 2017, 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. The Department of Commerce is charged only with
performing ministerial computations to determine the dollar amount of
adjustments for inflation to CMPs. Accordingly, prior public notice and
an opportunity for public 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 that 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.
[[Page 95434]]
List of Subjects in 15 CFR Part 6
Law enforcement, Civil monetary penalties.
Dated: December 21, 2016.
Stephen Kunze,
Deputy Chief Financial Officer and Director for Financial Management,
Department of Commerce.
Authority and Issuance
0
For the reasons stated in the preamble, the Department of Commerce
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 2017 Adjustments for inflation to civil monetary penalties.
6.4 Effective date of 2017 adjustments for inflation to civil
monetary penalties.
6.5 Subsequent annual adjustments for inflation to civil monetary
penalties.
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) The Department of Commerce 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 (Department of Commerce).
Sec. 6.3 Adjustments for inflation to civil monetary penalties.
The civil monetary penalties provided by law within the
jurisdiction of the Department of Commerce, as set forth in paragraphs
(a) through (f) of this section, are hereby adjusted for inflation in
2017 in accordance with the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended, from the amounts of such civil
monetary penalties that were in effect as of July 7, 2016, 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 $10,781 to $10,957.
(2) 31 U.S.C. 3802(a)(2), Program Fraud Civil Remedies Act of 1986
(1986), violation, maximum from $10,781 to $10,957.
(3) 31 U.S.C. 3729(a)(1)(G), False Claims Act (1986); violation,
minimum from $10,781 to $10,957; maximum from $21,563 to $21,916.
(b) Bureau of Industry and Security. (1) 15 U.S.C. 5408(b)(1),
Fastener Quality Act (1990), violation, maximum from $44,539 to
$45,268.
(2) 22 U.S.C. 6761(a)(1)(A), Chemical Weapons Convention
Implementation Act (1998), violation, maximum from $36,256 to $36,849.
(3) 22 U.S.C. 6761(a)(l)(B), Chemical Weapons Convention
Implementation Act (1998), violation, maximum from $7,251 to $7,370.
(4) 50 U.S.C. 1705(b), International Emergency Economic Powers Act
(2007), violation, maximum from $284,582 to $289,238.
(5) 22 U.S.C. 8142(a), United States Additional Protocol
Implementation Act (2006), violation, maximum from $29,464 to $29,946.
(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 $1,312 to $1,333; maximum per
violation, from $13,118 to $13,333.
(2) 13 U.S.C. 305(b), Collection of Foreign Trade Statistics
(2002), violation, maximum from $13,118 to $13,333.
(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 $4,454 to $4,527; maximum from
$44,539 to $45,268.
(e) International Trade Administration. (1) 19 U.S.C. 81s, Foreign
Trade Zone (1934), violation, maximum from $2,750 to $2,795.
(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada FTA Protective Order (1988),
violation, maximum from $197,869 to $201,106.
(f) National Oceanic and Atmospheric Administration. (1) 51 U.S.C.
60123(a), Land Remote Sensing Policy Act of 2010 (2010), violation,
maximum from $10,874 to $11,052.
(2) 51 U.S.C. 60148(c), Land Remote Sensing Policy Act of 2010
(2010), violation, maximum from $10,874 to $11,052.
(3) 16 U.S.C. 773f(a), Northern Pacific Halibut Act of 1982 (2007),
violation, maximum from $227,666 to $231,391.
(4) 16 U.S.C. 783, Sponge Act (1914), violation, maximum from
$1,625 to $1,652.
(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 $81,250 to $82,579.
(ii) Subsequent violation of 16 U.S.C. 957(a), maximum from
$175,000 to $177,863.
(iii) Violation of 16 U.S.C. 957(b), maximum from $2,750 to $2,795.
(iv) Subsequent violation of 16 U.S.C. 957(b), maximum from $16,250
to $16,516.
(v) Violation of 16 U.S.C. 957(c), maximum from $350,000 to
$355,726.
(6) 16 U.S.C. 957(i), Tuna Conventions Act of 1950,\1\ violation,
maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\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\ violation,
maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\2\ See footnote 1.
---------------------------------------------------------------------------
(8) 16 U.S.C. 971f(a), Atlantic Tunas Convention Act of 1975,\3\
violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\3\ See footnote 1.
---------------------------------------------------------------------------
(9) 16 U.S.C. 973f(a), South Pacific Tuna Act of 1988 (1988),
violation, maximum from $494,672 to $502,765.
(10) 16 U.S.C. 1174(b), Fur Seal Act Amendments of 1983 (1983),
violation, maximum from $23,548 to $23,933.
(11) 16 U.S.C. 1375(a)(1), Marine Mammal Protection Act of 1972
(1972), violation, maximum from $27,500 to $27,950.
(12) 16 U.S.C. 1385(e), Dolphin Protection Consumer Information
Act,\4\ violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\4\ See footnote 1.
---------------------------------------------------------------------------
(13) 16 U.S.C. 1437(d)(1), National Marine Sanctuaries Act (1992),
violation, maximum from $167,728 to $170,472.
(14) 16 U.S.C. 1540(a)(1), Endangered Species Act of 1973:
[[Page 95435]]
(i) Violation as specified (1988), maximum from $49,467 to $50,276.
(ii) Violation as specified (1988), maximum from $23,744 to
$24,132.
(iii) Otherwise violation (1978), maximum from $1,625 to $1,652.
(15) 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and
Management Act (1990), violation, maximum from $178,156 to $181,071.
(16) 16 U.S.C. 2437(a), Antarctic Marine Living Resources
Convention Act of 1984,\5\ violation, maximum from $178,156 to
$181,071.
---------------------------------------------------------------------------
\5\ See footnote 1.
---------------------------------------------------------------------------
(17) 16 U.S.C. 2465(a), Antarctic Protection Act of 1990,\6\
violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\6\ See footnote 1.
---------------------------------------------------------------------------
(18) 16 U.S.C. 3373(a), Lacey Act Amendments of 1981 (1981):
(i) 16 U.S.C. 3373(a)(1), violation, maximum from $25,464 to
$25,881.
(ii) 16 U.S.C. 3373(a)(2), violation, maximum from $637 to $647.
(19) 16 U.S.C. 3606(b)(1), Atlantic Salmon Convention Act of
1982,\7\ violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\7\ See footnote 1.
---------------------------------------------------------------------------
(20) 16 U.S.C. 3637(b), Pacific Salmon Treaty Act of 1985,\8\
violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\8\ See footnote 1.
---------------------------------------------------------------------------
(21) 16 U.S.C. 4016(b)(1)(B), Fish and Seafood Promotion Act of
1986 (1986); violation, minimum from $1,078 to $1,096; maximum from
$10,781 to $10,957.
(22) 16 U.S.C. 5010, North Pacific Anadromous Stocks Act of
1992,\9\ violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\9\ See footnote 1.
---------------------------------------------------------------------------
(23) 16 U.S.C. 5103(b)(2), Atlantic Coastal Fisheries Cooperative
Management Act,\10\ violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\10\ See footnote 1.
---------------------------------------------------------------------------
(24) 16 U.S.C. 5154(c)(1), Atlantic Striped Bass Conservation
Act,\11\ violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\11\ See footnote 1.
---------------------------------------------------------------------------
(25) 16 U.S.C. 5507(a), High Seas Fishing Compliance Act of 1995
(1995), violation, maximum from $154,742 to $157,274.
(26) 16 U.S.C. 5606(b), Northwest Atlantic Fisheries Convention Act
of 1995,\12\ violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\12\ See footnote 1.
---------------------------------------------------------------------------
(27) 16 U.S.C. 6905(c), Western and Central Pacific Fisheries
Convention Implementation Act,\13\ violation, maximum from $178,156 to
$181,071.
---------------------------------------------------------------------------
\13\ See footnote 1.
---------------------------------------------------------------------------
(28) 16 U.S.C. 7009(c) and (d), Pacific Whiting Act of 2006,\14\
violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\14\ See footnote 1.
---------------------------------------------------------------------------
(29) 22 U.S.C. 1978(e), Fishermen's Protective Act of 1967 (1971):
(i) Violation, maximum from $27,500 to $27,950.
(ii) Subsequent violation, maximum from $81,250 to $82,579.
(30) 30 U.S.C. 1462(a), Deep Seabed Hard Mineral Resources Act
(1980), violation, maximum, from $70,117 to $71,264.
(31) 42 U.S.C. 9152(c), Ocean Thermal Energy Conversion Act of 1980
(1980), violation, maximum from $70,117 to $71,264.
(32) 16 U.S.C. 1827a, Billfish Conservation Act of 2012,\15\
violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\15\ See footnote 1.
---------------------------------------------------------------------------
(33) 16 U.S.C. 7407(b)(1), Port State Measures Agreement Act of
2015,\16\ violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\16\ See footnote 1.
---------------------------------------------------------------------------
(34) 16 U.S.C. 1826g(f), High Seas Driftnet Fishing Moratorium
Protection Act,\17\ violation, maximum from $178,156 to $181,071.
---------------------------------------------------------------------------
\17\ See footnote 1.
---------------------------------------------------------------------------
Sec. 6.4 Effective date of adjustments for inflation to civil
monetary penalties.
The Department of Commerce's 2017 adjustments for inflation made by
Sec. 6.3, of the civil monetary penalties there specified, are
effective on January 15, 2017, and said civil monetary penalties, as
thus adjusted by the adjustments for inflation made by Sec. 6.3, apply
only to those civil monetary penalties, including those whose
associated violation predated such adjustment, which are assessed by
the Department of Commerce 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 January 15, 2017 as provided in Sec. 6.5.
Sec. 6.5 Subsequent annual adjustments for inflation to civil
monetary penalties.
The Secretary of Commerce or his or her designee by regulation
shall make subsequent adjustments for inflation to the Department of
Commerce's civil monetary penalties annually, which shall take effect
not later than January 15, notwithstanding section 553 of title 5,
United States Code.
[FR Doc. 2016-31292 Filed 12-27-16; 8:45 am]
BILLING CODE 3510-DP-P
