Civil Penalties, 4172-4173 [2016-32050]

Download as PDF 4172 Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Rules and Regulations based paint management requirements under this part throughout the 12 months preceding the date the owner received the environmental investigation report pursuant to paragraph (a) of this section; and, (iii) In either case, the owner provided the HUD field office, within 10 business days after receiving the notification of the elevated blood lead level, documentation that it has conducted the activities described in this paragraph (f)(3). (g) Data collection and record keeping responsibilities. At least quarterly, the designated party shall attempt to obtain from the public health department(s) with area(s) of jurisdiction similar to that of the designated party the names and/or addresses of children of less than 6 years of age with an identified elevated blood lead level. At least quarterly, the designated party shall also report an updated list of the addresses of units receiving assistance under a tenant-based rental assistance program to the same public health department(s), except that the report(s) to the public health department(s) is not required if the health department states that it does not wish to receive such report. If it obtains names and addresses of elevated blood lead level children from the public health department(s), the designated party shall match information on cases of elevated blood lead levels with the names and addresses of families receiving tenantbased rental assistance, unless the public health department performs such a matching procedure. If a match occurs, the designated party shall carry out the requirements of this section. 16. Revise § 35.1330(a)(4)(iii) to read as follows: ■ § 35.1330 Interim controls. asabaliauskas on DSK3SPTVN1PROD with RULES (a) * * * (4) * * * (iii) A renovator course accredited in accordance with 40 CFR 745.225. * * * * * Dated: December 14, 2016. Nani Coloretti, Deputy Secretary. [FR Doc. 2017–00261 Filed 1–12–17; 8:45 am] BILLING CODE 4210–67–P VerDate Sep<11>2014 16:00 Jan 12, 2017 Jkt 241001 DEPARTMENT OF TRANSPORTATION Saint Lawrence Seaway Development Corporation 33 CFR Part 401 RIN 2135–AA40 Civil Penalties Saint Lawrence Seaway Development Corporation (SLSDC), Department of Transportation (DOT). ACTION: Final rule. AGENCY: This final rule updates the maximum civil penalty amounts for violations of statutes and regulations administered by SLSDC pursuant to the Federal Civil Penalties Inflation Adjustment Improvement Act of 2015. This final rule amends our regulations to reflect the new civil penalty amounts for violations of the Seaway Regulations and Rules under the authority of the Ports and Waterways Safety Act of 1972, as amended (PWSA). DATES: This rule is effective on January 15, 2017. FOR FURTHER INFORMATION CONTACT: Carrie Lavigne, Chief Counsel, SLSDC, telephone (315) 764–3231, 180 Andrews Street, Massena, NY 13362. SUPPLEMENTARY INFORMATION: SUMMARY: Background On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Improvement Act (the 2015 Act), Public Law 114–74, was signed into law. The purpose of the 2015 Act is to improve the effectiveness of civil monetary penalties (CMPs) and to maintain their deterrent effect. The 2015 Act required agencies to make an initial catch up adjustment to the CMPs they administer through an interim final rule and then to make subsequent annual adjustments for inflation that shall take effect not later than January 15. The initial catch up adjustments for inflation to the SLSDC’s CMP was published in the Federal Register on June 28, 2016 and as required, did not exceed 150 percent of the amount of the CMP on the date of enactment of the Federal Civil Penalties Inflation Adjustment Act of 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 in inflation to CMPs apply only to CMPs with a dollar amount. The SLSDC’s 2017 adjustments for inflation to the CMP set forth in this regulation were determined pursuant to PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 the revised methodology prescribed by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires the maximum CMP to be increased by the cost-ofliving adjustment. The term ‘‘cost-ofliving adjustment’’ is defined by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. For the 2017 adjustments for inflation to CMPs, 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 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 SLSDC is charged only with performing ministerial computations to determine the dollar amount of adjustments for inflation to CMPs. Accordingly, prior public notice and opportunity for public comment are not required for this rule. Regulatory Analysis E.O. 12866, Regulatory Review SLSDC has considered the impact of this rulemaking action under Executive Order 12866, Executive Order 13563, and the Department of Transportation’s regulatory policies and procedures. This rulemaking document was not reviewed under Executive Order 12866 or Executive Order 13563. This action is limited to the adoption of adjustments of civil penalties under statutes that the agency enforces, and has been determined to be not ‘‘significant’’ under the Department of Transportation’s regulatory policies and procedures and the policies of the Office of Management and Budget. Because this rulemaking does not change the number of entities that are subject to civil penalties, the impacts are limited. We also do not expect the increase in the civil penalty amount in 33 CFR 401.102 to be economically significant. Since January 1, 2010 to the present, the SLSDC assessed a total of approximately $27,000 in civil fines and penalties. E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 82, No. 9 / Friday, January 13, 2017 / Rules and Regulations Thus, increasing the current civil penalty amount would not result in an annual effect on the economy of $100 million or more. Regulatory Flexibility Act We have also considered the impacts of this notice under the Regulatory Flexibility Act. I certify that this rule will not have a significant economic impact on a substantial number of small entities. The following provides the factual basis for this certification under 5 U.S.C. 605(b). The St. Lawrence Seaway Regulations and Rules primarily relate to the activities of commercial users of the Seaway, the vast majority of whom are foreign vessel operators. Therefore, any resulting costs will be borne mostly by foreign vessels. asabaliauskas on DSK3SPTVN1PROD with RULES Executive Order 13132 (Federalism) Executive Order 13132 requires SLSDC to develop an accountable process to ensure ‘‘meaningful and timely input by State and local officials in the development of regulatory policies that have federalism implications.’’ ‘‘Policies that have federalism implications’’ is defined in the Executive Order to include regulations that have ‘‘substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.’’ Under Executive Order 13132, the agency may not issue a regulation with Federalism implications, that imposes substantial direct compliance costs, and that is not required by statute, unless the Federal government provides the funds necessary to pay the direct compliance costs incurred by State and local governments, the agency consults with State and local governments, or the agency consults with State and local officials early in the process of developing the proposed regulation. This rule will not have substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government, as specified in Executive Order 13132. The reason is that this rule will generally apply to commercial users of the Seaway, the vast majority of whom are foreign vessel operators. Therefore, any resulting costs will be borne mostly by foreign vessels. Thus, the requirements of Section 6 of the Executive Order do not apply. VerDate Sep<11>2014 16:00 Jan 12, 2017 Jkt 241001 Unfunded Mandates Reform Act of 1995 The Unfunded Mandates Reform Act of 1995, Public Law 104–4, requires agencies to prepare a written assessment of the cost, benefits and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or tribal governments, in the aggregate, or by the private sector, of more than $100 million annually. Because this rule will not have a $100 million effect, no Unfunded Mandates assessment will be prepared. Executive Order 12778 (Civil Justice Reform) This rule does not have a retroactive or preemptive effect. Judicial review of a rule based on this proposal may be obtained pursuant to 5 U.S.C. 702. That section does not require that a petition for reconsideration be filed prior to seeking judicial review. § 401.101 Criminal penalty. (a) A person, as described in § 401.101(b) who violates a regulation is liable to a civil penalty of not more than $90,063. * * * * * Issued on December 30, 2016. Carrie Lavigne, Chief Counsel. [FR Doc. 2016–32050 Filed 1–12–17; 8:45 am] BILLING CODE 4910–61–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Part 3 RIN 2900–AP66 Diseases Associated With Exposure to Contaminants in the Water Supply at Camp Lejeune Department of Veterans Affairs. Final rule. AGENCY: Paperwork Reduction Act ACTION: In accordance with the Paperwork Reduction Act of 1980, we state that there are no requirements for information collection associated with this rulemaking action. SUMMARY: Privacy Act Please note that anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477– 78), or you may visit http://dms.dot.gov. List of Subjects in 33 CFR Part 401 Hazardous materials transportation, Navigation (water), Penalties, Radio, Reporting and recordkeeping requirements, Vessels, Waterways. Accordingly, the Saint Lawrence Seaway Development Corporation is amending 33 CFR part 401 as follows: PART 401—SEAWAY REGULATIONS AND RULES Subpart A—Regulations 1. The authority citation for subpart A of part 401 is amended to read as follows: ■ Authority: 33 U.S.C. 981–990, 1231 and 1232, 49 CFR 1.52, unless otherwise noted. 2. In § 401.102, paragraph (a) is revised to read as follows: ■ PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 4173 The Department of Veterans Affairs (VA) amends its adjudication regulations regarding presumptive service connection, adding certain diseases associated with contaminants present in the base water supply at U.S. Marine Corps Base Camp Lejeune (Camp Lejeune), North Carolina, from August 1, 1953, to December 31, 1987. This final rule establishes that veterans, former reservists, and former National Guard members, who served at Camp Lejeune for no less than 30 days (consecutive or nonconsecutive) during this period, and who have been diagnosed with any of eight associated diseases, are presumed to have incurred or aggravated the disease in service for purposes of entitlement to VA benefits. In addition, this final rule establishes a presumption that these individuals were disabled during the relevant period of service for purposes of establishing active military service for benefits purposes. Under this presumption, affected former reservists and National Guard members have veteran status for purposes of entitlement to some VA benefits. This amendment implements a decision by the Secretary of Veterans Affairs that service connection on a presumptive basis is warranted for claimants who served at Camp Lejeune during the relevant period and for the requisite amount of time and later develop certain diseases. DATES: Effective Date: This final rule is effective March 14, 2017. FOR FURTHER INFORMATION CONTACT: Eric Mandle, Policy Analyst, Regulations Staff (211D), Compensation Service, E:\FR\FM\13JAR1.SGM 13JAR1

Agencies

[Federal Register Volume 82, Number 9 (Friday, January 13, 2017)]
[Rules and Regulations]
[Pages 4172-4173]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-32050]


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DEPARTMENT OF TRANSPORTATION

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

RIN 2135-AA40


Civil Penalties

AGENCY: Saint Lawrence Seaway Development Corporation (SLSDC), 
Department of Transportation (DOT).

ACTION: Final rule.

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SUMMARY: This final rule updates the maximum civil penalty amounts for 
violations of statutes and regulations administered by SLSDC pursuant 
to the Federal Civil Penalties Inflation Adjustment Improvement Act of 
2015. This final rule amends our regulations to reflect the new civil 
penalty amounts for violations of the Seaway Regulations and Rules 
under the authority of the Ports and Waterways Safety Act of 1972, as 
amended (PWSA).

DATES: This rule is effective on January 15, 2017.

FOR FURTHER INFORMATION CONTACT:  Carrie Lavigne, Chief Counsel, SLSDC, 
telephone (315) 764-3231, 180 Andrews Street, Massena, NY 13362.

SUPPLEMENTARY INFORMATION: 

Background

    On November 2, 2015, the Federal Civil Penalties Inflation 
Adjustment Improvement Act (the 2015 Act), Public Law 114-74, was 
signed into law. The purpose of the 2015 Act is to improve the 
effectiveness of civil monetary penalties (CMPs) and to maintain their 
deterrent effect. The 2015 Act required agencies to make an initial 
catch up adjustment to the CMPs they administer through an interim 
final rule and then to make subsequent annual adjustments for inflation 
that shall take effect not later than January 15. The initial catch up 
adjustments for inflation to the SLSDC's CMP was published in the 
Federal Register on June 28, 2016 and as required, did not exceed 150 
percent of the amount of the CMP on the date of enactment of the 
Federal Civil Penalties Inflation Adjustment Act of 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 in 
inflation to CMPs apply only to CMPs with a dollar amount.
    The SLSDC's 2017 adjustments for inflation to the CMP 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 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 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 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 SLSDC is charged only with performing ministerial 
computations to determine the dollar amount of adjustments for 
inflation to CMPs. Accordingly, prior public notice and opportunity for 
public comment are not required for this rule.

Regulatory Analysis

E.O. 12866, Regulatory Review

    SLSDC has considered the impact of this rulemaking action under 
Executive Order 12866, Executive Order 13563, and the Department of 
Transportation's regulatory policies and procedures. This rulemaking 
document was not reviewed under Executive Order 12866 or Executive 
Order 13563. This action is limited to the adoption of adjustments of 
civil penalties under statutes that the agency enforces, and has been 
determined to be not ``significant'' under the Department of 
Transportation's regulatory policies and procedures and the policies of 
the Office of Management and Budget. Because this rulemaking does not 
change the number of entities that are subject to civil penalties, the 
impacts are limited.
    We also do not expect the increase in the civil penalty amount in 
33 CFR 401.102 to be economically significant. Since January 1, 2010 to 
the present, the SLSDC assessed a total of approximately $27,000 in 
civil fines and penalties.

[[Page 4173]]

Thus, increasing the current civil penalty amount would not result in 
an annual effect on the economy of $100 million or more.

Regulatory Flexibility Act

    We have also considered the impacts of this notice under the 
Regulatory Flexibility Act. I certify that this rule will not have a 
significant economic impact on a substantial number of small entities. 
The following provides the factual basis for this certification under 5 
U.S.C. 605(b). The St. Lawrence Seaway Regulations and Rules primarily 
relate to the activities of commercial users of the Seaway, the vast 
majority of whom are foreign vessel operators. Therefore, any resulting 
costs will be borne mostly by foreign vessels.

Executive Order 13132 (Federalism)

    Executive Order 13132 requires SLSDC to develop an accountable 
process to ensure ``meaningful and timely input by State and local 
officials in the development of regulatory policies that have 
federalism implications.'' ``Policies that have federalism 
implications'' is defined in the Executive Order to include regulations 
that have ``substantial direct effects on the States, on the 
relationship between the national government and the States, or on the 
distribution of power and responsibilities among the various levels of 
government.'' Under Executive Order 13132, the agency may not issue a 
regulation with Federalism implications, that imposes substantial 
direct compliance costs, and that is not required by statute, unless 
the Federal government provides the funds necessary to pay the direct 
compliance costs incurred by State and local governments, the agency 
consults with State and local governments, or the agency consults with 
State and local officials early in the process of developing the 
proposed regulation.
    This rule will not have substantial direct effects on the States, 
on the relationship between the national government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government, as specified in Executive Order 13132.
    The reason is that this rule will generally apply to commercial 
users of the Seaway, the vast majority of whom are foreign vessel 
operators. Therefore, any resulting costs will be borne mostly by 
foreign vessels. Thus, the requirements of Section 6 of the Executive 
Order do not apply.

Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995, Public Law 104-4, 
requires agencies to prepare a written assessment of the cost, benefits 
and other effects of proposed or final rules that include a Federal 
mandate likely to result in the expenditure by State, local, or tribal 
governments, in the aggregate, or by the private sector, of more than 
$100 million annually. Because this rule will not have a $100 million 
effect, no Unfunded Mandates assessment will be prepared.

Executive Order 12778 (Civil Justice Reform)

    This rule does not have a retroactive or preemptive effect. 
Judicial review of a rule based on this proposal may be obtained 
pursuant to 5 U.S.C. 702. That section does not require that a petition 
for reconsideration be filed prior to seeking judicial review.

Paperwork Reduction Act

    In accordance with the Paperwork Reduction Act of 1980, we state 
that there are no requirements for information collection associated 
with this rulemaking action.

Privacy Act

    Please note that anyone is able to search the electronic form of 
all comments received into any of our dockets by the name of the 
individual submitting the comment (or signing the comment, if submitted 
on behalf of an association, business, labor union, etc.). You may 
review DOT's complete Privacy Act Statement in the Federal Register 
published on April 11, 2000 (Volume 65, Number 70; Pages 19477-78), or 
you may visit http://dms.dot.gov.

List of Subjects in 33 CFR Part 401

    Hazardous materials transportation, Navigation (water), Penalties, 
Radio, Reporting and recordkeeping requirements, Vessels, Waterways.

    Accordingly, the Saint Lawrence Seaway Development Corporation is 
amending 33 CFR part 401 as follows:

PART 401--SEAWAY REGULATIONS AND RULES

Subpart A--Regulations

0
1. The authority citation for subpart A of part 401 is amended to read 
as follows:

    Authority:  33 U.S.C. 981-990, 1231 and 1232, 49 CFR 1.52, 
unless otherwise noted.


0
2. In Sec.  401.102, paragraph (a) is revised to read as follows:


Sec.  401.101  Criminal penalty.

    (a) A person, as described in Sec.  401.101(b) who violates a 
regulation is liable to a civil penalty of not more than $90,063.
* * * * *

    Issued on December 30, 2016.
 Carrie Lavigne,
 Chief Counsel.
[FR Doc. 2016-32050 Filed 1-12-17; 8:45 am]
 BILLING CODE 4910-61-P