Inflation Adjustment of Civil Monetary Penalties, 10719-10720 [2017-00271]
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Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations
2017 from the Assistant to the President
and Chief of Staff entitled ‘‘Regulatory
Freeze Pending Review.’’
DATES: The effective date of the final
rule amending 42 CFR parts 70 and 71
published January 19, 2017 (82 FR 6890)
is delayed to March 21, 2017.
FOR FURTHER INFORMATION CONTACT:
Martin S. Cetron, M.D., Director,
Division of Global Migration and
Quarantine, Centers for Disease Control
and Prevention, 1600 Clifton Road NE.,
MS E–03, Atlanta, Georgia, 30329.
Phone: (404) 498–1600. Email:
dgmqpolicyoffice@cdc.gov.
SUPPLEMENTARY INFORMATION: On
January 19, 2017, HHS/CDC published a
final rule titled ‘‘Control of
Communicable Diseases’’ (82 FR 6890)
with an effective date of February 21,
2017. With this document, HHS/CDC
announces a new effective date for this
final rule of March 21, 2017.
HHS/CDC bases this action on the
Presidential directive expressed in the
memorandum of January 20, 2017 from
the Assistant to the President and Chief
of Staff entitled ‘‘Regulatory Freeze
Pending Review.’’ This memorandum
directed the heads of Executive
Departments and Agencies to
temporarily postpone for sixty days
from the date of the memorandum the
effective dates of all regulations that had
been published in the Federal Register
but had not yet taken effect.
FOR FURTHER INFORMATION CONTACT:
Tyler Wood, General Counsel, Federal
Maritime Commission, 800 North
Capitol Street NW., Room 1018,
Washington, DC 20573, (202) 523–5740.
SUPPLEMENTARY INFORMATION: This rule
adjusts the civil monetary penalties
assessable by the Commission in
accordance with the 2015 Act, which
became effective on November 2, 2015.
The 2015 Act further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (FCPIAA),
Public Law 101–410, 104 Stat. 890
(codified as amended at 28 U.S.C. 2461
note), in order to improve the
effectiveness of civil monetary penalties
and to maintain their deterrent effect.
The 2015 Act requires agencies to
adjust CMPs under their jurisdiction by
January 15, 2017, based on changes in
the consumer price index (CPI–U) using
data from October in the previous
calendar year. On December 16, 2016,
Office of Management and Budget
published guidance stating that the CPI–
U multiplier for October 2016 is
1.01636.1 In order to complete the
adjustment for January 2017, agencies
must multiply the most recent civil
penalty amounts in 46 CFR part 506,
i.e., those that include the catch-up
adjustment required by the 2015 Act by
1.01636.2 For the Commission, this
means applying the multiplier to the
penalty amounts set forth in the
Commission’s June 30, 2016 interim
final rule, which went into effect on
August 1, 2016.3
Dated: February 9, 2017.
Norris Cochran,
Acting Secretary, Department of Health and
Human Services.
Rulemaking Analyses and Notices
[FR Doc. 2017–03042 Filed 2–14–17; 8:45 am]
Notice and Effective Date
BILLING CODE 4163–18–P
Adjustments under the FCPIAA, as
amended by the 2015 Act, are not
subject to the procedural rulemaking
requirements of the Administrative
Procedure Act (APA) (5 U.S.C. 553),
including the requirements for prior
notice, an opportunity for comment, and
a delay between the issuance of a final
rule and its effective date.4 As noted
above, the 2015 Act requires that the
Commission adjust its CMPs no later
than January 15 of each year.
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 17–01]
RIN 3072–4C67
Inflation Adjustment of Civil Monetary
Penalties
Federal Maritime Commission.
Final rule.
AGENCY:
ACTION:
The Commission is
publishing its adjustments to inflation
annually, pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (2015 Act).
The 2015 Act requires that agencies
adjust and publish their civil penalties
by January 15th each year.
DATES: This rule is effective on February
15, 2017, and is applicable beginning
January 15, 2017.
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SUMMARY:
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16:57 Feb 14, 2017
Jkt 241001
Congressional Review Act
The rule is not a ‘‘major rule’’ as
defined by the Congressional Review
Act, codified at 5 U.S.C. 801 et seq. The
rule will not result in: (1) An annual
1 Office
of Management and Budget, M–17–11,
Implementation of the 2017 annual adjustment
pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, at 1
(Dec. 16, 2016) (M–17–11).
2 Id. at 2–3.
3 81 FR 42552.
4 FCPIAA § 4(b)(2); M–17–11 at 2.
PO 00000
Frm 00019
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10719
effect on the economy of $100,000,000
or more; (2) a major increase in costs or
prices; or (3) significant adverse effects
on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
companies to compete with foreignbased companies. 5 U.S.C. 804(2).
Regulatory Flexibility Act
The Regulatory Flexibility Act
(codified as amended at 5 U.S.C. 601–
612) provides that whenever an agency
promulgates a final rule after being
required to publish a notice of proposed
rulemaking under the APA (5 U.S.C.
553), the agency must prepare and make
available a final regulatory flexibility
analysis (FRFA) describing the impact
of the rule on small entities. 5 U.S.C.
604. As indicated above, this final rule
is not subject to the APA’s notice and
comment requirements, and the
Commission is not required to prepare
an FRFA in conjunction with this final
rule.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995
(44 U.S.C. 3501–3521) requires an
agency to seek and receive approval
from the Office of Management and
Budget (OMB) before collecting
information from the public. 44 U.S.C.
3507. The agency must submit
collections of information in rules to
OMB in conjunction with the
publication of the notice of proposed
rulemaking. 5 CFR 1320.11. This final
rule does not contain any collections of
information, as defined by 44 U.S.C.
3502(3) and 5 CFR 1320.3(c).
Regulation Identifier Number
The Commission assigns a regulation
identifier number (RIN) to each
regulatory action listed in the Unified
Agenda of Federal Regulatory and
Deregulatory Actions (Unified Agenda).
The Regulatory Information Service
Center publishes the Unified Agenda in
April and October of each year. You
may use the RIN contained in the
heading at the beginning of this
document to find this action in the
Unified Agenda, available at https://
www.reginfo.gov/public/do/
eAgendaMain.
List of Subjects in 46 CFR Part 506
Administrative practice and
procedure, Penalties.
For the reasons stated in the
preamble, Part 506 of title 46 of the
Code of Federal Regulations is amended
as follows:
E:\FR\FM\15FER1.SGM
15FER1
10720
Federal Register / Vol. 82, No. 30 / Wednesday, February 15, 2017 / Rules and Regulations
2. Amend § 506.4 by revising
paragraph (d) to read as follows:
PART 506—CIVIL MONETARY
PENALTY INFLATION ADJUSTMENT
■
1. The authority citation for part 506
continues to read as follows:
§ 506.4 Cost of living adjustments of civil
monetary penalties.
■
*
Authority: 28 U.S.C. 2461.
*
*
*
*
(d) Inflation adjustment. Maximum
Civil Monetary Penalties within the
jurisdiction of the Federal Maritime
Commission are adjusted for inflation as
follows:
Maximum
penalty
amount prior
to January
15, 2017
United States code citation
Civil monetary penalty description
46 U.S.C. 42304 ..............................
46 U.S.C. 41107(a) ..........................
46 U.S.C. 44103 ..............................
Adverse impact on U.S. carriers by foreign shipping practices ................
Knowing and Willful violation/Shipping Act of 1984, or Commission regulation or order.
Violation of Shipping Act of 1984, Commission regulation or order, not
knowing and willful.
Operating in foreign commerce after tariff suspension .............................
Failure to provide required reports, etc./Merchant Marine Act of 1920 ....
Adverse shipping conditions/Merchant Marine Act of 1920 .....................
Operating after tariff or service contract suspension/Merchant Marine
Act of 1920.
Failure to establish financial responsibility for non-performance of transportation.
Failure to establish financial responsibility for death or injury ..................
31 U.S.C. 3802(a)(1) .......................
31 U.S.C. 3802(a)(2) .......................
Program Fraud Civil Remedies Act/makes false claim ............................
Program Fraud Civil Remedies Act/giving false statement ......................
46 U.S.C. 41107(b) ..........................
46
46
46
46
U.S.C.
U.S.C.
U.S.C.
U.S.C.
41108(b) ..........................
42104 ..............................
42106 ..............................
42108 ..............................
46 U.S.C. 44102 ..............................
By the Commission.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2017–00271 Filed 2–14–17; 8:45 am]
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16:57 Feb 14, 2017
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15FER1
Maximum
penalty
as of January
15, 2017
1,978,690
56,467
2,011,061
57,391
11,293
11,478
112,934
8,908
1,781,560
89,078
114,782
9,054
1,810,706
90,535
22,500
750
22,500
750
10,781
10,781
22,868
762
22,868
762
10,957
10,957
]]>Agencies
[Federal Register Volume 82, Number 30 (Wednesday, February 15, 2017)]
[Rules and Regulations]
[Pages 10719-10720]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00271]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 17-01]
RIN 3072-4C67
Inflation Adjustment of Civil Monetary Penalties
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Commission is publishing its adjustments to inflation
annually, pursuant to the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015 (2015 Act). The 2015 Act requires that
agencies adjust and publish their civil penalties by January 15th each
year.
DATES: This rule is effective on February 15, 2017, and is applicable
beginning January 15, 2017.
FOR FURTHER INFORMATION CONTACT: Tyler Wood, General Counsel, Federal
Maritime Commission, 800 North Capitol Street NW., Room 1018,
Washington, DC 20573, (202) 523-5740.
SUPPLEMENTARY INFORMATION: This rule adjusts the civil monetary
penalties assessable by the Commission in accordance with the 2015 Act,
which became effective on November 2, 2015. The 2015 Act further
amended the Federal Civil Penalties Inflation Adjustment Act of 1990
(FCPIAA), Public Law 101-410, 104 Stat. 890 (codified as amended at 28
U.S.C. 2461 note), in order to improve the effectiveness of civil
monetary penalties and to maintain their deterrent effect.
The 2015 Act requires agencies to adjust CMPs under their
jurisdiction by January 15, 2017, based on changes in the consumer
price index (CPI-U) using data from October in the previous calendar
year. On December 16, 2016, Office of Management and Budget published
guidance stating that the CPI-U multiplier for October 2016 is
1.01636.\1\ In order to complete the adjustment for January 2017,
agencies must multiply the most recent civil penalty amounts in 46 CFR
part 506, i.e., those that include the catch-up adjustment required by
the 2015 Act by 1.01636.\2\ For the Commission, this means applying the
multiplier to the penalty amounts set forth in the Commission's June
30, 2016 interim final rule, which went into effect on August 1,
2016.\3\
---------------------------------------------------------------------------
\1\ Office of Management and Budget, M-17-11, Implementation of
the 2017 annual adjustment pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, at 1 (Dec. 16,
2016) (M-17-11).
\2\ Id. at 2-3.
\3\ 81 FR 42552.
---------------------------------------------------------------------------
Rulemaking Analyses and Notices
Notice and Effective Date
Adjustments under the FCPIAA, as amended by the 2015 Act, are not
subject to the procedural rulemaking requirements of the Administrative
Procedure Act (APA) (5 U.S.C. 553), including the requirements for
prior notice, an opportunity for comment, and a delay between the
issuance of a final rule and its effective date.\4\ As noted above, the
2015 Act requires that the Commission adjust its CMPs no later than
January 15 of each year.
---------------------------------------------------------------------------
\4\ FCPIAA Sec. 4(b)(2); M-17-11 at 2.
---------------------------------------------------------------------------
Congressional Review Act
The rule is not a ``major rule'' as defined by the Congressional
Review Act, codified at 5 U.S.C. 801 et seq. The rule will not result
in: (1) An annual effect on the economy of $100,000,000 or more; (2) a
major increase in costs or prices; or (3) significant adverse effects
on competition, employment, investment, productivity, innovation, or
the ability of United States-based companies to compete with foreign-
based companies. 5 U.S.C. 804(2).
Regulatory Flexibility Act
The Regulatory Flexibility Act (codified as amended at 5 U.S.C.
601-612) provides that whenever an agency promulgates a final rule
after being required to publish a notice of proposed rulemaking under
the APA (5 U.S.C. 553), the agency must prepare and make available a
final regulatory flexibility analysis (FRFA) describing the impact of
the rule on small entities. 5 U.S.C. 604. As indicated above, this
final rule is not subject to the APA's notice and comment requirements,
and the Commission is not required to prepare an FRFA in conjunction
with this final rule.
Paperwork Reduction Act
The Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3521) requires
an agency to seek and receive approval from the Office of Management
and Budget (OMB) before collecting information from the public. 44
U.S.C. 3507. The agency must submit collections of information in rules
to OMB in conjunction with the publication of the notice of proposed
rulemaking. 5 CFR 1320.11. This final rule does not contain any
collections of information, as defined by 44 U.S.C. 3502(3) and 5 CFR
1320.3(c).
Regulation Identifier Number
The Commission assigns a regulation identifier number (RIN) to each
regulatory action listed in the Unified Agenda of Federal Regulatory
and Deregulatory Actions (Unified Agenda). The Regulatory Information
Service Center publishes the Unified Agenda in April and October of
each year. You may use the RIN contained in the heading at the
beginning of this document to find this action in the Unified Agenda,
available at https://www.reginfo.gov/public/do/eAgendaMain.
List of Subjects in 46 CFR Part 506
Administrative practice and procedure, Penalties.
For the reasons stated in the preamble, Part 506 of title 46 of the
Code of Federal Regulations is amended as follows:
[[Page 10720]]
PART 506--CIVIL MONETARY PENALTY INFLATION ADJUSTMENT
0
1. The authority citation for part 506 continues to read as follows:
Authority: 28 U.S.C. 2461.
0
2. Amend Sec. 506.4 by revising paragraph (d) to read as follows:
Sec. 506.4 Cost of living adjustments of civil monetary penalties.
* * * * *
(d) Inflation adjustment. Maximum Civil Monetary Penalties within
the jurisdiction of the Federal Maritime Commission are adjusted for
inflation as follows:
----------------------------------------------------------------------------------------------------------------
Maximum
penalty amount Maximum
United States code citation Civil monetary penalty description prior to penalty as of
January 15, January 15,
2017 2017
----------------------------------------------------------------------------------------------------------------
46 U.S.C. 42304............................ Adverse impact on U.S. carriers by 1,978,690 2,011,061
foreign shipping practices.
46 U.S.C. 41107(a)......................... Knowing and Willful violation/ 56,467 57,391
Shipping Act of 1984, or
Commission regulation or order.
46 U.S.C. 41107(b)......................... Violation of Shipping Act of 1984, 11,293 11,478
Commission regulation or order,
not knowing and willful.
46 U.S.C. 41108(b)......................... Operating in foreign commerce after 112,934 114,782
tariff suspension.
46 U.S.C. 42104............................ Failure to provide required 8,908 9,054
reports, etc./Merchant Marine Act
of 1920.
46 U.S.C. 42106............................ Adverse shipping conditions/ 1,781,560 1,810,706
Merchant Marine Act of 1920.
46 U.S.C. 42108............................ Operating after tariff or service 89,078 90,535
contract suspension/Merchant
Marine Act of 1920.
46 U.S.C. 44102............................ Failure to establish financial 22,500 22,868
responsibility for non-performance 750 762
of transportation.
46 U.S.C. 44103............................ Failure to establish financial 22,500 22,868
responsibility for death or injury. 750 762
31 U.S.C. 3802(a)(1)....................... Program Fraud Civil Remedies Act/ 10,781 10,957
makes false claim.
31 U.S.C. 3802(a)(2)....................... Program Fraud Civil Remedies Act/ 10,781 10,957
giving false statement.
----------------------------------------------------------------------------------------------------------------
By the Commission.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2017-00271 Filed 2-14-17; 8:45 am]
BILLING CODE P
