Inflation Adjustment of Civil Monetary Penalties, 1304-1305 [2018-00319]
Download as PDF
<![CDATA[
1304
Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations
in such prohibited conduct, and as a
result, we believe that any aggregate
economic impact of these revised
regulations will be minimal, affecting
only those limited few who may engage
in prohibited conduct in violation of the
statute. As such, this final rule and the
inflation adjustment contained therein
should have no effect on Federal or state
expenditures.
The Administrator of General Services
certifies that this final rule will not have
a significant economic impact on a
substantial number of small business
entities. While some penalties may have
an impact on small business entities, it
is the nature of the violation and not the
size of the entity that will result in an
action by the agency, and the aggregate
economic impact of this rulemaking on
small business entities should be
minimal, affecting only those few who
have engaged in prohibited conduct in
violation of statutory intent.
VI. Paperwork Reduction Act
This final rule imposes no new
reporting or recordkeeping requirements
necessitating clearance by OMB.
List of Subject in 41 CFR Part 105–70
Administrative hearing, Claims,
Program fraud.
Dated: January 5, 2018.
Emily W. Murphy,
Administrator.
Accordingly, 41 CFR part 105–70 is
amended as set forth below:
PART 105–70—IMPLEMENTATION OF
THE PROGRAM FRAUD CIVIL
REMEDIES ACT OF 1986
1. The authority citation for part 105–
70 is revised to read as follows:
■
Authority: 40 U.S.C. 121(c); 31 U.S.C.
3809.
*
*
§ 105–70.003
*
*
[Amended]
2. Amend § 105–70.003 by—
■ a. Removing from paragraph (a)(1)(iv)
the amount ‘‘10,781’’ and adding
‘‘11,001’’ in its place; and
■ b. Removing from paragraph (b)(1)(ii)
the amount ‘‘10,781’’ and adding
‘‘11,001’’ in its place.
ethrower on DSK3G9T082PROD with RULES
■
[FR Doc. 2018–00367 Filed 1–10–18; 8:45 am]
BILLING CODE 6820–81–P
VerDate Sep<11>2014
16:45 Jan 10, 2018
Jkt 244001
46 CFR Part 506
[Docket No. 18–01]
RIN 3072–AC70
Inflation Adjustment of Civil Monetary
Penalties
Federal Maritime Commission.
Final rule.
AGENCY:
ACTION:
V. Regulatory Flexibility Act
*
FEDERAL MARITIME COMMISSION
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 15 each year.
DATES: This rule is effective on January
15, 2018.
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,
Sec. 701 of Public Law 11–74. 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 civil monetary penalties under
their jurisdiction by January 15 each
year, based on changes in the consumer
price index (CPI–U) using data from
October in the previous calendar year.
On December 15, 2017, the Office of
Management and Budget published
guidance stating that the CPI–U
multiplier for October 2017 is 1.02041.1
In order to complete the adjustment for
January 2018, agencies must multiply
the most recent civil penalty amounts in
46 CFR part 506.
SUMMARY:
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
1 Office of Management and Budget, M–18–03,
Implementation of Penalty Inflation Adjustments
for 2018, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of
2015, at 1 (Dec. 15, 2017) (M–18–03).
PO 00000
Frm 00016
Fmt 4700
Sfmt 4700
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.2 As noted
above, the 2015 Act requires that the
Commission adjust its civil monetary
penalties no later than January 15 of
each year.
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 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
2 FCPIAA
E:\FR\FM\11JAR1.SGM
section 4(b)(2); M–17–11 at 2.
11JAR1
1305
Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations
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.
2. Amend § 506.4 by revising
paragraph (d) to read as follows:
For the reasons stated in the
preamble, part 506 of title 46 of the
Code of Federal Regulations is amended
as follows:
PART 506—CIVIL MONETARY
PENALTY INFLATION ADJUSTMENT
List of Subjects in 46 CFR Part 506
■
*
1. The authority citation for part 506
continues to read as follows:
■
Administrative practice and
procedure, Penalties.
Authority: 28 U.S.C. 2461.
§ 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 as of
January 15,
2017
United States Code citation
Civil monetary penalty description
46 U.S.C. 42304 ...............
46 U.S.C. 41107(a) ...........
41108(b) ...........
42104 ...............
42106 ...............
42108 ...............
44102 ...............
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
46 U.S.C. 44103 ...............
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
46
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
By the Commission.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2018–00319 Filed 1–10–18; 8:45 am]
BILLING CODE 6731–AA–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 170324313–7999–02]
RIN 0648–BG77
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic
Region; Amendment 41
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS implements
management measures described in
Amendment 41 to the Fishery
Management Plan for the SnapperGrouper Fishery of the South Atlantic
Region (Snapper-Grouper FMP), as
prepared and submitted by the South
Atlantic Fishery Management Council
ethrower on DSK3G9T082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:45 Jan 10, 2018
Jkt 244001
(South Atlantic Council). This final rule
revises commercial and recreational
annual catch limits (ACLs), the
minimum size limit, commercial trip
limits, and the recreational bag limit for
mutton snapper in the South Atlantic
based on the results of the most recent
stock assessment update. The purpose
of this final rule is to ensure that mutton
snapper is managed based on the best
scientific information available to
achieve optimum yield (OY) and to
prevent overfishing, while minimizing
adverse social and economic effects to
the extent practicable.
DATES: This final rule is effective on
February 10, 2018.
ADDRESSES: Electronic copies of
Amendment 41 may be obtained from
www.regulations.gov or the Southeast
Regional Office website at https://https://
sero.nmfs.noaa.gov/sustainable_
fisheries/s_atl/sg/2016/am41/
index.html. Amendment 41 includes an
environmental assessment, regulatory
impact review, Regulatory Flexibility
Act (RFA) analysis, and fishery impact
statement.
FOR FURTHER INFORMATION CONTACT:
Mary Vara, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: mary.vara@noaa.gov.
SUPPLEMENTARY INFORMATION: The
snapper-grouper fishery in the South
Atlantic region includes mutton snapper
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
Maximum
penalty
as of
January 15,
2018
2,011,061
57,391
2,052,107
58,562
11,478
11,712
114,782
9,054
1,810,706
90,535
22,868
762
22,868
762
10,957
10,957
117,125
9,239
1,847,663
92,383
23,335
778
23,335
778
11,181
11,181
and is managed under the SnapperGrouper FMP. The Snapper-Grouper
FMP was prepared by the South
Atlantic Council and is implemented by
NMFS through regulations at 50 CFR
part 622 under the authority of the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act).
On September 26, 2017, NMFS
published the notice of availability for
Amendment 41 in the Federal Register
and requested public comment (82 FR
44756). On October 24, 2017, NMFS
published a proposed rule for
Amendment 41 in the Federal Register
and requested public comment (82 FR
49167). Amendment 41 and the
proposed rule outline the rationale for
the actions contained in this final rule.
A summary of the management
measures described in Amendment 41
and implemented by this final rule is
provided below.
Management Measures Contained in
This Final Rule
This final rule revises the mutton
snapper ACLs for the commercial and
recreational sectors in the South
Atlantic, increases the minimum size
limit for mutton snapper in the
commercial and recreational sectors,
and modifies the commercial trip limit
and the recreational bag limit. Unless
E:\FR\FM\11JAR1.SGM
11JAR1
]]>Agencies
[Federal Register Volume 83, Number 8 (Thursday, January 11, 2018)]
[Rules and Regulations]
[Pages 1304-1305]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00319]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 18-01]
RIN 3072-AC70
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 15 each
year.
DATES: This rule is effective on January 15, 2018.
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, Sec. 701 of Public Law 11-
74. 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 civil monetary penalties
under their jurisdiction by January 15 each year, based on changes in
the consumer price index (CPI-U) using data from October in the
previous calendar year. On December 15, 2017, the Office of Management
and Budget published guidance stating that the CPI-U multiplier for
October 2017 is 1.02041.\1\ In order to complete the adjustment for
January 2018, agencies must multiply the most recent civil penalty
amounts in 46 CFR part 506.
---------------------------------------------------------------------------
\1\ Office of Management and Budget, M-18-03, Implementation of
Penalty Inflation Adjustments for 2018, Pursuant to the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015,
at 1 (Dec. 15, 2017) (M-18-03).
---------------------------------------------------------------------------
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.\2\ As noted above, the
2015 Act requires that the Commission adjust its civil monetary
penalties no later than January 15 of each year.
---------------------------------------------------------------------------
\2\ FCPIAA section 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
[[Page 1305]]
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:
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 Maximum
penalty amount penalty as of
United States Code citation Civil monetary penalty description as of January January 15,
15, 2017 2018
----------------------------------------------------------------------------------------------------------------
46 U.S.C. 42304....................... Adverse impact on U.S. carriers by 2,011,061 2,052,107
foreign shipping practices.
46 U.S.C. 41107(a).................... Knowing and Willful violation/Shipping 57,391 58,562
Act of 1984, or Commission regulation
or order.
46 U.S.C. 41107(b).................... Violation of Shipping Act of 1984, 11,478 11,712
Commission regulation or order, not
knowing and willful.
46 U.S.C. 41108(b).................... Operating in foreign commerce after 114,782 117,125
tariff suspension.
46 U.S.C. 42104....................... Failure to provide required reports, 9,054 9,239
etc./Merchant Marine Act of 1920.
46 U.S.C. 42106....................... Adverse shipping conditions/Merchant 1,810,706 1,847,663
Marine Act of 1920.
46 U.S.C. 42108....................... Operating after tariff or service 90,535 92,383
contract suspension/Merchant Marine Act
of 1920.
46 U.S.C. 44102....................... Failure to establish financial 22,868 23,335
responsibility for non-performance of 762 778
transportation.
46 U.S.C. 44103....................... Failure to establish financial 22,868 23,335
responsibility for death or injury. 762 778
31 U.S.C. 3802(a)(1).................. Program Fraud Civil Remedies Act/makes 10,957 11,181
false claim.
31 U.S.C. 3802(a)(2).................. Program Fraud Civil Remedies Act/giving 10,957 11,181
false statement.
----------------------------------------------------------------------------------------------------------------
By the Commission.
Rachel E. Dickon,
Assistant Secretary.
[FR Doc. 2018-00319 Filed 1-10-18; 8:45 am]
BILLING CODE 6731-AA-P
