Annual Adjustment of Civil Monetary Penalties To Reflect Inflation, 4600-4601 [2018-01990]

Download as PDF 4600 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations Upon filing a motion or response to a motion by facsimile, the sender must, within one business day, submit the original copy to the Clerk of the Environmental Appeals Board either electronically, by mail, or by hand delivery or courier. The Environmental Appeals Board may by order require filing by facsimile or the Board’s electronic filing system, subject to any appropriate conditions and limitations. * * * * * (iii) Filing by hand delivery or courier. Documents delivered by hand or courier (including deliveries by U.S. Express Mail or by a commercial delivery service) must be delivered to the Clerk of the Environmental Appeals Board at: U.S. Environmental Protection Agency, Environmental Appeals Board, WJC East Building, 1201 Constitution Avenue NW, Room 3332, Washington, DC 20004. (3) * * * (ii) Service requirements for parties. * * * Service must be by first class U.S. mail, by any reliable commercial delivery service, or, if agreed to by the parties, by facsimile or other electronic means, including but not necessarily limited to email. * * * * * * * * [FR Doc. 2018–02055 Filed 1–31–18; 8:45 am] BILLING CODE 6560–50–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [DA 18–12] Annual Adjustment of Civil Monetary Penalties To Reflect Inflation Federal Communications Commission. ACTION: Final rule. AGENCY: The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Inflation Adjustment Act) requires the Federal Communications Commission to amend its forfeiture penalty rules to reflect SUMMARY: annual adjustments for inflation in order to improve their effectiveness and maintain their deterrent effect. The 2015 Inflation Adjustment Act provides that the new penalty levels shall apply to penalties assessed after the effective date of the increase, including when the penalties whose associated violation predate the increase. DATES: Effective February 1, 2018. FOR FURTHER INFORMATION CONTACT: Lisa Gelb, Enforcement Bureau, 202–418– 1479. This is a summary of the Commission’s Order, DA 18–12, adopted and released on January 5, 2018. The document is available for download at https:// transition.fcc.gov/Daily_Releases/Daily_ Business/2018/db0105/DA-18-12A1.pdf. The complete text of this document is also available for inspection and copying during normal business hours in the FCC Reference Information Center, Portals II, 445 12th Street SW, Room CY–A257, Washington, DC 20554. The Bipartisan Budget Act of 2015 included, as Section 701 thereto, the 2015 Inflation Adjustment Act, which amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101–410), to improve the effectiveness of civil monetary penalties and maintain their deterrent effect. Under the act, agencies are required to make annual inflationary adjustments by January 15 each year. The adjustments are calculated pursuant to Office of Management and Budget (OMB) guidance. OMB issued guidance on December 15, 2017, and this Order follows that guidance. We therefore update the civil monetary penalties set forth in the Commission’s rules, to reflect an annual inflation adjustment that derives from OMB’s cost-of-living multiplier of 1.02041. SUPPLEMENTARY INFORMATION: Paperwork Reduction Act This document does not contain new or modified information collection requirements subject to the Paperwork Reduction Act of 1995 (PRA), Public Law 104–13. In addition, therefore, it daltland on DSKBBV9HB2PROD with RULES 202(c) Common Carrier Discrimination ........................................... 203(e) Common Carrier Tariffs ........................................................ 205(b) Common Carrier Prescriptions ............................................. 214(d) Common Carrier Line Extensions ........................................ 219(b) Common Carrier Reports ..................................................... 220(d) Common Carrier Records & Accounts ................................. 223(b) Dial-a-Porn ............................................................................ 227(e) Caller Identification ............................................................... Sec. 364(a) Forfeitures (Ships) ................................................................ VerDate Sep<11>2014 16:09 Jan 31, 2018 Jkt 244001 Congressional Review Act The Commission will send a copy of this Order to Congress and the Government Accountability Office pursuant to the Congressional Review Act, see 5 U.S.C. 801(a)(1)(A). List of Subjects in 47 CFR Part 1 Administrative practice and procedure, Penalties. Federal Communications Commission. Lisa S. Gelb, Deputy Chief, Enforcement Bureau. Final Rules For the reasons discussed in the preamble, the Federal Communications Commission amends 47 CFR part 1 as follows: PART 1—PRACTICE AND PROCEDURE 1. The authority citation for part 1 is revised to read as follows: ■ Authority: 47 U.S.C. 34–39, 151, 154(i), 154(j), 155, 157, 160, 201, 225, 227, 303, 309, 310, 332, 1403, 1404, 1451, 1452, 1455; 28 U.S.C. 2461 note. Subpart A—General Rules of Practice and Procedure 2. Section 1.80 is amended by revising the table in Section III of the note to paragraph (b)(8) and revising paragraph (b)(9) to read as follows: ■ § 1.80 Forfeiture proceedings. * * * * * (b) * * * (8) * * * Note to paragraph (b)(8) * * * Section III. Non-Section 503 Forfeitures That Are Affected by the Downward Adjustment Factors * * * * * Statutory amount ($) Violation Sec. Sec. Sec. Sec. Sec. Sec. Sec. Sec. does not contain any new or modified information collection burden for small business concerns with fewer than 25 employees, pursuant to the Small Business Paperwork Relief Act of 2002, Public Law 107–198, see 44 U.S.C. 3506(c)(4). PO 00000 Frm 00026 Fmt 4700 $11,784, $589/day. $11,784, $589/day. $23,566. $2,356/day. $2,356/day. $11,784/day. $122,110/day. $11,278/violation. $33,833/day for each day of continuing violation, up to $1,127,799 for any single act or failure to act. $9,819/day (owner). Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 83, No. 22 / Thursday, February 1, 2018 / Rules and Regulations Statutory amount ($) Violation Sec. Sec. Sec. Sec. 364(b) Forfeitures (Ships) ................................................................ 386(a) Forfeitures (Ships) ................................................................ 386(b) Forfeitures (Ships) ................................................................ 634 Cable EEO ................................................................................ (9) Inflation adjustments to the maximum forfeiture amount. (i) Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114–74 (129 Stat. 599–600), which amends the Federal Civil Monetary Penalty Inflation Adjustment Act of 1990, Public Law 101–410 (104 Stat. 890; 28 U.S.C. 2461 note), the statutory maximum amount of a forfeiture penalty assessed under this section shall be adjusted annually for inflation by order published no later than January 15 each year. Annual inflation adjustments will be based on the percentage (if any) by which the CPI–U for October preceding the date of the adjustment exceeds the prior year’s CPI–U for October. The Office of Management and Budget (OMB) will issue adjustment rate guidance no later than December 15 each year to adjust for inflation in the CPI–U as of the most recent October. (ii) The application of the annual inflation adjustment required by the foregoing Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 results in the following adjusted statutory maximum forfeitures authorized by the Communications Act: U.S. Code citation Maximum penalty after 2018 inflation adjustment 47 U.S.C. 202(c) ............. 47 U.S.C. 203(e) ............ U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 205(b) 214(d) 219(b) 220(d) 223(b) 227(e) 47 47 47 47 47 daltland on DSKBBV9HB2PROD with RULES 47 47 47 47 47 47 ............ ............ ............ ............ ............ ............ U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 362(a) ............ 362(b) ............ 386(a) ............ 386(b) ............ 503(b)(2)(A) ... 47 U.S.C. 503(b)(2)(B) ... 47 U.S.C. 503(b)(2)(C) ... 47 U.S.C. 503(b)(2)(D) ... 47 U.S.C. 503(b)(2)(F) ... VerDate Sep<11>2014 16:09 Jan 31, 2018 $11,784 589 11,784 589 23,566 2,356 2,356 11,784 122,110 11,278 33,833 1,127,799 9,819 1,964 9,819 1,964 49,096 490,967 196,387 1,963,870 397,251 3,666,930 19,639 147,290 112,780 1,127,799 Jkt 244001 4601 U.S. Code citation $1,964 (vessel master). $9,819/day (owner). $1,964 (vessel master). $870/day. Maximum penalty after 2018 inflation adjustment SUPPLEMENTARY INFORMATION: General Background Black sea bass are jointly managed by the Mid-Atlantic Fishery Management 47 U.S.C. 507(a) ............ 1,945 47 U.S.C. 507(b) ............ 285 Council (Council) and the Atlantic 47 U.S.C. 554 ................. 870 States Marine Fisheries Commission (Commission) as part of the joint Summer Flounder, Scup, and Black Sea * * * * * Bass Fishery Management Plan (FMP). [FR Doc. 2018–01990 Filed 1–31–18; 8:45 am] States manage black sea bass within 3 BILLING CODE 6712–01–P nautical miles (4.83 km) of their coasts under the Commission’s plan. The applicable Federal regulations govern DEPARTMENT OF COMMERCE vessels and individual anglers fishing in Federal waters of the exclusive National Oceanic and Atmospheric economic zone (EEZ), as well as vessels Administration possessing a Federal black sea bass charter/party vessel permit, regardless 50 CFR Part 648 of where they fish. This rule applies to [Docket No. 171023999–8070–02] black sea bass (Centropristis striata) in U.S. waters of the Atlantic Ocean from RIN 0648–BH35 35 E 13.3′ N lat. (the latitude of Cape Fisheries of the Northeastern United Hatteras Lighthouse, Buxton, North States; Black Sea Bass Fishery; 2018 Carolina) northward to the U.S./Canada February Recreational Season border. Modification This action implements the addition of a Federal recreational black sea bass AGENCY: National Marine Fisheries fishing season during February of 2018. Service (NMFS), National Oceanic and Additional background information Atmospheric Administration (NOAA), regarding the development of this action Commerce. was provided in the proposed rule (83 ACTION: Final rule. FR 780; January 8, 2018) and is not repeated here. The Federal recreational SUMMARY: NMFS is implementing measures for the remainder of 2018 are regulations to open a 2018 February still in development and will be recreational season in the Federal black implemented through a separate sea bass fishery. This action provides rulemaking later this spring. additional recreational fishing opportunities in winter, while Final Action maintaining management measures to This action implements a 28-day prevent overfishing consistent with the winter season for the 2018 recreational Summer Flounder, Scup, and Black Sea black sea bass fishery during the month Bass Fishery Management Plan. This of February. The current black sea bass rule is intended to inform the public of recreational management measures of a this new 2018 recreational season. 12.5-inch (31.75-cm) minimum size and DATES: Effective February 1 through 15-fish possession limit still apply February 28, 2018. during this February season. As ADDRESSES: Copies of the explained in the proposed rule, this Environmental Assessment (EA), action responds to the favorable 2016 Regulatory Flexibility Act Analyses, and benchmark stock assessment for black other supporting documents for the sea bass, and is intended to increase action are available upon request from recreational fishing access to a stable Dr. Christopher M. Moore, Executive stock at a time of year when few other Director, Mid-Atlantic Fishery recreational species are available. Management Council, Suite 201, 800 N. Two states, North Carolina and State Street, Dover, DE 19901. Virginia, have formally declared their FOR FURTHER INFORMATION CONTACT: intent to participate in the February Cynthia Hanson, Fishery Management 2018 recreational season. To confirm Specialist, (978) 281–9180. their participation, both states PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 E:\FR\FM\01FER1.SGM 01FER1

Agencies

[Federal Register Volume 83, Number 22 (Thursday, February 1, 2018)]
[Rules and Regulations]
[Pages 4600-4601]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-01990]


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FEDERAL COMMUNICATIONS COMMISSION

47 CFR Part 1

[DA 18-12]


Annual Adjustment of Civil Monetary Penalties To Reflect 
Inflation

AGENCY: Federal Communications Commission.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (the 2015 Inflation Adjustment Act) requires 
the Federal Communications Commission to amend its forfeiture penalty 
rules to reflect annual adjustments for inflation in order to improve 
their effectiveness and maintain their deterrent effect. The 2015 
Inflation Adjustment Act provides that the new penalty levels shall 
apply to penalties assessed after the effective date of the increase, 
including when the penalties whose associated violation predate the 
increase.

DATES: Effective February 1, 2018.

FOR FURTHER INFORMATION CONTACT: Lisa Gelb, Enforcement Bureau, 202-
418-1479.

SUPPLEMENTARY INFORMATION: This is a summary of the Commission's Order, 
DA 18-12, adopted and released on January 5, 2018. The document is 
available for download at https://transition.fcc.gov/Daily_Releases/Daily_Business/2018/db0105/DA-18-12A1.pdf. The complete text of this 
document is also available for inspection and copying during normal 
business hours in the FCC Reference Information Center, Portals II, 445 
12th Street SW, Room CY-A257, Washington, DC 20554.
    The Bipartisan Budget Act of 2015 included, as Section 701 thereto, 
the 2015 Inflation Adjustment Act, which amended the Federal Civil 
Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410), to 
improve the effectiveness of civil monetary penalties and maintain 
their deterrent effect. Under the act, agencies are required to make 
annual inflationary adjustments by January 15 each year. The 
adjustments are calculated pursuant to Office of Management and Budget 
(OMB) guidance. OMB issued guidance on December 15, 2017, and this 
Order follows that guidance. We therefore update the civil monetary 
penalties set forth in the Commission's rules, to reflect an annual 
inflation adjustment that derives from OMB's cost-of-living multiplier 
of 1.02041.

Paperwork Reduction Act

    This document does not contain new or modified information 
collection requirements subject to the Paperwork Reduction Act of 1995 
(PRA), Public Law 104-13. In addition, therefore, it does not contain 
any new or modified information collection burden for small business 
concerns with fewer than 25 employees, pursuant to the Small Business 
Paperwork Relief Act of 2002, Public Law 107-198, see 44 U.S.C. 
3506(c)(4).

Congressional Review Act

    The Commission will send a copy of this Order to Congress and the 
Government Accountability Office pursuant to the Congressional Review 
Act, see 5 U.S.C. 801(a)(1)(A).

List of Subjects in 47 CFR Part 1

    Administrative practice and procedure, Penalties.

Federal Communications Commission.
Lisa S. Gelb,
Deputy Chief, Enforcement Bureau.

Final Rules

    For the reasons discussed in the preamble, the Federal 
Communications Commission amends 47 CFR part 1 as follows:

PART 1--PRACTICE AND PROCEDURE

0
1. The authority citation for part 1 is revised to read as follows:

    Authority: 47 U.S.C. 34-39, 151, 154(i), 154(j), 155, 157, 160, 
201, 225, 227, 303, 309, 310, 332, 1403, 1404, 1451, 1452, 1455; 28 
U.S.C. 2461 note.

Subpart A--General Rules of Practice and Procedure

0
2. Section 1.80 is amended by revising the table in Section III of the 
note to paragraph (b)(8) and revising paragraph (b)(9) to read as 
follows:


Sec.  1.80  Forfeiture proceedings.

* * * * *
    (b) * * *
    (8) * * *
    Note to paragraph (b)(8) * * *
    Section III. Non-Section 503 Forfeitures That Are Affected by the 
Downward Adjustment Factors
* * * * *

------------------------------------------------------------------------
               Violation                       Statutory amount ($)
------------------------------------------------------------------------
Sec. 202(c) Common Carrier               $11,784, $589/day.
 Discrimination.
Sec. 203(e) Common Carrier Tariffs.....  $11,784, $589/day.
Sec. 205(b) Common Carrier               $23,566.
 Prescriptions.
Sec. 214(d) Common Carrier Line          $2,356/day.
 Extensions.
Sec. 219(b) Common Carrier Reports.....  $2,356/day.
Sec. 220(d) Common Carrier Records &     $11,784/day.
 Accounts.
Sec. 223(b) Dial-a-Porn................  $122,110/day.
Sec. 227(e) Caller Identification......  $11,278/violation.
                                         $33,833/day for each day of
                                          continuing violation, up to
                                          $1,127,799 for any single act
                                          or failure to act.
Sec. 364(a) Forfeitures (Ships)........  $9,819/day (owner).

[[Page 4601]]

 
Sec. 364(b) Forfeitures (Ships)........  $1,964 (vessel master).
Sec. 386(a) Forfeitures (Ships)........  $9,819/day (owner).
Sec. 386(b) Forfeitures (Ships)........  $1,964 (vessel master).
Sec. 634 Cable EEO.....................  $870/day.
------------------------------------------------------------------------

    (9) Inflation adjustments to the maximum forfeiture amount. (i) 
Pursuant to the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015, Public Law 114-74 (129 Stat. 599-600), which 
amends the Federal Civil Monetary Penalty Inflation Adjustment Act of 
1990, Public Law 101-410 (104 Stat. 890; 28 U.S.C. 2461 note), the 
statutory maximum amount of a forfeiture penalty assessed under this 
section shall be adjusted annually for inflation by order published no 
later than January 15 each year. Annual inflation adjustments will be 
based on the percentage (if any) by which the CPI-U for October 
preceding the date of the adjustment exceeds the prior year's CPI-U for 
October. The Office of Management and Budget (OMB) will issue 
adjustment rate guidance no later than December 15 each year to adjust 
for inflation in the CPI-U as of the most recent October.
    (ii) The application of the annual inflation adjustment required by 
the foregoing Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 results in the following adjusted statutory 
maximum forfeitures authorized by the Communications Act:

------------------------------------------------------------------------
                                                        Maximum  penalty
                                                           after 2018
                  U.S. Code citation                       inflation
                                                           adjustment
------------------------------------------------------------------------
47 U.S.C. 202(c).....................................            $11,784
                                                                     589
47 U.S.C. 203(e).....................................             11,784
                                                                     589
47 U.S.C. 205(b).....................................             23,566
47 U.S.C. 214(d).....................................              2,356
47 U.S.C. 219(b).....................................              2,356
47 U.S.C. 220(d).....................................             11,784
47 U.S.C. 223(b).....................................            122,110
47 U.S.C. 227(e).....................................             11,278
                                                                  33,833
                                                               1,127,799
47 U.S.C. 362(a).....................................              9,819
47 U.S.C. 362(b).....................................              1,964
47 U.S.C. 386(a).....................................              9,819
47 U.S.C. 386(b).....................................              1,964
47 U.S.C. 503(b)(2)(A)...............................             49,096
                                                                 490,967
47 U.S.C. 503(b)(2)(B)...............................            196,387
                                                               1,963,870
47 U.S.C. 503(b)(2)(C)...............................            397,251
                                                               3,666,930
47 U.S.C. 503(b)(2)(D)...............................             19,639
                                                                 147,290
47 U.S.C. 503(b)(2)(F)...............................            112,780
                                                               1,127,799
47 U.S.C. 507(a).....................................              1,945
47 U.S.C. 507(b).....................................                285
47 U.S.C. 554........................................                870
------------------------------------------------------------------------

* * * * *
[FR Doc. 2018-01990 Filed 1-31-18; 8:45 am]
 BILLING CODE 6712-01-P
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