Annual Adjustment of Civil Monetary Penalties To Reflect Inflation, 4600-4601 [2018-01990]
Download as PDF
<![CDATA[
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]
=======================================================================
-----------------------------------------------------------------------
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
