Inflation Adjustment of Civil Monetary Penalties, 2459-2460 [2019-01429]

Download as PDF 2459 Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Rules and Regulations entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). VIII. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). BILLING CODE 6560–50–P FEDERAL MARITIME COMMISSION 46 CFR Part 506 [Docket No. 19–01] RIN 3072–AC74 Inflation Adjustment of Civil Monetary Penalties Federal Maritime Commission. Final rule. AGENCY: 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 February 7, 2019, and is applicable beginning January 15, 2019. 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, 15:51 Feb 06, 2019 Jkt 247001 § 180.920 Inert ingredients used preharvest; exemptions from the requirement of a tolerance. * Dated: December 17, 2018. Michael Goodis, Director, Registration Division, Office of Pesticides. * * * * Therefore, 40 CFR chapter I is amended as follows: * [FR Doc. 2019–01307 Filed 2–6–19; 8:45 am] VerDate Sep<11>2014 2. In § 180.920, add alphabetically the inert ingredient ‘‘Glycine betaine (CAS Reg. No. 107–43–7)’’ to the table to read as follows: ■ Limits * SUMMARY: Authority: 21 U.S.C. 321(q), 346a and 371. Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides and pests, Reporting and recordkeeping requirements. * * * * Glycine betaine (CAS Reg. No. 107–43–7) ........................................... ACTION: 1. The authority citation for part 180 continues to read as follows: ■ List of Subjects in 40 CFR Part 180 Inert ingredients * PART 180—[AMENDED] * ................................................... * 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 1 Office of Management and Budget, M–19–04, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, at 1 (Dec. 14, 2018) (M–19–04). Frm 00033 Fmt 4700 * Plant nutrient. * § 701 of Public Law 114–74. 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 14, 2018, the Office of Management and Budget published guidance stating that the CPI–U multiplier for October 2018 is 1.02522.1 In order to complete the adjustment for January 2019, the Commission must multiply the most recent civil penalty amounts in 46 CFR part 506. PO 00000 Uses Sfmt 4700 * * * 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 2 FCPIAA E:\FR\FM\07FER1.SGM section 4(b)(2); M–19–04 at 4. 07FER1 2460 Federal Register / Vol. 84, No. 26 / Thursday, February 7, 2019 / Rules and Regulations 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: PART 506—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT 1. The authority citation for part 506 continues to read as follows: ■ Authority: 28 U.S.C. 2461. 2. Amend § 506.4 by revising paragraph (d) to read as follows: ■ § 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: United States code citation Civil monetary penalty description 46 U.S.C. 42304 ................. 46 U.S.C. 41107(a) ............ 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 ................... 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 ................. 46 U.S.C. 44103 ................. 31 U.S.C. 3802(a)(1) .......... 31 U.S.C. 3802(a)(2) .......... By the Commission. Rachel Dickon, Secretary. [FR Doc. 2019–01429 Filed 2–6–19; 8:45 am] BILLING CODE 6731–AA–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 1 [WC Docket No. 17–84, WT Docket No. 17– 79; FCC 18–111] Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment Federal Communications Commission. ACTION: Final rule; announcement of effective date. AGENCY: In this document, the Commission announces that the Office of Management and Budget (OMB) has approved, for a period of three years, the SUMMARY: VerDate Sep<11>2014 15:51 Feb 06, 2019 Jkt 247001 information collection associated with the Commission’s revised pole attachment complaint rules. This document is consistent with Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Third Report and Order and Declaratory Ruling, FCC 18–111, which stated that the Commission would publish a document in the Federal Register announcing the effective date of the revised rules. The amendment to 47 CFR 1.1413, published at 83 FR 46812, September 14, 2018, is effective March 11, 2019. DATES: FOR FURTHER INFORMATION CONTACT: Michael Ray, Attorney Advisor, Wireline Competition Bureau, at (202) 418–0357, or by email at Michael.Ray@ fcc.gov. For additional information concerning the Paperwork Reduction Act information collection requirements, contact Nicole Ongele at (202) 418–2991 or nicole.ongele@ fcc.gov. PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 Maximum penalty as of January 15, 2018 Maximum penalty as of January 15, 2019 2,052,107 58,562 2,103,861 60,039 11,712 12,007 117,125 9,239 1,847,663 92,383 120,079 9,472 1,894,261 94,713 23,335, 778 23,924, 798 23,335, 778 11,181 11,181 23,924, 798 11,463 11,463 This document announces that, on January 28, 2019, OMB approved, for a period of three years, the information collection requirements relating to the pole attachment complaint rules contained in the Commission’s Accelerating Wireline Broadband Deployment by Removing Barriers to Infrastructure Investment, Third Report and Order and Declaratory Ruling, FCC 18–111, published at 83 FR 46812, September 14, 2018. The OMB Control Number is 3060–0392. The Commission publishes this document as an announcement of the effective date of the rules. If you have any comments on the burden estimates listed below, or how the Commission can improve the collections and reduce any burdens caused thereby, please contact Nicole Ongele, Federal Communications Commission, Room 1–A620, 445 12th Street SW, Washington, DC 20554. Please include the OMB Control Number, 3060–0392, in your correspondence. The Commission also SUPPLEMENTARY INFORMATION: E:\FR\FM\07FER1.SGM 07FER1

Agencies

Federal Maritime Commission

[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Rules and Regulations]
[Pages 2459-2460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01429]


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FEDERAL MARITIME COMMISSION

46 CFR Part 506

[Docket No. 19-01]
RIN 3072-AC74


Inflation Adjustment of Civil Monetary Penalties

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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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 February 7, 2019, and is applicable 
beginning January 15, 2019.

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 
114-74. 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 14, 2018, the Office of Management 
and Budget published guidance stating that the CPI-U multiplier for 
October 2018 is 1.02522.\1\ In order to complete the adjustment for 
January 2019, the Commission must multiply the most recent civil 
penalty amounts in 46 CFR part 506.
---------------------------------------------------------------------------

    \1\ Office of Management and Budget, M-19-04, Implementation of 
Penalty Inflation Adjustments for 2019, Pursuant to the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 
at 1 (Dec. 14, 2018) (M-19-04).
---------------------------------------------------------------------------

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-19-04 at 4.
---------------------------------------------------------------------------

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

[[Page 2460]]

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:

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    Maximum penalty
         United States code citation              Civil monetary penalty    as of January 15,  as of January 15,
                                                       description                 2018               2019
----------------------------------------------------------------------------------------------------------------
46 U.S.C. 42304..............................  Adverse impact on U.S.               2,052,107          2,103,861
                                                carriers by foreign
                                                shipping practices.
46 U.S.C. 41107(a)...........................  Knowing and Willful                     58,562             60,039
                                                violation/Shipping Act of
                                                1984, or Commission
                                                regulation or order.
46 U.S.C. 41107(b)...........................  Violation of Shipping Act               11,712             12,007
                                                of 1984, Commission
                                                regulation or order, not
                                                knowing and willful.
46 U.S.C. 41108(b)...........................  Operating in foreign                   117,125            120,079
                                                commerce after tariff
                                                suspension.
46 U.S.C. 42104..............................  Failure to provide required              9,239              9,472
                                                reports, etc./Merchant
                                                Marine Act of 1920.
46 U.S.C. 42106..............................  Adverse shipping conditions/         1,847,663          1,894,261
                                                Merchant Marine Act of
                                                1920.
46 U.S.C. 42108..............................  Operating after tariff or               92,383             94,713
                                                service contract
                                                suspension/Merchant Marine
                                                Act of 1920.
46 U.S.C. 44102..............................  Failure to establish               23,335, 778        23,924, 798
                                                financial responsibility
                                                for non-performance of
                                                transportation.
46 U.S.C. 44103..............................  Failure to establish               23,335, 778        23,924, 798
                                                financial responsibility
                                                for death or injury.
31 U.S.C. 3802(a)(1).........................  Program Fraud Civil                     11,181             11,463
                                                Remedies Act/makes false
                                                claim.
31 U.S.C. 3802(a)(2).........................  Program Fraud Civil                     11,181             11,463
                                                Remedies Act/giving false
                                                statement.
----------------------------------------------------------------------------------------------------------------


    By the Commission.
 Rachel Dickon,
Secretary.
[FR Doc. 2019-01429 Filed 2-6-19; 8:45 am]
 BILLING CODE 6731-AA-P

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