Civil Monetary Penalty Adjustments for Inflation, 207-210 [2019-27864]
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207
Rules and Regulations
Federal Register
Vol. 85, No. 2
Friday, January 3, 2020
Office of the Chief Financial
Officer and Assistant Secretary for
Administration, Department of
Commerce.
ACTION: Final rule.
violations. The Department of
Commerce’s 2020 adjustments for
inflation to CMPs apply only to those
CMPs, including those whose associated
violation predated such adjustment,
which are assessed by the Department of
Commerce after the effective date of the
new CMP level.
DATES: This rule is effective January 15,
2020.
FOR FURTHER INFORMATION CONTACT:
Stephen M. Kunze, Deputy Chief
Financial Officer and Director for
Financial Management, Office of
Financial Management, at (202) 482–
1207, Department of Commerce, 1401
Constitution Avenue NW, Room D200,
Washington, DC 20230. The Department
of Commerce’s Civil Monetary Penalty
Adjustments for Inflation are available
for downloading from the Department of
Commerce, Office of Financial
Management’s website at the following
address: https://www.osec.doc.gov/ofm/
OFM_Publications.html.
SUPPLEMENTARY INFORMATION:
This final rule is being issued
to adjust for inflation each civil
monetary penalty (CMP) provided by
law within the jurisdiction of the United
States Department of Commerce
(Department of Commerce). The Federal
Civil Penalties Inflation Adjustment Act
of 1990, as amended by the Debt
Collection Improvement Act of 1996
and the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, required the head of each agency
to adjust for inflation its CMP levels in
effect as of November 2, 2015, under a
revised methodology that was effective
for 2016 which provided for initial
catch up adjustments for inflation in
2016, and requires adjustments for
inflation to CMPs under a revised
methodology for each year thereafter.
The 2019 adjustments for inflation to
CMPs to the Department of Commerce’s
CMPs were published in the Federal
Register on February 7, 2019, and
became effective March 1, 2019. The
annual methodology provides for the
improvement of the effectiveness of
CMPs and to maintain their deterrent
effect. Agencies’ annual adjustments for
inflation to CMPs shall take effect not
later than January 15. The Department
of Commerce’s 2020 adjustments for
inflation to CMPs apply only to CMPs
with a dollar amount, and will not
apply to CMPs written as functions of
Background
The Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410; 28 U.S.C. 2461), as amended by the
Debt Collection Improvement Act of
1996 (Pub. L. 104–134), provided for
agencies’ adjustments for inflation to
CMPs to ensure that CMPs continue to
maintain their deterrent value and that
CMPs due to the Federal Government
were properly accounted for and
collected.
A CMP is defined as any penalty, fine,
or other sanction that:
1. Is for a specific monetary amount
as provided by Federal law, or has a
maximum amount provided for by
Federal law; and,
2. Is assessed or enforced by an
agency pursuant to Federal law; and,
3. Is assessed or enforced pursuant to
an administrative proceeding or a civil
action in the Federal courts.
On November 2, 2015, the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Section 701
of Pub. L. 114–74) further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 to improve the
effectiveness of CMPs and to maintain
their deterrent effect. This amendment
(1) required agencies to adjust the CMP
levels in effect as of November 2, 2015,
with initial catch up adjustments for
inflation through a final rulemaking to
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 6
[Docket No. 191216–0114]
RIN 0605–AA54
Civil Monetary Penalty Adjustments for
Inflation
AGENCY:
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SUMMARY:
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take effect no later than August 1, 2016;
and (2) requires agencies to make
subsequent annual adjustments for
inflation to CMPs that shall take effect
not later than January 15. The
Department of Commerce’s 2019
adjustments for inflation to CMPs were
published in the Federal Register on
February 7, 2019, and the new CMP
levels became effective March 1, 2019.
The Department of Commerce’s 2020
adjustments for inflation to CMPs apply
only to CMPs with a dollar amount, and
will not apply to CMPs written as
functions of violations. These 2020
adjustments for inflation to CMPs apply
only to those CMPs, including those
whose associated violation predated
such adjustment, which are assessed by
the Department of Commerce after the
effective date of the new CMP level.
This regulation adjusts for inflation
CMPs that are provided by law within
the jurisdiction of the Department of
Commerce. The actual CMP assessed for
a particular violation is dependent upon
a variety of factors. For example, the
National Oceanic and Atmospheric
Administration’s (NOAA) Policy for the
Assessment of Civil Administrative
Penalties and Permit Sanctions (Penalty
Policy), a compilation of NOAA internal
guidelines that are used when assessing
CMPs for violations for most of the
statutes NOAA enforces, will be
interpreted in a manner consistent with
this regulation to maintain the deterrent
effect of the CMPs. The CMP ranges in
the Penalty Policy are intended to aid
enforcement attorneys in determining
the appropriate CMP to assess for a
particular violation. The Penalty Policy
is maintained and made available to the
public on NOAA’s Office of the General
Counsel, Enforcement Section website
at: https://www.gc.noaa.gov/enforceoffice.html.
The Department of Commerce’s 2020
adjustments for inflation to CMPs set
forth in this regulation were determined
pursuant to the methodology prescribed
by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, which requires the maximum
CMP, or the minimum and maximum
CMP, as applicable, to be increased by
the cost-of-living adjustment. The term
‘‘cost-of-living adjustment’’ is defined
by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015. For the 2020 adjustments for
inflation to CMPs, the cost-of-living
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Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Rules and Regulations
adjustment is the percentage for each
CMP by which the Consumer Price
Index for the month of October 2019
exceeds the Consumer Price Index for
the month of October 2018.
Dated: December 19, 2019.
Stephen M. Kunze,
Deputy Chief Financial Officer and Director
for Financial Management, Department of
Commerce.
Classification
Authority and Issuance
For the reasons stated in the
preamble, the Department of Commerce
revises 15 CFR part 6 to read as follows:
Pursuant to 5 U.S.C. 553(b)B, there is
good cause to issue this rule without
prior public notice or opportunity for
public comment because it would be
impracticable and unnecessary. The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Section 701(b)) requires agencies
to make annual adjustments for inflation
to CMPs notwithstanding section 553 of
title 5, United States Code.
Additionally, the methodology used for
adjusting CMPs for inflation is given by
statute, with no discretion provided to
agencies regarding the substance of the
adjustments for inflation to CMPs. The
Department of Commerce is charged
only with performing ministerial
computations to determine the dollar
amounts of adjustments for inflation to
CMPs. Accordingly, prior public notice
and an opportunity for public comment
are not required for this rule.
Sec.
6.1 Definitions.
6.2 Purpose and scope.
6.3 Adjustments for inflation to civil
monetary penalties.
6.4 Effective date of adjustments for
inflation to civil monetary penalties.
6.5 Subsequent annual adjustments for
inflation to civil monetary penalties.
Authority: Pub. L. 101–410, 104 Stat. 890
(28 U.S.C. 2461 note); Pub. L. 104–134, 110
Stat. 1321 (31 U.S.C. 3701 note); Sec. 701 of
Pub. L. 114–74, 129 Stat. 599 (28 U.S.C. 1
note; 28 U.S.C. 2461 note).
§ 6.1
Definitions.
The provisions of the Paperwork
Reduction Act of 1995, Public Law 104–
13, 44 U.S.C. Chapter 35, and its
implementing regulations, 5 CFR part
1320, do not apply to this rule because
there are no new or revised
recordkeeping or reporting
requirements.
(a) The Department of Commerce
means the United States Department of
Commerce.
(b) Civil Monetary Penalty means any
penalty, fine, or other sanction that:
(1) Is for a specific monetary amount
as provided by Federal law, or has a
maximum amount provided for by
Federal law; and
(2) Is assessed or enforced by an
agency pursuant to Federal law; and
(3) Is assessed or enforced pursuant to
an administrative proceeding or a civil
action in the Federal courts.
Regulatory Analysis
§ 6.2
Paperwork Reduction Act
E.O. 12866, Regulatory Review
This rule is not a significant
regulatory action as that term is defined
in Executive Order 12866.
Regulatory Flexibility Act
Because notice of proposed
rulemaking and opportunity for
comment are not required pursuant to 5
U.S.C. 553, or any other law, the
analytical requirements of the
Regulatory Flexibility Act (5 U.S.C. 601,
et seq.) are inapplicable. Therefore, a
regulatory flexibility analysis is not
required and has not been prepared.
List of Subjects in 15 CFR Part 6
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PART 6—CIVIL MONETARY PENALTY
ADJUSTMENTS FOR INFLATION
Civil monetary penalties, Law
enforcement.
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Purpose and scope.
The purpose of this part is to make
adjustments for inflation to civil
monetary penalties, as required by the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410; 28 U.S.C. 2461), as amended by the
Debt Collection Improvement Act of
1996 (Pub. L. 104–134) and the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Section 701
of Pub. L. 114–74), of each civil
monetary penalty provided by law
within the jurisdiction of the United
States Department of Commerce
(Department of Commerce).
§ 6.3 Adjustments for inflation to civil
monetary penalties.
The civil monetary penalties provided
by law within the jurisdiction of the
Department of Commerce, as set forth in
paragraphs (a) through (f) of this section,
are hereby adjusted for inflation in 2019
in accordance with the Federal Civil
Penalties Inflation Adjustment Act of
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1990, as amended, from the amounts of
such civil monetary penalties that were
in effect as of March 1, 2019, to the
amounts of such civil monetary
penalties, as thus adjusted. The year
stated in parenthesis represents the year
that the civil monetary penalty was last
set by law or adjusted by law (excluding
adjustments for inflation).
(a) United States Department of
Commerce. (1) 31 U.S.C. 3802(a)(1),
Program Fraud Civil Remedies Act of
1986 (1986), violation, maximum from
$11,463 to $11,665.
(2) 31 U.S.C. 3802(a)(2), Program
Fraud Civil Remedies Act of 1986
(1986), violation, maximum from
$11,463 to $11,665.
(3) 31 U.S.C. 3729(a)(1)(G), False
Claims Act (1986); violation, minimum
from $11,463 to $11,665; maximum
from $22,927 to $23,331.
(b) Bureau of Economic Analysis. (1)
22 U.S.C. 3105(a), International
Investment and Trade in Services Act
(1990); failure to furnish information,
minimum from $4,735 to $4,819;
maximum from $47,357 to $48,192.
(c) Bureau of Industry and Security.
(1) 15 U.S.C. 5408(b)(1), Fastener
Quality Act (1990), violation, maximum
from $47,357 to $48,192.
(2) 22 U.S.C. 6761(a)(1)(A), Chemical
Weapons Convention Implementation
Act (1998), violation, maximum from
$38,549 to $39,229.
(3) 22 U.S.C. 6761(a)(l)(B), Chemical
Weapons Convention Implementation
Act (1998), violation, maximum from
$7,710 to $7,846.
(4) 50 U.S.C. 1705(b), International
Emergency Economic Powers Act
(2007), violation, maximum from
$302,584 to $307,922.
(5) 22 U.S.C. 8142(a), United States
Additional Protocol Implementation Act
(2006), violation, maximum from
$31,328 to $31,881.
(6) 50 U.S.C. 4819, Export Control
Reform Act of 2018 (2018), violation,
maximum from $300,000 to $305,292.
(d) Census Bureau. (1) 13 U.S.C. 304,
Collection of Foreign Trade Statistics
(2002), each day’s delinquency of a
violation; total of not to exceed
maximum per violation, from $1,394 to
$1,419; maximum per violation, from
$13,948 to $14,194.
(2) 13 U.S.C. 305(b), Collection of
Foreign Trade Statistics (2002),
violation, maximum from $13,948 to
$14,194.
(e) International Trade
Administration. (1) 19 U.S.C. 81s,
Foreign Trade Zone (1934), violation,
maximum from $2,924 to $2,976.
(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada
Free Trade Agreement Protective Order
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(1988), violation, maximum from
$210,386 to $214,097.
(f) National Oceanic and Atmospheric
Administration. (1) 51 U.S.C. 60123(a),
Land Remote Sensing Policy Act of 2010
(2010), violation, maximum from
$11,562 to $11,766.
(2) 51 U.S.C. 60148(c), Land Remote
Sensing Policy Act of 2010 (2010),
violation, maximum from $11,562 to
$11,766.
(3) 16 U.S.C. 773f(a), Northern Pacific
Halibut Act of 1982 (2007), violation,
maximum from $242,069 to $246,339.
(4) 16 U.S.C. 783, Sponge Act (1914),
violation, maximum from $1,729 to
$1,759.
(5) 16 U.S.C. 957(d), (e), and (f), Tuna
Conventions Act of 1950 (1962):
(i) Violation of 16 U.S.C. 957(a),
maximum from $86,389 to $87,913.
(ii) Subsequent violation of 16 U.S.C.
957(a), maximum from $186,070 to
$189,352.
(iii) Violation of 16 U.S.C. 957(b),
maximum from $2,924 to $2,976.
(iv) Subsequent violation of 16 U.S.C.
957(b), maximum from $17,278 to
$17,583.
(v) Violation of 16 U.S.C. 957(c),
maximum from $372,141 to $378,706.
(6) 16 U.S.C. 957(i), Tuna
Conventions Act of 1950,1 violation,
maximum from $189,427 to $192,768.
(7) 16 U.S.C. 959, Tuna Conventions
Act of 1950,2 violation, maximum from
$189,427 to $192,768.
(8) 16 U.S.C. 971f(a), Atlantic Tunas
Convention Act of 1975,3 violation,
maximum from $189,427 to $192,768.
(9) 16 U.S.C. 973f(a), South Pacific
Tuna Act of 1988 (1988), violation,
maximum from $525,965 to $535,243.
(10) 16 U.S.C. 1174(b), Fur Seal Act
Amendments of 1983 (1983), violation,
maximum from $25,037 to $25,479.
(11) 16 U.S.C. 1375(a)(1), Marine
Mammal Protection Act of 1972 (1972),
violation, maximum from $29,239 to
$29,755.
(12) 16 U.S.C. 1385(e), Dolphin
Protection Consumer Information Act,4
violation, maximum from $189,427 to
$192,768.
(13) 16 U.S.C. 1437(d)(1), National
Marine Sanctuaries Act (1992),
violation, maximum from $178,338 to
$181,484.
(14) 16 U.S.C. 1540(a)(1), Endangered
Species Act of 1973:
(i) Violation as specified (1988),
maximum from $52,596 to $53,524.
(ii) Violation as specified (1988),
maximum from $25,246 to $25,691.
(iii) Otherwise violation (1978),
maximum from $1,729 to $1,759.
(15) 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and
Management Act (1990), violation,
maximum from $189,427 to $192,768.
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(16) 16 U.S.C. 2437(a), Antarctic
Marine Living Resources Convention
Act of 1984,5 violation, maximum from
$189,427 to $192,768.
(17) 16 U.S.C. 2465(a), Antarctic
Protection Act of 1990,6 violation,
maximum from $189,427 to $192,768.
(18) 16 U.S.C. 3373(a), Lacey Act
Amendments of 1981 (1981):
(i) 16 U.S.C. 3373(a)(1), violation,
maximum from $27,075 to $27,553.
(ii) 16 U.S.C. 3373(a)(2), violation,
maximum from $677 to $689.
(19) 16 U.S.C. 3606(b)(1), Atlantic
Salmon Convention Act of 1982,7
violation, maximum from $189,427 to
$192,768.
(20) 16 U.S.C. 3637(b), Pacific Salmon
Treaty Act of 1985,8 violation,
maximum from $189,427 to $192,768.
(21) 16 U.S.C. 4016(b)(1)(B), Fish and
Seafood Promotion Act of 1986 (1986);
violation, minimum from $1,146 to
$1,166; maximum from $11,463 to
$11,665.
(22) 16 U.S.C. 5010, North Pacific
Anadromous Stocks Act of 1992,9
violation, maximum from $189,427 to
$192,768.
(23) 16 U.S.C. 5103(b)(2), Atlantic
Coastal Fisheries Cooperative
Management Act,10 violation, maximum
from $189,427 to $192,768.
(24) 16 U.S.C. 5154(c)(1), Atlantic
Striped Bass Conservation Act,11
violation, maximum from $189,427 to
$192,768.
(25) 16 U.S.C. 5507(a), High Seas
Fishing Compliance Act of 1995 (1995),
violation, maximum from $164,531 to
$167,433.
(26) 16 U.S.C. 5606(b), Northwest
Atlantic Fisheries Convention Act of
1995,12 violation, maximum from
$189,427 to $192,768.
(27) 16 U.S.C. 6905(c), Western and
Central Pacific Fisheries Convention
Implementation Act,13 violation,
maximum from $189,427 to $192,768.
(28) 16 U.S.C. 7009(c) and (d), Pacific
Whiting Act of 2006,14 violation,
maximum from $189,427 to $192,768.
(29) 22 U.S.C. 1978(e), Fishermen’s
Protective Act of 1967 (1971):
(i) Violation, maximum from $29,239
to $29,755.
(ii) Subsequent violation, maximum
from $86,389 to $87,913.
(30) 30 U.S.C. 1462(a), Deep Seabed
Hard Mineral Resources Act (1980),
violation, maximum, from $74,552 to
$75,867.
(31) 42 U.S.C. 9152(c), Ocean Thermal
Energy Conversion Act of 1980 (1980),
violation, maximum from $74,552 to
$75,867.
(32) 16 U.S.C. 1827a, Billfish
Conservation Act of 2012,15 violation,
maximum from $189,427 to $192,768.
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209
(33) 16 U.S.C. 7407(b), Port State
Measures Agreement Act of 2015,16
violation, maximum from $189,427 to
$192,768.
(34) 16 U.S.C. 1826g(f), High Seas
Driftnet Fishing Moratorium Protection
Act,17 violation, maximum from
$189,427 to $192,768.
(35) 16 U.S.C. 7705, Ensuring Access
to Pacific Fisheries Act,18 violation,
maximum from $189,427 to $192,768.
(36) 16 U.S.C. 7805, Ensuring Access
to Pacific Fisheries Act,19 violation,
maximum from $189,427 to $192,768.
(g) National Technical Information
Service. (1) 42 U.S.C. 1306c(c),
Bipartisan Budget Act of 2013 (2013),
(newly reported penalty), violation
$1,000; (newly reported penalty),
maximum total penalty on any person
for any calendar year, excluding willful
or intentional violations $250,000.
1This National Oceanic and Atmospheric
Administration maximum civil monetary
penalty, as prescribed by law, is the
maximum civil penalty per 16 U.S.C. 1858(a),
Magnuson-Stevens Fishery Conservation and
Management Act civil monetary penalty
(item (15)).
2 See footnote 1.
3 See footnote 1.
4 See footnote 1.
5 See footnote 1.
6 See footnote 1.
7 See footnote 1.
8 See footnote 1.
9 See footnote 1.
10 See footnote 1.
11 See footnote 1.
12 See footnote 1.
13 See footnote 1.
14 See footnote 1.
15 See footnote 1.
16 See footnote 1.
17 See footnote 1.
18 See footnote 1.
19 See footnote 1.
§ 6.4 Effective date of adjustments for
inflation to civil monetary penalties.
The Department of Commerce’s 2020
adjustments for inflation made by § 6.3,
of the civil monetary penalties there
specified, are effective on January 15,
2020, and said civil monetary penalties,
as thus adjusted by the adjustments for
inflation made by § 6.3, apply only to
those civil monetary penalties,
including those whose associated
violation predated such adjustment,
which are assessed by the Department of
Commerce after the effective date of the
new civil monetary penalty level, and
before the effective date of any future
adjustments for inflation to civil
monetary penalties thereto made
subsequent to January 15, 2020, as
provided in § 6.5.
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§ 6.5 Subsequent annual adjustments for
inflation to civil monetary penalties.
The Secretary of Commerce or his or
her designee by regulation shall make
subsequent adjustments for inflation to
the Department of Commerce’s civil
monetary penalties annually, which
shall take effect not later than January
15, notwithstanding section 553 of title
5, United States Code.
[FR Doc. 2019–27864 Filed 1–2–20; 8:45 am]
BILLING CODE 3510–DP–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2019–0967]
RIN 1625–AA00
Safety Zones; Sacramento New Years
Eve Fireworks Display, Sacramento
River, Sacramento, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing three temporary safety
zones in the navigable waters of the
Sacramento River near River Walk Park
and the Tower Bridge in Sacramento,
CA in support of the Sacramento New
Years Eve Fireworks Display on
December 31, 2019. These safety zones
are necessary to protect personnel,
vessels, and the marine environment
from the dangers associated with
pyrotechnics. Unauthorized persons or
vessels are prohibited from entering
into, transiting through, or remaining in
the safety zones without permission of
the Captain of the Port or a designated
representative.
DATES: This rule is effective from 8:30
p.m. to 10 p.m. on December 31, 2019.
ADDRESSES: To view documents
mentioned in this preamble as being
available in the docket, go to https://
www.regulations.gov, type USCG–2019–
0967 in the ‘‘SEARCH’’ box and click
‘‘SEARCH.’’ Click on Open Docket
Folder on the line associated with this
rule.
FOR FURTHER INFORMATION CONTACT: If
you have questions on this rule, call or
email Lieutenant Emily Rowan, U.S.
Coast Guard Sector San Francisco;
telephone (415) 399–7443, email
SFWaterways@uscg.mil.
SUPPLEMENTARY INFORMATION:
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SUMMARY:
I. Table of Abbreviations
CFR
Code of Federal Regulations
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COTP Captain of the Port San Francisco
DHS Department of Homeland Security
§ Section
U.S.C. United States Code
II. Background Information and
Regulatory History
The Coast Guard is issuing this
temporary final rule without prior
notice and opportunity to comment
pursuant to authority under section 4(a)
of the Administrative Procedure Act
(APA) (5 U.S.C. 553(b)). This provision
authorizes an agency to issue a rule
without prior notice and opportunity to
comment when the agency for good
cause finds that those procedures are
‘‘impracticable, unnecessary, or contrary
to the public interest.’’ Under 5 U.S.C.
553(b)(B), the Coast Guard finds that
good cause exists for not publishing a
notice of proposed rulemaking with
respect to this rule because it is
impracticable. The Coast Guard did not
receive final details for this event until
November 5, 2019. There was
insufficient time to undergo the full
rulemaking process, including
providing a reasonable comment period
and considering those comments,
because the Coast Guard must establish
this temporary safety zone by December
31, 2019.
Under 5 U.S.C. 553(d)(3), the Coast
Guard finds that good cause exists for
making this rule effective less than 30
days after publication in the Federal
Register. Delaying the effective date of
this rule would be contrary to public
interest because immediate action is
necessary to respond to the potential
safety hazards associated with the
firework display near Sacramento, CA.
III. Legal Authority and Need for Rule
The Coast Guard is issuing this rule
under authority 46 U.S.C. 70034
(previously 33 U.S.C. 1231). The
Captain of the Port San Francisco has
determined that potential hazards
associated with the Sacramento New
Year’s Eve fireworks display on
December 31, 2019, will be a safety
concern for anyone within a 175-foot
radius of the fireworks firing sites. This
rule is needed to protect personnel,
vessels, and the marine environment in
the navigable waters around the
fireworks firing site during the fireworks
display.
IV. Discussion of the Rule
This rule establishes three temporary
safety zones from 8:30 p.m. to 10 p.m.
on December 31, 2019. At 8:30 p.m., 30
minutes prior to the commencement of
the 20-minute fireworks display,
scheduled to being at 9:00 p.m. on
December 31, 2019, the three safety
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zones for the Sacramento New Years
Eve Fireworks Display will encompass
the navigable waters, from surface to
bottom, around the fireworks firing sites
within three respective circles each with
a radius of 175 feet with the respective
circle centers in approximate positions:
Southern Firing Site at 38°34′50″ N,
121°30′30″ W,
Northern Firing Site at 38°35′02″ N,
121°30′40″ W, and
Near the Tower Bridge at 38°34′50″ N,
121°30′30″ W (NAD83).
The safety zones shall terminate at 10
p.m. on December 31, 2019.
This regulation is needed to keep
persons and vessels away from the
immediate vicinity of the firework
display locations to ensure the safety of
participants, spectators, and transiting
vessels. Except for persons or vessels
authorized by the COTP or the COTP’s
designated representative, no person or
vessel may enter or remain in the
restricted areas. A ‘‘designated
representative’’ means a Coast Guard
Patrol Commander, including a Coast
Guard coxswain, petty officer, or other
officer operating a Coast Guard vessel or
a Federal, State, or local officer
designated by or assisting the COTP in
the enforcement of the safety zones. The
COTP or the COTP’s designated
representative will notify the maritime
community of periods during which
these zones will be enforced using
information broadcasts.
V. Regulatory Analyses
We developed this rule after
considering numerous statutes and
executive orders related to rulemaking.
Below we summarize our analyses
based on a number of these statutes and
Executive orders, and we discuss First
Amendment rights of protestors.
A. Regulatory Planning and Review
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits.
Executive Order 13771 directs agencies
to control regulatory costs through a
budgeting process. This rule has not
been designated a ‘‘significant
regulatory action,’’ under Executive
Order 12866. Accordingly, this rule has
not been reviewed by the Office of
Management and Budget (OMB), and
pursuant to OMB guidance it is exempt
from the requirements of Executive
Order 13771.
This regulatory action determination
is based on the limited duration and
narrowly tailored geographic area of the
E:\FR\FM\03JAR1.SGM
03JAR1
]]>Agencies
[Federal Register Volume 85, Number 2 (Friday, January 3, 2020)]
[Rules and Regulations]
[Pages 207-210]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27864]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 85, No. 2 / Friday, January 3, 2020 / Rules
and Regulations
[[Page 207]]
DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 6
[Docket No. 191216-0114]
RIN 0605-AA54
Civil Monetary Penalty Adjustments for Inflation
AGENCY: Office of the Chief Financial Officer and Assistant Secretary
for Administration, Department of Commerce.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This final rule is being issued to adjust for inflation each
civil monetary penalty (CMP) provided by law within the jurisdiction of
the United States Department of Commerce (Department of Commerce). The
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of 1996 and the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015, required
the head of each agency to adjust for inflation its CMP levels in
effect as of November 2, 2015, under a revised methodology that was
effective for 2016 which provided for initial catch up adjustments for
inflation in 2016, and requires adjustments for inflation to CMPs under
a revised methodology for each year thereafter. The 2019 adjustments
for inflation to CMPs to the Department of Commerce's CMPs were
published in the Federal Register on February 7, 2019, and became
effective March 1, 2019. The annual methodology provides for the
improvement of the effectiveness of CMPs and to maintain their
deterrent effect. Agencies' annual adjustments for inflation to CMPs
shall take effect not later than January 15. The Department of
Commerce's 2020 adjustments for inflation to CMPs apply only to CMPs
with a dollar amount, and will not apply to CMPs written as functions
of violations. The Department of Commerce's 2020 adjustments for
inflation to CMPs apply only to those CMPs, including those whose
associated violation predated such adjustment, which are assessed by
the Department of Commerce after the effective date of the new CMP
level.
DATES: This rule is effective January 15, 2020.
FOR FURTHER INFORMATION CONTACT: Stephen M. Kunze, Deputy Chief
Financial Officer and Director for Financial Management, Office of
Financial Management, at (202) 482-1207, Department of Commerce, 1401
Constitution Avenue NW, Room D200, Washington, DC 20230. The Department
of Commerce's Civil Monetary Penalty Adjustments for Inflation are
available for downloading from the Department of Commerce, Office of
Financial Management's website at the following address: https://www.osec.doc.gov/ofm/OFM_Publications.html.
SUPPLEMENTARY INFORMATION:
Background
The Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub.
L. 101-410; 28 U.S.C. 2461), as amended by the Debt Collection
Improvement Act of 1996 (Pub. L. 104-134), provided for agencies'
adjustments for inflation to CMPs to ensure that CMPs continue to
maintain their deterrent value and that CMPs due to the Federal
Government were properly accounted for and collected.
A CMP is defined as any penalty, fine, or other sanction that:
1. Is for a specific monetary amount as provided by Federal law, or
has a maximum amount provided for by Federal law; and,
2. Is assessed or enforced by an agency pursuant to Federal law;
and,
3. Is assessed or enforced pursuant to an administrative proceeding
or a civil action in the Federal courts.
On November 2, 2015, the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74)
further amended the Federal Civil Penalties Inflation Adjustment Act of
1990 to improve the effectiveness of CMPs and to maintain their
deterrent effect. This amendment (1) required agencies to adjust the
CMP levels in effect as of November 2, 2015, with initial catch up
adjustments for inflation through a final rulemaking to take effect no
later than August 1, 2016; and (2) requires agencies to make subsequent
annual adjustments for inflation to CMPs that shall take effect not
later than January 15. The Department of Commerce's 2019 adjustments
for inflation to CMPs were published in the Federal Register on
February 7, 2019, and the new CMP levels became effective March 1,
2019.
The Department of Commerce's 2020 adjustments for inflation to CMPs
apply only to CMPs with a dollar amount, and will not apply to CMPs
written as functions of violations. These 2020 adjustments for
inflation to CMPs apply only to those CMPs, including those whose
associated violation predated such adjustment, which are assessed by
the Department of Commerce after the effective date of the new CMP
level.
This regulation adjusts for inflation CMPs that are provided by law
within the jurisdiction of the Department of Commerce. The actual CMP
assessed for a particular violation is dependent upon a variety of
factors. For example, the National Oceanic and Atmospheric
Administration's (NOAA) Policy for the Assessment of Civil
Administrative Penalties and Permit Sanctions (Penalty Policy), a
compilation of NOAA internal guidelines that are used when assessing
CMPs for violations for most of the statutes NOAA enforces, will be
interpreted in a manner consistent with this regulation to maintain the
deterrent effect of the CMPs. The CMP ranges in the Penalty Policy are
intended to aid enforcement attorneys in determining the appropriate
CMP to assess for a particular violation. The Penalty Policy is
maintained and made available to the public on NOAA's Office of the
General Counsel, Enforcement Section website at: https://www.gc.noaa.gov/enforce-office.html.
The Department of Commerce's 2020 adjustments for inflation to CMPs
set forth in this regulation were determined pursuant to the
methodology prescribed by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, which requires the maximum
CMP, or the minimum and maximum CMP, as applicable, to be increased by
the cost-of-living adjustment. The term ``cost-of-living adjustment''
is defined by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. For the 2020 adjustments for inflation to
CMPs, the cost-of-living
[[Page 208]]
adjustment is the percentage for each CMP by which the Consumer Price
Index for the month of October 2019 exceeds the Consumer Price Index
for the month of October 2018.
Classification
Pursuant to 5 U.S.C. 553(b)B, there is good cause to issue this
rule without prior public notice or opportunity for public comment
because it would be impracticable and unnecessary. The Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (Section
701(b)) requires agencies to make annual adjustments for inflation to
CMPs notwithstanding section 553 of title 5, United States Code.
Additionally, the methodology used for adjusting CMPs for inflation is
given by statute, with no discretion provided to agencies regarding the
substance of the adjustments for inflation to CMPs. The Department of
Commerce is charged only with performing ministerial computations to
determine the dollar amounts of adjustments for inflation to CMPs.
Accordingly, prior public notice and an opportunity for public comment
are not required for this rule.
Paperwork Reduction Act
The provisions of the Paperwork Reduction Act of 1995, Public Law
104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR
part 1320, do not apply to this rule because there are no new or
revised recordkeeping or reporting requirements.
Regulatory Analysis
E.O. 12866, Regulatory Review
This rule is not a significant regulatory action as that term is
defined in Executive Order 12866.
Regulatory Flexibility Act
Because notice of proposed rulemaking and opportunity for comment
are not required pursuant to 5 U.S.C. 553, or any other law, the
analytical requirements of the Regulatory Flexibility Act (5 U.S.C.
601, et seq.) are inapplicable. Therefore, a regulatory flexibility
analysis is not required and has not been prepared.
List of Subjects in 15 CFR Part 6
Civil monetary penalties, Law enforcement.
Dated: December 19, 2019.
Stephen M. Kunze,
Deputy Chief Financial Officer and Director for Financial Management,
Department of Commerce.
Authority and Issuance
For the reasons stated in the preamble, the Department of Commerce
revises 15 CFR part 6 to read as follows:
PART 6--CIVIL MONETARY PENALTY ADJUSTMENTS FOR INFLATION
Sec.
6.1 Definitions.
6.2 Purpose and scope.
6.3 Adjustments for inflation to civil monetary penalties.
6.4 Effective date of adjustments for inflation to civil monetary
penalties.
6.5 Subsequent annual adjustments for inflation to civil monetary
penalties.
Authority: Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note);
Pub. L. 104-134, 110 Stat. 1321 (31 U.S.C. 3701 note); Sec. 701 of
Pub. L. 114-74, 129 Stat. 599 (28 U.S.C. 1 note; 28 U.S.C. 2461
note).
Sec. 6.1 Definitions.
(a) The Department of Commerce means the United States Department
of Commerce.
(b) Civil Monetary Penalty means any penalty, fine, or other
sanction that:
(1) Is for a specific monetary amount as provided by Federal law,
or has a maximum amount provided for by Federal law; and
(2) Is assessed or enforced by an agency pursuant to Federal law;
and
(3) Is assessed or enforced pursuant to an administrative
proceeding or a civil action in the Federal courts.
Sec. 6.2 Purpose and scope.
The purpose of this part is to make adjustments for inflation to
civil monetary penalties, as required by the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. 101-410; 28 U.S.C. 2461), as
amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-
134) and the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Section 701 of Pub. L. 114-74), of each civil
monetary penalty provided by law within the jurisdiction of the United
States Department of Commerce (Department of Commerce).
Sec. 6.3 Adjustments for inflation to civil monetary penalties.
The civil monetary penalties provided by law within the
jurisdiction of the Department of Commerce, as set forth in paragraphs
(a) through (f) of this section, are hereby adjusted for inflation in
2019 in accordance with the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended, from the amounts of such civil
monetary penalties that were in effect as of March 1, 2019, to the
amounts of such civil monetary penalties, as thus adjusted. The year
stated in parenthesis represents the year that the civil monetary
penalty was last set by law or adjusted by law (excluding adjustments
for inflation).
(a) United States Department of Commerce. (1) 31 U.S.C. 3802(a)(1),
Program Fraud Civil Remedies Act of 1986 (1986), violation, maximum
from $11,463 to $11,665.
(2) 31 U.S.C. 3802(a)(2), Program Fraud Civil Remedies Act of 1986
(1986), violation, maximum from $11,463 to $11,665.
(3) 31 U.S.C. 3729(a)(1)(G), False Claims Act (1986); violation,
minimum from $11,463 to $11,665; maximum from $22,927 to $23,331.
(b) Bureau of Economic Analysis. (1) 22 U.S.C. 3105(a),
International Investment and Trade in Services Act (1990); failure to
furnish information, minimum from $4,735 to $4,819; maximum from
$47,357 to $48,192.
(c) Bureau of Industry and Security. (1) 15 U.S.C. 5408(b)(1),
Fastener Quality Act (1990), violation, maximum from $47,357 to
$48,192.
(2) 22 U.S.C. 6761(a)(1)(A), Chemical Weapons Convention
Implementation Act (1998), violation, maximum from $38,549 to $39,229.
(3) 22 U.S.C. 6761(a)(l)(B), Chemical Weapons Convention
Implementation Act (1998), violation, maximum from $7,710 to $7,846.
(4) 50 U.S.C. 1705(b), International Emergency Economic Powers Act
(2007), violation, maximum from $302,584 to $307,922.
(5) 22 U.S.C. 8142(a), United States Additional Protocol
Implementation Act (2006), violation, maximum from $31,328 to $31,881.
(6) 50 U.S.C. 4819, Export Control Reform Act of 2018 (2018),
violation, maximum from $300,000 to $305,292.
(d) Census Bureau. (1) 13 U.S.C. 304, Collection of Foreign Trade
Statistics (2002), each day's delinquency of a violation; total of not
to exceed maximum per violation, from $1,394 to $1,419; maximum per
violation, from $13,948 to $14,194.
(2) 13 U.S.C. 305(b), Collection of Foreign Trade Statistics
(2002), violation, maximum from $13,948 to $14,194.
(e) International Trade Administration. (1) 19 U.S.C. 81s, Foreign
Trade Zone (1934), violation, maximum from $2,924 to $2,976.
(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada Free Trade Agreement
Protective Order
[[Page 209]]
(1988), violation, maximum from $210,386 to $214,097.
(f) National Oceanic and Atmospheric Administration. (1) 51 U.S.C.
60123(a), Land Remote Sensing Policy Act of 2010 (2010), violation,
maximum from $11,562 to $11,766.
(2) 51 U.S.C. 60148(c), Land Remote Sensing Policy Act of 2010
(2010), violation, maximum from $11,562 to $11,766.
(3) 16 U.S.C. 773f(a), Northern Pacific Halibut Act of 1982 (2007),
violation, maximum from $242,069 to $246,339.
(4) 16 U.S.C. 783, Sponge Act (1914), violation, maximum from
$1,729 to $1,759.
(5) 16 U.S.C. 957(d), (e), and (f), Tuna Conventions Act of 1950
(1962):
(i) Violation of 16 U.S.C. 957(a), maximum from $86,389 to $87,913.
(ii) Subsequent violation of 16 U.S.C. 957(a), maximum from
$186,070 to $189,352.
(iii) Violation of 16 U.S.C. 957(b), maximum from $2,924 to $2,976.
(iv) Subsequent violation of 16 U.S.C. 957(b), maximum from $17,278
to $17,583.
(v) Violation of 16 U.S.C. 957(c), maximum from $372,141 to
$378,706.
(6) 16 U.S.C. 957(i), Tuna Conventions Act of 1950,\1\ violation,
maximum from $189,427 to $192,768.
(7) 16 U.S.C. 959, Tuna Conventions Act of 1950,\2\ violation,
maximum from $189,427 to $192,768.
(8) 16 U.S.C. 971f(a), Atlantic Tunas Convention Act of 1975,\3\
violation, maximum from $189,427 to $192,768.
(9) 16 U.S.C. 973f(a), South Pacific Tuna Act of 1988 (1988),
violation, maximum from $525,965 to $535,243.
(10) 16 U.S.C. 1174(b), Fur Seal Act Amendments of 1983 (1983),
violation, maximum from $25,037 to $25,479.
(11) 16 U.S.C. 1375(a)(1), Marine Mammal Protection Act of 1972
(1972), violation, maximum from $29,239 to $29,755.
(12) 16 U.S.C. 1385(e), Dolphin Protection Consumer Information
Act,\4\ violation, maximum from $189,427 to $192,768.
(13) 16 U.S.C. 1437(d)(1), National Marine Sanctuaries Act (1992),
violation, maximum from $178,338 to $181,484.
(14) 16 U.S.C. 1540(a)(1), Endangered Species Act of 1973:
(i) Violation as specified (1988), maximum from $52,596 to $53,524.
(ii) Violation as specified (1988), maximum from $25,246 to
$25,691.
(iii) Otherwise violation (1978), maximum from $1,729 to $1,759.
(15) 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and
Management Act (1990), violation, maximum from $189,427 to $192,768.
(16) 16 U.S.C. 2437(a), Antarctic Marine Living Resources
Convention Act of 1984,\5\ violation, maximum from $189,427 to
$192,768.
(17) 16 U.S.C. 2465(a), Antarctic Protection Act of 1990,\6\
violation, maximum from $189,427 to $192,768.
(18) 16 U.S.C. 3373(a), Lacey Act Amendments of 1981 (1981):
(i) 16 U.S.C. 3373(a)(1), violation, maximum from $27,075 to
$27,553.
(ii) 16 U.S.C. 3373(a)(2), violation, maximum from $677 to $689.
(19) 16 U.S.C. 3606(b)(1), Atlantic Salmon Convention Act of
1982,\7\ violation, maximum from $189,427 to $192,768.
(20) 16 U.S.C. 3637(b), Pacific Salmon Treaty Act of 1985,\8\
violation, maximum from $189,427 to $192,768.
(21) 16 U.S.C. 4016(b)(1)(B), Fish and Seafood Promotion Act of
1986 (1986); violation, minimum from $1,146 to $1,166; maximum from
$11,463 to $11,665.
(22) 16 U.S.C. 5010, North Pacific Anadromous Stocks Act of
1992,\9\ violation, maximum from $189,427 to $192,768.
(23) 16 U.S.C. 5103(b)(2), Atlantic Coastal Fisheries Cooperative
Management Act,\10\ violation, maximum from $189,427 to $192,768.
(24) 16 U.S.C. 5154(c)(1), Atlantic Striped Bass Conservation
Act,\11\ violation, maximum from $189,427 to $192,768.
(25) 16 U.S.C. 5507(a), High Seas Fishing Compliance Act of 1995
(1995), violation, maximum from $164,531 to $167,433.
(26) 16 U.S.C. 5606(b), Northwest Atlantic Fisheries Convention Act
of 1995,\12\ violation, maximum from $189,427 to $192,768.
(27) 16 U.S.C. 6905(c), Western and Central Pacific Fisheries
Convention Implementation Act,\13\ violation, maximum from $189,427 to
$192,768.
(28) 16 U.S.C. 7009(c) and (d), Pacific Whiting Act of 2006,\14\
violation, maximum from $189,427 to $192,768.
(29) 22 U.S.C. 1978(e), Fishermen's Protective Act of 1967 (1971):
(i) Violation, maximum from $29,239 to $29,755.
(ii) Subsequent violation, maximum from $86,389 to $87,913.
(30) 30 U.S.C. 1462(a), Deep Seabed Hard Mineral Resources Act
(1980), violation, maximum, from $74,552 to $75,867.
(31) 42 U.S.C. 9152(c), Ocean Thermal Energy Conversion Act of 1980
(1980), violation, maximum from $74,552 to $75,867.
(32) 16 U.S.C. 1827a, Billfish Conservation Act of 2012,\15\
violation, maximum from $189,427 to $192,768.
(33) 16 U.S.C. 7407(b), Port State Measures Agreement Act of
2015,\16\ violation, maximum from $189,427 to $192,768.
(34) 16 U.S.C. 1826g(f), High Seas Driftnet Fishing Moratorium
Protection Act,\17\ violation, maximum from $189,427 to $192,768.
(35) 16 U.S.C. 7705, Ensuring Access to Pacific Fisheries Act,\18\
violation, maximum from $189,427 to $192,768.
(36) 16 U.S.C. 7805, Ensuring Access to Pacific Fisheries Act,\19\
violation, maximum from $189,427 to $192,768.
(g) National Technical Information Service. (1) 42 U.S.C. 1306c(c),
Bipartisan Budget Act of 2013 (2013), (newly reported penalty),
violation $1,000; (newly reported penalty), maximum total penalty on
any person for any calendar year, excluding willful or intentional
violations $250,000.
\1\This National Oceanic and Atmospheric Administration maximum
civil monetary penalty, as prescribed by law, is the maximum civil
penalty per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation
and Management Act civil monetary penalty (item (15)).
\2\ See footnote 1.
\3\ See footnote 1.
\4\ See footnote 1.
\5\ See footnote 1.
\6\ See footnote 1.
\7\ See footnote 1.
\8\ See footnote 1.
\9\ See footnote 1.
\10\ See footnote 1.
\11\ See footnote 1.
\12\ See footnote 1.
\13\ See footnote 1.
\14\ See footnote 1.
\15\ See footnote 1.
\16\ See footnote 1.
\17\ See footnote 1.
\18\ See footnote 1.
\19\ See footnote 1.
Sec. 6.4 Effective date of adjustments for inflation to civil
monetary penalties.
The Department of Commerce's 2020 adjustments for inflation made by
Sec. 6.3, of the civil monetary penalties there specified, are
effective on January 15, 2020, and said civil monetary penalties, as
thus adjusted by the adjustments for inflation made by Sec. 6.3, apply
only to those civil monetary penalties, including those whose
associated violation predated such adjustment, which are assessed by
the Department of Commerce after the effective date of the new civil
monetary penalty level, and before the effective date of any future
adjustments for inflation to civil monetary penalties thereto made
subsequent to January 15, 2020, as provided in Sec. 6.5.
[[Page 210]]
Sec. 6.5 Subsequent annual adjustments for inflation to civil
monetary penalties.
The Secretary of Commerce or his or her designee by regulation
shall make subsequent adjustments for inflation to the Department of
Commerce's civil monetary penalties annually, which shall take effect
not later than January 15, notwithstanding section 553 of title 5,
United States Code.
[FR Doc. 2019-27864 Filed 1-2-20; 8:45 am]
BILLING CODE 3510-DP-P
