Inflation Adjustment of Civil Monetary Penalties, 1760-1761 [2020-00294]

Download as PDF 1760 Federal Register / Vol. 85, No. 8 / Monday, January 13, 2020 / Rules and Regulations PART 1149—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS 1. The authority citation for part 1149 continues to read as follows: ■ Authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801–3812. DATES: FOR FURTHER INFORMATION CONTACT: William H. Shakely, Acting General Counsel, Federal Maritime Commission, 800 North Capitol Street NW, Room 1018, Washington, DC 20573; (202) 523– 5740. § 1149.9 What civil penalties and assessments may I be subjected to? (a) * * * (1) A civil penalty of not more than $11,664 for each false, fictitious or fraudulent statement or claim; and * * * * * This rule adjusts the civil monetary penalties assessable by the Commission in accordance with the 2015 Act, which became effective on November 2, 2015, section 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) for the month of October in the previous calendar year. On December 16, 2019, the Office of Management and Budget published guidance stating that the CPI–U multiplier for October 2019 is 1.01764.1 In order to complete the adjustment for January 2020, the Commission must multiply the most recent civil penalty amounts in 46 CFR part 506 by the multiplier, 1.01764. SUPPLEMENTARY INFORMATION: PART 1158—NEW RESTRICTIONS ON LOBBYING 3. The authority citation for part 1158 continues to read as follows: ■ Authority: 20 U.S.C. 959; 28 U.S.C. 2461; 31 U.S.C. 1352. [Amended] 4. Amend § 1158.400(a), (b), and (e) by: ■ a. Removing ‘‘$20,134’’ and adding in its place ‘‘$20,478’’ each place it appears. ■ b. Removing ‘‘$201,340’’ and adding in its place ‘‘$204,891.64’’ each place it appears. ■ Appendix A to Part 1158 [Amended] 5. Amend appendix A to part 1158 by: a. Removing ‘‘$20,134’’ and adding in its place ‘‘$20,478’’ each place it appears. ■ b. Removing ‘‘$201,340’’ and adding in its place ‘‘$204,891.64’’ each place it appears. ■ ■ Dated: January 3, 2020. Gregory Gendron, Director of Administrative Services. Rulemaking Analyses and Notices [FR Doc. 2020–00121 Filed 1–10–20; 8:45 am] 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. Notice and Effective Date BILLING CODE P FEDERAL MARITIME COMMISSION 46 CFR Part 506 [Docket No. 20–01] RIN 3072–AC79 khammond on DSKJM1Z7X2PROD with RULES This rule is effective January 15, 2020. 2. Revise § 1149.9(a)(1) to read as follows: ■ § 1158.400 civil monetary penalties assessed or enforced by the Commission, 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. Inflation Adjustment of Civil Monetary Penalties Federal Maritime Commission. Final rule. AGENCY: ACTION: The Federal Maritime Commission (Commission) is publishing this final rule to adjust for inflation the SUMMARY: VerDate Sep<11>2014 15:46 Jan 10, 2020 Jkt 250001 1 Office of Management and Budget, M–20–05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, at 1 (Dec. 16, 2019) (M–20–05). 2 FCPIAA section 4(b)(2); M–20–05 at 4. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 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 describing the impact of the rule on small entities or the head of the agency must certify that the rule will not have a significant economic impact on a substantial number of small entities. 5 U.S.C. 604–605. As indicated above, this final rule is not subject to the APA’s notice and comment requirements, and the Commission is not required to either conduct a regulatory flexibility analysis or certify that the final rule would not have a significant economic impact on a substantial number of small entities. 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 collection 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. The public may use the RIN contained in the heading at the beginning of this document to find this action in the Unified Agenda, available at http:// www.reginfo.gov/public/do/ eAgendaMain. E:\FR\FM\13JAR1.SGM 13JAR1 Federal Register / Vol. 85, No. 8 / Monday, January 13, 2020 / Rules and Regulations List of Subjects in 46 CFR Part 506 PART 506—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT Administrative practice and procedure, Claims, Penalties. ■ For the reasons stated in the preamble, 46 CFR part 506 is amended as follows: ■ 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: 1761 § 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: TABLE 1 TO PARAGRAPH (d) Civil monetary penalty description 46 U.S.C. 42304 .............................. 46 U.S.C. 41107(a) .......................... 46 U.S.C. 44103, 44104 .................. 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 .................. 31 U.S.C. 3802(a)(1) ....................... 31 U.S.C. 3802(a)(2) ....................... Program Fraud Civil Remedies Act/making false claim ........................... Program Fraud Civil Remedies Act/giving false statement ...................... 46 U.S.C. 41107(a) .......................... 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, 44104 .................. By the Commission. Rachel Dickon, Secretary. FOR FURTHER INFORMATION CONTACT: Alexander Minard, Wireline Competition Bureau, (202) 418–7400 or TTY: (202) 418–0484. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order in WC Docket No. 10–90; DA 19–1165, adopted and released on November 12, 2019. The full text of the document is available for public inspection during regular business hours in the FCC Reference Center, Room CY–A257, 445 12th Street SW, Washington, DC 20554 or at the following internet address: https://docs.fcc.gov/public/ attachments/DA-19-1165A1.pdf. [FR Doc. 2020–00294 Filed 1–10–20; 8:45 am] BILLING CODE 6731–AA–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket No. 10–90; DA 19–1165; FRS 16332] Connect America Fund AGENCY: I. Introduction In this document, the Wireline Competition Bureau (the Bureau) establishes procedures to ensure swift and efficient administration of the voluntary process for the long-form applicants in the Connect America Phase II Auction (Phase II Auction) to facilitate postauction review of the defined deployment obligations (and associated support) on a state-by-state basis when the total number of actual locations in eligible areas is less than the number of funded locations. DATES: Effective February 12, 2020. 1. The Phase II Auction is one part of a multi-step process comprehensively reforming and modernizing the highcost component of the Universal Service Fund. At the conclusion of this auction, 103 bidders won $1.49 billion in support over 10 years to provide fixed broadband and voice services to over 700,000 locations in high-cost areas in 45 states. Then, 134 applicants submitted the long-form application portion of the FCC Form 683 by the October 15, 2018 deadline. For these long-form applicants, the Commission created a voluntary process to facilitate post-auction review of the defined deployment obligations (and associated support) on a state-by-state basis when Federal Communications Commission. ACTION: Final action. SUMMARY: khammond on DSKJM1Z7X2PROD with RULES Maximum penalty as of January 15, 2019 United States Code citation VerDate Sep<11>2014 15:46 Jan 10, 2020 Jkt 250001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 Maximum penalty as of January 15, 2020 $2,103,861 60,039 $2,140,973 61,098 12,007 12,219 120,079 9,472 1,894,261 94,713 122,197 9,639 1,927,676 96,384 23,924 798 23,924 798 11,463 11,463 24,346 812 24,346 812 11,665 11,665 the total number of actual locations in eligible areas is less than the number of funded locations. The Bureau in the Order establishes procedures to ensure swift and efficient administration of this process. II. Discussion 2. In the Order, the Bureau establishes an Eligible Locations Adjustment Process (ELAP) consistent with the parameters set forth in the Phase II Auction Reconsideration Order, 83 FR 15982, April 13, 2018, and prior Commission guidance for making adjustments to defined deployment obligations. The Bureau adopts a challenge framework, generally as proposed in the Locations Adjustment Public Notice, 83 FR 49040, September 28, 2018. After setting forth this framework, the Bureau follows with more detailed information regarding evidentiary standards, location data formatting, confidentiality of information, and future postadjudication verification. The Bureau conforms this process, where necessary, to the requirements of the Privacy Act of 1974, as amended, and related federal rules. 3. Participant Submission. This process begins with a new, one-time collection of information from support recipients that seek to participate in ELAP (participants) that includes E:\FR\FM\13JAR1.SGM 13JAR1

Agencies

[Federal Register Volume 85, Number 8 (Monday, January 13, 2020)]
[Rules and Regulations]
[Pages 1760-1761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00294]


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FEDERAL MARITIME COMMISSION

46 CFR Part 506

[Docket No. 20-01]
RIN 3072-AC79


Inflation Adjustment of Civil Monetary Penalties

AGENCY: Federal Maritime Commission.

ACTION: Final rule.

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

SUMMARY: The Federal Maritime Commission (Commission) is publishing 
this final rule to adjust for inflation the civil monetary penalties 
assessed or enforced by the Commission, 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 January 15, 2020.

FOR FURTHER INFORMATION CONTACT: William H. Shakely, Acting 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, section 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) for the month of October in the 
previous calendar year. On December 16, 2019, the Office of Management 
and Budget published guidance stating that the CPI-U multiplier for 
October 2019 is 1.01764.\1\ In order to complete the adjustment for 
January 2020, the Commission must multiply the most recent civil 
penalty amounts in 46 CFR part 506 by the multiplier, 1.01764.
---------------------------------------------------------------------------

    \1\ Office of Management and Budget, M-20-05, Implementation of 
Penalty Inflation Adjustments for 2020, Pursuant to the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 
at 1 (Dec. 16, 2019) (M-20-05).
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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-20-05 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 describing the impact of the rule 
on small entities or the head of the agency must certify that the rule 
will not have a significant economic impact on a substantial number of 
small entities. 5 U.S.C. 604-605. As indicated above, this final rule 
is not subject to the APA's notice and comment requirements, and the 
Commission is not required to either conduct a regulatory flexibility 
analysis or certify that the final rule would not have a significant 
economic impact on a substantial number of small entities.

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 
collection 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. The public may use the RIN contained in the heading at the 
beginning of this document to find this action in the Unified Agenda, 
available at http://www.reginfo.gov/public/do/eAgendaMain.

[[Page 1761]]

List of Subjects in 46 CFR Part 506

    Administrative practice and procedure, Claims, Penalties.

    For the reasons stated in the preamble, 46 CFR part 506 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:

                                            Table 1 to Paragraph (d)
----------------------------------------------------------------------------------------------------------------
                                                                                      Maximum         Maximum
                                                     Civil monetary penalty        penalty as of   penalty as of
          United States Code citation                      description              January 15,     January 15,
                                                                                       2019            2020
----------------------------------------------------------------------------------------------------------------
46 U.S.C. 42304...............................  Adverse impact on U.S. carriers       $2,103,861      $2,140,973
                                                 by foreign shipping practices.
46 U.S.C. 41107(a)............................  Knowing and Willful violation/            60,039          61,098
                                                 Shipping Act of 1984, or
                                                 Commission regulation or order.
46 U.S.C. 41107(a)............................  Violation of Shipping Act of              12,007          12,219
                                                 1984, Commission regulation or
                                                 order, not knowing and willful.
46 U.S.C. 41108(b)............................  Operating in foreign commerce            120,079         122,197
                                                 after tariff suspension.
46 U.S.C. 42104...............................  Failure to provide required                9,472           9,639
                                                 reports, etc./Merchant Marine
                                                 Act of 1920.
46 U.S.C. 42106...............................  Adverse shipping conditions/           1,894,261       1,927,676
                                                 Merchant Marine Act of 1920.
46 U.S.C. 42108...............................  Operating after tariff or                 94,713          96,384
                                                 service contract suspension/
                                                 Merchant Marine Act of 1920.
46 U.S.C. 44102, 44104........................  Failure to establish financial            23,924          24,346
                                                 responsibility for non-                     798             812
                                                 performance of transportation.
46 U.S.C. 44103, 44104........................  Failure to establish financial            23,924          24,346
                                                 responsibility for death or                 798             812
                                                 injury.
31 U.S.C. 3802(a)(1)..........................  Program Fraud Civil Remedies Act/         11,463          11,665
                                                 making false claim.
31 U.S.C. 3802(a)(2)..........................  Program Fraud Civil Remedies Act/         11,463          11,665
                                                 giving false statement.
----------------------------------------------------------------------------------------------------------------


    By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2020-00294 Filed 1-10-20; 8:45 am]
 BILLING CODE 6731-AA-P