Inflation Adjustment of Civil Monetary Penalties, 10063-10064 [2020-02712]

Download as PDF Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Rules and Regulations Accordingly, we conclude that the rule does not contain policies that have tribal implications as defined in the E.O. and, consequently, a tribal summary impact statement is not required. XII. References The following references marked with an asterisk (*) are on display at the Dockets Management Staff (see ADDRESSES) and are available for viewing by interested persons between 9 a.m. and 4 p.m., Monday through Friday; they also are available electronically at https:// www.regulations.gov. References without asterisks are not on public display at https://www.regulations.gov because they have copyright restriction. Some may be available at the website address, if listed. References without asterisks are available for viewing only at the Dockets Management Staff. FDA has verified the website addresses, as of the date this document publishes in the Federal Register, but websites are subject to change over time. Dated: February 18, 2020. Stephen M. Hahn, Commissioner of Food and Drugs. [FR Doc. 2020–03505 Filed 2–20–20; 8:45 am] 1. Su, M., Y. Ling, J. Yu, et al. ‘‘Small Proteins: Untapped Area of Potential Biological Importance,’’ Frontiers in Genetics, vol. 4, p.286, 2013. 2. Galindo, M. I., J. I. Pueyo, S. Foux, et al.’’Peptides Encoded by Short ORFs Control Development and Define a New Eukaryotic Gene Family’’ PLoS Biology, vol. 5, p. e106, 2007. 3. *FDA, Regulatory Impact Analysis, ‘‘Definition of the Term ‘Biological Product,’’’ available at https://www.fda.gov/AboutFDA/ ReportsManualsForms/Reports/Economic Analyses/default.htm. BILLING CODE 4164–01–P List of Subjects in 21 CFR Part 600 SUMMARY: Biologics, Reporting and recordkeeping requirements. Therefore, under the Federal Food, Drug, and Cosmetic Act and under authority delegated to the Commissioner of Food and Drugs, 21 CFR part 600 is amended as follows: PART 600—BIOLOGICAL PRODUCTS: GENERAL 1. The authority citation for part 600 continues to read as follows: ■ Authority: 21 U.S.C. 321, 351, 352, 353, 355, 356c, 356e, 360, 360i, 371, 374, 379k– 1; 42 U.S.C. 216, 262, 263, 263a, 264. 2. Amend § 600.3 by revising paragraph (h) introductory text and adding paragraph (h)(6) to read as follows: ■ khammond on DSKJM1Z7X2PROD with RULES derivative, allergenic product, protein, or analogous product, or arsphenamine or derivative of arsphenamine (or any other trivalent organic arsenic compound), applicable to the prevention, treatment, or cure of a disease or condition of human beings. * * * * * (6) A protein is any alpha amino acid polymer with a specific, defined sequence that is greater than 40 amino acids in size. When two or more amino acid chains in an amino acid polymer are associated with each other in a manner that occurs in nature, the size of the amino acid polymer for purposes of this paragraph (h)(6) will be based on the total number of amino acids in those chains, and will not be limited to the number of amino acids in a contiguous sequence. * * * * * § 600.3 Definitions. * * * * * (h) Biological product means a virus, therapeutic serum, toxin, antitoxin, vaccine, blood, blood component or VerDate Sep<11>2014 17:38 Feb 20, 2020 Jkt 250001 DEPARTMENT OF THE TREASURY Office of the Secretary of the Treasury 31 CFR Parts 27 and 50 Inflation Adjustment of Civil Monetary Penalties Departmental Offices Treasury. Final rule. AGENCY: ACTION: The Department of the Treasury (‘‘Department’’ or ‘‘Treasury’’) publishes this final rule to adjust its civil monetary penalties (‘‘CMPs’’) for inflation as mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (collectively referred to herein as ‘‘the Act’’). This rule adjusts CMPs within the jurisdiction of two components of the Department to the maximum amount required by the Act. DATES: The adjustments to the CMPs set forth in 31 CFR part 27 and 31 CFR part 50 are effective February 21, 2020. FOR FURTHER INFORMATION CONTACT: For information regarding the Terrorism Risk Insurance Program’s CMPs, contact Richard Ifft, Senior Insurance Regulatory Policy Analyst, Federal Insurance Office, Room 1410 MT, Department of the Treasury, 1500 Pennsylvania Avenue NW, Washington, DC 20220, at (202) 622–2922 (not a tollfree number), or Lindsey Baldwin, PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 10063 Senior Policy Analyst, Federal Insurance Office, at (202) 622–3220 (not a toll free number). Persons who have difficulty hearing or speaking may access these numbers via TTY by calling the toll-free Federal Relay Service at (800) 877–8339. For information regarding the Treasury-wide CMP, contact Richard Dodson, Senior Counsel, General Law, Ethics, and Regulation, 202–622–9949. SUPPLEMENTARY INFORMATION: I. Background In order to improve the effectiveness of CMPs and to maintain their deterrent effect, the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note (‘‘the Inflation Adjustment Act’’), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114–74) (‘‘the 2015 Act’’), requires Federal agencies to adjust each CMP provided by law within the jurisdiction of the agency. The 2015 Act requires agencies to adjust the level of CMPs with an initial ‘‘catch-up’’ adjustment through an interim final rulemaking and to make subsequent annual adjustments for inflation, without needing to provide notice and the opportunity for public comment required by 5 U.S.C. 553. The Department’s initial catch-up adjustment interim final rules were published on December 7, 2016 (Departmental Offices) (81 FR 88600), and for 31 CFR part 27, on February 11, 2019 (84 FR 3105). The Department’s 2018 annual adjustment was published on March 19, 2018 (83 FR 11876), and the Department’s 2019 annual adjustment was published on April 17, 2019 (84 FR 15955). The 2015 Act provides that any increase in a CMP shall apply to CMPs that are assessed after the date the increase takes effect, regardless of whether the underlying violation predated such increase.1 II. Method of Calculation The method of calculating CMP adjustments applied in this final rule is required by the 2015 Act. Under the 2015 Act and the Office of Management and Budget guidance required by the 2015 Act, annual inflation adjustments subsequent to the initial catch-up adjustment are to be based on the percent change between the Consumer Price Index for all Urban Consumers (‘‘CPI–U’’) for the October preceding the date of the adjustment and the prior 1 However, the increased CMPs apply only with respect to underlying violations occurring after the date of enactment of the 2015 Act, i.e., after November 2, 2015. E:\FR\FM\21FER1.SGM 21FER1 10064 Federal Register / Vol. 85, No. 35 / Friday, February 21, 2020 / Rules and Regulations year’s October CPI–U. As set forth in Office of Management and Budget Memorandum M–20–05 of December 16, 2019, the adjustment multiplier for 2019 is 1.01764. In order to complete the 2019 annual adjustment, each current CMP is multiplied by the 2020 adjustment multiplier. Under the 2015 Act, any increase in CMP must be rounded to the nearest multiple of $1. of the Code of Federal Regulations are amended as follows: ENVIRONMENTAL PROTECTION AGENCY PART 27—CIVIL PENALTY ASSESSMENT FOR MISUSE OF DEPARTMENT OF THE TREASURY NAMES, SYMBOLS, ETC. 40 CFR Part 52 1. The authority citation for part 27 continues to read as follows: ■ Procedural Matters Authority: 31 U.S.C. 321, 333 1. Administrative Procedure Act 2. Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. 3. Executive Order 12866 This rule is not a significant regulatory action as defined in section 3.f of Executive Order 12866. 4. 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. List of Subjects 31 CFR Part 27 khammond on DSKJM1Z7X2PROD with RULES 2. Amend § 27.3 by revising paragraph (c) to read as follows: ■ The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701(b)) requires agencies, beginning in 2017, to make annual adjustments for inflation to CMPs, without needing to provide notice and the opportunity for public comment and a delayed effective date required by 5 U.S.C. 553. Additionally, the methodology used, effective 2017, for adjusting CMPs for inflation is provided by statute, with no discretion provided to agencies regarding the substance of the adjustments for inflation to CMPs. The Department is charged only with performing ministerial computations to determine the dollar amount of adjustments for inflation to CMPs. Accordingly, prior public notice, an opportunity for public comment, and a delayed effective date are not required for this rule. § 27.3 Assessment of civil penalties. * * * * * (c) Civil Penalty. An assessing official may impose a civil penalty on any person who violates the provisions of paragraph (a) of this section. The amount of a civil monetary penalty shall not exceed $8,116 for each and every use of any material in violation of paragraph (a), except that such penalty shall not exceed $40,576 for each and every use if such use is in a broadcast or telecast. * * * * * PART 50—TERRORISM RISK INSURANCE PROGRAM 3. The authority citation for part 50 is revised to read as follows: ■ Authority: 5 U.S.C. 301; 31 U.S.C. 321; Title I, Pub. L. 107–297, 116 Stat. 2322, as amended by Pub. L. 109–144, 119 Stat. 2660, Pub. L. 110–160, 121 Stat. 1839, Pub. L. 114– 1, 129 Stat. 3, and Pub. L. 116–94, 133 Stat. 2534 (15 U.S.C. 6701 note); Pub. L. 114–74, 129 Stat. 601, Title VII (28 U.S.C. 2461 note). 4. Amend § 50.83(a) to read as follows: ■ § 50.83 Adjustment of civil monetary penalty amount. (a) Inflation Adjustment. Any penalty under the Act and these regulations may not exceed the greater of $1,419,442 and, in the case of any failure to pay, charge, collect or remit amounts in accordance with the Act or these regulations such amount in dispute. * * * * * David B. Dwyer, Executive Secretary. Administrative Practice and Procedure, Penalties. [FR Doc. 2020–02712 Filed 2–20–20; 8:45 am] 31 CFR Part 50 BILLING CODE 4810–25–P Insurance, Terrorism. Authority and Issuance For the reasons set forth in the preamble, part 27 and part 50 of title 31 VerDate Sep<11>2014 17:38 Feb 20, 2020 Jkt 250001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 [EPA–R05–OAR–2018–0634; FRL–10005– 34–Region 5] Air Plan Approval; Indiana; Revisions to NOX SIP Call and CAIR Rules Environmental Protection Agency (EPA). ACTION: Direct final rule. AGENCY: The Environmental Protection Agency (EPA) is approving under the Clean Air Act (CAA) a request from the Indiana Department of Environmental Management (IDEM) to revise the Indiana State Implementation Plan (SIP) to incorporate the following: A new rule concerning nitrogen oxide (NOX) emissions for the ozone season from Electric Generating Units (EGUs) and large non-EGUs; revisions concerning NOX emission rate limits for specific source categories; the repeal of the NOX Budget Trading Program; and the repeal of the Clean Air Interstate Rule (CAIR) NOX ozone season trading program. This SIP revision will ensure continued compliance by EGUs and large nonEGUs with the requirements of the NOX SIP Call. DATES: This direct final rule is effective April 21, 2020, unless EPA receives adverse comments by March 23, 2020. If adverse comments are received, EPA will publish a timely withdrawal of the direct final rule in the Federal Register informing the public that the rule will not take effect. ADDRESSES: Submit your comments, identified by Docket ID No. EPA–R05– OAR–2018–0634 at https:// www.regulations.gov or via email to arra.sarah@epa.gov. For comments submitted at Regulations.gov, follow the online instructions for submitting comments. Once submitted, comments cannot be edited or removed from Regulations.gov. For either manner of submission, EPA may publish any comment received to its public docket. Do not submit electronically any information you consider to be Confidential Business Information (CBI) or other information whose disclosure is restricted by statute. Multimedia submissions (audio, video, etc.) must be accompanied by a written comment. The written comment is considered the official comment and should include discussion of all points you wish to make. EPA will generally not consider comments or comment contents located outside of the primary submission (i.e., on the web, cloud, or other file sharing system). For additional submission SUMMARY: E:\FR\FM\21FER1.SGM 21FER1

Agencies

[Federal Register Volume 85, Number 35 (Friday, February 21, 2020)]
[Rules and Regulations]
[Pages 10063-10064]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-02712]


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DEPARTMENT OF THE TREASURY

Office of the Secretary of the Treasury

31 CFR Parts 27 and 50


Inflation Adjustment of Civil Monetary Penalties

AGENCY: Departmental Offices Treasury.

ACTION: Final rule.

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SUMMARY: The Department of the Treasury (``Department'' or 
``Treasury'') publishes this final rule to adjust its civil monetary 
penalties (``CMPs'') for inflation as mandated by the Federal Civil 
Penalties Inflation Adjustment Act of 1990, as amended by the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 
(collectively referred to herein as ``the Act''). This rule adjusts 
CMPs within the jurisdiction of two components of the Department to the 
maximum amount required by the Act.

DATES: The adjustments to the CMPs set forth in 31 CFR part 27 and 31 
CFR part 50 are effective February 21, 2020.

FOR FURTHER INFORMATION CONTACT: For information regarding the 
Terrorism Risk Insurance Program's CMPs, contact Richard Ifft, Senior 
Insurance Regulatory Policy Analyst, Federal Insurance Office, Room 
1410 MT, Department of the Treasury, 1500 Pennsylvania Avenue NW, 
Washington, DC 20220, at (202) 622-2922 (not a toll-free number), or 
Lindsey Baldwin, Senior Policy Analyst, Federal Insurance Office, at 
(202) 622-3220 (not a toll free number). Persons who have difficulty 
hearing or speaking may access these numbers via TTY by calling the 
toll-free Federal Relay Service at (800) 877-8339.
    For information regarding the Treasury-wide CMP, contact Richard 
Dodson, Senior Counsel, General Law, Ethics, and Regulation, 202-622-
9949.

SUPPLEMENTARY INFORMATION:

I. Background

    In order to improve the effectiveness of CMPs and to maintain their 
deterrent effect, the Federal Civil Penalties Inflation Adjustment Act 
of 1990, 28 U.S.C. 2461 note (``the Inflation Adjustment Act''), as 
amended by the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (Pub. L. 114-74) (``the 2015 Act''), requires 
Federal agencies to adjust each CMP provided by law within the 
jurisdiction of the agency. The 2015 Act requires agencies to adjust 
the level of CMPs with an initial ``catch-up'' adjustment through an 
interim final rulemaking and to make subsequent annual adjustments for 
inflation, without needing to provide notice and the opportunity for 
public comment required by 5 U.S.C. 553. The Department's initial 
catch-up adjustment interim final rules were published on December 7, 
2016 (Departmental Offices) (81 FR 88600), and for 31 CFR part 27, on 
February 11, 2019 (84 FR 3105). The Department's 2018 annual adjustment 
was published on March 19, 2018 (83 FR 11876), and the Department's 
2019 annual adjustment was published on April 17, 2019 (84 FR 15955). 
The 2015 Act provides that any increase in a CMP shall apply to CMPs 
that are assessed after the date the increase takes effect, regardless 
of whether the underlying violation predated such increase.\1\
---------------------------------------------------------------------------

    \1\ However, the increased CMPs apply only with respect to 
underlying violations occurring after the date of enactment of the 
2015 Act, i.e., after November 2, 2015.
---------------------------------------------------------------------------

II. Method of Calculation

    The method of calculating CMP adjustments applied in this final 
rule is required by the 2015 Act. Under the 2015 Act and the Office of 
Management and Budget guidance required by the 2015 Act, annual 
inflation adjustments subsequent to the initial catch-up adjustment are 
to be based on the percent change between the Consumer Price Index for 
all Urban Consumers (``CPI-U'') for the October preceding the date of 
the adjustment and the prior

[[Page 10064]]

year's October CPI-U. As set forth in Office of Management and Budget 
Memorandum M-20-05 of December 16, 2019, the adjustment multiplier for 
2019 is 1.01764. In order to complete the 2019 annual adjustment, each 
current CMP is multiplied by the 2020 adjustment multiplier. Under the 
2015 Act, any increase in CMP must be rounded to the nearest multiple 
of $1.

Procedural Matters

1. Administrative Procedure Act
    The Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (Section 701(b)) requires agencies, beginning in 2017, to 
make annual adjustments for inflation to CMPs, without needing to 
provide notice and the opportunity for public comment and a delayed 
effective date required by 5 U.S.C. 553. Additionally, the methodology 
used, effective 2017, for adjusting CMPs for inflation is provided by 
statute, with no discretion provided to agencies regarding the 
substance of the adjustments for inflation to CMPs. The Department is 
charged only with performing ministerial computations to determine the 
dollar amount of adjustments for inflation to CMPs. Accordingly, prior 
public notice, an opportunity for public comment, and a delayed 
effective date are not required for this rule.
2. Regulatory Flexibility Act
    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply.
3. Executive Order 12866
    This rule is not a significant regulatory action as defined in 
section 3.f of Executive Order 12866.
4. 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.

List of Subjects

31 CFR Part 27

    Administrative Practice and Procedure, Penalties.

31 CFR Part 50

    Insurance, Terrorism.

Authority and Issuance

    For the reasons set forth in the preamble, part 27 and part 50 of 
title 31 of the Code of Federal Regulations are amended as follows:

PART 27--CIVIL PENALTY ASSESSMENT FOR MISUSE OF DEPARTMENT OF THE 
TREASURY NAMES, SYMBOLS, ETC.

0
1. The authority citation for part 27 continues to read as follows:

    Authority: 31 U.S.C. 321, 333


0
2. Amend Sec.  27.3 by revising paragraph (c) to read as follows:


Sec.  27.3  Assessment of civil penalties.

* * * * *
    (c) Civil Penalty. An assessing official may impose a civil penalty 
on any person who violates the provisions of paragraph (a) of this 
section. The amount of a civil monetary penalty shall not exceed $8,116 
for each and every use of any material in violation of paragraph (a), 
except that such penalty shall not exceed $40,576 for each and every 
use if such use is in a broadcast or telecast.
* * * * *

PART 50--TERRORISM RISK INSURANCE PROGRAM

0
3. The authority citation for part 50 is revised to read as follows:

    Authority: 5 U.S.C. 301; 31 U.S.C. 321; Title I, Pub. L. 107-
297, 116 Stat. 2322, as amended by Pub. L. 109-144, 119 Stat. 2660, 
Pub. L. 110-160, 121 Stat. 1839, Pub. L. 114-1, 129 Stat. 3, and 
Pub. L. 116-94, 133 Stat. 2534 (15 U.S.C. 6701 note); Pub. L. 114-
74, 129 Stat. 601, Title VII (28 U.S.C. 2461 note).


0
4. Amend Sec.  50.83(a) to read as follows:


Sec.  50.83  Adjustment of civil monetary penalty amount.

    (a) Inflation Adjustment. Any penalty under the Act and these 
regulations may not exceed the greater of $1,419,442 and, in the case 
of any failure to pay, charge, collect or remit amounts in accordance 
with the Act or these regulations such amount in dispute.
* * * * *

David B. Dwyer,
Executive Secretary.
[FR Doc. 2020-02712 Filed 2-20-20; 8:45 am]
 BILLING CODE 4810-25-P
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