Inflation Adjustment of Civil Monetary Penalties, 2560-2562 [2021-00323]
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Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations
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......do ...............
Do.
Region VII
Iowa:
Ames, City of, Story County ..................
190254
......do ...............
Do.
Cambridge, City of, Story County .........
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......do ...............
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......do ...............
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Huxley, City of, Story County ................
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......do ...............
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......do ...............
Do.
Slater, City of, Story County ..................
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......do ...............
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Story City, City of, Story County ..................
190259
......do ...............
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Zearing, City of, Story County ...............
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2006, Reg; January 15, 2021, Susp.
April 23, 1975, Emerg; February 1, 1987,
Reg; January 15, 2021, Susp.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
......do ...............
Do.
080296
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Areas.
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Counties.
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*-do- = Ditto.
Code for reading third column: Emerg.—Emergency; Reg.—Regular; Susp.—Suspension.
Katherine B. Fox,
Assistant Administrator for Mitigation,
Federal Insurance and Mitigation
Administration—FEMA Resilience,
Department of Homeland Security, Federal
Emergency Management Agency.
[FR Doc. 2021–00609 Filed 1–12–21; 8:45 am]
BILLING CODE 9110–12–P
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 21–01]
RIN 3072–AC85
Inflation Adjustment of Civil Monetary
Penalties
Federal Maritime Commission.
Final rule.
AGENCY:
ACTION:
VerDate Sep<11>2014
16:05 Jan 12, 2021
Jkt 253001
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,
2021.
FOR FURTHER INFORMATION CONTACT:
Rachel E. Dickon, Secretary; Phone:
(202) 523–5725; Email: secretary@
fmc.gov.
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.
Public Law 114–74, section 701. The
2015 Act further amended the Federal
SUMMARY:
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Fmt 4700
Sfmt 4700
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 23, 2020, the Office of
Management and Budget published
guidance stating that the CPI–U
multiplier for October 2020 is 1.01182.1
In order to complete the adjustment for
1 Office of Management and Budget, M–21–10,
Implementation of Penalty Inflation Adjustments
for 2021, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of
2015, at 1 (Dec. 23, 2020) (M–21–10).
E:\FR\FM\13JAR1.SGM
13JAR1
2561
Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations
January 2021, the Commission must
multiply the most recent civil penalty
amounts in 46 CFR part 506 by the
multiplier, 1.01182.
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.
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 https://
www.reginfo.gov/public/do/
eAgendaMain.
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
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:
TABLE 1 TO PARAGRAPH (d)
Maximum
penalty as of
January 15,
2020
United States Code citation
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 .................
2 FCPIAA
section 4(b)(2); M–21–10 at 3.
VerDate Sep<11>2014
16:05 Jan 12, 2021
Jkt 253001
PO 00000
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Fmt 4700
Sfmt 4700
E:\FR\FM\13JAR1.SGM
13JAR1
Maximum
penalty as of
January 15,
2021
$2,140,973
61,098
$2,166,279
61,820
12,219
12,363
122,197
9,639
1,927,676
96,384
123,641
9,753
1,950,461
97,523
24,346
812
24,346
812
11,665
11,665
24,634
822
24,634
822
11,803
11,803
2562
Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations
By the Commission.
Rachel Dickon,
Secretary.
the Government Accountability Office
pursuant to the Congressional Review
Act, 5 U.S.C. 801(a)(1)(A).
[FR Doc. 2021–00323 Filed 1–12–21; 8:45 am]
Final Paperwork Reduction Act of 1995
Analysis
The Report and Order does not
contain any new or modified
information collection requirements
subject to the Paperwork Reduction Act
of 1995, Public Law 104–13. It,
therefore, does not contain any new or
modified information collection burden
for small business concerns with fewer
than 25 employees, pursuant to the
Small Business Paperwork Relief Act of
2002, Public Law 107–198, see 44 U.S.C.
3506(c)(4).
BILLING CODE 6730–02–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[CG Docket No. 20–93; FCC 20–171; FRS
17291]
Protecting Consumers From One-Ring
Scams
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission (FCC or
Commission) implements section 12 of
the TRACED Act in order to enable
voice service providers to block calls
from numbers associated with a type of
illegal robocall known as a one-ring
scam. The Commission also, pursuant to
the TRACED Act, expands collaborative
law enforcement and consumer
education activities to stop one-ring
scams and other fraudulent and abusive
robocalling practices. The measures
adopted by the Commission empower
voice service providers to stop these
illegal robocalls and will give
consumers substantial additional
protection from these scams.
DATES: Effective February 12, 2021.
FOR FURTHER INFORMATION CONTACT:
Mika Savir of the Consumer Policy
Division, Consumer and Governmental
Affairs Bureau, at mika.savir@fcc.gov or
(202) 418–0384.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Report
and Order, FCC 20–171, CG Docket No.
20–93, adopted on November 24, 2020,
and released on November 30, 2020.
The full text of this document is
available online at https://docs.fcc.gov/
public/attachments/FCC-20171A1.docx. To request this document
in accessible formats for people with
disabilities (e.g., Braille, large print,
electronic files, audio format) or to
request reasonable accommodations
(e.g., accessible format documents, sign
language interpreters, CART), send an
email to fcc504@fcc.gov or call the
FCC’s Consumer and Governmental
Affairs Bureau at (202) 418–0530
(voice), (202) 418–0432 (TTY).
SUMMARY:
Congressional Review Act
The Commission sent a copy of
document FCC 20–171 to Congress and
VerDate Sep<11>2014
16:05 Jan 12, 2021
Jkt 253001
Synopsis
1. In the Report and Order, the
Commission implements section 12 of
the Pallone-Thune Telephone Robocall
Abuse Criminal Enforcement Act
(TRACED Act), Public Law 116–105, 12,
December 30, 2019, 133 Stat. 3286
(codified at 47 U.S.C. 227 note). Section
12 of the TRACED Act directs the
Commission to consider taking
additional steps to protect called parties
from a type of illegal call known as the
one-ring scam. In the Report and Order,
the Commission adopts the proposal in
the Notice of Proposed Rulemaking
(NPRM), published at 85 FR 30672, May
20, 2020, with some minor
modifications. The Commission adds a
new paragraph (k)(2)(iv) to 47 CFR
64.2400 to allow voice service providers
to block all calls from a telephone
number that the provider identifies,
based on reasonable analytics, as highly
likely to be associated with a one-ring
scam. The Commission also adopts a
definition of one-ring scam in paragraph
(f)(8) that is consistent with the
definition set forth in the proposed rule:
The term one-ring scam means a scam
in which a caller makes a call and
allows the call to ring the called party
for a short duration, in order to prompt
the called party to return the call,
thereby subjecting the called party to
charges.
2. Based on the record, the
Commission concludes that these rule
changes will help protect consumers
from the scam and, consistent with
section 12(b)(4) of the TRACED Act, will
incentivize voice service providers to
stop calls made to perpetrate one-ring
scams from being received by called
parties. This rule amendment is also
consistent with the congressional
directive in the same section of the
statute regarding the addition of
identified one-ring scam type numbers
to the Commission’s existing list of
permissible categories for carrier-
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
initiated blocking. In addition, pursuant
to section 12(b)(5) of the TRACED Act,
this rule takes into account and relies,
in part, on the work of entities that
provide call-blocking services to address
one-ring scams.
3. One-ring scam calls serve no
beneficial purpose, and thus no
reasonable consumer would want to
receive them. Accordingly, the
Commission does not require
terminating providers to give their
customers an opportunity to opt out of
the blocking of such calls. The
Commission encourages voice service
providers to implement call-blocking
measures that will help eliminate or
reduce the number of one-ring scam
calls that reach consumers.
4. The Commission also extends to
one-ring scam blocking the safe harbor
for inadvertent blocking of wanted
robocalls using reasonable analytics.
This safe harbor gives voice service
providers assurance that blocking of
one-ring scam calls based on reasonable
analytics will not result in liability if
they inadvertently block wanted calls,
and it thus strengthens their ability and
incentive to protect consumers from
such scams. For this reason, the
Commission is adding a reference to
reasonable analytics—a term that was
not included in the rule text proposed
in the NPRM—to paragraph (k)(2)(iv) of
the final rule.
5. While voice service providers
already have authority to block illegal
one-ring scam calls, the rule adopted
herein will remove any doubt that voice
service providers may lawfully use
reasonable analytics to identify and
block calls that appear to be one-ring
scam calls, even if such identification
proves to be erroneous in any particular
instance; that they may do so without
fear of liability for inadvertently
blocking wanted calls; and that they
may do so on a network-wide basis. The
Commission believes this will strongly
encourage voice service providers to
take a more aggressive approach to
blocking one-ring scam calls and thus
will further protect consumers from
such scams.
6. Some commenters recommended
that the Commission focus on
combatting one-ring scam calls that
fraudulently induce consumers to place
calls to premium-rate numbers under a
foreign government’s national
numbering plan, subject to analytics
that suggest reasonable cause to treat
such inbound calls as scam calls. The
Commission agrees that voice service
providers could block such inbound
calls if they satisfy the applicable
criteria in the rules.
E:\FR\FM\13JAR1.SGM
13JAR1
]]>Agencies
[Federal Register Volume 86, Number 8 (Wednesday, January 13, 2021)]
[Rules and Regulations]
[Pages 2560-2562]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00323]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 21-01]
RIN 3072-AC85
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, 2021.
FOR FURTHER INFORMATION CONTACT: Rachel E. Dickon, Secretary; Phone:
(202) 523-5725; Email: [email protected].
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. Public Law 114-74, section
701. 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 23, 2020, the Office of Management
and Budget published guidance stating that the CPI-U multiplier for
October 2020 is 1.01182.\1\ In order to complete the adjustment for
[[Page 2561]]
January 2021, the Commission must multiply the most recent civil
penalty amounts in 46 CFR part 506 by the multiplier, 1.01182.
---------------------------------------------------------------------------
\1\ Office of Management and Budget, M-21-10, Implementation of
Penalty Inflation Adjustments for 2021, Pursuant to the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015,
at 1 (Dec. 23, 2020) (M-21-10).
---------------------------------------------------------------------------
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-21-10 at 3.
---------------------------------------------------------------------------
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 https://www.reginfo.gov/public/do/eAgendaMain.
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 penalty Maximum penalty
United States Code citation Civil monetary penalty description as of January as of January
15, 2020 15, 2021
----------------------------------------------------------------------------------------------------------------
46 U.S.C. 42304........................... Adverse impact on U.S. carriers by $2,140,973 $2,166,279
foreign shipping practices.
46 U.S.C. 41107(a)........................ Knowing and Willful violation/ 61,098 61,820
Shipping Act of 1984, or
Commission regulation or order.
46 U.S.C. 41107(a)........................ Violation of Shipping Act of 1984, 12,219 12,363
Commission regulation or order,
not knowing and willful.
46 U.S.C. 41108(b)........................ Operating in foreign commerce 122,197 123,641
after tariff suspension.
46 U.S.C. 42104........................... Failure to provide required 9,639 9,753
reports, etc./Merchant Marine Act
of 1920.
46 U.S.C. 42106........................... Adverse shipping conditions/ 1,927,676 1,950,461
Merchant Marine Act of 1920.
46 U.S.C. 42108........................... Operating after tariff or service 96,384 97,523
contract suspension/Merchant
Marine Act of 1920.
46 U.S.C. 44102, 44104.................... Failure to establish financial 24,346 24,634
responsibility for non- 812 822
performance of transportation.
46 U.S.C. 44103, 44104.................... Failure to establish financial 24,346 24,634
responsibility for death or 812 822
injury.
31 U.S.C. 3802(a)(1)...................... Program Fraud Civil Remedies Act/ 11,665 11,803
making false claim.
31 U.S.C. 3802(a)(2)...................... Program Fraud Civil Remedies Act/ 11,665 11,803
giving false statement.
----------------------------------------------------------------------------------------------------------------
[[Page 2562]]
By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2021-00323 Filed 1-12-21; 8:45 am]
BILLING CODE 6730-02-P
