Adjustment of Applicable Schedule Amount, 18895-18896 [2021-07427]

Download as PDF Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Rules and Regulations within a 73-mile radius of the Homer Airport, AK. * * * * * Issued in Washington, DC, on April 7, 2021. George Gonzalez, Acting Manager, Rules and Regulations Group. [FR Doc. 2021–07432 Filed 4–9–21; 8:45 am] BILLING CODE 4910–13–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 501 Adjustment of Applicable Schedule Amount Office of Foreign Assets Control, Treasury. ACTION: Final rule. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is issuing this final rule to make a technical amendment to the definition of ‘‘applicable schedule amount’’ in its regulations. In recent years, OFAC has adjusted its civil monetary penalties (CMPs) as required by the Federal Civil Penalties Inflation Adjustment Act, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. While OFAC’s ‘‘applicable schedule amount’’ values are not civil monetary penalties that are required to be adjusted pursuant to such statute, OFAC is making a technical change to this definition to ensure the applicable schedule amount values continue to correspond appropriately to OFAC’s CMPs. SUMMARY: DATES: This rule is effective April 12, 2021. FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for Licensing, tel.: 202–622–2480; Assistant Director for Regulatory Affairs, tel.: 202–622– 4855; or Assistant Director for Sanctions Compliance & Evaluation, tel.: 202–622– 2490. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with RULES Electronic Availability This document and additional information concerning OFAC are available on OFAC’s website (www.treasury.gov/ofac). Background On September 8, 2008, OFAC issued as an interim final rule the ‘‘Economic Sanctions Enforcement Guidelines’’ (Enforcement Guidelines) as appendix A VerDate Sep<11>2014 16:01 Apr 09, 2021 Jkt 253001 to the Reporting, Procedures and Penalties Regulations at 31 CFR part 501 (73 FR 51933, September 8, 2008). On November 9, 2009, OFAC re-issued as a final rule the Enforcement Guidelines (74 FR 57593, November 9, 2009). OFAC’s Enforcement Guidelines provide a general framework for the enforcement of all economic sanctions programs administered by OFAC. Section V.B.2.a.ii. of the Enforcement Guidelines states that the base amount of a proposed civil penalty in a PrePenalty Notice shall be the ‘‘applicable schedule amount,’’ subject to certain caps noted in that section, where the case is deemed non-egregious and the apparent violation has come to OFAC’s attention by means other than a voluntary self-disclosure. Section I.B. of the Enforcement Guidelines provides a definition of ‘‘applicable schedule amount.’’ Separately, as required by the Federal Civil Penalties Inflation Adjustment Act (1990 Pub. L. 101–410, 104 Stat. 890; 28 U.S.C. 2461 note), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114–74, 129 Stat. 599, 28 U.S.C. 2461 note) (the FCPIA Act), OFAC has adjusted its CMPs six times since the Federal Civil Penalties Inflation Adjustment Act Improvements Act went into effect on November 2, 2015: An initial catch-up adjustment on August 1, 2016 (81 FR 43070, July 1, 2016); an additional initial catch-up adjustment related to CMPs for failure to comply with a requirement to furnish information, the late filing of a required report, and failure to maintain records (‘‘recordkeeping CMPs’’) that were inadvertently omitted from the August 1, 2016 initial catch-up adjustment on October 5, 2020 (85 FR 54911, September 3, 2020); and annual adjustments on February 10, 2017 (82 FR 10434, February 10, 2017); March 19, 2018 (83 FR 11876, March 19, 2018); June 14, 2019 (84 FR 27714, June 14, 2019); and April 9, 2020 (85 FR 19884, April 9, 2020). OFAC’s applicable schedule amount values in the Enforcement Guidelines, while not required to be adjusted pursuant to the FCPIA Act, correspond in certain ways with OFAC’s CMPs. As a result, on August 11, 2020, OFAC issued a final rule amending the definition of ‘‘applicable schedule amount’’ in section I.B. of appendix A to 31 CFR part 501 to adjust applicable schedule amount values for transactions valued at $100,000 or more to correspond with OFAC’s recent CMP adjustments required by the FCPIA Act (85 FR 48474, August 11, 2020). PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 18895 By a separate rule, OFAC has published its annual adjustment of CMPs pursuant to the FCPIA Act for 2021. Related to that action, today OFAC is again amending the definition of ‘‘applicable schedule amount’’ in section I.B. of appendix A to 31 CFR part 501 to adjust the applicable schedule amount value for transactions valued at $200,000 or more to correspond with OFAC’s recent CMP adjustments. Specifically, OFAC is amending section I.B.7. such that in the case of transactions valued at $200,000 or more, the applicable schedule amount is now $311,562, which corresponds with the current maximum CMP amount for a violation of the International Emergency Economic Powers Act (50 U.S.C. 1701–1706, at 1705). This change is not required pursuant to the FCPIA Act; however, OFAC is making this change to ensure the applicable schedule amount value continues to correspond appropriately to OFAC’s CMPs as the CMPs are adjusted pursuant to the FCPIA annually. Public Participation Because this final rule imposes no obligations on any person, but only amends OFAC’s enforcement policy and procedures based on existing substantive rules, provisions of the Administrative Procedure Act (5 U.S.C. 553) requiring notice of proposed rulemaking, opportunity for public participation, and delay in effective date are inapplicable. Further, this final rule is not a significant regulatory action for purposes of Executive Order 12866 of September 30, 1993, ‘‘Regulatory Planning and Review’’ (58 FR 51735, October 4, 1993). Because no notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act (5 U.S.C. 601–612) does not apply. Paperwork Reduction Act The Paperwork Reduction Act does not apply because this rule does not impose information collection requirements that would require the approval of the Office of Management and Budget under 44 U.S.C. 3501 et seq. List of Subjects in 31 CFR Part 501 Administrative practice and procedure, Banks, banking, Blocking of assets, Exports, Foreign trade, Licensing, Penalties, Sanctions. For the reasons set forth in the preamble, the Department of the Treasury’s Office of Foreign Assets Control amends 31 CFR part 501 as follows: E:\FR\FM\12APR1.SGM 12APR1 18896 Federal Register / Vol. 86, No. 68 / Monday, April 12, 2021 / Rules and Regulations ‘‘SEARCH.’’ Click on Open Docket Folder on the line associated with this rule. PART 501—REPORTING, PROCEDURES AND PENALTIES REGULATIONS Authority: 8 U.S.C. 1189; 18 U.S.C. 2332d, 2339B; 19 U.S.C. 3901–3913; 21 U.S.C. 1901– 1908; 22 U.S.C. 287c, 2370(a), 6009, 6032, 7205, 8501–8551; Pub. L. 101–410, 104 Stat. 890, as amended (28 U.S.C. 2461 note); 31 U.S.C. 321(b); 50 U.S.C. 1701–1706, 4301– 4341. Appendix A to Part 501 [Amended] 2. In section I.B. 7. of appendix A to part 501, remove ‘‘$307,922’’ and add in its place ‘‘$311,562’’. ■ Bradley T. Smith, Acting Director, Office of Foreign Assets Control. BILLING CODE 4810–AL–P DEPARTMENT OF HOMELAND SECURITY Coast Guard 33 CFR Part 165 [Docket Number USCG–2020–0445] RIN 1625–AA87 Security Zone; San Juan, Puerto Rico Coast Guard, Department of Homeland Security (DHS). ACTION: Final rule. AGENCY: The Coast Guard is revising an existing, moving security zone for the Port of San Juan, San Juan, Puerto Rico. The revision expands the existing moving security zone to a 200-yard radius around all cruise ships entering, departing, or anchored in the Port of San Juan. While the cruise ships are moored at the Port of San Juan, the security zone remains a 50-yard radius around the cruise ships. This action continues to prohibit persons and vessels from entering, anchoring, mooring or transiting in the security zone, unless authorized by the Coast Guard Captain of the Port of San Juan or a designated representative. This action is necessary to better meet the safety and security needs of the Port of San Juan. DATES: This rule is effective May 12, 2021. khammond on DSKJM1Z7X2PROD with RULES SUMMARY: To view documents mentioned in this preamble as being available in the docket, go to https:// www.regulations.gov, type USCG–2020– 0445 in the ‘‘SEARCH’’ box and click VerDate Sep<11>2014 16:01 Apr 09, 2021 Jkt 253001 SUPPLEMENTARY INFORMATION: I. Table of Abbreviations CFR Code of Federal Regulations COTP Captain of the Port DHS Department of Homeland Security FR Federal Register NPRM Notice of proposed rulemaking § Section U.S.C. United States Code II. Background Information and Regulatory History [FR Doc. 2021–07427 Filed 4–9–21; 8:45 am] ADDRESSES: If you have questions on this rule, call or email LT Randy Johnston, Sector San Juan Prevention Department, Waterways Management Division, U.S. Coast Guard; telephone 787–729–2380, email ssjwwm@uscg.mil. FOR FURTHER INFORMATION CONTACT: 1. The authority citation for part 501 continues to read as follows: ■ The existing regulation in 33 CFR 165.758 contains a moving security zone of 50-yards around all cruise ships entering, departing, moored or anchored in the Port of San Juan, Puerto Rico. On May 27, 2020, the Coast Guard received a request from Coast Guard Station San Juan to adjust the security zone to 200yards to provide an adequate reaction zone for maritime security threats and hazards and to match similar security zones in other ports. In response, on November 2, 2020, the Coast Guard published a notice of proposed rulemaking (NPRM) titled ‘‘Security Zone; San Juan, Puerto Rico’’ (85 FR 69299). There we stated why we issued the NPRM, and invited comments on our proposed regulatory action related to the adjustment of the security zone. During the comment period that ended December 2, 2020, we received no comments. III. Legal Authority and Need for Rule The Coast Guard is issuing this rule under authority in 46 U.S.C. 70034 (previously 33 U.S.C. 1231). The Captain of the Port San Juan (COTP) has determined that adjusting the security zone is necessary to better meet the safety and security needs of the Port of San Juan. The purpose of this rule is to ensure the safety and security of cruise ships in the Port of San Juan while they are entering, departing, moored, and anchored in port. IV. Discussion of Comments, Changes, and the Rule As noted above, we received no comments on our NPRM published on November 2, 2020. There are no changes in the regulatory text of this rule from the proposed rule in the NPRM. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 This rule finalized the proposed revisions to the existing moving security zone in § 165.758 from a 50-yard to a 200-yard radius around all cruise ships entering, departing, or anchored in the Port of San Juan, San Juan, Puerto Rico. Increasing the security zone from 50yards to 200-yards while the cruise ships are in transit or anchored provides law enforcement assets with more sufficient time to react in case of potential terrorist acts, sabotage, or other subversive acts, accidents, or hazards of a similar nature. While the cruise ships are moored, the security zone remains at a 50-yard radius around the cruise ships. No vessel or person is permitted to enter the security zone without obtaining permission from the COTP or a designated representative. 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. 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). This regulatory action determination is based on the size, available exceptions to the enforcement of the security zone, and notice to mariners. The regulated area will impact small designated areas of navigable channels within San Juan Harbor, San Juan, Puerto Rico. The rule will allow vessels to seek permission to enter, transit through, anchor in, or remain within the security zone. Additionally, notifications to the marine community will be made through Local Notice to Mariners, Broadcast Notice to Mariners via VHF–FM marine channel 16, and on-scene representatives. The notifications will allow the public to plan operations around the affected areas. B. Impact on Small Entities The Regulatory Flexibility Act of 1980, 5 U.S.C. 601–612, as amended, requires Federal agencies to consider the potential impact of regulations on small entities during rulemaking. The E:\FR\FM\12APR1.SGM 12APR1

Agencies

[Federal Register Volume 86, Number 68 (Monday, April 12, 2021)]
[Rules and Regulations]
[Pages 18895-18896]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-07427]


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DEPARTMENT OF THE TREASURY

Office of Foreign Assets Control

31 CFR Part 501


Adjustment of Applicable Schedule Amount

AGENCY: Office of Foreign Assets Control, Treasury.

ACTION: Final rule.

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

SUMMARY: The Department of the Treasury's Office of Foreign Assets 
Control (OFAC) is issuing this final rule to make a technical amendment 
to the definition of ``applicable schedule amount'' in its regulations. 
In recent years, OFAC has adjusted its civil monetary penalties (CMPs) 
as required by the Federal Civil Penalties Inflation Adjustment Act, as 
amended by the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015. While OFAC's ``applicable schedule amount'' 
values are not civil monetary penalties that are required to be 
adjusted pursuant to such statute, OFAC is making a technical change to 
this definition to ensure the applicable schedule amount values 
continue to correspond appropriately to OFAC's CMPs.

DATES: This rule is effective April 12, 2021.

FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for 
Licensing, tel.: 202-622-2480; Assistant Director for Regulatory 
Affairs, tel.: 202-622-4855; or Assistant Director for Sanctions 
Compliance & Evaluation, tel.: 202-622-2490.

SUPPLEMENTARY INFORMATION:

Electronic Availability

    This document and additional information concerning OFAC are 
available on OFAC's website (www.treasury.gov/ofac).

Background

    On September 8, 2008, OFAC issued as an interim final rule the 
``Economic Sanctions Enforcement Guidelines'' (Enforcement Guidelines) 
as appendix A to the Reporting, Procedures and Penalties Regulations at 
31 CFR part 501 (73 FR 51933, September 8, 2008). On November 9, 2009, 
OFAC re-issued as a final rule the Enforcement Guidelines (74 FR 57593, 
November 9, 2009). OFAC's Enforcement Guidelines provide a general 
framework for the enforcement of all economic sanctions programs 
administered by OFAC. Section V.B.2.a.ii. of the Enforcement Guidelines 
states that the base amount of a proposed civil penalty in a Pre-
Penalty Notice shall be the ``applicable schedule amount,'' subject to 
certain caps noted in that section, where the case is deemed non-
egregious and the apparent violation has come to OFAC's attention by 
means other than a voluntary self-disclosure. Section I.B. of the 
Enforcement Guidelines provides a definition of ``applicable schedule 
amount.''
    Separately, as required by the Federal Civil Penalties Inflation 
Adjustment Act (1990 Pub. L. 101-410, 104 Stat. 890; 28 U.S.C. 2461 
note), as amended by the Federal Civil Penalties Inflation Adjustment 
Act Improvements Act of 2015 (Pub. L. 114-74, 129 Stat. 599, 28 U.S.C. 
2461 note) (the FCPIA Act), OFAC has adjusted its CMPs six times since 
the Federal Civil Penalties Inflation Adjustment Act Improvements Act 
went into effect on November 2, 2015: An initial catch-up adjustment on 
August 1, 2016 (81 FR 43070, July 1, 2016); an additional initial 
catch-up adjustment related to CMPs for failure to comply with a 
requirement to furnish information, the late filing of a required 
report, and failure to maintain records (``recordkeeping CMPs'') that 
were inadvertently omitted from the August 1, 2016 initial catch-up 
adjustment on October 5, 2020 (85 FR 54911, September 3, 2020); and 
annual adjustments on February 10, 2017 (82 FR 10434, February 10, 
2017); March 19, 2018 (83 FR 11876, March 19, 2018); June 14, 2019 (84 
FR 27714, June 14, 2019); and April 9, 2020 (85 FR 19884, April 9, 
2020).
    OFAC's applicable schedule amount values in the Enforcement 
Guidelines, while not required to be adjusted pursuant to the FCPIA 
Act, correspond in certain ways with OFAC's CMPs. As a result, on 
August 11, 2020, OFAC issued a final rule amending the definition of 
``applicable schedule amount'' in section I.B. of appendix A to 31 CFR 
part 501 to adjust applicable schedule amount values for transactions 
valued at $100,000 or more to correspond with OFAC's recent CMP 
adjustments required by the FCPIA Act (85 FR 48474, August 11, 2020).
    By a separate rule, OFAC has published its annual adjustment of 
CMPs pursuant to the FCPIA Act for 2021. Related to that action, today 
OFAC is again amending the definition of ``applicable schedule amount'' 
in section I.B. of appendix A to 31 CFR part 501 to adjust the 
applicable schedule amount value for transactions valued at $200,000 or 
more to correspond with OFAC's recent CMP adjustments. Specifically, 
OFAC is amending section I.B.7. such that in the case of transactions 
valued at $200,000 or more, the applicable schedule amount is now 
$311,562, which corresponds with the current maximum CMP amount for a 
violation of the International Emergency Economic Powers Act (50 U.S.C. 
1701-1706, at 1705). This change is not required pursuant to the FCPIA 
Act; however, OFAC is making this change to ensure the applicable 
schedule amount value continues to correspond appropriately to OFAC's 
CMPs as the CMPs are adjusted pursuant to the FCPIA annually.

Public Participation

    Because this final rule imposes no obligations on any person, but 
only amends OFAC's enforcement policy and procedures based on existing 
substantive rules, provisions of the Administrative Procedure Act (5 
U.S.C. 553) requiring notice of proposed rulemaking, opportunity for 
public participation, and delay in effective date are inapplicable. 
Further, this final rule is not a significant regulatory action for 
purposes of Executive Order 12866 of September 30, 1993, ``Regulatory 
Planning and Review'' (58 FR 51735, October 4, 1993). Because no notice 
of proposed rulemaking is required for this rule, the Regulatory 
Flexibility Act (5 U.S.C. 601-612) does not apply.

Paperwork Reduction Act

    The Paperwork Reduction Act does not apply because this rule does 
not impose information collection requirements that would require the 
approval of the Office of Management and Budget under 44 U.S.C. 3501 et 
seq.

List of Subjects in 31 CFR Part 501

    Administrative practice and procedure, Banks, banking, Blocking of 
assets, Exports, Foreign trade, Licensing, Penalties, Sanctions.

    For the reasons set forth in the preamble, the Department of the 
Treasury's Office of Foreign Assets Control amends 31 CFR part 501 as 
follows:

[[Page 18896]]

PART 501--REPORTING, PROCEDURES AND PENALTIES REGULATIONS

0
1. The authority citation for part 501 continues to read as follows:

    Authority: 8 U.S.C. 1189; 18 U.S.C. 2332d, 2339B; 19 U.S.C. 
3901-3913; 21 U.S.C. 1901-1908; 22 U.S.C. 287c, 2370(a), 6009, 6032, 
7205, 8501-8551; Pub. L. 101-410, 104 Stat. 890, as amended (28 
U.S.C. 2461 note); 31 U.S.C. 321(b); 50 U.S.C. 1701-1706, 4301-4341.

Appendix A to Part 501 [Amended]

0
2. In section I.B. 7. of appendix A to part 501, remove ``$307,922'' 
and add in its place ``$311,562''.

Bradley T. Smith,
Acting Director, Office of Foreign Assets Control.
[FR Doc. 2021-07427 Filed 4-9-21; 8:45 am]
BILLING CODE 4810-AL-P