Civil Monetary Penalty Inflation Adjustments for 2021; Correction, 30535 [2021-12110]

Download as PDF 30535 Rules and Regulations Federal Register Vol. 86, No. 109 Wednesday, June 9, 2021 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 AGRICULTURE Office of the Secretary 7 CFR Part 3 [Docket No. USDA–2020–0011] RIN 0503–AA72 Civil Monetary Penalty Inflation Adjustments for 2021; Correction Office of the Secretary, U.S. Department of Agriculture (USDA). ACTION: Correcting amendment. AGENCY: On May 10, 2021, we published a final rule amending the U.S. Department of Agriculture’s civil monetary penalty regulations by making inflation adjustments as mandated by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. We are correcting an error that appeared in that final rule. DATES: Effective June 9, 2021. FOR FURTHER INFORMATION CONTACT: Mr. Stephen O’Neill, Office of Budget and Program Analysis, USDA, 1400 Independence Avenue SW,Washington, DC 20250–1400, (202) 720–0038. SUPPLEMENTARY INFORMATION: In a final rule published and effective on June 17, 2020 (85 FR 36670–36714), we amended the U.S. Department of Agriculture’s (USDA’s) debt management regulations in 7 CFR part 3. As part of that final rule, we revised the regulations in § 3.91 to update the amount of civil monetary penalties that may be levied by USDA agencies to reflect inflationary adjustments for 2020 as required by the 2015 Civil Penalties Act. In making those updates, we inadvertently introduced an error into paragraph (b)(2)(xiv) of § 3.91. Prior to the effective date of the June 2020 final rule, that paragraph had specified that the civil penalty for a violation of the Commercial Transportation of Equine for Slaughter Act, 7 U.S.C. 1901 note, and its implementing regulations in 9 CFR part 88, as set forth in 9 CFR 88.6, lotter on DSK11XQN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 17:15 Jun 08, 2021 Jkt 253001 has a maximum of $5,000. The June 2020 final rule should have adjusted that maximum amount to $5,088 consistent with the guidance contained in Office of Management and Budget memorandum M–20–05, which provided a cost-of-living adjustment multiplier for 2020 of 1.01764. However, due to a drafting error, the amount that appeared was $812. That error carried over into our 2021 adjustments, which were published and effective on May 10, 2021 (86 FR 24699– 24703), in which we applied the 2021 cost-of-living adjustment multiplier (1.01182) to the incorrect $812 figure to arrive at an adjusted penalty of $822. To address these errors, we are amending 7 CFR 3.91(b)(2)(xiv) to replace the incorrect penalty amount with the correct amount, which is $5,148 (i.e., the correct 2020 figure of $5,088 times the 2021 multiplier). List of Subjects in 7 CFR Part 3 Administrative practice and procedure, Claims, Government employees, Income taxes, Loan programs-agriculture, Penalties, Reporting and recordkeeping requirements, Wages. Accordingly, we are amending 7 CFR part 3 as follows: PART 3—DEBT MANAGEMENT Subpart I—Adjusted Civil Monetary Penalties 1. The authority citation for part 3, subpart I, continues to read as follows: ■ [Amended] John Rapp, Acting Director, Office of Budget and Program Analysis. [FR Doc. 2021–12110 Filed 6–8–21; 8:45 am] BILLING CODE 3410–90–P Fmt 4700 [Docket No. 210528–0118] RIN 0694–AI48 Export Administration Regulations: Termination of United Arab Emirates Participation in the Arab League Boycott of Israel Bureau of Industry and Security, Commerce. ACTION: Final rule. AGENCY: In this final rule, the Bureau of Industry and Security (BIS) amends the Export Administration Regulations (EAR) to reflect the formal termination by the United Arab Emirates (UAE) of its participation in the Arab League Boycott of Israel. Specifically, in recognition of the UAE’s August 16, 2020 issuance of Federal Decree-Law No. 4 of 2020, certain requests for information, action or agreement from the UAE, which were presumed to be boycott-related if made prior to August 16, 2020, would not be presumed to be boycott-related if made following that date, and thus would not be prohibited or reportable under the EAR. Accordingly, BIS adds an interpretation to the Restrictive Trade Practices or Boycotts regulations of the EAR, which sets forth BIS’s view that the prohibitions and reporting requirements contained in the EAR’s antiboycott provisions do not apply to such requests from the UAE made after August 16, 2020. SUMMARY: This rule is effective June 8, FOR FURTHER INFORMATION CONTACT: 2. In § 3.91, paragraph (b)(2)(xiv) is amended by removing the amount ‘‘$822’’ and adding the amount ‘‘$5,148’’ in its place. Frm 00001 15 CFR Part 760 2021. ■ PO 00000 Bureau of Industry and Security DATES: Authority: 28 U.S.C. 2461 note. § 3.91 DEPARTMENT OF COMMERCE Cathleen Ryan, Director, Office of Antiboycott Compliance, Bureau of Industry and Security, U.S. Department of Commerce, by email at OAC.WebQueries@bis.doc.gov or OACINQUIRIES@bis.doc.gov, or by phone at 202–482–2381. SUPPLEMENTARY INFORMATION: Background The Office of Antiboycott Compliance (OAC) administers and enforces the antiboycott provisions set forth in part 760 (Restrictive Trade Practices and Boycotts) of the Export Administration Sfmt 4700 E:\FR\FM\09JNR1.SGM 09JNR1

Agencies

[Federal Register Volume 86, Number 109 (Wednesday, June 9, 2021)]
[Rules and Regulations]
[Page 30535]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-12110]



========================================================================
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. 86, No. 109 / Wednesday, June 9, 2021 / Rules 
and Regulations

[[Page 30535]]



DEPARTMENT OF AGRICULTURE

Office of the Secretary

7 CFR Part 3

[Docket No. USDA-2020-0011]
RIN 0503-AA72


Civil Monetary Penalty Inflation Adjustments for 2021; Correction

AGENCY: Office of the Secretary, U.S. Department of Agriculture (USDA).

ACTION: Correcting amendment.

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

SUMMARY: On May 10, 2021, we published a final rule amending the U.S. 
Department of Agriculture's civil monetary penalty regulations by 
making inflation adjustments as mandated by the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015. We are correcting an 
error that appeared in that final rule.

DATES: Effective June 9, 2021.

FOR FURTHER INFORMATION CONTACT: Mr. Stephen O'Neill, Office of Budget 
and Program Analysis, USDA, 1400 Independence Avenue SW,Washington, DC 
20250-1400, (202) 720-0038.

SUPPLEMENTARY INFORMATION: In a final rule published and effective on 
June 17, 2020 (85 FR 36670-36714), we amended the U.S. Department of 
Agriculture's (USDA's) debt management regulations in 7 CFR part 3. As 
part of that final rule, we revised the regulations in Sec.  3.91 to 
update the amount of civil monetary penalties that may be levied by 
USDA agencies to reflect inflationary adjustments for 2020 as required 
by the 2015 Civil Penalties Act.
    In making those updates, we inadvertently introduced an error into 
paragraph (b)(2)(xiv) of Sec.  3.91. Prior to the effective date of the 
June 2020 final rule, that paragraph had specified that the civil 
penalty for a violation of the Commercial Transportation of Equine for 
Slaughter Act, 7 U.S.C. 1901 note, and its implementing regulations in 
9 CFR part 88, as set forth in 9 CFR 88.6, has a maximum of $5,000. The 
June 2020 final rule should have adjusted that maximum amount to $5,088 
consistent with the guidance contained in Office of Management and 
Budget memorandum M-20-05, which provided a cost-of-living adjustment 
multiplier for 2020 of 1.01764. However, due to a drafting error, the 
amount that appeared was $812.
    That error carried over into our 2021 adjustments, which were 
published and effective on May 10, 2021 (86 FR 24699-24703), in which 
we applied the 2021 cost-of-living adjustment multiplier (1.01182) to 
the incorrect $812 figure to arrive at an adjusted penalty of $822.
    To address these errors, we are amending 7 CFR 3.91(b)(2)(xiv) to 
replace the incorrect penalty amount with the correct amount, which is 
$5,148 (i.e., the correct 2020 figure of $5,088 times the 2021 
multiplier).

List of Subjects in 7 CFR Part 3

    Administrative practice and procedure, Claims, Government 
employees, Income taxes, Loan programs-agriculture, Penalties, 
Reporting and recordkeeping requirements, Wages.

    Accordingly, we are amending 7 CFR part 3 as follows:

PART 3--DEBT MANAGEMENT

Subpart I--Adjusted Civil Monetary Penalties

0
1. The authority citation for part 3, subpart I, continues to read as 
follows:

    Authority:  28 U.S.C. 2461 note.


Sec.  3.91   [Amended]

0
2. In Sec.  3.91, paragraph (b)(2)(xiv) is amended by removing the 
amount ``$822'' and adding the amount ``$5,148'' in its place.

John Rapp,
Acting Director, Office of Budget and Program Analysis.
[FR Doc. 2021-12110 Filed 6-8-21; 8:45 am]
BILLING CODE 3410-90-P

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