Inflation Adjustment of Civil Monetary Penalties, 1517-1519 [2023-00399]
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Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Rules and Regulations
J. Executive Order 12898: Federal
Actions To Address Environmental
Justice in Minority Populations and
Low-Income Populations
Executive Order (E.O.) 12898 (59 FR
7629 (Feb. 16, 1994)) establishes federal
executive policy on environmental
justice. Its main provision directs
federal agencies, to the greatest extent
practicable and permitted by law, to
make environmental justice part of their
mission by identifying and addressing,
as appropriate, disproportionately high
and adverse human health or
environmental effects of their programs,
policies, and activities on minority
populations and low-income
populations in the United States. The
EPA’s evaluation of this issue is
contained in the section of the preamble
to the proposed rule titled
‘‘Environmental Justice
Considerations.’’
K. Congressional Review Act (CRA)
This rule is exempt from the CRA
because it is a rule of particular
applicability. The rule makes factual
determinations for specific entities and
does not directly regulate any entities.
The determination of attainment, clean
data determination, and emission
inventory approval do not in themselves
create any new requirements beyond
what is mandated by the CAA.
L. Judicial Review
Under section 307(b)(1) of the Clean
Air Act, petitions for judicial review of
this action must be filed in the United
States Court of Appeals for the
appropriate circuit by March 13, 2023.
Filing a petition for reconsideration by
the Administrator of this final rule does
not affect the finality of this action for
the purposes of judicial review nor does
it extend the time within which a
petition for judicial review may be filed,
and shall not postpone the effectiveness
of such rule or action. This action may
not be challenged later in proceedings to
enforce its requirements. (See section
307(b)(2).)
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List of Subjects
40 CFR Part 52
Environmental protection, Air
pollution control, Incorporation by
reference, Nitrogen dioxide, Particulate
matter, Reporting and recordkeeping
requirements, Sulfur oxides, Volatile
organic compounds.
40 CFR Part 81
Environmental protection,
Administrative practice and procedure,
Air pollution control, Designations and
classifications, Intergovernmental
VerDate Sep<11>2014
16:09 Jan 10, 2023
Jkt 259001
relations, Nitrogen oxides, Particulate
matter, Reporting and recordkeeping
requirements, and Volatile organic
compounds.
Authority: 42 U.S.C. 7401 et seq.
Dated: December 21, 2022.
Martha Guzman Aceves,
Regional Administrator, Region IX.
Part 52, chapter I, title 40 of the Code
of Federal Regulations is amended as
follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Subpart F—California
2. Section 52.220 is amended by
adding paragraph (c)(593) to read as
follows:
■
§ 52.220
Identification of plan—in part.
*
*
*
*
*
(c) * * *
(593) The following plan was
submitted on July 18, 2018, by the
Governor’s designee, as an attachment
to a letter dated July 16, 2018.
(i) [Reserved]
(ii) Additional materials. (A) Imperial
County Air Pollution Control District.
(1) ‘‘Imperial County 2018 Annual
Particulate Matter Less Than 2.5
Microns In Diameter State
Implementation Plan,’’ adopted April
24, 2018, Chapter 3 (‘‘Emissions
Inventory’’) excluding: Table 3–9a
(‘‘Direct PM2.5 and PM2.5 Precursor
Emissions by Major Source Category in
the Imperial County PM2.5
Nonattainment Area, 2019 (Annual)’’);
Table 3–9b (‘‘Condensible and Filterable
PM2.5 Emissions by Major Source
Category in the Imperial County PM2.5
Nonattainment Area, 2019 (Annual)’’);
Table 3–10a (‘‘Direct PM2.5 and PM2.5
Precursor Emissions by Major Source
Category in the Imperial County PM2.5
Nonattainment Area, 2021 (Annual)’’);
Table 3–10b (‘‘Condensible and
Filterable PM2.5 Emissions by Major
Source Category in the Imperial County
PM2.5 Nonattainment Area, 2021
(Annual)’’); Table 3–11a (‘‘Direct PM2.5
and PM2.5 Precursor Emissions by Major
Source Category in the Imperial County
PM2.5 Nonattainment Area, 2022
(Annual)’’); Table 3–11b (‘‘Condensible
and Filterable PM2.5 Emissions by Major
Source Category in the Imperial County
PM2.5 Nonattainment Area, 2022
(Annual)’’); and Section 3.17
(‘‘Evaluation of Significant Precursors’’).
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1517
(2) [Reserved]
(B) [Reserved]
■ 3. Section 52.247 is amended by
adding paragraph (q) to read as follows:
§ 52.247 Control strategy and regulations:
Fine Particle Matter.
*
*
*
*
*
(q) Determination of attainment.
Effective February 10, 2023, the EPA has
determined that, based on 2019 to 2021
ambient air quality data, the Imperial
County PM2.5 nonattainment area has
attained the 2012 annual PM2.5 NAAQS.
Under the provisions of the EPA’s PM2.5
implementation rule (see 40 CFR
51.1015), this determination suspends
the requirements for this area to submit
an attainment demonstration, associated
reasonably available control measures, a
reasonable further progress plan,
contingency measures, and other
planning SIPs related to attainment for
as long as this area continues to attain
the 2012 annual PM2.5 NAAQS. If the
EPA determines, after notice-andcomment rulemaking, that this area no
longer meets the 2012 annual PM2.5
NAAQS, the corresponding
determination of attainment for that area
shall be withdrawn.
[FR Doc. 2022–28278 Filed 1–10–23; 8:45 am]
BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 22–77]
RIN 3072–AC94
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
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
new civil penalties by January 15 each
year.
DATES: This rule is effective January 15,
2023.
FOR FURTHER INFORMATION CONTACT:
William Cody, 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
SUMMARY:
E:\FR\FM\11JAR1.SGM
11JAR1
1518
Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Rules and Regulations
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 15, 2022, the Office of
Management and Budget published
guidance stating that the CPI–U
multiplier for October 2022 is 1.07745.1
In order to complete the annual
adjustment, the Commission must
multiply the most recent civil penalty
amounts in 46 CFR part 506 by the
multiplier, 1.07745.
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)
Civil monetary penalty description
46 U.S.C. 42304 ..............
46 U.S.C. 41107(a) ..........
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 ..................
46 U.S.C. 41107(a) ..........
46
46
46
46
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Maximum
penalty as of
January 15, 2022
United States Code
citation
U.S.C.
U.S.C.
U.S.C.
U.S.C.
41108(b) ..........
42104 ..............
42106 ..............
42108 ..............
46 U.S.C. 44102, 44104 ..
46 U.S.C. 44103, 44104 ..
1 Office of Management and Budget, M–23–05,
Implementation of Penalty Inflation Adjustments
for 2023, Pursuant to the Federal Civil Penalties
VerDate Sep<11>2014
16:09 Jan 10, 2023
Jkt 259001
Inflation Adjustment Act Improvements Act of
2015, at 1 (Dec. 15, 2022) (M–23–05).
PO 00000
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2 Id.
E:\FR\FM\11JAR1.SGM
Maximum
penalty as of
January 15, 2023
$2,301,065
65,666
$2,479,282
70,752
13,132
14,149
131,334
10,360
2,071,819
103,591
141,506
11,162
2,232,281
111,614
26,167
873
26,167
873
28,194
941
28,194
941
at 3–4; FCPIAA section 4(b)(2).
11JAR1
Federal Register / Vol. 88, No. 7 / Wednesday, January 11, 2023 / Rules and Regulations
1519
TABLE 1 TO PARAGRAPH (d)—Continued
Maximum
penalty as of
January 15, 2022
United States Code
citation
Civil monetary penalty description
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 ......................
12,537
12,537
By the Commission.
William Cody,
Secretary.
[FR Doc. 2023–00399 Filed 1–10–23; 8:45 am]
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BILLING CODE 6730–02–P
VerDate Sep<11>2014
16:09 Jan 10, 2023
Jkt 259001
PO 00000
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Fmt 4700
Sfmt 9990
E:\FR\FM\11JAR1.SGM
11JAR1
Maximum
penalty as of
January 15, 2023
13,508
13,508
]]>Agencies
[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Rules and Regulations]
[Pages 1517-1519]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00399]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 22-77]
RIN 3072-AC94
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 new civil
penalties by January 15 each year.
DATES: This rule is effective January 15, 2023.
FOR FURTHER INFORMATION CONTACT: William Cody, 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
[[Page 1518]]
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 15, 2022, the Office of Management
and Budget published guidance stating that the CPI-U multiplier for
October 2022 is 1.07745.\1\ In order to complete the annual adjustment,
the Commission must multiply the most recent civil penalty amounts in
46 CFR part 506 by the multiplier, 1.07745.
---------------------------------------------------------------------------
\1\ Office of Management and Budget, M-23-05, Implementation of
Penalty Inflation Adjustments for 2023, Pursuant to the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015,
at 1 (Dec. 15, 2022) (M-23-05).
---------------------------------------------------------------------------
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\ Id. at 3-4; FCPIAA section 4(b)(2).
---------------------------------------------------------------------------
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 as Maximum penalty as
United States Code citation Civil monetary penalty of January 15, of January 15,
description 2022 2023
----------------------------------------------------------------------------------------------------------------
46 U.S.C. 42304............................ Adverse impact on U.S. $2,301,065 $2,479,282
carriers by foreign
shipping practices.
46 U.S.C. 41107(a)......................... Knowing and Willful 65,666 70,752
violation/Shipping Act of
1984, or Commission
regulation or order.
46 U.S.C. 41107(a)......................... Violation of Shipping Act 13,132 14,149
of 1984, Commission
regulation or order, not
knowing and willful.
46 U.S.C. 41108(b)......................... Operating in foreign 131,334 141,506
commerce after tariff
suspension.
46 U.S.C. 42104............................ Failure to provide required 10,360 11,162
reports, etc./Merchant
Marine Act of 1920.
46 U.S.C. 42106............................ Adverse shipping conditions/ 2,071,819 2,232,281
Merchant Marine Act of
1920.
46 U.S.C. 42108............................ Operating after tariff or 103,591 111,614
service contract
suspension/Merchant Marine
Act of 1920.
46 U.S.C. 44102, 44104..................... Failure to establish 26,167 28,194
financial responsibility 873 941
for non-performance of
transportation.
46 U.S.C. 44103, 44104..................... Failure to establish 26,167 28,194
financial responsibility 873 941
for death or injury.
[[Page 1519]]
31 U.S.C. 3802(a)(1)....................... Program Fraud Civil 12,537 13,508
Remedies Act/making false
claim.
31 U.S.C. 3802(a)(2)....................... Program Fraud Civil 12,537 13,508
Remedies Act/giving false
statement.
----------------------------------------------------------------------------------------------------------------
By the Commission.
William Cody,
Secretary.
[FR Doc. 2023-00399 Filed 1-10-23; 8:45 am]
BILLING CODE 6730-02-P
