Inflation Adjustment of Civil Monetary Penalties, 1464-1465 [2024-00354]
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Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Rules and Regulations
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Authority: 42 U.S.C. 7401 et seq.
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(c), under the center heading ‘‘Reg 1—
General Provision,’’ revise the entry for
1.06 to read as follows:
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Dated: December 29, 2023.
Jeaneanne Gettle,
Acting Regional Administrator, Region 4.
For the reasons stated in the
preamble, the EPA amends 40 CFR part
52 as follows:
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
§ 52.920
*
Identification of plan.
*
*
(c) * * *
*
*
1. The authority citation for part 52
continues to read as follows:
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TABLE 2 TO PARAGRAPH (c)—EPA-APPROVED JEFFERSON COUNTY REGULATIONS FOR KENTUCKY
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EPA
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date
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Register
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Stationary Source Self-Monitoring, Emissions Inventory
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BILLING CODE 6560–50–P
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. FMC–2024–0002]
RIN 3072–AC98
Inflation Adjustment of Civil Monetary
Penalties
Federal Maritime Commission.
Final rule.
AGENCY:
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,
2024.
FOR FURTHER INFORMATION CONTACT:
David Eng, Secretary; Phone: (202) 523–
5725; Email: secretary@fmc.gov.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
16:13 Jan 09, 2024
Jkt 262001
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 19, 2023, the Office of
Management and Budget published
guidance stating that the CPI–U
multiplier for October 2023 is 1.03241.1
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, 1.03241.
1 Office of Management and Budget, M–24–07,
Implementation of Penalty Inflation Adjustments
for 2023, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of
2015, at 1 (Dec. 19, 2023) (M–23–05).
PO 00000
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3/16/2022
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SUPPLEMENTARY INFORMATION:
[FR Doc. 2024–00012 Filed 1–9–24; 8:45 am]
ACTION:
*
[Insert citation of publication].
Sfmt 4700
*
Except Section 5 and any
references to Section 5
in this regulation.
*
*
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 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).
2 Id. at 3–4. Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law 101–410,
section 4(b)(2), 104 Stat. 890 (codified at 28 U.S.C.
2461 note).
E:\FR\FM\10JAR1.SGM
10JAR1
1465
Federal Register / Vol. 89, No. 7 / Wednesday, January 10, 2024 / Rules and Regulations
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).
www.reginfo.gov/public/do/
eAgendaMain.
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://
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) ....................
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 U.S.C. 41108(b) ....................
46 U.S.C. 42104 .........................
46 U.S.C. 42106 .........................
46 U.S.C. 42108 .........................
46 U.S.C. 44102, 44104 .............
By the Commission.
David Eng,
Secretary.
FEDERAL COMMUNICATIONS
COMMISSION
[FR Doc. 2024–00354 Filed 1–9–24; 8:45 am]
BILLING CODE 6730–02–P
lotter on DSK11XQN23PROD with RULES1
Maximum
penalty as
of
January 15, 2023
United States Code citation
47 CFR Parts 1 and 4
[GN Docket No. 15–206; FCC 16–81, FCC
19–138; FR ID 195876]
Improving Outage Reporting for
Submarine Cables and Enhanced
Submarine Cable Outage Data
Jkt 262001
$2,559,636
73,045
14,149
14,608
141,506
11,162
146,092
11,524
2,232,281
111,614
2,304,629
115,231
28,194
941
28,194
941
13,508
13,508
29,108
971
29,108
971
13,946
13,946
In this document, the
Commission announces that the Office
of Management and Budget (OMB)
approved the information collection
associated with the Commission’s
Report and Order and subsequent Order
on Reconsideration. This document,
consistent with those documents,
fulfills the Commission’s commitment
that it would publish a document in the
Federal Register announcing the
effective date of those rules.
SUMMARY:
DATES:
Final rule; announcement of
effective and compliance dates.
Effective date: The amendments to 47
CFR 1.767 and 4.15, published at 81 FR
ACTION:
15:42 Jan 09, 2024
$2,479,282
70,752
Federal Communications
Commission.
AGENCY:
VerDate Sep<11>2014
Maximum
penalty as
of
January 15, 2024
PO 00000
Frm 00027
Fmt 4700
Sfmt 4700
E:\FR\FM\10JAR1.SGM
10JAR1
]]>Agencies
[Federal Register Volume 89, Number 7 (Wednesday, January 10, 2024)]
[Rules and Regulations]
[Pages 1464-1465]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00354]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. FMC-2024-0002]
RIN 3072-AC98
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, 2024.
FOR FURTHER INFORMATION CONTACT: David Eng, 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 19, 2023, the Office of Management
and Budget published guidance stating that the CPI-U multiplier for
October 2023 is 1.03241.\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, 1.03241.
---------------------------------------------------------------------------
\1\ Office of Management and Budget, M-24-07, Implementation of
Penalty Inflation Adjustments for 2023, Pursuant to the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015,
at 1 (Dec. 19, 2023) (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\ 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. Federal Civil Penalties Inflation Adjustment Act
of 1990, Public Law 101-410, section 4(b)(2), 104 Stat. 890
(codified at 28 U.S.C. 2461 note).
---------------------------------------------------------------------------
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).
[[Page 1465]]
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 as of January as of January
description 15, 2023 15, 2024
----------------------------------------------------------------------------------------------------------------
46 U.S.C. 42304........................ Adverse impact on U.S. carriers $2,479,282 $2,559,636
by foreign shipping practices.
46 U.S.C. 41107(a)..................... Knowing and Willful violation/ 70,752 73,045
Shipping Act of 1984, or
Commission regulation or order.
46 U.S.C. 41107(a)..................... Violation of Shipping Act of 14,149 14,608
1984, Commission regulation or
order, not knowing and willful.
46 U.S.C. 41108(b)..................... Operating in foreign commerce 141,506 146,092
after tariff suspension.
46 U.S.C. 42104........................ Failure to provide required 11,162 11,524
reports, etc./Merchant Marine
Act of 1920.
46 U.S.C. 42106........................ Adverse shipping conditions/ 2,232,281 2,304,629
Merchant Marine Act of 1920.
46 U.S.C. 42108........................ Operating after tariff or 111,614 115,231
service contract suspension/
Merchant Marine Act of 1920.
46 U.S.C. 44102, 44104................. Failure to establish financial 28,194 29,108
responsibility for non- 941 971
performance of transportation.
46 U.S.C. 44103, 44104................. Failure to establish financial 28,194 29,108
responsibility for death or 941 971
injury.
31 U.S.C. 3802(a)(1)................... Program Fraud Civil Remedies 13,508 13,946
Act/making false claim.
31 U.S.C. 3802(a)(2)................... Program Fraud Civil Remedies 13,508 13,946
Act/giving false statement.
----------------------------------------------------------------------------------------------------------------
By the Commission.
David Eng,
Secretary.
[FR Doc. 2024-00354 Filed 1-9-24; 8:45 am]
BILLING CODE 6730-02-P
