[Federal Register Volume 62, Number 27 (Monday, February 10, 1997)]
[Proposed Rules]
[Page 5957]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-2965]



[[Page 5957]]

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FEDERAL EMERGENCY MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067-AC61


Criminal and Civil Penalties Under the Robert T. Stafford 
Disaster Relief and Emergency Assistance Act

AGENCY: Federal Emergency Management Agency (FEMA).

ACTION: Proposed rule.

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SUMMARY: FEMA proposes to increase its maximum civil penalty under the 
Robert T. Stafford Disaster Relief & Emergency Assistance Act (42 
U.S.C. 5157(d)) from $5,000 to $5,500. This increase is authorized by 
the Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410, 
28 U.S.C. 2461 note).

DATES: We invite comments on this proposed rule and will accept 
comments until April 11, 1997.

ADDRESSES: Please send written comments to the Rules Docket Clerk, 
Office of General Counsel, Federal Emergency Management Agency, 500 C 
Street SW., Washington, DC 20472, (facsimile) (202) 646-4536.

FOR FURTHER INFORMATION CONTACT: Richard S. Buck, IV, Office of 
Financial Management, Financial Policy Division, Federal Emergency 
Management Agency, 500 C Street SW., Washington, DC 20472, (202) 646-
4091.

SUPPLEMENTARY INFORMATION: Congress mandated in the Debt Collection 
Improvement Act of 1996, Pub. L. 104-134, Section 31001(s)(1) that 
Federal agencies, including FEMA, adjust their maximum civil penalties 
either by the factor calculated under the mathematical formulae set out 
in the Federal Civil Penalties Inflation Adjustment Act of 1990 
(Adjustment Act, 28 U.S.C. 2461, note, Section 4) or by 10%, whichever 
is less. The Adjustment Act requires agencies to increase their maximum 
civil penalties to reflect changes in the Department of Labor's 
consumer price index of all urban consumers (CPI).
    In 1988 Congress enacted Section 314(d) of the Robert T. Stafford 
Disaster Relief & Emergency Assistance Act (42 U.S.C. 5157(d)) 
(Stafford Act) and set the maximum civil monetary penalty for any 
person ``* * * who knowingly violates any order or regulation issued 
under this [Stafford] Act * * *'' at $5,000. Since passage of the 
Stafford Act and FEMA's publishing its implementing regulations at 44 
CFR 206.14(d), the CPI has increased by more than 33%. However, the 
Debt Collection Improvement Act (Pub. L. 104-134, Sec. 31001(s)(2)) 
sets a maximum increase of 10% for the initial monetary penalty 
adjustments. For FEMA this would be $500. Thus, the adjusted Stafford 
Act maximum civil monetary penalty would be $5,500.
    This change is required by the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (Pub. L. 101-410), as amended by the Debt 
Collection Improvement Act of 1996 (Pub. L. 104-134).
    This rule would set the maximum Stafford Act civil monetary penalty 
for those violations occurring 30 days after publication of the final 
rule at $5,500. For violations occurring on or before 30 days after 
publication of the final rule, the maximum civil monetary penalty would 
remain $5,000.

National Environmental Policy Act

    This rule is categorically excluded from the requirements of 44 CFR 
Part 10, Environmental Considerations. No environmental impact 
assessment has been prepared.

Regulatory Flexibility Act

    I certify that this rule will not have a significant impact on a 
substantial number of small entities in accordance with the Regulatory 
Flexibility Act, 5 U.S.C. 601 et seq., because the rule increases civil 
monetary penalties to be paid by the small number of persons who 
knowingly violate regulations issued under the Stafford Act.

Paperwork Reduction Act

    This rule does not involve any collection of information for the 
purposes of the Paperwork Reduction Act, 44 U.S.C. 3501 et seq.

Executive Order 12612, Federalism

    This rule involves no policies that have federalism implications 
under Executive Order 12162, Federalism, dated October 26, 1987.
    Executive Order 12887, Civil Justice Reform. This rule meets the 
applicable standards of Section 2(b)(2) of Executive Order 12887.

List of Subjects in 44 CFR Part 206

    Disaster assistance, Penalties.

    Accordingly, 44 CFR part 206 is proposed to be amended as follows:

PART 206--FEDERAL DISASTER ASSISTANCE FOR DISASTERS DECLARED ON OR 
AFTER NOVEMBER 23, 1988

    1. Section 206.14(d) is revised to read as follows:


Sec. 206.14  Criminal and civil penalties.

* * * * *
    (d) Civil penalty. Any individual who knowingly violates any order 
or regulation on or before [30 days after publication of final rule] 
shall be subject to a civil penalty of not more than $5,000 for each 
violation. Any individual who knowingly violates any order or 
regulation after [30 days after publication of final rule] shall be 
subject to a civil penalty of not more than $5,500 for each violation.

    Dated: January 31, 1997.
James L. Witt,
Director.
[FR Doc. 97-2965 Filed 2-7-97; 8:45 am]
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