[Federal Register Volume 62, Number 110 (Monday, June 9, 1997)]
[Rules and Regulations]
[Pages 31339-31340]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 97-14970]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Coast Guard
33 CFR Parts 5, 26, 27, 95, 100, 110, 130, 136, 138, 140, 151, 153,
177
46 CFR Part 2
[CGD 96-052]
RIN 2105-AC63
Civil Money Penalties Inflation Adjustments
AGENCY: Coast Guard, DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the final regulations
[CGD 96-052] which were published Tuesday, April 8, 1996 (62 FR 16695).
The regulations incorporated into the Code of Federal Regulations (CFR)
inflation adjustments for civil money penalties pursuant to the Federal
Civil Monetary Penalty Inflation Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of 1996.
DATES: This rule is effective on June 9, 1997.
FOR FURTHER INFORMATION CONTACT:
Greg Parks, Office of Regulations and Administrative Law at (202) 267-
1534.
[[Page 31340]]
SUPPLEMENTARY INFORMATION:
Background
The final regulations that are the subject of these corrections
amend Title 33 and Title 46 of the Code of Federal Regulations to
reflect the Debt Collection Improvement Act of 1996 (DCIA) (Pub. L.
104-134) which requires Federal agencies to adjust certain Civil
Monetary Penalties (CMPs) to account for inflation. As amended, the law
requires each agency to make an initial inflationary adjustment for
each applicable CMP, and to make further adjustments at least once
every 4 years for these penalty amounts.
Need for Correction
As published, the final regulations contain errors which may prove
to be misleading and are in need of correction or clarification.
Correction of Publication
Accordingly, the publication on April 8, 1996, of the final
regulations (62 FR 16695), which were the subject of FR Doc. 97-8781 is
corrected as follows:
PART 130--[CORRECTED]
1. On page 16703, in the first column, Sec. 130.14 is correctly
revised to read as follows:
Sec. 130.14 Enforcement.
(a) any vessel operator who fails to comply with this part is
subject to a fine of not more than $10,000 for each failure.
(b) The Secretary of the Treasury may refuse to grant the clearance
required by section 4197 of the Revised Statutes of the United States,
as amended (46 U.S.C. 91), to any vessel subject to section 311(p) of
the Act which does not have a Certificate issued under this part.
(c) The Coast Guard denies entry to any port or place in the United
States or the navigable waters of the United States and detains, at the
port or place in the United States from which it is about to depart for
any other port or place in the United States, any vessel subject to
section 311(p) of the Act, which, upon request, does not produce a
valid Certificate.
PART 136--[CORRECTED]
2. On page 16703, in the first column, the authority citation for
Part 136, is correctly revised to read as follows:
Authority: 33 U.S.C. 2713, 2714; E.O. 12777, 3 CFR, 1991 Comp.,
p.351; 49 CFR 1.46.
PART 151--[CORRECTED]
3. On page 16703, in the second column, instruction number 27 is
corrected to read as follows:
``27. The authority citation for subpart A of part 151 is revised
to read as follows:''
Sec. 151.59 [Corrected]
4. On page 16703, in the second column, in Sec. 151.59, in
paragraph (d)(6), add the following sentences at the end of the
paragraph. ``Placards installed on vessels before May 7, 1997, need not
be replaced; and existing stocks of placards, containing previous
language, may be used. When language on a placard is inconsistent with
the language in the Code of Federal Regulations (CFR) due to use of a
placard containing previous language, penalty amounts contained in the
CFR are controlling.''
5. On page 16703, in the second column, in Sec. 151.59, in
paragraph (e)(2)(ii), add the following sentences at the end of the
paragraph. ``Placards installed on vessels before May 7, 1997, need not
be replaced; and existing stocks of placards, containing previous
language, may be used. When language on a placard is inconsistent with
the language in the Code of Federal Regulations (CFR) due to use of a
placard containing previous language, penalty amounts contained in the
CFR are controlling.''
Dated: June 3, 1997.
Robert S. Horowitz,
Acting Chief Counsel, U.S. Coast Guard.
[FR Doc. 97-14970 Filed 6-6-97; 8:45 am]
BILLING CODE 4910-14-M