[Federal Register Volume 84, Number 26 (Thursday, February 7, 2019)]
[Rules and Regulations]
[Pages 2459-2460]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01429]
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FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 19-01]
RIN 3072-AC74
Inflation Adjustment of Civil Monetary Penalties
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Commission is publishing its adjustments to inflation
annually, 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 civil penalties by January 15 each
year.
DATES: This rule is effective on February 7, 2019, and is applicable
beginning January 15, 2019.
FOR FURTHER INFORMATION CONTACT: Tyler Wood, General Counsel, Federal
Maritime Commission, 800 North Capitol Street NW, Room 1018,
Washington, DC 20573; (202) 523-5740.
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, Sec. 701 of Public Law
114-74. 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) using data from October in the
previous calendar year. On December 14, 2018, the Office of Management
and Budget published guidance stating that the CPI-U multiplier for
October 2018 is 1.02522.\1\ In order to complete the adjustment for
January 2019, the Commission must multiply the most recent civil
penalty amounts in 46 CFR part 506.
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\1\ Office of Management and Budget, M-19-04, Implementation of
Penalty Inflation Adjustments for 2019, Pursuant to the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015,
at 1 (Dec. 14, 2018) (M-19-04).
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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.
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\2\ FCPIAA section 4(b)(2); M-19-04 at 4.
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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 (FRFA) describing the impact of
the rule on small entities. 5 U.S.C. 604. As indicated above, this
final rule is not subject to the APA's notice and comment requirements,
and the Commission is not required to prepare
[[Page 2460]]
an FRFA in conjunction with this final rule.
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
collections 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. You may use the RIN contained in the heading at the
beginning of this document to find this action in the Unified Agenda,
available at: http://www.reginfo.gov/public/do/eAgendaMain.
List of Subjects in 46 CFR Part 506
Administrative practice and procedure, Penalties.
For the reasons stated in the preamble, part 506 of title 46 of the
Code of Federal Regulations 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:
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Maximum penalty Maximum penalty
United States code citation Civil monetary penalty as of January 15, as of January 15,
description 2018 2019
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46 U.S.C. 42304.............................. Adverse impact on U.S. 2,052,107 2,103,861
carriers by foreign
shipping practices.
46 U.S.C. 41107(a)........................... Knowing and Willful 58,562 60,039
violation/Shipping Act of
1984, or Commission
regulation or order.
46 U.S.C. 41107(b)........................... Violation of Shipping Act 11,712 12,007
of 1984, Commission
regulation or order, not
knowing and willful.
46 U.S.C. 41108(b)........................... Operating in foreign 117,125 120,079
commerce after tariff
suspension.
46 U.S.C. 42104.............................. Failure to provide required 9,239 9,472
reports, etc./Merchant
Marine Act of 1920.
46 U.S.C. 42106.............................. Adverse shipping conditions/ 1,847,663 1,894,261
Merchant Marine Act of
1920.
46 U.S.C. 42108.............................. Operating after tariff or 92,383 94,713
service contract
suspension/Merchant Marine
Act of 1920.
46 U.S.C. 44102.............................. Failure to establish 23,335, 778 23,924, 798
financial responsibility
for non-performance of
transportation.
46 U.S.C. 44103.............................. Failure to establish 23,335, 778 23,924, 798
financial responsibility
for death or injury.
31 U.S.C. 3802(a)(1)......................... Program Fraud Civil 11,181 11,463
Remedies Act/makes false
claim.
31 U.S.C. 3802(a)(2)......................... Program Fraud Civil 11,181 11,463
Remedies Act/giving false
statement.
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By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2019-01429 Filed 2-6-19; 8:45 am]
BILLING CODE 6731-AA-P