[Federal Register Volume 91, Number 105 (Tuesday, June 2, 2026)]
[Rules and Regulations]
[Pages 32888-32889]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2026-10996]
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FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. FMC-2026-0232]
RIN 3072-AD05
Inflation Adjustment of Civil Monetary Penalties
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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SUMMARY: The Federal Maritime Commission (the Commission or FMC)'s
civil monetary penalty amounts will not increase for the 2026 calendar
year. The FMC is generally required by statute to annually adjust for
inflation the maximum civil penalty amounts subject to the Commission's
jurisdiction. In accordance with guidance from the Office of Management
and Budget (OMB), however, the FMC will continue to use the 2025 civil
monetary penalty levels due to the absence of a cost-of-living
adjustment for 2026.
DATES: This rule is effective June 2, 2026.
FOR FURTHER INFORMATION CONTACT: David Eng, Secretary; Phone: (202)
523-5725; Email: [email protected].
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (Pub. L. 114-74, sec. 701),
which further amended the Federal Civil Penalties Inflation Adjustment
Act of 1990 (Pub. L. 101-410), was enacted on November 2, 2015.\1\ The
2015 Act requires agencies to annually adjust the level of civil
monetary penalties for inflation based on Consumer Price Index (CPI-U)
data from the Bureau of Labor Statistics (BLS).\2\ Per the 2015 Act,
the annual civil monetary penalties cost-of-living adjustment is based
on BLS data from the month of October of the prior year. Due to the
Government shutdown, BLS did not release a CPI-U for October 2025.
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\1\ Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, Sec. 701(b)(1)(A) (codified as amended at
28 U.S.C. 2461 note).
\2\ OMB Memorandum M-16-06, Implementation of the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (Feb.
24, 2016), guided agencies on initial ``catch-up'' adjustment
requirements, and subsequent memoranda, including, for example, M-
24-07, guided agencies on annual adjustment requirements.
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On April 17, 2026, OMB issued memorandum M-26-11, Cancellation of
Penalty Inflation Adjustments for 2026, Regarding the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015, informing
agencies of the cancellation of the inflation adjustment for 2026.
Based on the lack of CPI-U data for October 2025, which is needed to
make adjustments under the 2015 Act, and in accordance with OMB
Memorandum M-26-11, the Commission will continue using the 2025 civil
monetary penalty levels.
Rulemaking Analyses and Notices
Administrative Procedure Act
Adjustments under the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015, as amended, are not subject to the
procedural rulemaking requirements of 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.\3\
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\3\ 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).
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Executive Order 12866
OIRA has determined that this rule is not significant for purposes
of section 3 of Executive Order 12866.
[[Page 32889]]
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 therefore 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).
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)
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Maximum penalty Maximum penalty
United States Code citation Civil monetary penalty as of January as of January
description 15, 2025 15, 2026
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46 U.S.C. 42304................................... Adverse impact on U.S. $2,626,135 $2,626,135
carriers by foreign
shipping practices.
46 U.S.C. 41107(a)................................ Knowing and Willful 74,943 74,943
violation/Shipping Act of
1984, or Commission
regulation or order.
46 U.S.C. 41107(a)................................ Violation of Shipping Act 14,988 14,988
of 1984, Commission
regulation or order, not
knowing and willful.
46 U.S.C. 41108(b)................................ Operating in foreign 149,887 149,887
commerce after tariff
suspension.
46 U.S.C. 42104................................... Failure to provide 11,823 11,823
required reports, etc./
Merchant Marine Act of
1920.
46 U.S.C. 42106................................... Adverse shipping 2,364,503 2,364,503
conditions/Merchant
Marine Act of 1920.
46 U.S.C. 42108................................... Operating after tariff or 118,225 118,225
service contract
suspension/Merchant
Marine Act of 1920.
46 U.S.C. 44102, 44104............................ Failure to establish 29,864 29,864
financial responsibility 996 996
for non-performance of
transportation.
46 U.S.C. 44103, 44104............................ Failure to establish 29,864 29,864
financial responsibility 996 996
for death or injury.
31 U.S.C. 3802(a)(1).............................. Program Fraud Civil 14,308 14,308
Remedies Act/making false
claim.
31 U.S.C. 3802(a)(2).............................. Program Fraud Civil 14,308 14,308
Remedies Act/giving false
statement.
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By the Commission.
David Eng,
Secretary.
[FR Doc. 2026-10996 Filed 6-1-26; 8:45 am]
BILLING CODE 6730-02-P