[Federal Register Volume 85, Number 8 (Monday, January 13, 2020)]
[Rules and Regulations]
[Pages 1760-1761]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00294]
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FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 20-01]
RIN 3072-AC79
Inflation Adjustment of Civil Monetary Penalties
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
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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 civil
penalties by January 15 each year.
DATES: This rule is effective January 15, 2020.
FOR FURTHER INFORMATION CONTACT: William H. Shakely, Acting 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, section 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) for the month of October in the
previous calendar year. On December 16, 2019, the Office of Management
and Budget published guidance stating that the CPI-U multiplier for
October 2019 is 1.01764.\1\ In order to complete the adjustment for
January 2020, the Commission must multiply the most recent civil
penalty amounts in 46 CFR part 506 by the multiplier, 1.01764.
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\1\ Office of Management and Budget, M-20-05, Implementation of
Penalty Inflation Adjustments for 2020, Pursuant to the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015,
at 1 (Dec. 16, 2019) (M-20-05).
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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-20-05 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 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 http://www.reginfo.gov/public/do/eAgendaMain.
[[Page 1761]]
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 Maximum
Civil monetary penalty penalty as of penalty as of
United States Code citation description January 15, January 15,
2019 2020
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46 U.S.C. 42304............................... Adverse impact on U.S. carriers $2,103,861 $2,140,973
by foreign shipping practices.
46 U.S.C. 41107(a)............................ Knowing and Willful violation/ 60,039 61,098
Shipping Act of 1984, or
Commission regulation or order.
46 U.S.C. 41107(a)............................ Violation of Shipping Act of 12,007 12,219
1984, Commission regulation or
order, not knowing and willful.
46 U.S.C. 41108(b)............................ Operating in foreign commerce 120,079 122,197
after tariff suspension.
46 U.S.C. 42104............................... Failure to provide required 9,472 9,639
reports, etc./Merchant Marine
Act of 1920.
46 U.S.C. 42106............................... Adverse shipping conditions/ 1,894,261 1,927,676
Merchant Marine Act of 1920.
46 U.S.C. 42108............................... Operating after tariff or 94,713 96,384
service contract suspension/
Merchant Marine Act of 1920.
46 U.S.C. 44102, 44104........................ Failure to establish financial 23,924 24,346
responsibility for non- 798 812
performance of transportation.
46 U.S.C. 44103, 44104........................ Failure to establish financial 23,924 24,346
responsibility for death or 798 812
injury.
31 U.S.C. 3802(a)(1).......................... Program Fraud Civil Remedies Act/ 11,463 11,665
making false claim.
31 U.S.C. 3802(a)(2).......................... Program Fraud Civil Remedies Act/ 11,463 11,665
giving false statement.
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By the Commission.
Rachel Dickon,
Secretary.
[FR Doc. 2020-00294 Filed 1-10-20; 8:45 am]
BILLING CODE 6731-AA-P