Rule2023-00399
Inflation Adjustment of Civil Monetary Penalties
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 11, 2023
Effective
January 15, 2023
Issuing agencies
Federal Maritime Commission
Abstract
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 new civil penalties by January 15 each year.
Full Text
<html>
<head>
<title>Federal Register, Volume 88 Issue 7 (Wednesday, January 11, 2023)</title>
</head>
<body><pre>
[Federal Register Volume 88, Number 7 (Wednesday, January 11, 2023)]
[Rules and Regulations]
[Pages 1517-1519]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2023-00399]
=======================================================================
-----------------------------------------------------------------------
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 22-77]
RIN 3072-AC94
Inflation Adjustment of Civil Monetary Penalties
AGENCY: Federal Maritime Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
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 new civil
penalties by January 15 each year.
DATES: This rule is effective January 15, 2023.
FOR FURTHER INFORMATION CONTACT: William Cody, Secretary; Phone: (202)
523-5725; Email: <a href="/cdn-cgi/l/email-protection#dcafb9bfaeb9a8bdaea59cbab1bff2bbb3aa"><span class="__cf_email__" data-cfemail="790a1c1a0b1c0d180b00391f141a571e160f">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: This rule adjusts the civil monetary
penalties assessable by the Commission in accordance with the 2015 Act,
which
[[Page 1518]]
became effective on November 2, 2015. Public Law 114-74, section 701.
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 15, 2022, the Office of Management
and Budget published guidance stating that the CPI-U multiplier for
October 2022 is 1.07745.\1\ In order to complete the annual adjustment,
the Commission must multiply the most recent civil penalty amounts in
46 CFR part 506 by the multiplier, 1.07745.
---------------------------------------------------------------------------
\1\ Office of Management and Budget, M-23-05, Implementation of
Penalty Inflation Adjustments for 2023, Pursuant to the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015,
at 1 (Dec. 15, 2022) (M-23-05).
---------------------------------------------------------------------------
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.
---------------------------------------------------------------------------
\2\ Id. at 3-4; FCPIAA section 4(b)(2).
---------------------------------------------------------------------------
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 <a href="https://www.reginfo.gov/public/do/eAgendaMain">https://www.reginfo.gov/public/do/eAgendaMain</a>.
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)
----------------------------------------------------------------------------------------------------------------
Maximum penalty as Maximum penalty as
United States Code citation Civil monetary penalty of January 15, of January 15,
description 2022 2023
----------------------------------------------------------------------------------------------------------------
46 U.S.C. 42304............................ Adverse impact on U.S. $2,301,065 $2,479,282
carriers by foreign
shipping practices.
46 U.S.C. 41107(a)......................... Knowing and Willful 65,666 70,752
violation/Shipping Act of
1984, or Commission
regulation or order.
46 U.S.C. 41107(a)......................... Violation of Shipping Act 13,132 14,149
of 1984, Commission
regulation or order, not
knowing and willful.
46 U.S.C. 41108(b)......................... Operating in foreign 131,334 141,506
commerce after tariff
suspension.
46 U.S.C. 42104............................ Failure to provide required 10,360 11,162
reports, etc./Merchant
Marine Act of 1920.
46 U.S.C. 42106............................ Adverse shipping conditions/ 2,071,819 2,232,281
Merchant Marine Act of
1920.
46 U.S.C. 42108............................ Operating after tariff or 103,591 111,614
service contract
suspension/Merchant Marine
Act of 1920.
46 U.S.C. 44102, 44104..................... Failure to establish 26,167 28,194
financial responsibility 873 941
for non-performance of
transportation.
46 U.S.C. 44103, 44104..................... Failure to establish 26,167 28,194
financial responsibility 873 941
for death or injury.
[[Page 1519]]
31 U.S.C. 3802(a)(1)....................... Program Fraud Civil 12,537 13,508
Remedies Act/making false
claim.
31 U.S.C. 3802(a)(2)....................... Program Fraud Civil 12,537 13,508
Remedies Act/giving false
statement.
----------------------------------------------------------------------------------------------------------------
By the Commission.
William Cody,
Secretary.
[FR Doc. 2023-00399 Filed 1-10-23; 8:45 am]
BILLING CODE 6730-02-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 11, 2023.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.