Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 67073 

1Under the Federal Civil Penalties Inflation 

Adjustment Act of 1990, a penalty is a civil 

monetary penalty if (among other things) it is for 

a specific monetary amount or has a maximum 

amount specified by Federal law. Title IV also 

provides (in section 4007) for penalties for late 

payment of premiums, but those penalties are 

neither in a specified amount nor subject to a 

specified maximum amount. 

2Sec. 701, Public Law 114–74, 129 Stat. 599–601 

(Bipartisan Budget Act of 2015). 

D. Paperwork Reduction Act 

The provisions of the Paperwork 

Reduction Act of 1995, 44 U.S.C. 

chapter 35, and its implementing 

regulations, 5 CFR part 1320, do not 

apply to this final rule, because this 

final rule does not trigger any new or 

revised recordkeeping or reporting. 

VI. Signing Authority 

The signing authority for this 

document falls under 19 CFR 0.2(a). 

Accordingly, this document is signed by 

the Secretary of Homeland Security. 

List of Subjects in 19 CFR Part 4 

Exports, Freight, Harbors, Maritime 

carriers, Oil pollution, Reporting and 

recordkeeping requirements, Vessels. 

Amendments to the Regulations 

For the reasons stated in the 

preamble, CBP amends 19 CFR part 4 as 

follows: 

PART 4—VESSELS IN FOREIGN AND 

DOMESTIC TRADES 

■ 1. The authority citation for part 4 

continues to read in part as follows: 

Authority: 5 U.S.C. 301; 19 U.S.C. 66, 

1431, 1433, 1434, 1624, 2071 note; 46 U.S.C. 

501, 60105. 

* * * * * 

Sections 4.80, 4.80a, and 4.80b also issued 

under 19 U.S.C. 1706a; 28 U.S.C. 2461 note; 

46 U.S.C. 12112, 12117, 12118, 50501–55106, 

55107, 55108, 55110, 55114, 55115, 55116, 

55117, 55119, 56101, 55121, 56101, 57109; 

Pub. L. 108–7, Division B, Title II, § 211; 

* * * * * 

■ 2. Revise § 4.80(i) to read as follows: 

§ 4.80 Vessels entitled to engage in 

coastwise trade. 

* * * * * 

(i) Any vessel, entitled to be 

documented and not so documented, 

employed in a trade for which a 

Certificate of Documentation is issued 

under the vessel documentation laws 

(see § 4.0(c)), other than a trade covered 

by a registry, is liable to a civil penalty 

of $500 for each port at which it arrives 

without the proper Certificate of 

Documentation on or before November 

2, 2015, and $1296 for each port at 

which it arrives without the proper 

Certificate of Documentation after 

November 2, 2015 (19 U.S.C. 1706a, as 

adjusted by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015). If such a vessel has on 

board any foreign merchandise (sea 

stores excepted), or any domestic 

taxable alcoholic beverages, on which 

the duty and taxes have not been paid 

or secured to be paid, the vessel and its 

cargo are subject to seizure and 

forfeiture. 

Claire M. Grady, 

Under Secretary for Management and Senior 

Official Performing the Duties of the Deputy 

Secretary. 

[FR Doc. 2018–28141 Filed 12–27–18; 8:45 am] 

BILLING CODE 9111–14–P 

PENSION BENEFIT GUARANTY 

CORPORATION 

29 CFR Parts 4071 and 4302 

RIN 1212–AB45 

Adjustment of Civil Penalties for 

Inflation 

AGENCY: Pension Benefit Guaranty 

Corporation. 

ACTION: Final rule. 

SUMMARY: The Pension Benefit Guaranty 

Corporation is required to amend its 

regulations annually to adjust for 

inflation the maximum civil penalty for 

failure to provide certain notices or 

other material information and for 

failure to provide certain multiemployer 

plan notices. 

DATES: Effective date: This rule is 

effective on December 28, 2018. 

Applicability date: The increases in 

the civil monetary penalties under 

sections 4071 and 4302 of the Employee 

Retirement Income Security Act 

provided for in this rule apply to such 

penalties assessed after December 28, 

2018. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Cibinic, Deputy Assistant 

General Counsel for Regulatory Affairs 

(cibinic.stephanie@pbgc.gov), Office of 

the General Counsel, Pension Benefit 

Guaranty Corporation, 1200 K Street 

NW, Washington, DC 20005–4026; 202– 

326–4400 extension 6352. (TTY users 

may call the Federal relay service tollfree at 800–877–8339 and ask to be 

connected to 202–326–4400 extension 

6352.) 

SUPPLEMENTARY INFORMATION: 

Executive Summary 

Purpose of the Regulatory Action 

This rule is needed to carry out the 

requirements of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 and Office of 

Management and Budget guidance M– 

19–04. The rule adjusts, as required for 

2019, the maximum civil penalties 

under 29 CFR part 4071 and 29 CFR part 

4302 that the Pension Benefit Guaranty 

Corporation (PBGC) may assess for 

failure to provide certain notices or 

other material information and certain 

multiemployer plan notices. 

PBGC’s legal authority for this action 

comes from the Federal Civil Penalties 

Inflation Adjustment Act of 1990 as 

amended by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 and from sections 

4002(b)(3), 4071, and 4302 of the 

Employee Retirement Income Security 

Act of 1974 (ERISA). 

Major Provisions of the Regulatory 

Action 

This rule adjusts as required by law 

the maximum civil penalties that PBGC 

may assess under sections 4071 and 

4302 of ERISA. The new maximum 

amounts are $2,194 for section 4071 

penalties and $292 for section 4302 

penalties. 

Background 

PBGC administers title IV of ERISA. 

Title IV has two provisions that 

authorize PBGC to assess civil monetary 

penalties.1 Section 4302, added to 

ERISA by the Multiemployer Pension 

Plan Amendments Act of 1980, 

authorizes PBGC to assess a civil 

penalty of up to $100 a day for failure 

to provide a notice under subtitle E of 

title IV of ERISA (dealing with 

multiemployer plans). Section 4071, 

added to ERISA by the Omnibus Budget 

Reconciliation Act of 1987, authorizes 

PBGC to assess a civil penalty of up to 

$1,000 a day for failure to provide a 

notice or other material information 

under subtitles A, B, and C of title IV 

and sections 303(k)(4) and 306(g)(4) of 

title I of ERISA. 

Adjustment of Civil Penalties 

On November 2, 2015, the President 

signed into law the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015,2 which 

requires agencies to adjust civil 

monetary penalties for inflation and to 

publish the adjustments in the Federal 

Register. An initial adjustment was 

required to be made by interim final 

rule published by July 1, 2016, and 

effective by August 1, 2016. Subsequent 

adjustments must be published by 

January 15 each year after 2016. 

On December 14, 2018, the Office of 

Management and Budget issued 


amozie on DSK3GDR082PROD with RULES
67074 Federal Register / Vol. 83, No. 248 / Friday, December 28, 2018 / Rules and Regulations 

3See M–19–04, Implementation of Penalty 

Inflation Adjustments for 2019, Pursuant to the 

Federal Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015, https://

www.whitehouse.gov/omb/information-foragencies/memoranda/. 

memorandum M–19–04 on 

implementation of the 2019 annual 

inflation adjustment pursuant to the 

2015 act.3 The memorandum provides 

agencies with the cost-of-living 

adjustment multiplier for 2019, which is 

based on the Consumer Price Index 

(CPI–U) for the month of October 2018, 

not seasonally adjusted. The multiplier 

for 2019 is 1.02522. The adjusted 

maximum amounts are $2,194 for 

section 4071 penalties and $292 for 

section 4302 penalties. 

Compliance With Regulatory 

Requirements 

The Office of Management and Budget 

has determined that this rule is not a 

‘‘significant regulatory action’’ under 

Executive Order 12866 and therefore not 

subject to its review. As this is not a 

significant regulatory action under E.O. 

12866, it is not considered an E.O. 

13771 regulatory action. 

The Office of Management and Budget 

also has determined that notice and 

public comment on this final rule are 

unnecessary because the adjustment of 

civil penalties implemented in the rule 

is required by law. See 5 U.S.C. 553(b). 

Because no general notice of proposed 

rulemaking is required for this rule, the 

Regulatory Flexibility Act of 1980 does 

not apply. See 5 U.S.C. 601(2). 

List of Subjects 

29 CFR Part 4071 

Penalties. 

29 CFR Part 4302 

Penalties. 

In consideration of the foregoing, 

PBGC amends 29 CFR parts 4071 and 

4302 as follows: 

PART 4071—PENALTIES FOR 

FAILURE TO PROVIDE CERTAIN 

NOTICES OR OTHER MATERIAL 

INFORMATION 

■ 1. The authority citation for part 4071 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note, as 

amended by sec. 701, Pub. L. 114–74, 129 

Stat. 599–601; 29 U.S.C. 1302(b)(3), 1371. 

§ 4071.3 [Amended] 

■ 2. In § 4071.3, the figures ‘‘$2,140’’ are 

removed and the figures ‘‘$2,194’’ are 

added in their place. 

PART 4302—PENALTIES FOR 

FAILURE TO PROVIDE CERTAIN 

MULTIEMPLOYER PLAN NOTICES 

■ 3. The authority citation for part 4302 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note, as 

amended by sec. 701, Pub. L. 114–74, 129 

Stat. 599–601; 29 U.S.C. 1302(b)(3), 1452. 

§ 4302.3 [Amended] 

■ 4. In § 4302.3, the figures ‘‘$285’’ are 

removed and the figures ‘‘$292’’ are 

added in their place. 

Issued in Washington, DC. 

William Reeder, 

Director, Pension Benefit Guaranty 

Corporation. 

[FR Doc. 2018–28177 Filed 12–27–18; 8:45 am] 

BILLING CODE 7709–02–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2018–1094] 

Safety Zone, Brandon Road Lock and 

Dam to Lake Michigan Including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, and 

Calumet-Saganashkee Channel, 

Chicago, IL 

AGENCY: Coast Guard, DHS. 

ACTION: Notice of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a segment of the Safety Zone; Brandon 

Road Lock and Dam to Lake Michigan 

including Des Plaines River, Chicago 

Sanitary and Ship Canal, Chicago River, 

Calumet-Saganashkee Channel on all 

waters of the main branch of the 

Chicago River 600 feet west of the 

Franklin/Orleans Street Bridge and 

1,000 feet east of the Columbus Drive 

Bridge from 11:45 p.m. on December 31, 

2018 through 12:15 a.m. on January 1, 

2019. This action is necessary and 

intended to ensure the safety of life and 

property on navigable waters prior to, 

during, and immediately after this 

fireworks display. During the 

enforcement period listed below 

transiting within the safety zone is 

prohibited unless authorized by the 

Captain of the Port Lake Michigan or a 

designated representative. 

DATES: The regulations in 33 CFR 

165.930 will be enforced from 11:45 

p.m. on December 31, 2018 through 

12:15 a.m. on January 1, 2019. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email LT John 

Ramos, Waterways Management 

Division, Marine Safety Unit Chicago, at 

630–986–2155, email address D09-DGMSUChicago-Waterways@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce a segment of the 

Safety Zone; Brandon Road Lock and 

Dam to Lake Michigan including Des 

Plaines River, Chicago Sanitary and 

Ship Canal, Chicago River, CalumetSaganashkee Channel, Chicago, IL, 

listed in 33 CFR 165.930. Specifically, 

the Coast Guard will enforce this safety 

zone on all waters of the main branch 

of the Chicago River 600 feet west of the 

Franklin/Orleans Street Bridge and 

1,000 feet east of the Columbus Drive 

Bridge from 11:45 p.m. on December 31, 

2018 through 12:15 a.m. on January 1, 

2019. During the enforcement period, no 

vessel may enter into, transit, moor lay 

up or anchor within this regulated area 

without approval from the Captain of 

the Port Lake Michigan or a Captain of 

the Port Lake Michigan designated 

representative. Vessels and persons 

granted permission to enter the safety 

zone shall obey all lawful orders or 

directions of the Captain of the Port 

Lake Michigan, or his or her on-scene 

representative. 

This notice of enforcement is issued 

under the authority of 33 CFR 165.930 

and 5 U.S.C. 552(a). In addition to this 

publication in the Federal Register, the 

Captain of the Port Lake Michigan will 

also provide notice through other 

means, which will include Broadcast 

Notice to Mariners, distribution in 

leaflet form, and/or on-scene oral notice. 

Additionally, the Captain of the Port 

Lake Michigan may notify 

representatives from the maritime 

industry through telephonic and email 

notifications. If the Captain of the Port 

or a designated representative 

determines that the regulated area need 

not be enforced for the full duration 

stated in this notice of enforcement, he 

or she may use a Broadcast Notice to 

Mariners to grant general permission to 

enter the regulated area. The Captain of 

the Port Lake Michigan or a designated 

on-scene representative may be 

contacted via Channel 16, VHF–FM or 

at (414) 747–7182. 

Dated: December 14, 2018. 

Thomas J. Stuhlreyer, 

Captain, U.S. Coast Guard, Captain of the 

Port Lake Michigan. 

[FR Doc. 2018–28138 Filed 12–27–18; 8:45 am] 

BILLING CODE 9110–04–P 


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