Federal Register / Vol. 62, No. 27 / Monday, February 10, 1997 / Proposed Rules 5957

FEDERAL EMERGENCY

MANAGEMENT AGENCY

44 CFR Part 206

RIN 3067–AC61

Criminal and Civil Penalties Under the

Robert T. Stafford Disaster Relief and

Emergency Assistance Act

AGENCY: Federal Emergency

Management Agency (FEMA).

ACTION: Proposed rule.

SUMMARY: FEMA proposes to increase its

maximum civil penalty under the

Robert T. Stafford Disaster Relief &

Emergency Assistance Act (42 U.S.C.

5157(d)) from $5,000 to $5,500. This

increase is authorized by the Civil

Penalties Inflation Adjustment Act of

1990 (Pub. L. 101–410, 28 U.S.C. 2461

note).

DATES: We invite comments on this

proposed rule and will accept

comments until April 11, 1997.

ADDRESSES: Please send written

comments to the Rules Docket Clerk,

Office of General Counsel, Federal

Emergency Management Agency, 500 C

Street SW., Washington, DC 20472,

(facsimile) (202) 646–4536.

FOR FURTHER INFORMATION CONTACT:

Richard S. Buck, IV, Office of Financial

Management, Financial Policy Division,

Federal Emergency Management

Agency, 500 C Street SW., Washington,

DC 20472, (202) 646–4091.

SUPPLEMENTARY INFORMATION: Congress

mandated in the Debt Collection

Improvement Act of 1996, Pub. L. 104–

134, Section 31001(s)(1) that Federal

agencies, including FEMA, adjust their

maximum civil penalties either by the

factor calculated under the

mathematical formulae set out in the

Federal Civil Penalties Inflation

Adjustment Act of 1990 (Adjustment

Act, 28 U.S.C. 2461, note, Section 4) or

by 10%, whichever is less. The

Adjustment Act requires agencies to

increase their maximum civil penalties

to reflect changes in the Department of

Labor’s consumer price index of all

urban consumers (CPI).

In 1988 Congress enacted Section

314(d) of the Robert T. Stafford Disaster

Relief & Emergency Assistance Act (42

U.S.C. 5157(d)) (Stafford Act) and set

the maximum civil monetary penalty for

any person ‘‘* * * who knowingly

violates any order or regulation issued

under this [Stafford] Act * * *’’ at

$5,000. Since passage of the Stafford Act

and FEMA’s publishing its

implementing regulations at 44 CFR

206.14(d), the CPI has increased by

more than 33%. However, the Debt

Collection Improvement Act (Pub. L.

104–134, § 31001(s)(2)) sets a maximum

increase of 10% for the initial monetary

penalty adjustments. For FEMA this

would be $500. Thus, the adjusted

Stafford Act maximum civil monetary

penalty would be $5,500.

This change is required by the Federal

Civil Penalties Inflation Adjustment Act

of 1990 (Pub. L. 101–410), as amended

by the Debt Collection Improvement Act

of 1996 (Pub. L. 104–134).

This rule would set the maximum

Stafford Act civil monetary penalty for

those violations occurring 30 days after

publication of the final rule at $5,500.

For violations occurring on or before 30

days after publication of the final rule,

the maximum civil monetary penalty

would remain $5,000.

National Environmental Policy Act

This rule is categorically excluded

from the requirements of 44 CFR Part

10, Environmental Considerations. No

environmental impact assessment has

been prepared.

Regulatory Flexibility Act

I certify that this rule will not have a

significant impact on a substantial

number of small entities in accordance

with the Regulatory Flexibility Act, 5

U.S.C. 601 et seq., because the rule

increases civil monetary penalties to be

paid by the small number of persons

who knowingly violate regulations

issued under the Stafford Act.

Paperwork Reduction Act

This rule does not involve any

collection of information for the

purposes of the Paperwork Reduction

Act, 44 U.S.C. 3501 et seq.

Executive Order 12612, Federalism

This rule involves no policies that

have federalism implications under

Executive Order 12162, Federalism,

dated October 26, 1987.

Executive Order 12887, Civil Justice

Reform. This rule meets the applicable

standards of Section 2(b)(2) of Executive

Order 12887.

List of Subjects in 44 CFR Part 206

Disaster assistance, Penalties.

Accordingly, 44 CFR part 206 is

proposed to be amended as follows:

PART 206—FEDERAL DISASTER

ASSISTANCE FOR DISASTERS

DECLARED ON OR AFTER

NOVEMBER 23, 1988

1. Section 206.14(d) is revised to read

as follows:

§ 206.14 Criminal and civil penalties.

* * * * *

(d) Civil penalty. Any individual who

knowingly violates any order or

regulation on or before [30 days after

publication of final rule] shall be subject

to a civil penalty of not more than

$5,000 for each violation. Any

individual who knowingly violates any

order or regulation after [30 days after

publication of final rule] shall be subject

to a civil penalty of not more than

$5,500 for each violation.

Dated: January 31, 1997.

James L. Witt,

Director.

[FR Doc. 97–2965 Filed 2–7–97; 8:45 am]

BILLING CODE 6718–02–P

FEDERAL COMMUNICATIONS

COMMISSION

47 CFR Parts 36, 51, 61 and 69

[CC Docket Nos. 96–45, 96–262, and 96–

98; DA 97–239]

Implementation of the

Telecommunications Act of 1996

AGENCY: Federal Communications

Commission.

ACTION: Request for comment; extension

of comment period.

SUMMARY: The Common Carrier Bureau

of the Federal Communications

Commission here extends time for

parties to comment on issues raised by

its January 9, 1997 Staff Analysis of

economic cost computer models

submitted in connection with several

pending proceedings implementing the

Telecommunications Act of 1996. The

Public Notice setting the original

comment deadlines was published in

the Federal Register on February 5,

1997.

DATES: Comments in response to the

Public Notice are due February 13,

1997, and replies are due February 20,

1997.

ADDRESSES: Commenters must file an

original and four copies of their

comments with the Office of the

Secretary, Federal Communications

Commission, Room 222, 1919 M Street,

N.W., Washington, D.C. 20554.

FOR FURTHER INFORMATION CONTACT:

David A. Konuch, 202–418–0199 or

Brad Wimmer, 202–418–1847.

SUPPLEMENTARY INFORMATION: Released:

January 31, 1997.

Extension of Time Granted for Parties

To Submit Comments in Response to

Commission Staff’s Analysis of Cost

Proxy Models

Comment Date: February 13, 1997

Reply Comment Date: February 20, 1997