1304 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 

1Office of Management and Budget, M–18–03, 

Implementation of Penalty Inflation Adjustments 

for 2018, Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements Act of 

2015, at 1 (Dec. 15, 2017) (M–18–03). 2FCPIAA section 4(b)(2); M–17–11 at 2. 

in such prohibited conduct, and as a 

result, we believe that any aggregate 

economic impact of these revised 

regulations will be minimal, affecting 

only those limited few who may engage 

in prohibited conduct in violation of the 

statute. As such, this final rule and the 

inflation adjustment contained therein 

should have no effect on Federal or state 

expenditures. 

V. Regulatory Flexibility Act 

The Administrator of General Services 

certifies that this final rule will not have 

a significant economic impact on a 

substantial number of small business 

entities. While some penalties may have 

an impact on small business entities, it 

is the nature of the violation and not the 

size of the entity that will result in an 

action by the agency, and the aggregate 

economic impact of this rulemaking on 

small business entities should be 

minimal, affecting only those few who 

have engaged in prohibited conduct in 

violation of statutory intent. 

VI. Paperwork Reduction Act 

This final rule imposes no new 

reporting or recordkeeping requirements 

necessitating clearance by OMB. 

List of Subject in 41 CFR Part 105–70 

Administrative hearing, Claims, 

Program fraud. 

Dated: January 5, 2018. 

Emily W. Murphy, 

Administrator. 

Accordingly, 41 CFR part 105–70 is 

amended as set forth below: 

PART 105–70—IMPLEMENTATION OF 

THE PROGRAM FRAUD CIVIL 

REMEDIES ACT OF 1986 

■ 1. The authority citation for part 105– 

70 is revised to read as follows: 

Authority: 40 U.S.C. 121(c); 31 U.S.C. 

3809. 

* * * * * 

§ 105–70.003 [Amended] 

■ 2. Amend § 105–70.003 by— 

■ a. Removing from paragraph (a)(1)(iv) 

the amount ‘‘10,781’’ and adding 

‘‘11,001’’ in its place; and 

■ b. Removing from paragraph (b)(1)(ii) 

the amount ‘‘10,781’’ and adding 

‘‘11,001’’ in its place. 

[FR Doc. 2018–00367 Filed 1–10–18; 8:45 am] 

BILLING CODE 6820–81–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 506 

[Docket No. 18–01] 

RIN 3072–AC70 

Inflation Adjustment of Civil Monetary 

Penalties 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is 

publishing its adjustments to inflation 

annually, 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 on January 

15, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Tyler Wood, 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, 

Sec. 701 of Public Law 11–74. 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) using data from 

October in the previous calendar year. 

On December 15, 2017, the Office of 

Management and Budget published 

guidance stating that the CPI–U 

multiplier for October 2017 is 1.02041.1

In order to complete the adjustment for 

January 2018, agencies must multiply 

the most recent civil penalty amounts in 

46 CFR part 506. 

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. 

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 foreignbased 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 (FRFA) describing the impact 

of the rule on small entities. 5 U.S.C. 

604. As indicated above, this final rule 

is not subject to the APA’s notice and 

comment requirements, and the 

Commission is not required to prepare 

an FRFA in conjunction with this final 

rule. 

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 collections 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. You 


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Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 1305 

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. 

List of Subjects in 46 CFR Part 506 

Administrative practice and 

procedure, Penalties. 

For the reasons stated in the 

preamble, part 506 of title 46 of the 

Code of Federal Regulations is amended 

as follows: 

PART 506—CIVIL MONETARY 

PENALTY INFLATION ADJUSTMENT 

■ 1. The authority citation for part 506 

continues to read as follows: 

Authority: 28 U.S.C. 2461. 

■ 2. Amend § 506.4 by revising 

paragraph (d) to read as follows: 

§ 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: 

United States Code citation Civil monetary penalty description 

Maximum 

penalty 

amount as of 

January 15, 

2017 

Maximum 

penalty 

as of 

January 15, 

2018 

46 U.S.C. 42304 ............... Adverse impact on U.S. carriers by foreign shipping practices .............................. 2,011,061 2,052,107 

46 U.S.C. 41107(a) ........... Knowing and Willful violation/Shipping Act of 1984, or Commission regulation or 

order.

57,391 58,562 

46 U.S.C. 41107(b) ........... Violation of Shipping Act of 1984, Commission regulation or order, not knowing 

and willful.

11,478 11,712 

46 U.S.C. 41108(b) ........... Operating in foreign commerce after tariff suspension ........................................... 114,782 117,125 

46 U.S.C. 42104 ............... Failure to provide required reports, etc./Merchant Marine Act of 1920 .................. 9,054 9,239 

46 U.S.C. 42106 ............... Adverse shipping conditions/Merchant Marine Act of 1920 .................................... 1,810,706 1,847,663 

46 U.S.C. 42108 ............... Operating after tariff or service contract suspension/Merchant Marine Act of 1920 90,535 92,383 

46 U.S.C. 44102 ............... Failure to establish financial responsibility for non-performance of transportation 22,868 

762 

23,335 

778 

46 U.S.C. 44103 ............... Failure to establish financial responsibility for death or injury ................................. 22,868 

762 

23,335 

778 

31 U.S.C. 3802(a)(1) ........ Program Fraud Civil Remedies Act/makes false claim ........................................... 10,957 11,181 

31 U.S.C. 3802(a)(2) ........ Program Fraud Civil Remedies Act/giving false statement ..................................... 10,957 11,181 

By the Commission. 

Rachel E. Dickon, 

Assistant Secretary. 

[FR Doc. 2018–00319 Filed 1–10–18; 8:45 am] 

BILLING CODE 6731–AA–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 622 

[Docket No. 170324313–7999–02] 

RIN 0648–BG77 

Fisheries of the Caribbean, Gulf of 

Mexico, and South Atlantic; SnapperGrouper Fishery of the South Atlantic 

Region; Amendment 41 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS implements 

management measures described in 

Amendment 41 to the Fishery 

Management Plan for the SnapperGrouper Fishery of the South Atlantic 

Region (Snapper-Grouper FMP), as 

prepared and submitted by the South 

Atlantic Fishery Management Council 

(South Atlantic Council). This final rule 

revises commercial and recreational 

annual catch limits (ACLs), the 

minimum size limit, commercial trip 

limits, and the recreational bag limit for 

mutton snapper in the South Atlantic 

based on the results of the most recent 

stock assessment update. The purpose 

of this final rule is to ensure that mutton 

snapper is managed based on the best 

scientific information available to 

achieve optimum yield (OY) and to 

prevent overfishing, while minimizing 

adverse social and economic effects to 

the extent practicable. 

DATES: This final rule is effective on 

February 10, 2018. 

ADDRESSES: Electronic copies of 

Amendment 41 may be obtained from 

www.regulations.gov or the Southeast 

Regional Office website at http://http:// 

sero.nmfs.noaa.gov/sustainable_

fisheries/s_atl/sg/2016/am41/ 

index.html. Amendment 41 includes an 

environmental assessment, regulatory 

impact review, Regulatory Flexibility 

Act (RFA) analysis, and fishery impact 

statement. 

FOR FURTHER INFORMATION CONTACT: 

Mary Vara, NMFS Southeast Regional 

Office, telephone: 727–824–5305, or 

email: mary.vara@noaa.gov. 

SUPPLEMENTARY INFORMATION: The 

snapper-grouper fishery in the South 

Atlantic region includes mutton snapper 

and is managed under the SnapperGrouper FMP. The Snapper-Grouper 

FMP was prepared by the South 

Atlantic Council and is implemented by 

NMFS through regulations at 50 CFR 

part 622 under the authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act 

(Magnuson-Stevens Act). 

On September 26, 2017, NMFS 

published the notice of availability for 

Amendment 41 in the Federal Register 

and requested public comment (82 FR 

44756). On October 24, 2017, NMFS 

published a proposed rule for 

Amendment 41 in the Federal Register 

and requested public comment (82 FR 

49167). Amendment 41 and the 

proposed rule outline the rationale for 

the actions contained in this final rule. 

A summary of the management 

measures described in Amendment 41 

and implemented by this final rule is 

provided below. 

Management Measures Contained in 

This Final Rule 

This final rule revises the mutton 

snapper ACLs for the commercial and 

recreational sectors in the South 

Atlantic, increases the minimum size 

limit for mutton snapper in the 

commercial and recreational sectors, 

and modifies the commercial trip limit 

and the recreational bag limit. Unless 


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