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 Federal Maritime Commission 46 CFR Part 506
[Docket No. 18-01]
RIN 3072-AC70
 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 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 (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 
                    ( print page 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
  
 (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, 
                                     201846 U.S.C. 42304
Adverse impact on U.S. carriers by foreign shipping practices
2,011,061
2,052,10746 U.S.C. 41107(a)
Knowing and Willful violation/Shipping Act of 1984, or Commission regulation or order
57,391
58,56246 U.S.C. 41107(b)
Violation of Shipping Act of 1984, Commission regulation or order, not knowing and willful
11,478
11,71246 U.S.C. 41108(b)
Operating in foreign commerce after tariff suspension
114,782
117,12546 U.S.C. 42104
Failure to provide required reports, etc./Merchant Marine Act of 1920
9,054
9,23946 U.S.C. 42106
Adverse shipping conditions/Merchant Marine Act of 1920
1,810,706
1,847,66346 U.S.C. 42108
Operating after tariff or service contract suspension/Merchant Marine Act of 1920
90,535
92,38346 U.S.C. 44102
Failure to establish financial responsibility for non-performance of transportation
22,868
                                     762
23,335
                                     77846 U.S.C. 44103
Failure to establish financial responsibility for death or injury
22,868
                                     762
23,335
                                     77831 U.S.C. 3802(a)(1)
Program Fraud Civil Remedies Act/makes false claim
10,957
11,18131 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.


# Footnotes

1.
    
                         Office 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). Back to Citation
 2.
    
                         FCPIAA section 4(b)(2); M-17-11 at 2. Back to Citation


[FR Doc. 2018-00319 Filed 1-10-18; 8:45 am] BILLING CODE 6731-AA-P