Unknown. Final rule
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/register/2020/01/03/2019-27864A research copy — for the controlling text, always check the official state or federal source. Not legal advice.
--- schema: federal-register doc_type: fedreg source_file: FR-2020-01-03.xml --- 85 2 Friday, January 3, 2020 Contents Agriculture Agriculture Department See Forest Service Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Changes to Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs, etc., 224-230 2019-28364 Coast Guard Coast Guard RULES Regulated Navigation Areas and Safety Zones:
Tappan Zee Bridge Construction Project, Hudson River; South Nyack and Tarrytown, NY, 218-222 2019-28115 Regulated Navigation Areas: Thea Foss, Middle Waterway, and Wheeler-Osgood Waterways EPA Superfund Cleanup Site, Commencement Bay, Tacoma, WA, 212-214 2019-27980 Safety Zone: Lower Mississippi River, Mile Markers 229.5 to 230.5 Baton Rouge, LA, 214-216 2019-27961 Lower Mississippi River, Vidalia, LA, 222-224 2019-28190 Sacramento New Years Eve Fireworks Display, Sacramento River, Sacramento, CA, 210-212 2019-28191 Safety Zones:
New Orleans, LA, 216 2019-27958 Security Zones: Lower Mississippi River, New Orleans LA, 216-218 2019-28113 PROPOSED RULES Security Zones: Cooper River; Charleston, SC, 271-274 2019-28388 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration RULES Civil Monetary Penalty Adjustments for Inflation, 207-210 2019-27864 Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;
Additions and Deletions, 302-303 2019-28369 Education Department Education Department NOTICES Federal Perkins Loan, Federal Work-Study, and Federal Supplemental Educational Opportunity Grant Programs: 2020-21 Award Year Deadline Dates, 303-305 2019-28420 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Nebraska;
Lincoln-Lancaster County Health Department, 274-275 2019-28324 NOTICES Cancellation Order for Certain Pesticide Registrations and Amendments to Terminate Uses, 307-312 2019-28335 2019-28336 Draft Toxic Substances Control Act Risk Evaluation: N-Methylpyrrolidone, 310 2019-28334 Environmental Impact Statements; Availability, etc.: Weekly Receipt, 306-307 2019-28393 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 312 2019-28503 Federal Communications Federal Communications Commission RULES Protecting Against National Security Threats to the Communications Supply Chain Through FCC Programs:
Huawei Designation; ZTE Designation, 230-250 2019-27610 PROPOSED RULES Protecting Against National Security Threats to the Communications Supply Chain through FCC Programs, 277-285 2019-27646 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 314-316 2019-28409 Procedures for Processing FCC Form 314 and 315 Assignment and Transfer of Control Applications for Commercial Stations in Light of Third Circuit Mandate, 312-313 2019-28384 Procedures for Processing License Renewal Applications for Commercial Radio Stations in Light of Third Circuit Mandate, 313-314 2019-28385 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Revised Public Utility Filing Requirements for Electric Quarterly Reports, 265 2019-27922 NOTICES Combined Filings, 305-306 2019-28398 Petition for Declaratory Order:
North Carolina Eastern Municipal Power Agency, 306 2019-28399 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 316 2019-28410 Fiscal Fiscal Service PROPOSED RULES Federal Government Participation in the Automated Clearing House, 265-271 2019-27261 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application by Survivors for Payment of Bond or Check Issued under the Armed Forces Leave Act of 1946, As Amended, 416-417 2019-28422 Minority Bank Deposit Program Certification Form for Admission, 417 2019-28423 Request to Reissue U.S.
Savings Bonds to a Personal Trust, 417 2019-28421 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Imports and Electronic Import Entries, 318-320 2019-28419 Special Protocol Assessment, 320-322 2019-28408 Office of Minority Health and Health Equity Strategic Priorities; Establishment of a Public Docket, 316-318 2019-28417 Foreign Trade Foreign-Trade Zones Board NOTICES Subzone Application: Walgreen Co., Mt.
Vernon, IL; Foreign-Trade Zone 31, Granite City, IL, 298 2019-28331 Forest Forest Service NOTICES Meetings: Hood-Willamette Resource Advisory Committee, 297 2019-28350 Lynn Canal Icy Strait Resource Advisory Committee, 297-298 2019-28351 Geological Geological Survey NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 333-334 2019-28366 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health PROPOSED RULES Transparency in Coverage, 276 2019-28290 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Countermeasures Injury Compensation Program, 322-323 2019-28367 Data System for Organ Procurement and Transplantation Network, 324-325 2019-28370 The National Health Service Corps and Nurse Corps Interest Capture Form, 325-326 2019-28368 Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Distressed Cities Technical Assistance NOFA, 330-331 2019-28428 Continuum of Care Homeless Assistance--Technical Submission, 332-333 2019-28426 Opportunity Zone Grant Certification Form, 331-332 2019-28427 Survey of Market Absorption of New Multifamily Units, 329-330 2019-28425 Interior Interior Department See Geological Survey See Land Management Bureau See National Park Service International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:
Aluminum Extrusions from the People's Republic of China, 298-299 2019-28389 Certain Hot-Rolled Flat-Rolled Carbon-Quality Steel Products from the Russian Federation, 299-301 2019-28390 Land Land Management Bureau NOTICES Environmental Impact Statements; Availability, etc.: Domestic Sheep Grazing Permit Renewals, Gunnison Field Office, CO, 334 2019-28397 National Highway National Highway Traffic Safety Administration NOTICES Petition for Decision of Inconsequential Noncompliance:
Great Dane Trailers, LLC, 413-414 2019-28373 Porsche Cars North America, Inc., 412-413 2019-28371 Toyota Motor North America, Inc., 415-416 2019-28372 National Institute National Institutes of Health NOTICES Government-Owned Inventions; Availability for Licensing, 327-328 2019-28358 Meetings: Center for Scientific Review, 328 2019-28357 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 328 2019-28359 Prospective Grant of an Exclusive Patent License:
Development and Commercialization of CD19/CD22 Chimeric Antigen Receptor Therapies for the Treatment of B-Cell Malignancies, 328-329 2019-28356 Use of the CD47 Phosphorodiamidate Morpholino Oligomers for the Treatment, Prevention, and Diagnosis of Solid Tumors, 326-327 2019-28355 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries off West Coast States: Magnuson-Stevens Act Provisions; Pacific Coast Groundfish Fishery; 2019-2020 Biennial Specifications and Management Measures;
Inseason Adjustments, 250-264 2019-27982 PROPOSED RULES Fisheries of the Northeastern United States: Omnibus Deep-Sea Coral Amendment, 285-296 2019-28424 NOTICES Meetings: New England Fishery Management Council, 301-302 2019-28400 National Park National Park Service NOTICES Intent to Repatriate Cultural Items: Abbe Museum, Bar Harbor, ME, 335-337 2019-28377 Federal Bureau of Investigation, Art Theft Program, Washington, DC, 337-338 2019-28380 2019-28382 San Diego Museum of Man, San Diego, CA, 339-340 2019-28378 State University of New York at Oswego, Oswego, NY, 334-335 2019-28383 Thomas Burke Memorial Washington State Museum, University of Washington, Seattle, WA, 340-341 2019-28379 Inventory Completion:
Office of the State Archaeologist Bioarchaeology Program, University of Iowa, Iowa City, IA, 338-339 2019-28381 School of Social Science and Global Studies, University of Southern Mississippi, Hattiesburg, MS, 341-343 2019-28376 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 343-344 2019-28353 Postal Service Postal Service NOTICES Product Change: Parcel Select and Parcel Return Service Negotiated Service Agreement, 344 2019-28404 Parcel Select Negotiated Service Agreement, 344 2019-28405 Priority Mail Express and Priority Mail Negotiated Service Agreement, 344 2019-28406 Priority Mail Express, Priority Mail, First-Class Package Service, and Parcel Select Service Negotiated Service Agreement, 344-345 2019-28402 Priority Mail Negotiated Service Agreement, 344 2019-28403 Securities Securities and Exchange Commission NOTICES Applications:
Deregistration under the Investment Company Act of 1940, 404-408 2019-28349 Meetings; Sunshine Act, 369-370, 378 2019-28480 2019-28540 Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange, LLC, 345-357 2019-28412 Cboe BYX Exchange, Inc., 367-369 2019-28361 Cboe BZX Exchange, Inc., 370-378 2019-28362 Long-Term Stock Exchange, Inc., 378-380 2019-28360 NYSE Arca, Inc., 357-367, 380-391, 394-403 2019-28411 2019-28413 2019-28415 The Nasdaq Stock Market, LLC, 391-394 2019-28414 Small Business Small Business Administration NOTICES Disaster Declaration:
Mississippi, 408 2019-28395 Texas, 409 2019-28394 State Department State Department NOTICES Delegation of the Authority to Invoke the Deliberative-Process Privilege Authority, 409 2019-28386 Surface Transportation Surface Transportation Board NOTICES Acquisition Exemption: Patton-Lowe RR, Inc.; Consolidated Rail Corp., 409-410 2019-28392 Acquisition of Control: Winthrop Sargent, John Cogliano, and Paul Fuerst; Plymouth and Brockton Street Railway Co., Brush Hill Transportation Co., and McGinn Bus Co., Inc., 410-412 2019-28283 Trackage Rights Exemption:
BNSF Railway Co.; Union Pacific Railroad Co., 410 2019-28396 Transportation Department Transportation Department See National Highway Traffic Safety Administration Treasury Treasury Department See Fiscal Service See United States Mint U.S. Mint United States Mint NOTICES Establish Prices for 2019 and 2020 United States Mint Numismatic Products, 418 2019-28401 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.
To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 85 2 Friday, January 3, 2020 Rules and Regulations DEPARTMENT OF COMMERCE Office of the Secretary 15 CFR Part 6 [Docket No. 191216-0114] RIN 0605-AA54 Civil Monetary Penalty Adjustments for Inflation AGENCY: Office of the Chief Financial Officer and Assistant Secretary for Administration, Department of Commerce.
ACTION: Final rule. SUMMARY: This final rule is being issued to adjust for inflation each civil monetary penalty
(CMP)provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, required the head of each agency to adjust for inflation its CMP levels in effect as of November 2, 2015, under a revised methodology that was effective for 2016 which provided for initial catch up adjustments for inflation in 2016, and requires adjustments for inflation to CMPs under a revised methodology for each year thereafter. The 2019 adjustments for inflation to CMPs to the Department of Commerce's CMPs were published in the **Federal Register** on February 7, 2019, and became effective March 1, 2019. The annual methodology provides for the improvement of the effectiveness of CMPs and to maintain their deterrent effect. Agencies' annual adjustments for inflation to CMPs shall take effect not later than January 15. The Department of Commerce's 2020 adjustments for inflation to CMPs apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. The Department of Commerce's 2020 adjustments for inflation to CMPs apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new CMP level. DATES: This rule is effective January 15, 2020. FOR FURTHER INFORMATION CONTACT: Stephen M. Kunze, Deputy Chief Financial Officer and Director for Financial Management, Office of Financial Management, at
(202)482-1207, Department of Commerce, 1401 Constitution Avenue NW, Room D200, Washington, DC 20230. The Department of Commerce's Civil Monetary Penalty Adjustments for Inflation are available for downloading from the Department of Commerce, Office of Financial Management's website at the following address: *http://www.osec.doc.gov/ofm/OFM_Publications.html.* SUPPLEMENTARY INFORMATION: Background The Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410; 28 U.S.C. 2461), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134), provided for agencies' adjustments for inflation to CMPs to ensure that CMPs continue to maintain their deterrent value and that CMPs due to the Federal Government were properly accounted for and collected. A CMP is defined as any penalty, fine, or other sanction that: 1. Is for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; and, 2. Is assessed or enforced by an agency pursuant to Federal law; and, 3. Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74) further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to improve the effectiveness of CMPs and to maintain their deterrent effect. This amendment
(1)required agencies to adjust the CMP levels in effect as of November 2, 2015, with initial catch up adjustments for inflation through a final rulemaking to take effect no later than August 1, 2016; and
(2)requires agencies to make subsequent annual adjustments for inflation to CMPs that shall take effect not later than January 15. The Department of Commerce's 2019 adjustments for inflation to CMPs were published in the **Federal Register** on February 7, 2019, and the new CMP levels became effective March 1, 2019. The Department of Commerce's 2020 adjustments for inflation to CMPs apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. These 2020 adjustments for inflation to CMPs apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new CMP level. This regulation adjusts for inflation CMPs that are provided by law within the jurisdiction of the Department of Commerce. The actual CMP assessed for a particular violation is dependent upon a variety of factors. For example, the National Oceanic and Atmospheric Administration's
(NOAA)Policy for the Assessment of Civil Administrative Penalties and Permit Sanctions (Penalty Policy), a compilation of NOAA internal guidelines that are used when assessing CMPs for violations for most of the statutes NOAA enforces, will be interpreted in a manner consistent with this regulation to maintain the deterrent effect of the CMPs. The CMP ranges in the Penalty Policy are intended to aid enforcement attorneys in determining the appropriate CMP to assess for a particular violation. The Penalty Policy is maintained and made available to the public on NOAA's Office of the General Counsel, Enforcement Section website at: *http://www.gc.noaa.gov/enforce-office.html.* The Department of Commerce's 2020 adjustments for inflation to CMPs set forth in this regulation were determined pursuant to the methodology prescribed by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires the maximum CMP, or the minimum and maximum CMP, as applicable, to be increased by the cost-of-living adjustment. The term “cost-of-living adjustment” is defined by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. For the 2020 adjustments for inflation to CMPs, the cost-of-living adjustment is the percentage for each CMP by which the Consumer Price Index for the month of October 2019 exceeds the Consumer Price Index for the month of October 2018. Classification Pursuant to 5 U.S.C. 553(b)B, there is good cause to issue this rule without prior public notice or opportunity for public comment because it would be impracticable and unnecessary. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701(b)) requires agencies to make annual adjustments for inflation to CMPs notwithstanding section 553 of title 5, United States Code. Additionally, the methodology used for adjusting CMPs for inflation is given by statute, with no discretion provided to agencies regarding the substance of the adjustments for inflation to CMPs. The Department of Commerce is charged only with performing ministerial computations to determine the dollar amounts of adjustments for inflation to CMPs. Accordingly, prior public notice and an opportunity for public comment are not required for this rule. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this rule because there are no new or revised recordkeeping or reporting requirements. Regulatory Analysis E.O. 12866, Regulatory Review This rule is not a significant regulatory action as that term is defined in Executive Order 12866. Regulatory Flexibility Act Because notice of proposed rulemaking and opportunity for comment are not required pursuant to 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility Act (5 U.S.C. 601, *et seq.* ) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. List of Subjects in 15 CFR Part 6 Civil monetary penalties, Law enforcement. Dated: December 19, 2019. Stephen M. Kunze, Deputy Chief Financial Officer and Director for Financial Management, Department of Commerce. Authority and Issuance For the reasons stated in the preamble, the Department of Commerce revises 15 CFR part 6 to read as follows: PART 6—CIVIL MONETARY PENALTY ADJUSTMENTS FOR INFLATION Sec. 6.1 Definitions. 6.2 Purpose and scope. 6.3 Adjustments for inflation to civil monetary penalties. 6.4 Effective date of adjustments for inflation to civil monetary penalties. 6.5 Subsequent annual adjustments for inflation to civil monetary penalties. Authority: Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104-134, 110 Stat. 1321 (31 U.S.C. 3701 note); Sec. 701 of Pub. L. 114-74, 129 Stat. 599 (28 U.S.C. 1 note; 28 U.S.C. 2461 note). § 6.1 Definitions.
(a)The *Department of Commerce* means the United States Department of Commerce.
(b)*Civil Monetary Penalty* means any penalty, fine, or other sanction that:
(1)Is for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; and
(2)Is assessed or enforced by an agency pursuant to Federal law; and
(3)Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. § 6.2 Purpose and scope. The purpose of this part is to make adjustments for inflation to civil monetary penalties, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410; 28 U.S.C. 2461), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134) and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74), of each civil monetary penalty provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce). § 6.3 Adjustments for inflation to civil monetary penalties. The civil monetary penalties provided by law within the jurisdiction of the Department of Commerce, as set forth in paragraphs
(a)through
(f)of this section, are hereby adjusted for inflation in 2019 in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, from the amounts of such civil monetary penalties that were in effect as of March 1, 2019, to the amounts of such civil monetary penalties, as thus adjusted. The year stated in parenthesis represents the year that the civil monetary penalty was last set by law or adjusted by law (excluding adjustments for inflation).
(a)*United States Department of Commerce.*
(1)31 U.S.C. 3802(a)(1), Program Fraud Civil Remedies Act of 1986 (1986), violation, maximum from $11,463 to $11,665.
(2)31 U.S.C. 3802(a)(2), Program Fraud Civil Remedies Act of 1986 (1986), violation, maximum from $11,463 to $11,665.
(3)31 U.S.C. 3729(a)(1)(G), False Claims Act (1986); violation, minimum from $11,463 to $11,665; maximum from $22,927 to $23,331.
(b)*Bureau of Economic Analysis.*
(1)22 U.S.C. 3105(a), International Investment and Trade in Services Act (1990); failure to furnish information, minimum from $4,735 to $4,819; maximum from $47,357 to $48,192.
(c)*Bureau of Industry and Security.*
(1)15 U.S.C. 5408(b)(1), Fastener Quality Act (1990), violation, maximum from $47,357 to $48,192.
(2)22 U.S.C. 6761(a)(1)(A), Chemical Weapons Convention Implementation Act (1998), violation, maximum from $38,549 to $39,229.
(3)22 U.S.C. 6761(a)(l)(B), Chemical Weapons Convention Implementation Act (1998), violation, maximum from $7,710 to $7,846.
(4)50 U.S.C. 1705(b), International Emergency Economic Powers Act (2007), violation, maximum from $302,584 to $307,922.
(5)22 U.S.C. 8142(a), United States Additional Protocol Implementation Act (2006), violation, maximum from $31,328 to $31,881.
(6)50 U.S.C. 4819, Export Control Reform Act of 2018 (2018), violation, maximum from $300,000 to $305,292.
(d)*Census Bureau.*
(1)13 U.S.C. 304, Collection of Foreign Trade Statistics (2002), each day's delinquency of a violation; total of not to exceed maximum per violation, from $1,394 to $1,419; maximum per violation, from $13,948 to $14,194.
(2)13 U.S.C. 305(b), Collection of Foreign Trade Statistics (2002), violation, maximum from $13,948 to $14,194.
(e)*International Trade Administration.*
(1)19 U.S.C. 81s, Foreign Trade Zone (1934), violation, maximum from $2,924 to $2,976.
(2)19 U.S.C. 1677f(f)(4), U.S.-Canada Free Trade Agreement Protective Order (1988), violation, maximum from $210,386 to $214,097.
(f)*National Oceanic and Atmospheric Administration.*
(1)51 U.S.C. 60123(a), Land Remote Sensing Policy Act of 2010 (2010), violation, maximum from $11,562 to $11,766.
(2)51 U.S.C. 60148(c), Land Remote Sensing Policy Act of 2010 (2010), violation, maximum from $11,562 to $11,766.
(3)16 U.S.C. 773f(a), Northern Pacific Halibut Act of 1982 (2007), violation, maximum from $242,069 to $246,339.
(4)16 U.S.C. 783, Sponge Act (1914), violation, maximum from $1,729 to $1,759.
(5)16 U.S.C. 957(d), (e), and (f), Tuna Conventions Act of 1950 (1962):
(i)Violation of 16 U.S.C. 957(a), maximum from $86,389 to $87,913.
(ii)Subsequent violation of 16 U.S.C. 957(a), maximum from $186,070 to $189,352.
(iii)Violation of 16 U.S.C. 957(b), maximum from $2,924 to $2,976.
(iv)Subsequent violation of 16 U.S.C. 957(b), maximum from $17,278 to $17,583.
(v)Violation of 16 U.S.C. 957(c), maximum from $372,141 to $378,706.
(6)16 U.S.C. 957(i), Tuna Conventions Act of 1950, 1 violation, maximum from $189,427 to $192,768.
(7)16 U.S.C. 959, Tuna Conventions Act of 1950, 2 violation, maximum from $189,427 to $192,768.
(8)16 U.S.C. 971f(a), Atlantic Tunas Convention Act of 1975, 3 violation, maximum from $189,427 to $192,768.
(9)16 U.S.C. 973f(a), South Pacific Tuna Act of 1988 (1988), violation, maximum from $525,965 to $535,243.
(10)16 U.S.C. 1174(b), Fur Seal Act Amendments of 1983 (1983), violation, maximum from $25,037 to $25,479.
(11)16 U.S.C. 1375(a)(1), Marine Mammal Protection Act of 1972 (1972), violation, maximum from $29,239 to $29,755.
(12)16 U.S.C. 1385(e), Dolphin Protection Consumer Information Act, 4 violation, maximum from $189,427 to $192,768.
(13)16 U.S.C. 1437(d)(1), National Marine Sanctuaries Act (1992), violation, maximum from $178,338 to $181,484.
(14)16 U.S.C. 1540(a)(1), Endangered Species Act of 1973:
(i)Violation as specified (1988), maximum from $52,596 to $53,524.
(ii)Violation as specified (1988), maximum from $25,246 to $25,691.
(iii)Otherwise violation (1978), maximum from $1,729 to $1,759.
(15)16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act (1990), violation, maximum from $189,427 to $192,768.
(16)16 U.S.C. 2437(a), Antarctic Marine Living Resources Convention Act of 1984, 5 violation, maximum from $189,427 to $192,768.
(17)16 U.S.C. 2465(a), Antarctic Protection Act of 1990, 6 violation, maximum from $189,427 to $192,768.
(18)16 U.S.C. 3373(a), Lacey Act Amendments of 1981 (1981):
(i)16 U.S.C. 3373(a)(1), violation, maximum from $27,075 to $27,553.
(ii)16 U.S.C. 3373(a)(2), violation, maximum from $677 to $689.
(19)16 U.S.C. 3606(b)(1), Atlantic Salmon Convention Act of 1982, 7 violation, maximum from $189,427 to $192,768.
(20)16 U.S.C. 3637(b), Pacific Salmon Treaty Act of 1985, 8 violation, maximum from $189,427 to $192,768.
(21)16 U.S.C. 4016(b)(1)(B), Fish and Seafood Promotion Act of 1986 (1986); violation, minimum from $1,146 to $1,166; maximum from $11,463 to $11,665.
(22)16 U.S.C. 5010, North Pacific Anadromous Stocks Act of 1992, 9 violation, maximum from $189,427 to $192,768.
(23)16 U.S.C. 5103(b)(2), Atlantic Coastal Fisheries Cooperative Management Act, 10 violation, maximum from $189,427 to $192,768.
(24)16 U.S.C. 5154(c)(1), Atlantic Striped Bass Conservation Act, 11 violation, maximum from $189,427 to $192,768.
(25)16 U.S.C. 5507(a), High Seas Fishing Compliance Act of 1995 (1995), violation, maximum from $164,531 to $167,433.
(26)16 U.S.C. 5606(b), Northwest Atlantic Fisheries Convention Act of 1995, 12 violation, maximum from $189,427 to $192,768.
(27)16 U.S.C. 6905(c), Western and Central Pacific Fisheries Convention Implementation Act, 13 violation, maximum from $189,427 to $192,768.
(28)16 U.S.C. 7009(c) and (d), Pacific Whiting Act of 2006, 14 violation, maximum from $189,427 to $192,768.
(29)22 U.S.C. 1978(e), Fishermen's Protective Act of 1967 (1971):
(i)Violation, maximum from $29,239 to $29,755.
(ii)Subsequent violation, maximum from $86,389 to $87,913.
(30)30 U.S.C. 1462(a), Deep Seabed Hard Mineral Resources Act (1980), violation, maximum, from $74,552 to $75,867.
(31)42 U.S.C. 9152(c), Ocean Thermal Energy Conversion Act of 1980 (1980), violation, maximum from $74,552 to $75,867.
(32)16 U.S.C. 1827a, Billfish Conservation Act of 2012, 15 violation, maximum from $189,427 to $192,768.
(33)16 U.S.C. 7407(b), Port State Measures Agreement Act of 2015, 16 violation, maximum from $189,427 to $192,768.
(34)16 U.S.C. 1826g(f), High Seas Driftnet Fishing Moratorium Protection Act, 17 violation, maximum from $189,427 to $192,768.
(35)16 U.S.C. 7705, Ensuring Access to Pacific Fisheries Act, 18 violation, maximum from $189,427 to $192,768.
(36)16 U.S.C. 7805, Ensuring Access to Pacific Fisheries Act, 19 violation, maximum from $189,427 to $192,768.
(g)*National Technical Information Service.*
(1)42 U.S.C. 1306c(c), Bipartisan Budget Act of 2013 (2013), (newly reported penalty), violation $1,000; (newly reported penalty), maximum total penalty on any person for any calendar year, excluding willful or intentional violations $250,000. 1 This National Oceanic and Atmospheric Administration maximum civil monetary penalty, as prescribed by law, is the maximum civil penalty per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act civil monetary penalty (item (15)). 2 See footnote 1. 3 See footnote 1. 4 See footnote 1. 5 See footnote 1. 6 See footnote 1. 7 See footnote 1. 8 See footnote 1. 9 See footnote 1. 10 See footnote 1. 11 See footnote 1. 12 See footnote 1. 13 See footnote 1. 14 See footnote 1. 15 See footnote 1. 16 See footnote 1. 17 See footnote 1. 18 See footnote 1. 19 See footnote 1. § 6.4 Effective date of adjustments for inflation to civil monetary penalties. The Department of Commerce's 2020 adjustments for inflation made by § 6.3, of the civil monetary penalties there specified, are effective on January 15, 2020, and said civil monetary penalties, as thus adjusted by the adjustments for inflation made by § 6.3, apply only to those civil monetary penalties, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new civil monetary penalty level, and before the effective date of any future adjustments for inflation to civil monetary penalties thereto made subsequent to January 15, 2020, as provided in § 6.5. § 6.5 Subsequent annual adjustments for inflation to civil monetary penalties. The Secretary of Commerce or his or her designee by regulation shall make subsequent adjustments for inflation to the Department of Commerce's civil monetary penalties annually, which shall take effect not later than January 15, notwithstanding section 553 of title 5, United States Code. [FR Doc. 2019-27864 Filed 1-2-20; 8:45 am]
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U.S. Code
- Mode of recovery§ 2461
- Rule making§ 553
- Definitions§ 601
- Definitions and application§ 3701
- Number of justices; quorum§ 1
- False claims and statements; liability§ 3802
- False claims§ 3729
- Enforcement§ 3105
- Remedies and penalties§ 5408
- Penalties§ 6761
- Penalties§ 1705
- Penalties§ 8142
- Penalties§ 4819
- Filing export information, delayed filings, penalties for failure to file§ 304
- Penalties for unlawful export information activities§ 305
- Offenses§ 81s
- Access to information§ 1677f
- Administrative authority of Secretary§ 60123
- Enforcement§ 60148
- Civil penalties§ 773f
- Punishment for violations of law; liability of vessels§ 783
- Violations; fines and forfeitures; application of related laws§ 957
- Enforcement§ 959
- Enforcement§ 971f
- Civil penalties§ 973f
- Penalties§ 1174
- Penalties§ 1375
- Dolphin protection§ 1385
- Enforcement§ 1437
- Penalties and enforcement§ 1540
- Civil penalties and permit sanctions§ 1858
- Civil penalties§ 2437
- Enforcement§ 2465
- Penalties and sanctions§ 3373
- Violations and penalties§ 3606
- Prohibited acts and penalties§ 3637
- Enforcement§ 4016
- Additional prohibitions and enforcement§ 5010
- State-Federal cooperation in Atlantic coastal fishery management§ 5103
- Moratorium§ 5154
- Civil penalties and permit sanctions§ 5507
- Prohibited acts and enforcement§ 5606
- Enforcement§ 6905
- Enforcement§ 7009
- Restriction on importation of fishery or wildlife products from countries which violate international fishery or endangered or threatened species programs§ 1978
- Civil penalties§ 1462
- Remedies and penalties§ 9152
- Prohibition on sale of billfish§ 1827a
- Enforcement§ 7407
- Enforcement§ 1826g
- Enforcement§ 7705
- Enforcement§ 7805
- Restriction on access to the Death Master File§ 1306c
public-private-law
register
7 references not yet in our index
- 15 CFR 6
- Pub. L. 101-410
- Pub. L. 104-134
- Pub. L. 104-13
- 5 CFR 1320
- 104 Stat. 890
- 129 Stat. 599
Citation graph
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Final rule
Cite15 CFR 6
Pub. L.Pub. L. 101-410
Pub. L.Pub. L. 104-134
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