[Federal Register Volume 61, Number 205 (Tuesday, October 22, 1996)]
[Rules and Regulations]
[Pages 54733-54734]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-27032]
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DEPARTMENT OF TRANSPORTATION
Saint Lawrence Seaway Development Corporation
33 CFR Part 401
RIN 2135-AA09
Seaway Regulations and Rules: Inflation Adjustment of Civil
Monetary Penalty
AGENCY: Saint Lawrence Seaway Development Corporation, DOT.
ACTION: Final rule.
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SUMMARY: This final rule implements the Federal Civil Penalties
Inflation Adjustment Act of 1990 as amended by the Debt Collection
Improvement Act of 1996. The rule adjusts the amount of the statutory
civil penalty for violation of the Seaway Regulations and Rules under
the authority of the Ports and Waterways Safety Act of 1972, as amended
(PWSA).
EFFECTIVE DATE: This rule is effective on October 22, 1996.
FOR FURTHER INFORMATION CONTACT:
Marc C. Owen, Chief Counsel, Saint Lawrence Seaway Development
Corporation, 400 Seventh Street, S.W., Washington, D.C. 20590, (202)
366-6823.
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act of 1990 (1990 Act), Public Law 101-410, 104 Stat. 890,
28 U.S.C. 2461 NOTE, as amended by the Debt Collection Improvement Act
of 1996 (Act), Public Law 104-134, April 26, 1996, requires the
inflation adjustment of civil monetary penalties (CMP) to ensure that
they continue to maintain their deterrent value. The Act requires that
not later than 180 days after its enactment, October 23, 1996, and at
least once every four years thereafter, the head of each agency shall,
by regulation published in the Federal Register, adjust each CMP within
its jurisdiction by the inflation adjustment described in the 1990 Act.
The cost-of-living adjustment is the percentage (if any) for each CMP
by which the Consumer Price Index for all urban consumers (CPI),
published annually by the Department of Labor, for the month of June of
the calendar year preceding the adjustment, exceeds the CPI for the
month of June of the calendar year in which the amount of the CMP was
last set or adjusted pursuant to law. Nevertheless, the first
adjustment to a CMP may not exceed 10 percent of that penalty amount.
Any increased penalties shall apply only to violations which occur
after the date on which the increase takes effect.
33 U.S.C. 1232(a) imposes a maximum $25,000 civil penalty for a
violation of a regulation issued under the authority of the PWSA, which
includes the Seaway Regulations and Rules in 33 CFR Part 401. The
penalty was set in 1978. The CPI for June, 1978, was 195.3. The CPI for
June, 1996, is 469.5. The inflation factor, therefore, is 469.5/195.3
or 2.40. The maximum penalty amount after the increase and statutory
rounding would be $60,000 (2.4 x 25,000). The new maximum penalty
amount after applying the 10% limit on an initial increase is $27,500.
Accordingly, paragraph (a) of Sec. 401.102 is being amended to change
the amount of the penalty from $25,000 to $27,500.
Regulatory Evaluation
This final rule is exempt from Office of Management and Budget
review under Executive Order 12866 because it is limited to the
adoption of statutory language, without interpretation. As stated
above, the provisions contained in this final rulemaking set forth the
inflation adjustment in compliance with the Act for a specific,
applicable CMP under the authority of the Corporation. The great
majority of individuals, organizations, and entities addressed through
the Seaway Regulations and Rules do not commit violations and, as a
result, we believe any aggregate economic impact of this revision will
be minimal, affecting only those who violate the regulations. As such,
the final rule and its inflation adjustment should have no effect on
Federal and State expenditures. This final rule has also been evaluated
under the Department of Transportation's Regulatory Policies and
Procedures and the proposed regulation is not considered significant
under those procedures and its economic impact is expected to be so
minimal that a full economic evaluation is not warranted.
Regulatory Flexibility Act Determination
The Saint Lawrence Seaway Development Corporation certifies that
this final rule will not have a significant economic impact on a
substantial number of small entities. The St. Lawrence Seaway
Regulations and Rules primarily relate to the activities of commercial
users of the Seaway, the vast majority of whom are foreign vessel
operators. Therefore, any resulting costs will be borne mostly by
foreign vessels.
Environmental Impact
This final rule does not require an environmental impact statement
under the National Environmental Policy Act (49 U.S.C. 4321, et seq.)
because it is not a major federal action significantly affecting the
quality of human environment.
Federalism
The Corporation has analyzed this final rule under the principles
and criteria in Executive Order 12612 and has determined that this
final rule does not have sufficient federalism implications to warrant
the preparation of a Federalism Assessment.
Notice and Public Comment
Notice and an opportunity for public comment under the
Administrative Procedure Act (APA) (5 U.S.C. 553) are waived. The APA
provides an exception to the notice and comment procedures when an
agency finds there is good cause for dispensing with those procedures
because they are impracticable, unnecessary, or contrary to the public
interest. The Corporation has determined under 5 U.S.C. 553(b)(3) that
good cause exists for dispensing with the notice of proposed rulemaking
and public comment procedures for this rule. Specifically, this
rulemaking comports with the statutory authority in the Act with no
issues of policy discretion. Accordingly, the Corporation finds that
the opportunity for prior comment is unnecessary and contrary to the
public interest and is issuing this revised regulation as a final rule
that will apply to all future cases under this authority.
List of Subjects in 33 CFR Part 401
Hazardous materials transportation, Navigation (water), Penalties,
Radio, Reporting and record keeping requirements, Vessels, Waterways.
Accordingly, the Saint Lawrence Seaway Development Corporation
amends Part 401--Seaway Regulations and Rules (33 CFR Part 401) as
follows:
PART 401--[AMENDED]
1. The authority citation for Subpart B or 33 CFR part 401 is added
to read as follows and the authority citations at the end of
Secs. 401.101 and 401.102 are removed:
[[Page 54734]]
Authority: 33 U.S.C. 981-990, 1231 and 1232; and 49 CFR 1.52.
Sec. 401.102 [Amended]
2. Paragraph (a) of Sec. 401.102 is amended by removing the number
``$25,000'' and adding, in its place, the number ``$27,500''.
Issued at Washington, D.C. on October 17, 1996.
Saint Lawrence Seaway Development Corporation.
Gail McDonald,
Administrator.
[FR Doc. 96-27032 Filed 10-21-96; 8:45 am]
BILLING CODE 4910-61-M
