96-29603. Antarctica; Adjustment of Civil Monetary Penalties

[Federal Register Volume 61, Number 225 (Wednesday, November 20, 1996)]
[Rules and Regulations]
[Page 59027]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 96-29603]


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NATIONAL SCIENCE FOUNDATION

45 CFR Part 672


Antarctica; Adjustment of Civil Monetary Penalties

AGENCY: National Science Foundation.

ACTION: Final rule with a request for comments.

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SUMMARY: The National Science Foundation (NSF) is adding a new section 
to its regulation on enforcement of the Antarctic Conservation Act of 
1978 to adjust the civil monetary penalties that may be imposed for 
inadvertent and deliberate violations of that law for inflation since 
the date of their enactment.

DATES: This rule is effective November 20, 1996. Comments, however, are 
welcome at any time and will be considered in making future revisions.

ADDRESSES: All comments should be addressed to: John Chester, Assistant 
General Counsel, Office of the General Counsel, Room 1265, National 
Science Foundation, 4201 Wilson Boulevard, Arlington, VA 22230.

FOR FURTHER INFORMATION CONTACT: John Chester on [phone] (voice) 
and [phone] (facsimile)--those are not toll-free numbers--or by 
electronic mail as [e-mail] through INTERNET.

SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation 
Adjustment Act of 1990 (104 Stat. 890; 28 U.S.C. 2461 note) as amended 
by the Debt Collection Improvement Act of 1996 (section 31001(s)(1) of 
the Omnibus Consolidated Rescissions and Appropriations Act of 1996, 
Pub. L. 104-134, approved 4/26/96) directs each Federal agency to 
adjust, by regulation, each civil monetary penalty provided by law 
within the jurisdiction of that agency to compensate for the effects of 
inflation. The only civil monetary penalties within the jurisdiction of 
the National Science Foundation are those imposed for violations of the 
Antarctic Conservation Act of 1978 (16 U.S.C. 2401 et seq.). This 
amendment to the rules governing enforcement of that law adds a new 
section setting out the penalties for inadvertent and deliberate 
violations and adjusting those penalties for inflation as provided in 
the Debt Collection Improvement Act.
    Because section 31001(s)(2) of the Omnibus Consolidated Rescissions 
and Appropriations Act of 1996 provides that the first adjustment of a 
civil monetary penalty made pursuant to its amendment to the Debt 
Collection Improvement Act ``may not exceed 10 percent of such 
penalty'', the Foundation is adjusting these penalties in two steps: a 
10 percent increase effective on January 1, 1997 and an increase to the 
full amount called for in the amended Debt Collection Improvement Act 
on January 1, 1998. Future adjustments will be made at least once every 
four years as called for in the amended Debt Collection Improvement 
Act.
    Because this action merely makes adjustments required by statute, 
public comments are not being solicited prior to its effective date.

Determinations

    I have determined, under the criteria set forth in Executive Order 
12866, that this rule is not a significant regulatory action requiring 
review by the Office of Information and Regulatory Affairs. I also 
certify, pursuant to the requirements of the Regulatory Flexibility 
Act, 5 U.S.C. 601-612, that none of the clerical corrections and 
nomenclature and address changes made by this rule will have a 
significant economic impact on any small entities. Finally, I have 
reviewed this rule in light of section 2 of Executive Order 12778 and 
certify for the National Science Foundation that this rule meets the 
applicable standards provided in sections 2(a) and 2(b) of that order.

List of Subjects in 45 CFR Part 672

    Administrative practice and procedure, Antarctica.

    For the reasons set out in the preamble, 45 CFR part 672 is amended 
as follows:

PART 672--ENFORCEMENT AND HEARING PROCEDURES; TOURISM GUIDELINES

    1. The authority citation for part 672 is revised to read as 
follows:

    Authority: 16 U.S.C. 2401 et seq., 28 U.S.C. 2461 note.

    2. After Sec. 672.23, add the following new section:


Sec. 672.24  Maximum civil monetary penalties for unintentional and 
intentional violations.

    (a) For violations occurring before January 1, 1997, the maximum 
civil penalty that may be assessed under Secs. 672.20(b) and 672.23(a) 
is set by the statute at $5,000 for unintentional violations and 
$10,000 for intentional violations.
    (b) For violations occurring between January 1, 1997 and December 
31, 1997, the maximum civil penalty is adjusted under authority of the 
Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 
2461 note) as amended by the Debt Collection Improvement Act of 1996 
(Pub. L. 104-134, approved 4/26/96) to $5,500 for unintentional 
violations and $11,000 for intentional violations.
    (c) For violations occurring after December 31, 1997, the maximum 
civil penalty is adjusted under authority of the Federal Civil 
Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) as 
amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-
134, approved 4/26/96) to $12,000 for unintentional violations and 
$23,000 for intentional violations.

    Dated: November 12, 1996.

National Science Foundation
Lawrence Rudolph,
General Counsel.
[FR Doc. 96-29603 Filed 11-19-96; 8:45 am]
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