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Federal Register / Vol. 86, No. 8 / Wednesday, January 13, 2021 / Rules and Regulations January 2021, the Commission must multiply the most recent civil penalty amounts in 46 CFR part 506 by the multiplier, 1.01182.
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. 8042.
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 describing the impact of the rule on small entities or the head of the agency must certify that the rule will not have a significant economic impact on a substantial number of small entities. 5 U.S.C. 604605. As indicated above, this final rule is not subject to the APAs notice and comment requirements, and the Commission is not required to either conduct a regulatory flexibility analysis or certify that the final rule would not have a significant economic impact on a substantial number of small entities.
Paperwork Reduction Act The Paperwork Reduction Act of 1995
44 U.S.C. 35013521 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 collection of information, as defined by 44 U.S.C.
35023 and 5 CFR 1320.3c.
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. The public 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, Claims, Penalties.
For the reasons stated in the preamble, 46 CFR part 506 is amended as follows:
PART 506CIVIL 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:

TABLE 1 TO PARAGRAPH d Maximum penalty as of January 15, 2020

United States Code citation
Civil monetary penalty description
46 U.S.C. 42304
46 U.S.C. 41107a

46 U.S.C. 44103, 44104

Adverse impact on U.S. carriers by foreign shipping practices
Knowing and Willful violation/Shipping Act of 1984, or Commission regulation or order.
Violation of Shipping Act of 1984, Commission regulation or order, not knowing and willful.
Operating in foreign commerce after tariff suspension
Failure to provide required reports, etc./Merchant Marine Act of 1920
Adverse shipping conditions/Merchant Marine Act of 1920
Operating after tariff or service contract suspension/Merchant Marine Act of 1920.
Failure to establish financial responsibility for non-performance of transportation.
Failure to establish financial responsibility for death or injury

31 U.S.C. 3802a1
31 U.S.C. 3802a2

Program Fraud Civil Remedies Act/making false claim
Program Fraud Civil Remedies Act/giving false statement

46 U.S.C. 41107a
46
46
46
46

U.S.C.
U.S.C.
U.S.C.
U.S.C.

41108b
42104
42106
42108

46 U.S.C. 44102, 44104

2 FCPIAA

section 4b2; M2110 at 3.

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Maximum penalty as of January 15, 2021

$2,140,973
61,098

$2,166,279
61,820

12,219

12,363

122,197
9,639
1,927,676
96,384

123,641
9,753
1,950,461
97,523

24,346
812
24,346
812
11,665
11,665

24,634
822
24,634
822
11,803
11,803