[Federal Register: January 9, 2007 (Volume 72, Number 5)]
[Rules and Regulations]
[Page 900-901]
From the Federal Register Online via GPO Access [wais.access.gpo.gov]
[DOCID:fr09ja07-9]
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DEPARTMENT OF COMMERCE
Office of the Secretary
15 CFR Part 6
[Docket No.: 0612213340-6339-01]
RIN 0690-AA35
Civil Monetary Penalties; Adjustments
AGENCY: Office of the Secretary, Commerce.
ACTION: Final rule.
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SUMMARY: This final rule is being issued to adjust civil monetary
penalties (CMPs) provided by law within the jurisdiction of the
Department of Commerce (the Department). Recent changes to the
International Emergency Economic Powers Act (IEEPA), as amended by the
USA PATRIOT Improvement and Reauthorization Act of 2005 (Patriot Act),
Public Law 109-177, increased the penalties for two violations. The
intent of this rule is to make the Department's regulations consistent
with those changes.
DATES: This rule is effective January 9, 2007.
ADDRESSES: Office of General Counsel, Department of Commerce, 1401
Constitution Avenue, NW., MS 5876, Washington, DC 20230.
FOR FURTHER INFORMATION CONTACT: Peter Robbins, 202-482-0846.
SUPPLEMENTARY INFORMATION: As part of its obligations under the Federal
Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410,
as amended by the Debt Collection Improvement Act of 1996, the
Department regularly evaluates CMPs to ensure that they continue to
maintain their deterrent value and that penalty amounts due to the
Federal Government are properly accounted for and collected. Under some
circumstances, the Department may also need to adjust a portion of the
CMPs within its jurisdiction in order to make them consistent with
statutory changes.
The recent Patriot Act adjusted certain CMPs under IEEPA. A civil
monetary penalty is defined as any penalty, fine, or other sanction
that:
1. Is for a specific monetary amount as provided by Federal law;
2. Is assessed or enforced pursuant to Federal law; and
3. Is assessed or enforced pursuant to an administrative proceeding or
a civil action in the Federal courts.
This rule adjusts the affected CMPs that are codified at 15 CFR
6.4(a)(4) and 15 CFR 6.4(a)(5) in order to make them consistent with
the statutory changes. The actual penalty assessed for a particular
violation will continue to be dependent upon a variety of factors.
Rulemaking Requirements
It has been determined that this rule is not significant for
purposes of Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), the Department for good cause finds
that notice and an opportunity for comment required by the
Administrative Procedure Act are unnecessary for this rulemaking. It is
unnecessary to ask for notice and comment because the USA Patriot Act
changed two CMPs within the Department's jurisdiction. As such, the
corresponding changes to the Department's regulations are wholly non-
discretionary. This rule merely
[[Page 901]]
adjusts the Department's CMPs according to the statutory mandate. For
the same reasons, there exists good cause to waive the thirty day delay
in effectiveness of the rule, pursuant to 5 U.S.C. 553(d)(3).
Because notice and opportunity for comment are not required by 5
U.S.C. 553, or any other law, a Regulatory Flexibility Analysis is not
required and none was prepared.
This rule does not contain information collection requirements for
purposes of the Paperwork Reduction Act.
List of Subjects in 15 CFR Part 6
Law enforcement, Penalties.
Lisa Casias,
Deputy Chief Financial Officer and Director for Financial Management.
0
For the reasons set forth in the preamble, subtitle A of Title 15 of
the Code of Federal Regulations is amended as follows:
PART 6--CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS
0
1. The authority citation for part 6 continues to read as follows:
Authority: Sec. 4, as amended, and sec. 5, Pub. L. 101-410, 104
Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104-134, 110 Stat. 1321, 28
U.S.C. 2461 note.
0
2. Section 6.4 is amended by revising the introductory text and
paragraphs (a)(4) and (a)(5) to read as follows:
Sec. 6.4 Adjustments to penalties.
The civil monetary penalties provided by law within the
jurisdiction of the respective agencies or bureaus of the Department,
as set forth below in this section, are hereby adjusted in accordance
with the inflation adjustment procedures prescribed in Section 5, from
the amounts of such penalties in effect prior to December 14, 2004, to
the amounts of such penalties, as thus adjusted, except for the
penalties stated in paragraphs (a)(4) and (a)(5) which became adjusted
on March 9, 2006.
(a) * * *
(4) 50 U.S.C. 1705(a), International Emergency Economic Powers
Act--Export Administration Regulation Violation, from $11,000 to
$50,000.
(5) 50 U.S.C. 1705(a), International Emergency Economic Powers
Act--Chemical Weapons Convention Implementation Act, Import Restriction
Violation, from $11,000 to $50,000.
* * * * *
[FR Doc. E7-85 Filed 1-8-07; 8:45 am]
BILLING CODE 3510-17-P