Civil Monetary Penalties Inflation Adjustments, 41196-41200 [2016-14877]
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Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued
[See footnotes at end of table]
Annual fees 1 2 3
Category of materials licenses
B. General licenses for storage of spent fuel under 10 CFR 72.210 ....................................................................................
14. Decommissioning/Reclamation:
A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decontamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including master materials licenses (MMLs) [Program Code(s): 3900, 11900, 21135, 21215, 21240, 21325, 22200] ..........................
B. Site-specific decommissioning activities associated with unlicensed sites, including MMLs, whether or not the sites
have been previously licensed ...........................................................................................................................................
15. Import and Export licenses ......................................................................................................................................................
16. Reciprocity ...............................................................................................................................................................................
17. Master materials licenses of broad scope issued to Government agencies [Program Code(s): 03614] ...............................
18. Department of Energy:
A. Certificates of Compliance .................................................................................................................................................
B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities ....................................................................................
N/A12
N/A7
N/A7
N/A8
N/A 8
$343,000
$1,366,00010
$545,000
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1 Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive
material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who
either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1, 2015, and permanently
ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for
a possession-only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of
§ 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certificate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and
irradiator activities), annual fees will be assessed for each category applicable to the license.
2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid.
Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter.
3 Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the Federal
Register for notice and comment.
4 Other facilities include licenses for extraction of metals, heavy metals, and rare earths.
5 There are no existing NRC licenses in these fee categories. If NRC issues a license for these categories, the Commission will consider establishing an annual fee for this type of license.
6 Standardized spent fuel facilities, 10 CFR parts 71 and 72 Certificates of Compliance and related Quality Assurance program approvals, and
special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily attributable to users of the designs, certificates, and topical reports.
7Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are licensed to operate.
8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license.
9 Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions that also hold nuclear medicine licenses
under fee categories 7.B. or 7.C.
10 This includes Certificates of Compliance issued to the U.S. Department of Energy that are not funded from the Nuclear Waste Fund.
11 See § 171.15(c).
12 See § 171.15(c).
13 No annual fee is charged for this category because the cost of the general license registration program applicable to licenses in this category will be recovered through 10 CFR part 170 fees.
14 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this
category. (This exception does not apply if the radium sources are possessed for storage only.)
15 Licensees paying annual fees under category 1.A., 1.B., and 1.E. are not subject to the annual fees for categories 1.C., 1.D., and 1.F. for
sealed sources authorized in the license.
16Licensees subject to fees under categories 1.A., 1.B., 1.E., or 2.A. must pay the largest applicable fee and are not subject to additional fees
listed in this table.
17 Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license.
18 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license.
19 Licensees paying fees under 3.N. are not subject to paying fees under 3.P. for calibration or leak testing services authorized on the same license.
20 Licensees paying fees under 7.B. are not subject to paying fees under 7.C. for broad scope license licenses issued under parts 30, 35, 40,
and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct material, source material, or special nuclear material in sealed sources contained in teletherapy devices authorized on the same license.
(e) The fee-relief adjustment allocated
to annual fees includes the budgeted
resources for the activities listed in
paragraph (e)(1) of this section, plus the
total budgeted resources for the
activities included in paragraphs (e)(2)
and (3) of this section, as reduced by the
appropriations the NRC receives for
these types of activities. If the NRC’s
appropriations for these types of
activities are greater than the budgeted
resources for the activities included in
paragraphs (e)(2) and (3) of this section
for a given fiscal year, a negative feerelief adjustment (or annual fee
reduction) will be allocated to annual
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16:19 Jun 23, 2016
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fees. The activities comprising the FY
2016 fee-relief adjustment are as
follows:
*
*
*
*
*
Dated at Rockville, Maryland, this 7th day
of June, 2016.
For the Nuclear Regulatory Commission.
Maureen E. Wylie,
Chief Financial Officer.
FEDERAL ELECTION COMMISSION
11 CFR Part 111
[Docket No. 2016–04]
Civil Monetary Penalties Inflation
Adjustments
Federal Election Commission.
Interim final rules.
AGENCY:
ACTION:
[FR Doc. 2016–14490 Filed 6–23–16; 8:45 am]
As required by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, the Federal
Election Commission is adopting
interim final rules to adjust for inflation
SUMMARY:
BILLING CODE 7590–01–P
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Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
the civil monetary penalties established
under the Federal Election Campaign
Act, the Presidential Election Campaign
Fund Act, and the Presidential Primary
Matching Payment Account Act. The
civil monetary penalties being adjusted
are those negotiated by the Commission
or imposed by a court for certain
statutory violations; and those imposed
by the Commission for late filing of or
failure to file certain reports required by
the Federal Election Campaign Act. The
adjusted civil monetary penalties are
calculated according to a statutory
formula and the adjusted amounts will
apply to penalties assessed after the
effective date of these rules.
DATES: The interim final rules are
effective on August 1, 2016. Comments
must be submitted on or before July 25,
2016.
ADDRESSES: All comments must be in
writing. Commenters are encouraged to
submit comments electronically via the
Commission’s Web site at https://
www.fec.gov/fosers, reference REG
2016–02, or by email to
InflationAdjustment@fec.gov.
Alternatively, commenters may submit
comments in paper form, addressed to
the Federal Election Commission, Attn.:
Neven F. Stipanovic, Acting Assistant
General Counsel, 999 E Street NW.,
Washington, DC 20463.
Each commenter must provide, at a
minimum, his or her first name, last
name, city, state, and zip code. All
properly submitted comments,
including attachments, will become part
of the public record, and the
Commission will make comments
available for public viewing on the
Commission’s Web site and in the
Commission’s Public Records Office.
Accordingly, commenters should not
provide in their comments any
information that they do not wish to
make public, such as a home street
address, personal email address, date of
birth, phone number, social security
number, or driver’s license number, or
any information that is restricted from
disclosure, such as trade secrets or
commercial or financial information
that is privileged or confidential.
FOR FURTHER INFORMATION CONTACT: Mr.
Neven F. Stipanovic, Acting Assistant
General Counsel, or Ms. Esther D.
Gyory, Attorney, Office of General
Counsel, 999 E Street NW., Washington,
DC 20463, (202) 694–1650 or (800) 424–
9530.
SUPPLEMENTARY INFORMATION: The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (the ‘‘2015 Act’’) 1 amended the
1 Public
Law 114–74, sec. 701, 129 Stat. 584, 599.
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Federal Civil Penalties Inflation
Adjustment Act of 1990 (the ‘‘Inflation
Adjustment Act’’) 2 to improve the
effectiveness of civil monetary penalties
and to maintain their deterrent effect.
Prior to the 2015 Act, the Inflation
Adjustment Act required federal
agencies, including the Commission, to
adjust for inflation the civil monetary
penalties within their jurisdiction at
least once every four years according to
detailed formulas. The Commission last
adjusted its civil monetary penalties for
inflation in 2013. Civil Monetary
Penalties Inflation Adjustments, 78 FR
44419 (July 24, 2013). As amended by
the 2015 Act, the Inflation Adjustment
Act now requires federal agencies to
make a one-time ‘‘catch-up’’ adjustment
to civil monetary penalties, which must
take effect no later than August 1, 2016,
and to adjust civil monetary penalties
annually thereafter using newly
prescribed formulas.3
The Inflation Adjustment Act defines
a civil monetary penalty as ‘‘any
penalty, fine, or other sanction’’ that (1)
‘‘is for a specific amount’’ or ‘‘has a
maximum amount’’ under federal law;
and (2) that a federal agency assesses or
enforces ‘‘pursuant to an administrative
proceeding or a civil action’’ in federal
court.4 Under the Federal Election
Campaign Act, 52 U.S.C. 30101–46
(‘‘FECA’’), the Commission may assess
and enforce civil monetary penalties for
violations of FECA, the Presidential
Election Campaign Fund Act, 26 U.S.C.
9001–13, and the Presidential Primary
Matching Payment Account Act, 26
U.S.C. 9031–42. As required by the
Inflation Adjustment Act, and pursuant
to guidance issued by the Office of
Management and Budget,5 the
Commission is now making a one-time
catch-up adjustment to the civil
monetary penalties within its
jurisdiction, according to the prescribed
formulas. The Commission will
implement annual inflation adjustments
beginning in January 2017.
2 Public Law 101–410, 104 Stat. 890 (codified at
28 U.S.C. 2461 note), as amended by Debt
Collection Improvement Act of 1996, Public Law
104–134, sec. 31001(s)(1), 110 Stat. 1321, 1373;
Federal Reports Elimination Act of 1998, Public
Law 105–362, sec. 1301, 112 Stat. 3280.
3 Inflation Adjustment Act secs. 4(b), 5.
4 Inflation Adjustment Act sec. 3(2).
5 See Inflation Adjustment Act sec. 7(a) (requiring
OMB to ‘‘issue guidance to agencies on
implementing the inflation adjustments required
under this Act’’); see also Memorandum from
Shaun Donovan, Director, Office of Management
and Budget, to Heads of Executive Departments and
Agencies, M–16–06 at 3 (Feb. 24, 2016) (‘‘OMB
Memorandum’’), https://www.whitehouse.gov/sites/
default/files/omb/memoranda/2016/m-16-06.pdf.
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Administrative Procedure Act
As required by the 2015 Act, the
Commission is issuing these rules as
interim final rules. The interim final
rules will take effect on August 1, 2016,
the date by which Congress mandated
that agencies make their catch-up
adjustment effective.
The Administrative Procedure Act’s
(‘‘APA’s’’) notice-and-comment
requirement does not apply here
because Congress specifically directed
agencies to make adjustments to civil
monetary penalties through an interim
final rule.6 Nonetheless, the public may
comment on these interim final rules,
and the Commission may address any
comments received in a later
rulemaking document. Furthermore,
because the inflation adjustments made
through the interim final rules are
required by Congress and involve no
Commission discretion or policy
judgments, these rules do not need to be
submitted to the Speaker of the House
of Representatives or the President of
the Senate under the Congressional
Review Act, 5 U.S.C. 801 et seq.
Moreover, because the APA’s noticeand-comment procedures do not apply
to these interim final rules, the
Commission is not required to conduct
a regulatory flexibility analysis under 5
U.S.C. 603 or 604. See 5 U.S.C. 601(2),
604(a). Nor is the Commission required
to submit these revisions for
congressional review under FECA. See 5
U.S.C. 30111(d)(1), (4) (providing for
congressional review when Commission
‘‘prescribe[s]’’ a ‘‘rule of law’’). The new
penalty amounts will apply to civil
monetary penalties that are assessed
after the date the increase takes effect,
even if the associated violation predated
the increase.7
Explanation and Justification
Under the Inflation Adjustment Act,
the Commission now must adjust each
civil monetary penalty for inflation by
applying a cost-of-living-adjustment
(‘‘COLA’’) ratio. The COLA ratio is the
percentage that the consumer price
index (‘‘CPI’’) 8 for October 2015
exceeds the CPI for October of the
‘‘baseline year,’’ which is the calendar
year when the civil monetary penalty
6 See, e.g., Asiana Airlines v. FAA, 134 F.3d 393,
396–99 (D.C. Cir. 1998) (finding APA ‘‘notice and
comment’’ requirement not applicable where
Congress clearly expressed intent to depart from
normal APA procedures); see also Inflation
Adjustment Act sec. 4(a), (b)(1) (requiring federal
agencies to adjust civil monetary penalties ‘‘through
an interim final rulemaking’’).
7 Inflation Adjustment Act sec. 6.
8 The Inflation Adjustment Act uses the CPI ‘‘for
all-urban consumers published by the Department
of Labor.’’ Id. sec. 3.
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was first established, or when it was
most recently adjusted under a
provision of law other than the Inflation
Adjustment Act.9 To calculate the
adjusted penalty, the Commission must
multiply the civil monetary penalty
amount in the baseline year by the
COLA ratio.10 The civil monetary
penalty, however, may not be increased
by more than 150% of the civil
monetary penalty amount in effect on
November 2, 2015.11
The Commission assesses two types of
civil monetary penalties that now must
be adjusted for inflation. First are those
penalties that are either negotiated by
the Commission or imposed by a court
for violations of FECA, the Presidential
Election Campaign Fund Act, and the
Presidential Primary Matching Payment
Account Act. These civil monetary
penalties are set forth at 11 CFR 111.24.
Second are the civil monetary penalties
assessed through the Commission’s
Administrative Fines Program for late
filing or non-filing of certain reports
required by FECA. See 52 U.S.C.
30109(a)(4)(C) (authorizing
Administrative Fines Program), 30104(a)
(requiring political committee treasurers
to report receipts and disbursements
Section
11
11
11
11
11
CFR
CFR
CFR
CFR
CFR
FECA authorizes the Commission to
assess civil monetary penalties for
violations of the reporting requirements
of 52 U.S.C. 30104(a) according to the
penalty schedules ‘‘established and
published by the Commission.’’ 52
U.S.C. 30109(a)(4)(C)(i). The
Commission has established two such
schedules: The schedule in 11 CFR
111.43(a) applies to reports that are not
election sensitive, and the schedule in
11 CFR 111.43(b) applies to reports that
are election sensitive.17 Each schedule
9 Id.
sec. 5(b)(2)(A).
sec. 5(b)(2)(B).
11 Id. sec. 5(b)(2)(C).
12 The COLA ratios are provided in the OMB
Memorandum, M–16–06 at 6.
13 Public Law 94–283, sec. 109, 90 Stat. 475
(codified at 52 U.S.C. 30109(a)(5)(A)–(B)); see also
Civil Monetary Penalties Inflation Adjustments, 78
FR 44419 (July 24, 2013) (‘‘2013 Adjustment); Civil
Monetary Penalties Inflation Adjustments, 74 FR
31345, 31346 (July 1, 2009), amended by Civil
Monetary Penalties Inflation Adjustments, 74 FR
10 Id.
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Civil penalty
in year est.
1976
1976
2002
1980
1980
2. 11 CFR 111.43, 111.44—
Administrative Fines
16:19 Jun 23, 2016
1. 11 CFR 111.24—Civil Penalties
FECA established the civil monetary
penalties for violations of FECA and the
other statutes within the Commission’s
jurisdiction. See 52 U.S.C. 30109(a)(5),
(6), (12). Commission regulations in 11
CFR 111.24 provide the current
inflation-adjusted amount for each such
civil monetary penalty. To calculate the
catch-up adjustment for each of the five
civil monetary penalties in 11 CFR
111.24, the Commission must first
identify the later of: The year the civil
monetary penalty was first established,
or the year it was last adjusted by law
other than under the Inflation
Adjustment Act. The Commission then
must apply the COLA ratio to the
amount of the civil monetary penalty in
effect in the baseline year.12
The civil monetary penalties at 11
CFR 111.24(a)(1) and 11 CFR 24(a)(2)(i)
were established by statute in 1976.13
The civil monetary penalty at 11 CFR
111.24(a)(2)(ii) was established in
2002.14 The civil monetary penalties at
Baseline year
111.24(a)(1) ..................
111.24(a)(2)(i) ..............
111.24(a)(2)(ii) ..............
111.24(b) ......................
111.24(b) ......................
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within certain time periods). The
penalty schedules for these civil
monetary penalties are set out at 11 CFR
111.43 and 111.44.
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COLA
Ratio 16
$5,000
10,000
50,000
2,000
5,000
4.10774
4.10774
1.31185
2.80469
2.80469
Adjusted
penalty
(rounded)
11 CFR 111.24(b) were established in
1980.15 None of these penalties has been
adjusted since its establishment, other
than for inflation. Accordingly, as
described above, the Commission
determines the adjusted penalty amount
by multiplying the amount of the
penalty in the baseline year by the
COLA ratio for that year and rounding
that figure to the nearest dollar. But the
Commission may not increase the civil
monetary penalty amount by more than
150% of the amount that was in effect
for that civil monetary penalty on
November 2, 2015. Thus, for example,
in section 111.24(a)(1), the 2015 civil
monetary penalty amount was $7,500.
The maximum the new civil monetary
penalty can increase by is 150% of that
amount, which would be an increase of
$11,250, for a maximum penalty of
$18,750. Because applying the COLA
ratio to the originally established
penalty amount would lead to an
adjusted penalty of approximately
$20,500, which exceeds the 150% cap
amount, the new civil monetary penalty
for section 111.24(a)(1) is $18,750. The
actual adjustment to each civil monetary
penalty is shown in the chart below.
2015
Penalty amt.
$20,539
41,077
65,593
5,609
14,023
$7,500
16,000
65,000
3,200
7,500
150% Cap
(rounded)
$18,750
40,000
162,500
8,000
18,750
New
civil
penalty
$18,750
40,000
65,593
5,609
14,023
contains two columns of penalties, one
for late-filed reports and one for nonfiled reports, with penalties based on
the level of financial activity in the
report and its lateness (where
applicable).18 In addition, 11 CFR
111.43(c) establishes a civil monetary
penalty for situations in which a
committee fails to file a report and the
Commission cannot calculate the
relevant level of activity. Finally, 11
CFR 111.44 establishes a civil monetary
penalty for failure to file timely reports
of contributions received less than 20
days, but more than 48 hours, before an
election. See 52 U.S.C. 30104(a)(6).
The Commission established the
penalty schedules in 11 CFR 111.43(a)
and (b) in 2000, when the Commission
promulgated its Administrative Fines
program. Administrative Fines, 65 FR
31787, 31796–97 (May 19, 2000) (‘‘2000
Administrative Fines’’). In 2003, the
Commission adjusted these schedules to
reduce certain penalties for political
committees with low levels of financial
activity. Administrative Fines, 68 FR
12572, 12573 (Mar. 17, 2003) (‘‘2003
Administrative Fines’’) (establishing
37161 (July 28, 2009) (collectively, ‘‘2009
Adjustment’’); Inflation Adjustments for Civil
Monetary Penalties, 70 FR 34633, 34634 (June 15,
2005) (‘‘2005 Adjustment’’); Adjustments to Civil
Monetary Penalty Amounts, 62 FR 11316 (Mar. 12,
1997) (‘‘1997 Adjustment’’).
14 Public Law 107–155, sec. 312(a), 116 Stat. 81
(codified at 52 U.S.C. 30109(a)(5)(B)); see also 2013
Adjustment, 78 FR at 44420; 2009 Adjustment, 74
FR at 31346, 74 FR 37161; 2005 Adjustment, 70 FR
at 34634.
15 Public Law 96–187, sec. 108, 93 Stat. 1339
(codified at 52 U.S.C. 30109(a)(12)); see also 2013
Adjustment, 78 FR at 44420; 2009 Adjustment, 74
FR at 31346, 74 FR 37161; 2005 Adjustment, 70 FR
at 34635; 1997 Adjustment, 62 FR at 11316–17.
16 OMB Memorandum, Table A.
17 Election sensitive reports are certain reports
due shortly before an election. See 11 CFR
111.43(d)(1).
18 A report is considered to be ‘‘not filed’’ if it is
never filed or is filed more than a certain number
of days after its due date. See 11 CFR 111.43(e).
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‘‘new schedules that reduce civil money
penalties for . . . committees with less
than $50,000 in activity’’). Other than
for inflation, these penalty schedules
have not been adjusted since 2003.19
The civil monetary penalties in 11 CFR
111.43(c) and 111.44 were established
in 2000 and, except for inflation, have
not been adjusted since.20
As described above, to determine the
adjusted penalty amount, the
Commission first multiplies the amount
of the penalty in the baseline year by the
COLA ratio for that year and rounds that
figure to the nearest dollar. For certain
penalties assessed at low levels of
financial activity (up to $49,999.99) the
baseline year is 2003. 2003
Administrative Fines, 68 FR at 12573–
75. For all other penalties, the baseline
year is 2000. 2000 Administrative Fines,
65 FR at 31792–98. The adjusted civil
monetary penalty for each level of
activity is the baseline year penalty
amount multiplied by the COLA ratio
that is provided in the OMB
Memorandum. None of these adjusted
civil monetary penalties exceeds the
If the level of activity in the
report was:
$1–4,999.99
a
...................
$5,000–9,999.99 ....................
$10,000–24,999.99 ................
$25,000–49,999.99 ................
$50,000–74,999.99 ................
$75,000–99,999.99 ................
$100,000–149,999.99 ............
$150,000–199,999.99 ............
$200,000–249,999.99 ............
$250,000–349,999.99 ............
$350,000–449,999.99 ............
$450,000–549,999.99 ............
$550,000–649,999.99 ............
$650,000–749,999.99 ............
$750,000–849,999.99 ............
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$850,000–949,999.99 ............
$950,000 or over ...................
a The
150% cap. The new civil monetary
penalties are shown in the schedules in
the revised rule text, below.
List of Subjects in 11 CFR Part 111
Administrative practice and
procedures, Elections, Law enforcement,
Penalties.
For the reasons set out in the
preamble, the Federal Election
Commission amends subchapter A of
chapter I of title 11 of the Code of
Federal Regulations as follows:
PART 111—COMPLIANCE
PROCEDURE (52 U.S.C. 30109,
30107(a))
Section
111.24(a)(1) ..................
111.24(a)(2)(i) ...............
111.24(a)(2)(ii) ..............
111.24(b) ......................
111.24(b) ......................
Remove
$7,500
16,000
65,000
3,200
7,500
Add
$18,750
40,000
65,593
5,609
14,023
3. Section 111.43 is amended by
revising paragraphs (a), (b), and (c) to
read as follows:
■
1. The authority citation for part 111
continues to read as follows:
■
Authority: 52 U.S.C. 30102(i), 30109,
30107(a), 30111(a)(8); 28 U.S.C. 2461 nt.; 31
U.S.C. 3701, 3711, 3716–3719, and 3820A, as
amended; 31 CFR parts 285 and 900–904.
§ 111.24
In the table below, for each section
indicated in the left column, remove the
number indicated in the middle
column, and add in its place the number
indicated in the right column.
[Amended]
2. Section 111.24 is amended as
follows:
■
§ 111.43 What are the schedules of
penalties?
(a) The civil money penalty for all
reports that are filed late or not filed,
except election sensitive reports and
pre-election reports under 11 CFR 104.5,
shall be calculated in accordance with
the following schedule of penalties:
And the report was filed late, the civil money penalty
is:
Or the report was not filed, the civil money penalty is:
[$32 + ($6 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$64 + ($6 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$137 + ($6 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$273 + ($26 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$410 + ($103 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$547 + ($137 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$820 + ($171 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1,094 + ($205 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1,367 + ($239 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$2,050 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$2,734 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$3,417 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$4,101 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$4,784 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$5,468 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$6,151 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$6,834 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
$321 × [1 + (.25 × Number of previous violations)].
$386 × [1 + (.25 × Number of previous violations)].
$643 × [1 + (.25 × Number of previous violations)].
$1,157 × [1 + (.25 × Number of previous violations)].
$3,691 × [1 + (.25 × Number of previous violations)].
$4,784 × [1 + (.25 × Number of previous violations)].
$6,151 × [1 + (.25 × Number of previous violations)].
$7,518 × [1 + (.25 × Number of previous violations)].
$8,885 × [1 + (.25 × Number of previous violations)].
$10,935 × [1 + (.25 × Number of previous violations)].
$12,302 × [1 + (.25 × Number of previous violations)].
$12,985 × [1 + (.25 × Number of previous violations)].
$13,669 × [1 + (.25 × Number of previous violations)].
$14,352 × [1 + (.25 × Number of previous violations)].
$15,036 × [1 + (.25 × Number of previous violations)].
$15,719 × [1 + (.25 × Number of previous violations)].
$16,403 × [1 + (.25 × Number of previous violations)].
civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report.
19 See 2013 Adjustment, 78 FR at 44420; 2009
Adjustment, 74 FR at 31346–47; 2005 Adjustment,
70 FR at 34635.
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see also 2013 Adjustment, 78 FR at 44420; 2009
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FR at 34635.
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Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
(b) The civil money penalty for
election sensitive reports that are filed
late or not filed shall be calculated in
accordance with the following schedule
of penalties:
If the level of activity in the
report was:
And the report was filed late, the civil money penalty
is:
Or the report was not filed, the civil money penalty is:
$1–$4,999.99 a ......................
[$64 + ($13 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$129 + ($13 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$193 + ($13 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$410 + ($32 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$615 + ($103 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$820 + ($137 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1,230 + ($171 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1,640 + ($205 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$2,050 + ($239 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$3,076 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$4,101+ ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$5,126 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$6,151 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$7,176 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$8,201 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$9,227 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$10,252 + ($273 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
$643 × [1 + (.25 × Number of previous violations)].
$5,000–$9,999.99 ..................
$10,000–24,999.99 ................
$25,000–49,999.99 ................
$50,000–74,999.99 ................
$75,000–99,999.99 ................
$100,000–149,999.99 ............
$150,000–199,999.99 ............
$200,000–249,999.99 ............
$250,000–349,999.99 ............
$350,000–449,999.99 ............
$450,000–549,999.99 ............
$550,000–649,999.99 ............
$650,000–749,999.99 ............
$750,000–849,999.99 ............
$850,000–949,999.99 ............
$950,000 or over ...................
a The
$1,157 × [1 + (.25 × Number of previous violations)].
$1,800 × [1 + (.25 × Number of previous violations)].
$4,101 × [1 + (.25 × Number of previous violations)].
$5,468 × [1 + (.25 × Number of previous violations)].
$6,834 × [1 + (.25 × Number of previous violations)].
$8,201 × [1 + (.25 × Number of previous violations)].
$10,252 × [1 + (.25 × Number of previous violations)].
$12,302 × [1 + (.25 × Number of previous violations)].
$13,669 × [1 + (.25 × Number of previous violations)].
$15,036 × [1 + (.25 × Number of previous violations)].
$16,403 × [1 + (.25 × Number of previous violations)].
$17,770 × [1 + (.25 × Number of previous violations)].
$19,136 × [1 + (.25 × Number of previous violations)].
$20,503 × [1 + (.25 × Number of previous violations)].
$21,870 × [1 + (.25 × Number of previous violations)].
civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report.
(c) If the respondent fails to file a
required report and the Commission
cannot calculate the level of activity
under paragraph (d) of this section, then
the civil money penalty shall be $7,518.
*
*
*
*
*
§ 111.44
[Amended]
Dated: June 16, 2016.
On behalf of the Commission.
Matthew S. Petersen,
Chairman, Federal Election Commission.
[FR Doc. 2016–14877 Filed 6–23–16; 8:45 am]
BILLING CODE 6715–01–P
VerDate Sep<11>2014
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 25, 121, and 129
[Docket No.: FAA–2014–0500; Amdt. Nos.
25–142, 21–376, and 129–53]
RIN 2120–AK30
4. In § 111.44, paragraph (a)(1) is
amended by removing ‘‘$110’’ and
adding in its place ‘‘$137’’.
■
sradovich on DSK3GDR082PROD with RULES
$771 × [1 + (.25 × Number of previous violations)].
Jkt 238001
Fuel Tank Vent Fire Protection
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
The FAA is amending certain
airworthiness regulations for transport
category airplanes to require fuel tank
designs that prevent a fuel tank
explosion caused by the propagation of
flames, from external fires, through the
fuel tank vents. This final rule requires
a delay of two minutes and thirty
seconds between exposure of external
fuel tank vents to ignition sources and
explosions caused by propagation of
flames into the fuel tank, thus
increasing the time available for
SUMMARY:
PO 00000
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Sfmt 4700
passenger evacuation and emergency
response. These amendments apply to
applications for new type certificates
and certain applications for amended or
supplemental type certificates. The
amendments also require certain
airplanes produced in the future and
operated by air carriers to meet the new
standards.
DATES: Effective August 23, 2016. The
compliance date for the requirements in
§ 25.975 is August 23, 2016. The
compliance date for the requirements in
§§ 121.1119 and 129.119 is August 23,
2018.
ADDRESSES: For information on where to
obtain copies of rulemaking documents
and other information related to this
final rule, see ‘‘How to Obtain
Additional Information’’ in the
SUPPLEMENTARY INFORMATION section of
this document.
FOR FURTHER INFORMATION CONTACT: For
technical questions concerning this
action, contact Mike Dostert, Propulsion
and Mechanical Systems Branch, ANM–
112, Transport Airplane Directorate,
E:\FR\FM\24JNR1.SGM
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]]>Agencies
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)]
[Rules and Regulations]
[Pages 41196-41200]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-14877]
=======================================================================
-----------------------------------------------------------------------
FEDERAL ELECTION COMMISSION
11 CFR Part 111
[Docket No. 2016-04]
Civil Monetary Penalties Inflation Adjustments
AGENCY: Federal Election Commission.
ACTION: Interim final rules.
-----------------------------------------------------------------------
SUMMARY: As required by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, the Federal Election
Commission is adopting interim final rules to adjust for inflation
[[Page 41197]]
the civil monetary penalties established under the Federal Election
Campaign Act, the Presidential Election Campaign Fund Act, and the
Presidential Primary Matching Payment Account Act. The civil monetary
penalties being adjusted are those negotiated by the Commission or
imposed by a court for certain statutory violations; and those imposed
by the Commission for late filing of or failure to file certain reports
required by the Federal Election Campaign Act. The adjusted civil
monetary penalties are calculated according to a statutory formula and
the adjusted amounts will apply to penalties assessed after the
effective date of these rules.
DATES: The interim final rules are effective on August 1, 2016.
Comments must be submitted on or before July 25, 2016.
ADDRESSES: All comments must be in writing. Commenters are encouraged
to submit comments electronically via the Commission's Web site at
https://www.fec.gov/fosers, reference REG 2016-02, or by email to
InflationAdjustment@fec.gov. Alternatively, commenters may submit
comments in paper form, addressed to the Federal Election Commission,
Attn.: Neven F. Stipanovic, Acting Assistant General Counsel, 999 E
Street NW., Washington, DC 20463.
Each commenter must provide, at a minimum, his or her first name,
last name, city, state, and zip code. All properly submitted comments,
including attachments, will become part of the public record, and the
Commission will make comments available for public viewing on the
Commission's Web site and in the Commission's Public Records Office.
Accordingly, commenters should not provide in their comments any
information that they do not wish to make public, such as a home street
address, personal email address, date of birth, phone number, social
security number, or driver's license number, or any information that is
restricted from disclosure, such as trade secrets or commercial or
financial information that is privileged or confidential.
FOR FURTHER INFORMATION CONTACT: Mr. Neven F. Stipanovic, Acting
Assistant General Counsel, or Ms. Esther D. Gyory, Attorney, Office of
General Counsel, 999 E Street NW., Washington, DC 20463, (202) 694-1650
or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (the ``2015 Act'') \1\ amended
the Federal Civil Penalties Inflation Adjustment Act of 1990 (the
``Inflation Adjustment Act'') \2\ to improve the effectiveness of civil
monetary penalties and to maintain their deterrent effect. Prior to the
2015 Act, the Inflation Adjustment Act required federal agencies,
including the Commission, to adjust for inflation the civil monetary
penalties within their jurisdiction at least once every four years
according to detailed formulas. The Commission last adjusted its civil
monetary penalties for inflation in 2013. Civil Monetary Penalties
Inflation Adjustments, 78 FR 44419 (July 24, 2013). As amended by the
2015 Act, the Inflation Adjustment Act now requires federal agencies to
make a one-time ``catch-up'' adjustment to civil monetary penalties,
which must take effect no later than August 1, 2016, and to adjust
civil monetary penalties annually thereafter using newly prescribed
formulas.\3\
---------------------------------------------------------------------------
\1\ Public Law 114-74, sec. 701, 129 Stat. 584, 599.
\2\ Public Law 101-410, 104 Stat. 890 (codified at 28 U.S.C.
2461 note), as amended by Debt Collection Improvement Act of 1996,
Public Law 104-134, sec. 31001(s)(1), 110 Stat. 1321, 1373; Federal
Reports Elimination Act of 1998, Public Law 105-362, sec. 1301, 112
Stat. 3280.
\3\ Inflation Adjustment Act secs. 4(b), 5.
---------------------------------------------------------------------------
The Inflation Adjustment Act defines a civil monetary penalty as
``any penalty, fine, or other sanction'' that (1) ``is for a specific
amount'' or ``has a maximum amount'' under federal law; and (2) that a
federal agency assesses or enforces ``pursuant to an administrative
proceeding or a civil action'' in federal court.\4\ Under the Federal
Election Campaign Act, 52 U.S.C. 30101-46 (``FECA''), the Commission
may assess and enforce civil monetary penalties for violations of FECA,
the Presidential Election Campaign Fund Act, 26 U.S.C. 9001-13, and the
Presidential Primary Matching Payment Account Act, 26 U.S.C. 9031-42.
As required by the Inflation Adjustment Act, and pursuant to guidance
issued by the Office of Management and Budget,\5\ the Commission is now
making a one-time catch-up adjustment to the civil monetary penalties
within its jurisdiction, according to the prescribed formulas. The
Commission will implement annual inflation adjustments beginning in
January 2017.
---------------------------------------------------------------------------
\4\ Inflation Adjustment Act sec. 3(2).
\5\ See Inflation Adjustment Act sec. 7(a) (requiring OMB to
``issue guidance to agencies on implementing the inflation
adjustments required under this Act''); see also Memorandum from
Shaun Donovan, Director, Office of Management and Budget, to Heads
of Executive Departments and Agencies, M-16-06 at 3 (Feb. 24, 2016)
(``OMB Memorandum''), https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf.
---------------------------------------------------------------------------
Administrative Procedure Act
As required by the 2015 Act, the Commission is issuing these rules
as interim final rules. The interim final rules will take effect on
August 1, 2016, the date by which Congress mandated that agencies make
their catch-up adjustment effective.
The Administrative Procedure Act's (``APA's'') notice-and-comment
requirement does not apply here because Congress specifically directed
agencies to make adjustments to civil monetary penalties through an
interim final rule.\6\ Nonetheless, the public may comment on these
interim final rules, and the Commission may address any comments
received in a later rulemaking document. Furthermore, because the
inflation adjustments made through the interim final rules are required
by Congress and involve no Commission discretion or policy judgments,
these rules do not need to be submitted to the Speaker of the House of
Representatives or the President of the Senate under the Congressional
Review Act, 5 U.S.C. 801 et seq. Moreover, because the APA's notice-
and-comment procedures do not apply to these interim final rules, the
Commission is not required to conduct a regulatory flexibility analysis
under 5 U.S.C. 603 or 604. See 5 U.S.C. 601(2), 604(a). Nor is the
Commission required to submit these revisions for congressional review
under FECA. See 5 U.S.C. 30111(d)(1), (4) (providing for congressional
review when Commission ``prescribe[s]'' a ``rule of law''). The new
penalty amounts will apply to civil monetary penalties that are
assessed after the date the increase takes effect, even if the
associated violation predated the increase.\7\
---------------------------------------------------------------------------
\6\ See, e.g., Asiana Airlines v. FAA, 134 F.3d 393, 396-99
(D.C. Cir. 1998) (finding APA ``notice and comment'' requirement not
applicable where Congress clearly expressed intent to depart from
normal APA procedures); see also Inflation Adjustment Act sec. 4(a),
(b)(1) (requiring federal agencies to adjust civil monetary
penalties ``through an interim final rulemaking'').
\7\ Inflation Adjustment Act sec. 6.
---------------------------------------------------------------------------
Explanation and Justification
Under the Inflation Adjustment Act, the Commission now must adjust
each civil monetary penalty for inflation by applying a cost-of-living-
adjustment (``COLA'') ratio. The COLA ratio is the percentage that the
consumer price index (``CPI'') \8\ for October 2015 exceeds the CPI for
October of the ``baseline year,'' which is the calendar year when the
civil monetary penalty
[[Page 41198]]
was first established, or when it was most recently adjusted under a
provision of law other than the Inflation Adjustment Act.\9\ To
calculate the adjusted penalty, the Commission must multiply the civil
monetary penalty amount in the baseline year by the COLA ratio.\10\ The
civil monetary penalty, however, may not be increased by more than 150%
of the civil monetary penalty amount in effect on November 2, 2015.\11\
---------------------------------------------------------------------------
\8\ The Inflation Adjustment Act uses the CPI ``for all-urban
consumers published by the Department of Labor.'' Id. sec. 3.
\9\ Id. sec. 5(b)(2)(A).
\10\ Id. sec. 5(b)(2)(B).
\11\ Id. sec. 5(b)(2)(C).
---------------------------------------------------------------------------
The Commission assesses two types of civil monetary penalties that
now must be adjusted for inflation. First are those penalties that are
either negotiated by the Commission or imposed by a court for
violations of FECA, the Presidential Election Campaign Fund Act, and
the Presidential Primary Matching Payment Account Act. These civil
monetary penalties are set forth at 11 CFR 111.24. Second are the civil
monetary penalties assessed through the Commission's Administrative
Fines Program for late filing or non-filing of certain reports required
by FECA. See 52 U.S.C. 30109(a)(4)(C) (authorizing Administrative Fines
Program), 30104(a) (requiring political committee treasurers to report
receipts and disbursements within certain time periods). The penalty
schedules for these civil monetary penalties are set out at 11 CFR
111.43 and 111.44.
1. 11 CFR 111.24--Civil Penalties
FECA established the civil monetary penalties for violations of
FECA and the other statutes within the Commission's jurisdiction. See
52 U.S.C. 30109(a)(5), (6), (12). Commission regulations in 11 CFR
111.24 provide the current inflation-adjusted amount for each such
civil monetary penalty. To calculate the catch-up adjustment for each
of the five civil monetary penalties in 11 CFR 111.24, the Commission
must first identify the later of: The year the civil monetary penalty
was first established, or the year it was last adjusted by law other
than under the Inflation Adjustment Act. The Commission then must apply
the COLA ratio to the amount of the civil monetary penalty in effect in
the baseline year.\12\
---------------------------------------------------------------------------
\12\ The COLA ratios are provided in the OMB Memorandum, M-16-06
at 6.
---------------------------------------------------------------------------
The civil monetary penalties at 11 CFR 111.24(a)(1) and 11 CFR
24(a)(2)(i) were established by statute in 1976.\13\ The civil monetary
penalty at 11 CFR 111.24(a)(2)(ii) was established in 2002.\14\ The
civil monetary penalties at 11 CFR 111.24(b) were established in
1980.\15\ None of these penalties has been adjusted since its
establishment, other than for inflation. Accordingly, as described
above, the Commission determines the adjusted penalty amount by
multiplying the amount of the penalty in the baseline year by the COLA
ratio for that year and rounding that figure to the nearest dollar. But
the Commission may not increase the civil monetary penalty amount by
more than 150% of the amount that was in effect for that civil monetary
penalty on November 2, 2015. Thus, for example, in section
111.24(a)(1), the 2015 civil monetary penalty amount was $7,500. The
maximum the new civil monetary penalty can increase by is 150% of that
amount, which would be an increase of $11,250, for a maximum penalty of
$18,750. Because applying the COLA ratio to the originally established
penalty amount would lead to an adjusted penalty of approximately
$20,500, which exceeds the 150% cap amount, the new civil monetary
penalty for section 111.24(a)(1) is $18,750. The actual adjustment to
each civil monetary penalty is shown in the chart below.
---------------------------------------------------------------------------
\13\ Public Law 94-283, sec. 109, 90 Stat. 475 (codified at 52
U.S.C. 30109(a)(5)(A)-(B)); see also Civil Monetary Penalties
Inflation Adjustments, 78 FR 44419 (July 24, 2013) (``2013
Adjustment); Civil Monetary Penalties Inflation Adjustments, 74 FR
31345, 31346 (July 1, 2009), amended by Civil Monetary Penalties
Inflation Adjustments, 74 FR 37161 (July 28, 2009) (collectively,
``2009 Adjustment''); Inflation Adjustments for Civil Monetary
Penalties, 70 FR 34633, 34634 (June 15, 2005) (``2005 Adjustment'');
Adjustments to Civil Monetary Penalty Amounts, 62 FR 11316 (Mar. 12,
1997) (``1997 Adjustment'').
\14\ Public Law 107-155, sec. 312(a), 116 Stat. 81 (codified at
52 U.S.C. 30109(a)(5)(B)); see also 2013 Adjustment, 78 FR at 44420;
2009 Adjustment, 74 FR at 31346, 74 FR 37161; 2005 Adjustment, 70 FR
at 34634.
\15\ Public Law 96-187, sec. 108, 93 Stat. 1339 (codified at 52
U.S.C. 30109(a)(12)); see also 2013 Adjustment, 78 FR at 44420; 2009
Adjustment, 74 FR at 31346, 74 FR 37161; 2005 Adjustment, 70 FR at
34635; 1997 Adjustment, 62 FR at 11316-17.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Civil Adjusted
Section Baseline penalty in COLA Ratio penalty 2015 Penalty 150% Cap New civil
year year est. \16\ (rounded) amt. (rounded) penalty
--------------------------------------------------------------------------------------------------------------------------------------------------------
11 CFR 111.24(a)(1)................................... 1976 $5,000 4.10774 $20,539 $7,500 $18,750 $18,750
11 CFR 111.24(a)(2)(i)................................ 1976 10,000 4.10774 41,077 16,000 40,000 40,000
11 CFR 111.24(a)(2)(ii)............................... 2002 50,000 1.31185 65,593 65,000 162,500 65,593
11 CFR 111.24(b)...................................... 1980 2,000 2.80469 5,609 3,200 8,000 5,609
11 CFR 111.24(b)...................................... 1980 5,000 2.80469 14,023 7,500 18,750 14,023
--------------------------------------------------------------------------------------------------------------------------------------------------------
2. 11 CFR 111.43, 111.44--Administrative Fines
---------------------------------------------------------------------------
\16\ OMB Memorandum, Table A.
---------------------------------------------------------------------------
FECA authorizes the Commission to assess civil monetary penalties
for violations of the reporting requirements of 52 U.S.C. 30104(a)
according to the penalty schedules ``established and published by the
Commission.'' 52 U.S.C. 30109(a)(4)(C)(i). The Commission has
established two such schedules: The schedule in 11 CFR 111.43(a)
applies to reports that are not election sensitive, and the schedule in
11 CFR 111.43(b) applies to reports that are election sensitive.\17\
Each schedule contains two columns of penalties, one for late-filed
reports and one for non-filed reports, with penalties based on the
level of financial activity in the report and its lateness (where
applicable).\18\ In addition, 11 CFR 111.43(c) establishes a civil
monetary penalty for situations in which a committee fails to file a
report and the Commission cannot calculate the relevant level of
activity. Finally, 11 CFR 111.44 establishes a civil monetary penalty
for failure to file timely reports of contributions received less than
20 days, but more than 48 hours, before an election. See 52 U.S.C.
30104(a)(6).
---------------------------------------------------------------------------
\17\ Election sensitive reports are certain reports due shortly
before an election. See 11 CFR 111.43(d)(1).
\18\ A report is considered to be ``not filed'' if it is never
filed or is filed more than a certain number of days after its due
date. See 11 CFR 111.43(e).
---------------------------------------------------------------------------
The Commission established the penalty schedules in 11 CFR
111.43(a) and (b) in 2000, when the Commission promulgated its
Administrative Fines program. Administrative Fines, 65 FR 31787, 31796-
97 (May 19, 2000) (``2000 Administrative Fines''). In 2003, the
Commission adjusted these schedules to reduce certain penalties for
political committees with low levels of financial activity.
Administrative Fines, 68 FR 12572, 12573 (Mar. 17, 2003) (``2003
Administrative Fines'') (establishing
[[Page 41199]]
``new schedules that reduce civil money penalties for . . . committees
with less than $50,000 in activity''). Other than for inflation, these
penalty schedules have not been adjusted since 2003.\19\ The civil
monetary penalties in 11 CFR 111.43(c) and 111.44 were established in
2000 and, except for inflation, have not been adjusted since.\20\
---------------------------------------------------------------------------
\19\ See 2013 Adjustment, 78 FR at 44420; 2009 Adjustment, 74 FR
at 31346-47; 2005 Adjustment, 70 FR at 34635.
\20\ 2000 Administrative Fines, 65 FR at 31797-98; see also 2013
Adjustment, 78 FR at 44420; 2009 Adjustment, 74 FR at 31347; 2005
Adjustment, 70 FR at 34635.
---------------------------------------------------------------------------
As described above, to determine the adjusted penalty amount, the
Commission first multiplies the amount of the penalty in the baseline
year by the COLA ratio for that year and rounds that figure to the
nearest dollar. For certain penalties assessed at low levels of
financial activity (up to $49,999.99) the baseline year is 2003. 2003
Administrative Fines, 68 FR at 12573-75. For all other penalties, the
baseline year is 2000. 2000 Administrative Fines, 65 FR at 31792-98.
The adjusted civil monetary penalty for each level of activity is the
baseline year penalty amount multiplied by the COLA ratio that is
provided in the OMB Memorandum. None of these adjusted civil monetary
penalties exceeds the 150% cap. The new civil monetary penalties are
shown in the schedules in the revised rule text, below.
List of Subjects in 11 CFR Part 111
Administrative practice and procedures, Elections, Law enforcement,
Penalties.
For the reasons set out in the preamble, the Federal Election
Commission amends subchapter A of chapter I of title 11 of the Code of
Federal Regulations as follows:
PART 111--COMPLIANCE PROCEDURE (52 U.S.C. 30109, 30107(a))
0
1. The authority citation for part 111 continues to read as follows:
Authority: 52 U.S.C. 30102(i), 30109, 30107(a), 30111(a)(8); 28
U.S.C. 2461 nt.; 31 U.S.C. 3701, 3711, 3716-3719, and 3820A, as
amended; 31 CFR parts 285 and 900-904.
Sec. 111.24 [Amended]
0
2. Section 111.24 is amended as follows:
In the table below, for each section indicated in the left column,
remove the number indicated in the middle column, and add in its place
the number indicated in the right column.
------------------------------------------------------------------------
Section Remove Add
------------------------------------------------------------------------
111.24(a)(1)........................................ $7,500 $18,750
111.24(a)(2)(i)..................................... 16,000 40,000
111.24(a)(2)(ii).................................... 65,000 65,593
111.24(b)........................................... 3,200 5,609
111.24(b)........................................... 7,500 14,023
------------------------------------------------------------------------
0
3. Section 111.43 is amended by revising paragraphs (a), (b), and (c)
to read as follows:
Sec. 111.43 What are the schedules of penalties?
(a) The civil money penalty for all reports that are filed late or
not filed, except election sensitive reports and pre-election reports
under 11 CFR 104.5, shall be calculated in accordance with the
following schedule of penalties:
----------------------------------------------------------------------------------------------------------------
If the level of activity in the And the report was filed late, the Or the report was not filed, the
report was: civil money penalty is: civil money penalty is:
----------------------------------------------------------------------------------------------------------------
$1-4,999.99 \ a\.................. [$32 + ($6 x Number of days late)] x $321 x [1 + (.25 x Number of previous
[1 + (.25 x Number of previous violations)].
violations)].
$5,000-9,999.99................... [$64 + ($6 x Number of days late)] x $386 x [1 + (.25 x Number of previous
[1 + (.25 x Number of previous violations)].
violations)].
$10,000-24,999.99................. [$137 + ($6 x Number of days late)] x $643 x [1 + (.25 x Number of previous
[1 + (.25 x Number of previous violations)].
violations)].
$25,000-49,999.99................. [$273 + ($26 x Number of days late)] $1,157 x [1 + (.25 x Number of
x [1 + (.25 x Number of previous previous violations)].
violations)].
$50,000-74,999.99................. [$410 + ($103 x Number of days late)] $3,691 x [1 + (.25 x Number of
x [1 + (.25 x Number of previous previous violations)].
violations)].
$75,000-99,999.99................. [$547 + ($137 x Number of days late)] $4,784 x [1 + (.25 x Number of
x [1 + (.25 x Number of previous previous violations)].
violations)].
$100,000-149,999.99............... [$820 + ($171 x Number of days late)] $6,151 x [1 + (.25 x Number of
x [1 + (.25 x Number of previous previous violations)].
violations)].
$150,000-199,999.99............... [$1,094 + ($205 x Number of days $7,518 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$200,000-249,999.99............... [$1,367 + ($239 x Number of days $8,885 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$250,000-349,999.99............... [$2,050 + ($273 x Number of days $10,935 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$350,000-449,999.99............... [$2,734 + ($273 x Number of days $12,302 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$450,000-549,999.99............... [$3,417 + ($273 x Number of days $12,985 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$550,000-649,999.99............... [$4,101 + ($273 x Number of days $13,669 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$650,000-749,999.99............... [$4,784 + ($273 x Number of days $14,352 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$750,000-849,999.99............... [$5,468 + ($273 x Number of days $15,036 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$850,000-949,999.99............... [$6,151 + ($273 x Number of days $15,719 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$950,000 or over.................. [$6,834 + ($273 x Number of days $16,403 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
----------------------------------------------------------------------------------------------------------------
\a\ The civil money penalty for a respondent who does not have any previous violations will not exceed the level
of activity in the report.
[[Page 41200]]
(b) The civil money penalty for election sensitive reports that are
filed late or not filed shall be calculated in accordance with the
following schedule of penalties:
----------------------------------------------------------------------------------------------------------------
If the level of activity in the And the report was filed late, the Or the report was not filed, the
report was: civil money penalty is: civil money penalty is:
----------------------------------------------------------------------------------------------------------------
$1-$4,999.99 \a\.................. [$64 + ($13 x Number of days late)] x $643 x [1 + (.25 x Number of previous
[1 + (.25 x Number of previous violations)].
violations)].
$5,000-$9,999.99.................. [$129 + ($13 x Number of days late)] $771 x [1 + (.25 x Number of previous
x [1 + (.25 x Number of previous violations)].
violations)].
$10,000-24,999.99................. [$193 + ($13 x Number of days late)] $1,157 x [1 + (.25 x Number of
x [1 + (.25 x Number of previous previous violations)].
violations)].
$25,000-49,999.99................. [$410 + ($32 x Number of days late)] $1,800 x [1 + (.25 x Number of
x [1 + (.25 x Number of previous previous violations)].
violations)].
$50,000-74,999.99................. [$615 + ($103 x Number of days late)] $4,101 x [1 + (.25 x Number of
x [1 + (.25 x Number of previous previous violations)].
violations)].
$75,000-99,999.99................. [$820 + ($137 x Number of days late)] $5,468 x [1 + (.25 x Number of
x [1 + (.25 x Number of previous previous violations)].
violations)].
$100,000-149,999.99............... [$1,230 + ($171 x Number of days $6,834 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$150,000-199,999.99............... [$1,640 + ($205 x Number of days $8,201 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$200,000-249,999.99............... [$2,050 + ($239 x Number of days $10,252 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$250,000-349,999.99............... [$3,076 + ($273 x Number of days $12,302 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$350,000-449,999.99............... [$4,101+ ($273 x Number of days $13,669 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$450,000-549,999.99............... [$5,126 + ($273 x Number of days $15,036 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$550,000-649,999.99............... [$6,151 + ($273 x Number of days $16,403 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$650,000-749,999.99............... [$7,176 + ($273 x Number of days $17,770 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$750,000-849,999.99............... [$8,201 + ($273 x Number of days $19,136 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$850,000-949,999.99............... [$9,227 + ($273 x Number of days $20,503 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$950,000 or over.................. [$10,252 + ($273 x Number of days $21,870 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
----------------------------------------------------------------------------------------------------------------
\a\ The civil money penalty for a respondent who does not have any previous violations will not exceed the level
of activity in the report.
(c) If the respondent fails to file a required report and the
Commission cannot calculate the level of activity under paragraph (d)
of this section, then the civil money penalty shall be $7,518.
* * * * *
Sec. 111.44 [Amended]
0
4. In Sec. 111.44, paragraph (a)(1) is amended by removing ``$110''
and adding in its place ``$137''.
Dated: June 16, 2016.
On behalf of the Commission.
Matthew S. Petersen,
Chairman, Federal Election Commission.
[FR Doc. 2016-14877 Filed 6-23-16; 8:45 am]
BILLING CODE 6715-01-P
