Civil Monetary Penalty Inflation Adjustments, 8137-8139 [2017-00567]

Download as PDF 8137 Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Rules and Regulations CALCULATION OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES—Continued Current penalty (2016) Citation Description 16 CFR 1.98(m): 15 U.S.C. 1681s(a)(2) ........ 16 CFR 1.98(n): 21 U.S.C. 355 note .............. 16 CFR 1.98(o): 42 U.S.C. 17304 .................. Knowing violations ......................................... Non-compliance with filing requirements ....... Market manipulation or provision of false information to federal agencies. Effective Dates of New Penalties These new penalty levels apply to civil penalties assessed after the effective date of the applicable adjustment, including civil penalties whose associated violation predated the effective date.6 These adjustments do not retrospectively change previously assessed or enforced civil penalties that the FTC is actively collecting or has collected. Procedural Requirements The FCPIAA, as amended, directs agencies to publish the required inflation adjustments in the Federal Register by no later than January 15, 2017, notwithstanding section 553 of title 5, United States Code. Pursuant to this congressional mandate, prior public notice and comment under the APA and a delayed effective date are not required. For this reason, the requirements of the Regulatory Flexibility Act (‘‘RFA’’) also do not apply.7 Further, this rule does not contain any collection of information requirements as defined by the Paperwork Reduction Act of 1995 as amended. 44 U.S.C. 3501 et seq. List of Subjects for 16 CFR Part 1 Administrative practice and procedure, Penalties, Trade practices. Text of Amendments For the reasons set forth in the preamble, the Federal Trade Commission amends Title 16, chapter I, subchapter A, of the Code of Federal Regulations, as follows: PART 1—GENERAL PROCEDURES 1. The authority citation for subpart L continues to read as follows: ■ Authority: 28 U.S.C. 2461 note. ■ 2. Revise § 1.98 to read as follows: sradovich on DSK3GMQ082PROD with RULES § 1.98 Adjustment of civil monetary penalty amounts. This section makes inflation adjustments in the dollar amounts of 6 28 U.S.C. 2461 note (6). 7 A regulatory flexibility analysis under the RFA is required only when an agency must publish a notice of proposed rulemaking for comment. See 5 U.S.C. 603. VerDate Sep<11>2014 17:47 Jan 23, 2017 Jkt 241001 civil monetary penalties provided by law within the Commission’s jurisdiction. The following civil penalty amounts apply to violations occurring after January 24, 2017. (a) Section 7A(g)(1) of the Clayton Act, 15 U.S.C. 18a(g)(1)—$40,654; (b) Section 11(l) of the Clayton Act, 15 U.S.C. 21(l)—$21,598; (c) Section 5(l) of the FTC Act, 15 U.S.C. 45(l)—$40,654; (d) Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. 45(m)(1)(A)—$40,654; (e) Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. 45(m)(1)(B)—$40,654; (f) Section 10 of the FTC Act, 15 U.S.C. 50—$534; (g) Section 5 of the Webb-Pomerene (Export Trade) Act, 15 U.S.C. 65—$534; (h) Section 6(b) of the Wool Products Labeling Act, 15 U.SC. 68d(b)—$534; (i) Section 3(e) of the Fur Products Labeling Act, 15 U.S.C. 69a(e)—$534; (j) Section 8(d)(2) of the Fur Products Labeling Act, 15 U.S.C. 69f(d)(2)—$534; (k) Section 333(a) of the Energy Policy and Conservation Act, 42 U.S.C. 6303(a)—$440; (l) Sections 525(a) and (b) of the Energy Policy and Conservation Act, 42 U.S.C. 6395(a) and (b), respectively— $21,598 and $40,654, respectively; (m) Section 621(a)(2) of the Fair Credit Reporting Act, 15 U.S.C. 1681s(a)(2)—$3,817; (n) Section 1115(a) of the Medicare Prescription Drug Improvement and Modernization Act of 2003, Public Law 108–173, 21 U.S.C. 355 note—$14,373; (o) Section 814(a) of the Energy Independence and Security Act of 2007, 42 U.S.C. 17304—$1,156,953; and (p) Civil monetary penalties authorized by reference to the Federal Trade Commission Act under any other provision of law within the jurisdiction of the Commission—refer to the amounts set forth in paragraphs (c) through (f) of this section, as applicable. By direction of the Commission. Donald S. Clark, Secretary. Adjustment multiplier 3,756 14,142 1,138,330 1.01636 1.01636 1.01636 Adjusted penalty 3,817 14,373 1,156,953 DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Parts 250 and 385 [Docket No. RM17–9–000; Order No. 834] Civil Monetary Penalty Inflation Adjustments Federal Energy Regulatory Commission, Department of Energy. ACTION: Final rule. AGENCY: The Federal Energy Regulatory Commission (Commission) is issuing a final rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules, and orders within the Commission’s jurisdiction. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended most recently by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires the Commission to issue this final rule. DATES: This final rule is effective January 24, 2017. FOR FURTHER INFORMATION CONTACT: Todd Hettenbach, Attorney, Office of Enforcement, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502–8794, Todd.Hettenbach@ferc.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Order No. 834 Final Rule (Issued January 9, 2017) 1. In this final rule, the Federal Energy Regulatory Commission (Commission) is complying with its statutory obligation to amend the civil monetary penalties provided by law for matters within the agency’s jurisdiction. I. Background 2. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Adjustment Act),1 which further amended the Federal Civil Penalties Inflation Adjustment Act [FR Doc. 2017–01125 Filed 1–23–17; 8:45 am] 1 Sec. BILLING CODE 6750–01–P PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\24JAR1.SGM 701, Public Law 114–74, 129 Stat. 584, 599. 24JAR1 8138 Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Rules and Regulations of 1990 (1990 Adjustment Act),2 required the head of each federal agency to issue a rule by July 2016 adjusting for inflation each ‘‘civil monetary penalty’’ provided by law within the agency’s jurisdiction and to make further inflation adjustments on an annual basis every January 15 thereafter.3 II. Discussion 3. The 2015 Adjustment Act defines a civil monetary penalty as any penalty, fine, or other sanction that: (A)(i) Is for a specific monetary amount as provided by federal law or (ii) has a maximum amount provided for by federal law; (B) is assessed or enforced by an agency pursuant to federal law; and (C) is assessed or enforced pursuant to an administrative proceeding or a civil action in the federal courts.4 This definition applies to the maximum civil penalties that may be imposed under the Federal Power Act (FPA),5 the Natural Gas Act (NGA),6 the Natural Gas Policy Act of 1978 (NGPA),7 and the Interstate Commerce Act (ICA).8 4. Under the 2015 Adjustment Act, the first step for such adjustment of a civil monetary penalty for inflation requires determining the percentage by which the U.S. Department of Labor’s Consumer Price Index for all-urban consumers (CPI–U) for October of the preceding year exceeds the CPI–U for October of the year before that.9 The CPI–U for October 2016 exceeded the CPI–U for October 2015 by 1.636 percent.10 5. The second step requires multiplying the CPI–U percentage increase by the applicable existing maximum civil monetary penalty.11 This step results in a base penalty increase amount. 6. The third step requires rounding the base penalty increase amount to the nearest dollar and adding that amount to the base penalty to calculate the new adjusted maximum civil monetary penalty.12 7. Under the 2015 Adjustment Act, an agency is directed to use the maximum civil monetary penalty applicable at the time of assessment of a civil penalty, regardless of the date on which the violation occurred.13 8. The adjustments that the Commission is required to make pursuant to the 2015 Adjustment Act are reflected in the following table: New adjusted maximum civil monetary penalty Source Existing maximum civil monetary penalty 16 U.S.C. 825o–1(b), Sec. 316A of the Federal Power Act. 16 U.S.C. 823b(c), ............................................. Sec. 31(c) of the Federal Power Act .................. 16 U.S.C. 825n(a), ............................................. Sec. 315(a) of the Federal Power Act ............... 15 U.S.C. 717t-1, ............................................... Sec. 22 of the Natural Gas Act .......................... 15 U.S.C. 3414(b)(6)(A)(i), Sec. 504(b)(6)(A)(i) of the Natural Gas Policy Act of 1978. 49 App. U.S.C. 6(10) (1988), Sec. 6(10) of the Interstate Commerce Act. 49 App. U.S.C. 16(8) (1988), Sec. 16(8) of the Interstate Commerce Act. 49 App. U.S.C. 19a(k) (1988), Sec. 19a(k) of the Interstate Commerce Act. 49 App. U.S.C. 20(7)(a) (1988), Sec. 20(7)(a) of the Interstate Commerce Act. $1,193,970 per violation, per day .................... $1,213,503 per violation, per day. $21,563 per violation, per day ......................... $21,916 per violation, per day. $2,750 per violation ......................................... $2,795 per violation. $1,193,970 per violation, per day .................... $1,193,970 per violation, per day .................... $1,213,503 per violation, per day. $1,213,503 per violation, per day. $1,250 per offense and $62.50 per day after the first day. $12,500 per violation, per day ......................... $1,270 per offense and $64 per day after the first day. $12,705 per violation, per day. $1,250 per offense, per day ............................ $1,270 per offense, per day. $1,250 per offense, per day ............................ $1,270 per offense, per day. III. Administrative Findings sradovich on DSK3GMQ082PROD with RULES 9. Congress directed that agencies issue final rules to adjust their maximum civil monetary penalties notwithstanding the requirements of the Administrative Procedure Act (APA).14 Because the Commission is required by law to undertake these inflation adjustments notwithstanding the notice and comment requirements that otherwise would apply pursuant to the APA, and because the Commission lacks discretion with respect to the method and amount of the adjustments, prior notice and comment would be 2 Public Law 101–410, 104 Stat. 890 (codified as amended at 28 U.S.C. 2461 note). 3 28 U.S.C. 2461 note, at (4). The Commission made its July 2016 adjustment in Docket No. RM16– 16–000. See Civil Monetary Penalty Inflation Adjustments, Order No. 826, 81 FR 43937 (July 6, 2016), FERC Stats. & Regs. ¶ 31,386 (2016). 4 Id. (3). 5 16 U.S.C. 791a et seq. VerDate Sep<11>2014 17:47 Jan 23, 2017 Jkt 241001 impractical, unnecessary, and contrary to the public interest. 10. The citation of authority for part 385 is also revised to make a technical correction. Regulatory Flexibility Act do not apply to this rulemaking because the Commission is issuing this final rule without notice and comment. IV. Regulatory Flexibility Statement 12. This rule does not require the collection of information. The Commission is therefore not required to submit this rule for review to the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995.17 11. The Regulatory Flexibility Act, as amended, requires agencies to certify that rules promulgated under their authority will not have a significant economic impact on a substantial number of small businesses.15 The requirements of the Regulatory Flexibility Act apply only to rules promulgated following notice and comment.16 The requirements of the U.S.C. 717 et seq. U.S.C. 3301 et seq. 8 49 App. U.S.C. 1 et seq. (1988). 9 28 U.S.C. 2461 note, at (5)(b)(1). 10 See, e.g., Memorandum from Shaun Donovan, Office of Management and Budget, Implementation of the 2017 Annual Adjustment Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 1 (Dec. 16, 2016). V. Paperwork Reduction Act VI. Document Availability 13. In addition to publishing the full text of this document in the Federal Register, the Commission provides all 6 15 11 Id. 7 15 12 Id. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 (5)(a). 13 Id. (6). (3)(b)(2). 15 5 U.S.C. 601 et seq. 16 5 U.S.C. 603, 604. 17 44 U.S.C. 3507(d). 14 Id. E:\FR\FM\24JAR1.SGM 24JAR1 Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Rules and Regulations interested persons an opportunity to view and print the contents of this document via the Internet through the Commission’s Home Page (https:// www.ferc.gov) and in the Commission’s Public Reference Room during normal business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC 20426. 14. From the Commission’s Home Page on the Internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and downloading. To access this document in eLibrary, type the docket number (excluding the last three digits) in the docket number field. 15. User assistance is available for eLibrary and the Commission’s Web site during normal business hours from the Commission’s Online Support at 202– 502–6652 (toll free at 1–866–208–3676) or email at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502–8371, TTY (202) 502–8659, public.referenceroom@ferc.gov. VII. Effective Date and Congressional Notification 16. For the same reasons the Commission has determined that public notice and comment are unnecessary, impractical, and contrary to the public interest, the Commission finds good cause to adopt an effective date that is less than 30 days after the date of publication in the Federal Register pursuant to the Administrative Procedure Act,18 and therefore, the regulation is effective upon publication in the Federal Register. 17. The Commission has determined, with the concurrence of the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, that this rule is not a ‘‘major rule’’ as defined in section 351 of the Small Business Regulatory Enforcement Fairness Act of 1996. This Final Rule is being submitted to the Senate, House, and Government Accountability Office. List of Subjects 18 CFR Part 250 Natural Gas and Reporting and recordkeeping requirements. sradovich on DSK3GMQ082PROD with RULES 18 CFR Part 385 Administrative practice and procedure, Electric power, Penalties, Pipelines, Reporting and recordkeeping requirements. By the Commission. 18 5 U.S.C. 553(d)(3). VerDate Sep<11>2014 17:47 Jan 23, 2017 Jkt 241001 Issued: January 9, 2017. Kimberly D. Bose, Secretary. 8139 § 250.16 Format of compliance plan transportation services and affiliate transactions. (b) 16 U.S.C. 823b(c), Federal Power Act: $21,916 per day. (c) 16 U.S.C. 825n(a), Federal Power Act: $2,795. (d) 16 U.S.C. 825o–1(b), Federal Power Act: $1,213,503 per day. (e) 15 U.S.C. 717t–1, Natural Gas Act: $1,213,503 per day. (f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,270 per offense and $64 per day after the first day. (g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $12,705 per day. (h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,270 per day. (i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,270 per day. * [FR Doc. 2017–00567 Filed 1–23–17; 8:45 am] In consideration of the foregoing, the Commission amends parts 250 and 385, Chapter I, Title 18, Code of Federal Regulations as follows: PART 250—FORMS 1. The authority citation for part 250 continues to read as follows: ■ Authority: 15 U.S.C. 717–717w, 3301– 3432; 42 U.S.C. 7101–7352; 28 U.S.C. 2461 note. 2. Amend § 250.16 by revising paragraph (e)(1) to read as follows: ■ * * * * (e) Penalty for failure to comply. (1) Any person who transports gas for others pursuant to Subparts B or G of Part 284 of this chapter and who knowingly violates the requirements of §§ 358.4 and 358.5, § 250.16, or § 284.13 of this chapter will be subject, pursuant to sections 311(c), 501, and 504(b)(6) of the Natural Gas Policy Act of 1978, to a civil penalty, which the Commission may assess, of not more than $1,213,503 for any one violation. * * * * * PART 385—RULES OF PRACTICE AND PROCEDURE 3. The authority citation for part 385 is revised to read as follows: ■ Authority: 5 U.S.C. 551–557; 15 U.S.C. 717–717w, 3301–3432; 16 U.S.C. 791a–825v, 2601–2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42 U.S.C. 7101–7352, 16441, 16451– 16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note (2015). 4. Revise § 385.1504(a) to read as follows: ■ § 385.1504 1504). Maximum civil penalty (Rule (a) Except as provided in paragraph (b) of this section, the Commission may assess a civil penalty of up to $21,916 for each day that the violation continues. * * * * * ■ 5. Revise § 385.1602 to read as follows: § 385.1602 Civil penalties, as adjusted (Rule 1602). The current inflation-adjusted civil monetary penalties provided by law within the jurisdiction of the Commission are: (a) 15 U.S.C. 3414(b)(6)(A)(i), Natural Gas Policy Act of 1978: $1,213,503. PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 BILLING CODE 6717–01–P DEPARTMENT OF THE INTERIOR National Indian Gaming Commission 25 CFR Part 515 RIN 3141–AA65 Privacy Act Procedures National Indian Gaming Commission, Department of the Interior. ACTION: Final rule. AGENCY: The National Indian Gaming Commission (NIGC or the Commission) is establishing this rule in Chapter III of title 25 of the Code of Federal Regulations. This rule describes the procedures and policies adopted by the Commission pursuant to the Privacy Act of 1974. Under the Act, a Federal agency must publish notice, in the Federal Register, of any systems of records that it intends to create as well as procedures regarding the collection, maintenance, use, and dissemination of the records within those systems. The Commission previously published notice of the creation of two systems of records, namely the Indian Gaming Individuals Record System and the Management Contract Individuals Record System. The regulations set forth here update the Commission’s previously published procedures and serve to streamline how the Commission processes its Privacy Act requests. DATES: Effective January 24, 2017. FOR FURTHER INFORMATION CONTACT: Andrew Mendoza, Staff Attorney, at (202) 632–7003 or by fax (202) 632–7066 (these numbers are not toll free). SUPPLEMENTARY INFORMATION: The Indian Gaming Regulatory Act (IGRA), SUMMARY: E:\FR\FM\24JAR1.SGM 24JAR1

Agencies

[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Rules and Regulations]
[Pages 8137-8139]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-00567]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 250 and 385

[Docket No. RM17-9-000; Order No. 834]


Civil Monetary Penalty Inflation Adjustments

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule.

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SUMMARY: The Federal Energy Regulatory Commission (Commission) is 
issuing a final rule to amend its regulations governing the maximum 
civil monetary penalties assessable for violations of statutes, rules, 
and orders within the Commission's jurisdiction. The Federal Civil 
Penalties Inflation Adjustment Act of 1990, as amended most recently by 
the Federal Civil Penalties Inflation Adjustment Act Improvements Act 
of 2015, requires the Commission to issue this final rule.

DATES: This final rule is effective January 24, 2017.

FOR FURTHER INFORMATION CONTACT: Todd Hettenbach, Attorney, Office of 
Enforcement, Federal Energy Regulatory Commission, 888 First Street 
NE., Washington, DC 20426, (202) 502-8794, Todd.Hettenbach@ferc.gov.

SUPPLEMENTARY INFORMATION: 

Order No. 834

Final Rule

(Issued January 9, 2017)

    1. In this final rule, the Federal Energy Regulatory Commission 
(Commission) is complying with its statutory obligation to amend the 
civil monetary penalties provided by law for matters within the 
agency's jurisdiction.

I. Background

    2. The Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (2015 Adjustment Act),\1\ which further 
amended the Federal Civil Penalties Inflation Adjustment Act

[[Page 8138]]

of 1990 (1990 Adjustment Act),\2\ required the head of each federal 
agency to issue a rule by July 2016 adjusting for inflation each 
``civil monetary penalty'' provided by law within the agency's 
jurisdiction and to make further inflation adjustments on an annual 
basis every January 15 thereafter.\3\
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    \1\ Sec. 701, Public Law 114-74, 129 Stat. 584, 599.
    \2\ Public Law 101-410, 104 Stat. 890 (codified as amended at 28 
U.S.C. 2461 note).
    \3\ 28 U.S.C. 2461 note, at (4). The Commission made its July 
2016 adjustment in Docket No. RM16-16-000. See Civil Monetary 
Penalty Inflation Adjustments, Order No. 826, 81 FR 43937 (July 6, 
2016), FERC Stats. & Regs. ] 31,386 (2016).
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II. Discussion

    3. The 2015 Adjustment Act defines a civil monetary penalty as any 
penalty, fine, or other sanction that: (A)(i) Is for a specific 
monetary amount as provided by federal law or (ii) has a maximum amount 
provided for by federal law; (B) is assessed or enforced by an agency 
pursuant to federal law; and (C) is assessed or enforced pursuant to an 
administrative proceeding or a civil action in the federal courts.\4\ 
This definition applies to the maximum civil penalties that may be 
imposed under the Federal Power Act (FPA),\5\ the Natural Gas Act 
(NGA),\6\ the Natural Gas Policy Act of 1978 (NGPA),\7\ and the 
Interstate Commerce Act (ICA).\8\
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    \4\ Id. (3).
    \5\ 16 U.S.C. 791a et seq.
    \6\ 15 U.S.C. 717 et seq.
    \7\ 15 U.S.C. 3301 et seq.
    \8\ 49 App. U.S.C. 1 et seq. (1988).
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    4. Under the 2015 Adjustment Act, the first step for such 
adjustment of a civil monetary penalty for inflation requires 
determining the percentage by which the U.S. Department of Labor's 
Consumer Price Index for all-urban consumers (CPI-U) for October of the 
preceding year exceeds the CPI-U for October of the year before 
that.\9\ The CPI-U for October 2016 exceeded the CPI-U for October 2015 
by 1.636 percent.\10\
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    \9\ 28 U.S.C. 2461 note, at (5)(b)(1).
    \10\ See, e.g., Memorandum from Shaun Donovan, Office of 
Management and Budget, Implementation of the 2017 Annual Adjustment 
Pursuant to the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015, 1 (Dec. 16, 2016).
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    5. The second step requires multiplying the CPI-U percentage 
increase by the applicable existing maximum civil monetary penalty.\11\ 
This step results in a base penalty increase amount.
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    \11\ Id. (5)(a).
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    6. The third step requires rounding the base penalty increase 
amount to the nearest dollar and adding that amount to the base penalty 
to calculate the new adjusted maximum civil monetary penalty.\12\
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    \12\ Id.
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    7. Under the 2015 Adjustment Act, an agency is directed to use the 
maximum civil monetary penalty applicable at the time of assessment of 
a civil penalty, regardless of the date on which the violation 
occurred.\13\
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    \13\ Id. (6).
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    8. The adjustments that the Commission is required to make pursuant 
to the 2015 Adjustment Act are reflected in the following table:

------------------------------------------------------------------------
                                Existing maximum    New adjusted maximum
           Source                civil monetary        civil monetary
                                     penalty               penalty
------------------------------------------------------------------------
16 U.S.C. 825o-1(b), Sec.     $1,193,970 per        $1,213,503 per
 316A of the Federal Power     violation, per day.   violation, per day.
 Act.
16 U.S.C. 823b(c),..........  $21,563 per           $21,916 per
Sec. 31(c) of the Federal      violation, per day.   violation, per day.
 Power Act.
16 U.S.C. 825n(a),..........  $2,750 per violation  $2,795 per
Sec. 315(a) of the Federal                           violation.
 Power Act.
15 U.S.C. 717t-1,...........  $1,193,970 per        $1,213,503
Sec. 22 of the Natural Gas     violation, per day.  per violation, per
 Act.                                                day.
15 U.S.C. 3414(b)(6)(A)(i),   $1,193,970 per        $1,213,503 per
 Sec. 504(b)(6)(A)(i) of the   violation, per day.   violation, per day.
 Natural Gas Policy Act of
 1978.
49 App. U.S.C. 6(10) (1988),  $1,250 per offense    $1,270 per offense
 Sec. 6(10) of the             and $62.50 per day    and $64 per day
 Interstate Commerce Act.      after the first day.  after the first
                                                     day.
49 App. U.S.C. 16(8) (1988),  $12,500 per           $12,705 per
 Sec. 16(8) of the             violation, per day.   violation, per day.
 Interstate Commerce Act.
49 App. U.S.C. 19a(k)         $1,250 per offense,   $1,270 per offense,
 (1988), Sec. 19a(k) of the    per day.              per day.
 Interstate Commerce Act.
49 App. U.S.C. 20(7)(a)       $1,250 per offense,   $1,270 per offense,
 (1988), Sec. 20(7)(a) of      per day.              per day.
 the Interstate Commerce Act.
------------------------------------------------------------------------

III. Administrative Findings

    9. Congress directed that agencies issue final rules to adjust 
their maximum civil monetary penalties notwithstanding the requirements 
of the Administrative Procedure Act (APA).\14\ Because the Commission 
is required by law to undertake these inflation adjustments 
notwithstanding the notice and comment requirements that otherwise 
would apply pursuant to the APA, and because the Commission lacks 
discretion with respect to the method and amount of the adjustments, 
prior notice and comment would be impractical, unnecessary, and 
contrary to the public interest.
---------------------------------------------------------------------------

    \14\ Id. (3)(b)(2).
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    10. The citation of authority for part 385 is also revised to make 
a technical correction.

IV. Regulatory Flexibility Statement

    11. The Regulatory Flexibility Act, as amended, requires agencies 
to certify that rules promulgated under their authority will not have a 
significant economic impact on a substantial number of small 
businesses.\15\ The requirements of the Regulatory Flexibility Act 
apply only to rules promulgated following notice and comment.\16\ The 
requirements of the Regulatory Flexibility Act do not apply to this 
rulemaking because the Commission is issuing this final rule without 
notice and comment.
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    \15\ 5 U.S.C. 601 et seq.
    \16\ 5 U.S.C. 603, 604.
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V. Paperwork Reduction Act

    12. This rule does not require the collection of information. The 
Commission is therefore not required to submit this rule for review to 
the Office of Management and Budget pursuant to the Paperwork Reduction 
Act of 1995.\17\
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    \17\ 44 U.S.C. 3507(d).
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VI. Document Availability

    13. In addition to publishing the full text of this document in the 
Federal Register, the Commission provides all

[[Page 8139]]

interested persons an opportunity to view and print the contents of 
this document via the Internet through the Commission's Home Page 
(https://www.ferc.gov) and in the Commission's Public Reference Room 
during normal business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 
888 First Street NE., Room 2A, Washington, DC 20426.
    14. From the Commission's Home Page on the Internet, this 
information is available on eLibrary. The full text of this document is 
available on eLibrary in PDF and Microsoft Word format for viewing, 
printing, and downloading. To access this document in eLibrary, type 
the docket number (excluding the last three digits) in the docket 
number field.
    15. User assistance is available for eLibrary and the Commission's 
Web site during normal business hours from the Commission's Online 
Support at 202-502-6652 (toll free at 1-866-208-3676) or email at 
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659, public.referenceroom@ferc.gov.

VII. Effective Date and Congressional Notification

    16. For the same reasons the Commission has determined that public 
notice and comment are unnecessary, impractical, and contrary to the 
public interest, the Commission finds good cause to adopt an effective 
date that is less than 30 days after the date of publication in the 
Federal Register pursuant to the Administrative Procedure Act,\18\ and 
therefore, the regulation is effective upon publication in the Federal 
Register.
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    \18\ 5 U.S.C. 553(d)(3).
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    17. The Commission has determined, with the concurrence of the 
Administrator of the Office of Information and Regulatory Affairs of 
the Office of Management and Budget, that this rule is not a ``major 
rule'' as defined in section 351 of the Small Business Regulatory 
Enforcement Fairness Act of 1996. This Final Rule is being submitted to 
the Senate, House, and Government Accountability Office.

List of Subjects

18 CFR Part 250

    Natural Gas and Reporting and recordkeeping requirements.

18 CFR Part 385

    Administrative practice and procedure, Electric power, Penalties, 
Pipelines, Reporting and recordkeeping requirements.

    By the Commission.

    Issued: January 9, 2017.
Kimberly D. Bose,
Secretary.
    In consideration of the foregoing, the Commission amends parts 250 
and 385, Chapter I, Title 18, Code of Federal Regulations as follows:

PART 250--FORMS

0
1. The authority citation for part 250 continues to read as follows:

    Authority:  15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352; 
28 U.S.C. 2461 note.


0
2. Amend Sec.  250.16 by revising paragraph (e)(1) to read as follows:


Sec.  250.16  Format of compliance plan transportation services and 
affiliate transactions.

* * * * *
    (e) Penalty for failure to comply. (1) Any person who transports 
gas for others pursuant to Subparts B or G of Part 284 of this chapter 
and who knowingly violates the requirements of Sec. Sec.  358.4 and 
358.5, Sec.  250.16, or Sec.  284.13 of this chapter will be subject, 
pursuant to sections 311(c), 501, and 504(b)(6) of the Natural Gas 
Policy Act of 1978, to a civil penalty, which the Commission may 
assess, of not more than $1,213,503 for any one violation.
* * * * *

PART 385--RULES OF PRACTICE AND PROCEDURE

0
3. The authority citation for part 385 is revised to read as follows:

    Authority:  5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42 
U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. 
U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note 
(2015).


0
4. Revise Sec.  385.1504(a) to read as follows:


Sec.  385.1504  Maximum civil penalty (Rule 1504).

    (a) Except as provided in paragraph (b) of this section, the 
Commission may assess a civil penalty of up to $21,916 for each day 
that the violation continues.
* * * * *

0
5. Revise Sec.  385.1602 to read as follows:


Sec.  385.1602  Civil penalties, as adjusted (Rule 1602).

    The current inflation-adjusted civil monetary penalties provided by 
law within the jurisdiction of the Commission are:
    (a) 15 U.S.C. 3414(b)(6)(A)(i), Natural Gas Policy Act of 1978: 
$1,213,503.
    (b) 16 U.S.C. 823b(c), Federal Power Act: $21,916 per day.
    (c) 16 U.S.C. 825n(a), Federal Power Act: $2,795.
    (d) 16 U.S.C. 825o-1(b), Federal Power Act: $1,213,503 per day.
    (e) 15 U.S.C. 717t-1, Natural Gas Act: $1,213,503 per day.
    (f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,270 
per offense and $64 per day after the first day.
    (g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $12,705 
per day.
    (h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,270 
per day.
    (i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,270 
per day.

[FR Doc. 2017-00567 Filed 1-23-17; 8:45 am]
 BILLING CODE 6717-01-P

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