Adjustments to Civil Penalty Amounts, 8135-8137 [2017-01125]
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Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Rules and Regulations
the Administrative Procedure Act, 5
U.S.C 553(b), to publish a general notice
of proposed rulemaking. 5 U.S.C. 604.
As discussed in this notice under
Section III, ‘‘Rulemaking Procedure,’’
the NRC has determined that this final
rule is exempt from the requirements of
5 U.S.C. 553(b) and that notice and
comment need not be provided.
Accordingly, the NRC also determines
that the requirements of the Regulatory
Flexibility Act do not apply to this final
rule.
VII. Backfitting and Issue Finality
The NRC has not prepared a backfit
analysis for this final rule. This final
rule does not involve any provision that
would impose a backfit, nor is it
inconsistent with any issue finality
provision, as those terms are defined in
10 CFR chapter I. As mandated by
Congress, this final rule adjusts CMP
amounts for violations of alreadyexisting NRC regulations and
requirements. This final rule does not
modify any licensee system, structures,
components, designs, approvals, or
procedures required for the construction
or operation of any facility.
VIII. Plain Writing
The Plain Writing Act of 2010 (Pub.
L. 111–274) requires Federal agencies to
write documents in a clear, concise, and
well-organized manner. The NRC has
written this document to be consistent
with the Plain Writing Act as well as the
Presidential Memorandum, ‘‘Plain
Language in Government Writing,’’
published June 10, 1998 (63 FR 31883).
IX. National Environmental Policy Act
The NRC has determined that this
final rule is the type of action described
as a categorical exclusion in 10 CFR
51.22(c)(1). Therefore, neither an
environmental impact statement nor an
environmental assessment has been
prepared for this final rule.
sradovich on DSK3GMQ082PROD with RULES
This final rule does not contain a
collection of information as defined in
the Paperwork Reduction Act of 1995
(44 U.S.C. 3501 et seq.) and, therefore,
is not subject to the requirements of the
Paperwork Reduction Act of 1995.
XI. Congressional Review Act
This final rule is a rule as defined in
the Congressional Review Act (5 U.S.C.
801–808). However, the Office of
Management and Budget has not found
it to be a major rule as defined in the
Congressional Review Act.
17:47 Jan 23, 2017
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PART 13—PROGRAM FRAUD CIVIL
REMEDIES
10 CFR Part 2
Administrative practice and
procedure, Antitrust, Byproduct
material, Classified information,
Confidential business information,
Freedom of information, Environmental
protection, Hazardous waste, Nuclear
energy, Nuclear materials, Nuclear
power plants and reactors, Penalties,
Reporting and recordkeeping
requirements, Sex discrimination,
Source material, Special nuclear
material, Waste treatment and disposal.
10 CFR Part 13
Administrative practice and
procedure, Claims, Fraud, Organization
and function (government agencies),
Penalties.
For the reasons set out in the
preamble and under the authority of the
Atomic Energy Act of 1954, as amended;
the Energy Reorganization Act of 1974,
as amended; 28 U.S.C. 2461 note; and 5
U.S.C. 552 and 553, the NRC is adopting
the following amendments to 10 CFR
parts 2 and 13.
PART 2—AGENCY RULES OF
PRACTICE AND PROCEDURE
1. The authority citation for part 2
continues to read as follows:
■
Authority: Atomic Energy Act of 1954,
secs. 29, 53, 62, 63, 81, 102, 103, 104, 105,
161, 181, 182, 183, 184, 186, 189, 191, 234
(42 U.S.C. 2039, 2073, 2092, 2093, 2111,
2132, 2133, 2134, 2135, 2201, 2231, 2232,
2233, 2234, 2236, 2239, 2241, 2282); Energy
Reorganization Act of 1974, secs. 201, 206
(42 U.S.C. 5841, 5846); Nuclear Waste Policy
Act of 1982, secs. 114(f), 134, 135, 141 (42
U.S.C. 10134(f), 10154, 10155, 10161);
Administrative Procedure Act (5 U.S.C. 552,
553, 554, 557, 558); National Environmental
Policy Act of 1969 (42 U.S.C. 4332); 44 U.S.C.
3504 note.
Section 2.205(j) also issued under 28
U.S.C. 2461 note.
3. The authority citation for part 13
continues to read as follows:
■
Authority: 31 U.S.C. 3801 through 3812;
44 U.S.C. 3504 note. Section 13.3 also issued
under 28 U.S.C. 2461 note. Section 13.13 also
issued under 31 U.S.C. 3730.
4. Amend § 13.3 by revising
paragraphs (a)(1)(iv) and (b)(1)(ii) to
read as follows:
■
§ 13.3 Basis for civil penalties and
assessments.
(a) * * *
(1) * * *
(iv) Is for payment for the provision
of property or services which the person
has not provided as claimed, shall be
subject, in addition to any other remedy
that may be prescribed by law, to a civil
penalty of not more than $10,957 for
each such claim.
*
*
*
*
*
(b) * * *
(1) * * *
(ii) Contains or is accompanied by an
express certification or affirmation of
the truthfulness and accuracy of the
contents of the statement, shall be
subject, in addition to any other remedy
that may be prescribed by law, to a civil
penalty of not more than $10,957 for
each such statement.
*
*
*
*
*
Dated in Rockville, Maryland, this 9th day
of January, 2017.
For the Nuclear Regulatory Commission.
Victor M. McCree,
Executive Director for Operations.
[FR Doc. 2017–01313 Filed 1–23–17; 8:45 am]
BILLING CODE 7590–01–P
FEDERAL TRADE COMMISSION
16 CFR Part 1
2. Amend § 2.205 by revising
paragraph (j) to read as follows:
Adjustments to Civil Penalty Amounts
§ 2.205
X. Paperwork Reduction Statement
VerDate Sep<11>2014
List of Subjects
8135
ACTION:
■
Civil penalties.
*
*
*
*
*
(j) Amount. A civil monetary penalty
imposed under Section 234 of the
Atomic Energy Act of 1954, as amended,
or any other statute within the
jurisdiction of the Commission that
provides for the imposition of a civil
penalty in an amount equal to the
amount set forth in Section 234, may
not exceed $285,057 for each violation.
If any violation is a continuing one,
each day of such violation shall
constitute a separate violation for the
purposes of computing the applicable
civil penalty.
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Federal Trade Commission.
Final rule.
AGENCY:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
is confirming certain amendments made
on an interim final basis to the civil
penalty amounts within its jurisdiction
in June 2016 and implementing further
adjustments to the civil penalty
amounts within its jurisdiction to
account for inflation, as required by law.
DATES: Effective: January 24, 2017.
FOR FURTHER INFORMATION CONTACT:
Kenny A. Wright, Attorney, Office of the
General Counsel, FTC, 600
Pennsylvania Avenue NW., Washington,
SUMMARY:
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Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Rules and Regulations
DC 20580, (202) 326–2907, kwright@
ftc.gov.
SUPPLEMENTARY INFORMATION:
Commission Rule 1.98 sets forth civil
penalty amounts for violations of certain
laws enforced by the Commission.1 As
mandated by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015,2 the Commission adjusted
the maximum civil penalty amounts
under its jurisdiction through an Interim
Final Rulemaking in June 2016.3 This
statutorily mandated ‘‘catch-up’’
adjustment was designed to address
inflation since the civil penalties were
first enacted. This Notice confirms those
amendments and implements additional
inflationary adjustments mandated by
law.
Following the initial catch-up
adjustment, the FCPIAA, as amended,
directs agencies to adjust their civil
penalties for inflation every January
thereafter. Accordingly, the Commission
is increasing these maximum civil
penalty amounts to address inflation
since the initial ‘‘catch-up’’ adjustment.
The following adjusted amounts will
take effect on January 24, 2017:
• Section 7A(g)(1) of the Clayton Act,
15 U.S.C. 18a(g)(1) (premerger filing
notification violations under the HartScott-Rodino Improvements Act)—
Increase from $40,000 to $40,654;
• Section 11(l) of the Clayton Act, 15
U.S.C. 21(l) (violations of cease and
desist orders issued under Clayton Act
section 11(b))—Increase from $21,250 to
$21,598;
• Section 5(l) of the FTC Act, 15
U.S.C. 45(l) (unfair or deceptive acts or
practices)—Increase from $40,000 to
$40,654;
• Section 5(m)(1)(A) of the FTC Act,
15 U.S.C. 45(m)(1)(A) (unfair or
deceptive acts or practices)—Increase
from $40,000 to $40,654;
• Section 5(m)(1)(B) of the FTC Act,
15 U.S.C. 45(m)(1)(B) (unfair or
deceptive acts or practices)—Increase
from $40,000 to $40,654;
• Section 10 of the FTC Act, 15 U.S.C.
50 (failure to file required reports)—
Increase from $525 to $534;
• Section 5 of the Webb-Pomerene
(Export Trade) Act, 15 U.S.C. 65 (failure
by associations engaged solely in export
trade to file required statements)—
Increase from $525 to $534;
• Section 6(b) of the Wool Products
Labeling Act, 15 U.S.C. 68d(b) (failure
by wool manufacturers to maintain
required records)—Increase from $525
to $534;
• Section 3(e) of the Fur Products
Labeling Act, 15 U.S.C. 69a(e) (failure to
maintain required records regarding fur
products)—Increase from $525 to $534;
• Section 8(d)(2) of the Fur Products
Labeling Act, 15 U.S.C. 69f(d)(2) (failure
to maintain required records regarding
fur products)—Increase from $525 to
$534;
• Section 333(a) of the Energy Policy
and Conservation Act, 42 U.S.C. 6303(a)
(knowing violations of EPCA § 332,
including labeling violations)—Increase
from $433 to $440;
• Section 525(a) of the Energy Policy
and Conservation Act, 42 U.S.C. 6395(a)
(recycled oil labeling violations)—
Increase from $21,250 to $21,598;
• Section 525(b) of the Energy Policy
and Conservation Act, 42 U.S.C. 6395(b)
(willful violations of recycled oil
labeling requirements)—Increase from
$40,000 to $40,654;
• Section 621(a)(2) of the Fair Credit
Reporting Act, 15 U.S.C. 1681s(a)(2)
(knowing violations of the Fair Credit
Reporting Act)—Increase from $3,756 to
$3,817;
• Section 1115(a) of the Medicare
Prescription Drug Improvement and
Modernization Act of 2003, Public Law
108–173, 21 U.S.C. 355 note (failure to
comply with filing requirements)—
Increase from $14,142 to $14,373; and
• Section 814(a) of the Energy
Independence and Security Act of 2007,
42 U.S.C. 17304 (violations of
prohibitions on market manipulation
and provision of false information to
federal agencies)—Increase from
$1,138,330 to $1,156,953.
Calculation of Inflation Adjustments
The FCPIAA, as amended, directs
federal agencies to adjust each civil
monetary penalty under their
jurisdiction for inflation no later than
January 15 of every year pursuant to a
cost-of-living adjustment.4 The cost-ofliving adjustment is based on the
percent change between the U.S.
Department of Labor’s Consumer Price
Index for all-urban consumers (‘‘CPI–
U’’) for the month of October preceding
the date of the adjustment, and the CPI–
U for October of the prior year.5 Based
on that formula, the cost-of-living
adjustment multiplier for 2017 is
1.01636. The FCPIAA also directs that
these penalty level adjustments should
be rounded to the nearest dollar.
Agencies do not have discretion over
whether to adjust a maximum civil
penalty, or the method used to
determine the adjustment.
The following chart illustrates the
application of these adjustments to the
civil monetary penalties under the
Commission’s jurisdiction.
CALCULATION OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES
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Citation
16
16
16
16
16
16
16
16
16
16
16
16
16
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
1.98(a): 15 U.S.C. 18a(g)(1) .............
1.98(b): 15 U.S.C. 21(l) .....................
1.98(c): 15 U.S.C. 45(l) .....................
1.98(d): 15 U.S.C. 45(m)(1)(A) .........
1.98(e): 15 U.S.C. 45(m)(1)(B) .........
1.98(f): 15 U.S.C. 50 .........................
1.98(g): 15 U.S.C. 65 ........................
1.98(h): 15 U.S.C. 68d(b) .................
1.98(i): 15 U.S.C. 69a(e) ...................
1.98(j): 15 U.S.C. 69f(d)(2) ...............
1.98(k): 42 U.S.C. 6303(a) ................
1.98(l): 42 U.S.C. 6395(a) .................
1.98(l): 42 U.S.C. 6395(b) .................
1 16
CFR 1.98.
Law 114–74, 701, 129 Stat. 599 (2015).
The Act amends the Federal Civil Penalties
Inflation Adjustment Act (‘‘FCPIAA’’), Public Law
101–410, 104 Stat. 890 (codified at 28 U.S.C. 2461
note).
2 Public
VerDate Sep<11>2014
17:47 Jan 23, 2017
Current
penalty
(2016)
Description
Jkt 241001
Premerger filing notification violations ...........
Violations of cease and desist orders ............
Unfair or deceptive acts or practices .............
Unfair or deceptive acts or practices .............
Unfair or deceptive acts or practices .............
Failure to file required reports ........................
Failure to file required statements .................
Failure to maintain required records ..............
Failure to maintain required records ..............
Failure to maintain required records ..............
Knowing violations .........................................
Recycled oil labeling violations ......................
Willful violations ..............................................
3 81
FR 42476 (June 30, 2016).
U.S.C. 2461 note (4).
5 Id. (3), (5)(b); Office of Management and Budget,
M–17–11, Memorandum for the Heads of Executive
Departments and Agencies, Implementation of the
4 28
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$40,000
21,250
40,000
40,000
40,000
525
525
525
525
525
433
21,250
40,000
Adjustment
multiplier
1.01636
1.01636
1.01636
1.01636
1.01636
1.01636
1.01636
1.01636
1.01636
1.01636
1.01636
1.01636
1.01636
Adjusted
penalty
$40,654
21,958
40,654
40,654
40,654
534
534
534
534
534
440
21,598
40,654
2017 annual adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Dec. 16, 2016), available
at https://www.whitehouse.gov/sites/default/files/
omb/memoranda/2017/m-17-11_0.pdf.
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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
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701, Public Law 114–74, 129 Stat. 584, 599.
24JAR1
]]>Agencies
[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)]
[Rules and Regulations]
[Pages 8135-8137]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01125]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 1
Adjustments to Civil Penalty Amounts
AGENCY: Federal Trade Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is
confirming certain amendments made on an interim final basis to the
civil penalty amounts within its jurisdiction in June 2016 and
implementing further adjustments to the civil penalty amounts within
its jurisdiction to account for inflation, as required by law.
DATES: Effective: January 24, 2017.
FOR FURTHER INFORMATION CONTACT: Kenny A. Wright, Attorney, Office of
the General Counsel, FTC, 600 Pennsylvania Avenue NW., Washington,
[[Page 8136]]
DC 20580, (202) 326-2907, kwright@ftc.gov.
SUPPLEMENTARY INFORMATION: Commission Rule 1.98 sets forth civil
penalty amounts for violations of certain laws enforced by the
Commission.\1\ As mandated by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015,\2\ the Commission adjusted the
maximum civil penalty amounts under its jurisdiction through an Interim
Final Rulemaking in June 2016.\3\ This statutorily mandated ``catch-
up'' adjustment was designed to address inflation since the civil
penalties were first enacted. This Notice confirms those amendments and
implements additional inflationary adjustments mandated by law.
---------------------------------------------------------------------------
\1\ 16 CFR 1.98.
\2\ Public Law 114-74, 701, 129 Stat. 599 (2015). The Act amends
the Federal Civil Penalties Inflation Adjustment Act (``FCPIAA''),
Public Law 101-410, 104 Stat. 890 (codified at 28 U.S.C. 2461 note).
\3\ 81 FR 42476 (June 30, 2016).
---------------------------------------------------------------------------
Following the initial catch-up adjustment, the FCPIAA, as amended,
directs agencies to adjust their civil penalties for inflation every
January thereafter. Accordingly, the Commission is increasing these
maximum civil penalty amounts to address inflation since the initial
``catch-up'' adjustment. The following adjusted amounts will take
effect on January 24, 2017:
Section 7A(g)(1) of the Clayton Act, 15 U.S.C. 18a(g)(1)
(premerger filing notification violations under the Hart-Scott-Rodino
Improvements Act)--Increase from $40,000 to $40,654;
Section 11(l) of the Clayton Act, 15 U.S.C. 21(l)
(violations of cease and desist orders issued under Clayton Act section
11(b))--Increase from $21,250 to $21,598;
Section 5(l) of the FTC Act, 15 U.S.C. 45(l) (unfair or
deceptive acts or practices)--Increase from $40,000 to $40,654;
Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. 45(m)(1)(A)
(unfair or deceptive acts or practices)--Increase from $40,000 to
$40,654;
Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. 45(m)(1)(B)
(unfair or deceptive acts or practices)--Increase from $40,000 to
$40,654;
Section 10 of the FTC Act, 15 U.S.C. 50 (failure to file
required reports)--Increase from $525 to $534;
Section 5 of the Webb-Pomerene (Export Trade) Act, 15
U.S.C. 65 (failure by associations engaged solely in export trade to
file required statements)--Increase from $525 to $534;
Section 6(b) of the Wool Products Labeling Act, 15 U.S.C.
68d(b) (failure by wool manufacturers to maintain required records)--
Increase from $525 to $534;
Section 3(e) of the Fur Products Labeling Act, 15 U.S.C.
69a(e) (failure to maintain required records regarding fur products)--
Increase from $525 to $534;
Section 8(d)(2) of the Fur Products Labeling Act, 15
U.S.C. 69f(d)(2) (failure to maintain required records regarding fur
products)--Increase from $525 to $534;
Section 333(a) of the Energy Policy and Conservation Act,
42 U.S.C. 6303(a) (knowing violations of EPCA Sec. 332, including
labeling violations)--Increase from $433 to $440;
Section 525(a) of the Energy Policy and Conservation Act,
42 U.S.C. 6395(a) (recycled oil labeling violations)--Increase from
$21,250 to $21,598;
Section 525(b) of the Energy Policy and Conservation Act,
42 U.S.C. 6395(b) (willful violations of recycled oil labeling
requirements)--Increase from $40,000 to $40,654;
Section 621(a)(2) of the Fair Credit Reporting Act, 15
U.S.C. 1681s(a)(2) (knowing violations of the Fair Credit Reporting
Act)--Increase from $3,756 to $3,817;
Section 1115(a) of the Medicare Prescription Drug
Improvement and Modernization Act of 2003, Public Law 108-173, 21
U.S.C. 355 note (failure to comply with filing requirements)--Increase
from $14,142 to $14,373; and
Section 814(a) of the Energy Independence and Security Act
of 2007, 42 U.S.C. 17304 (violations of prohibitions on market
manipulation and provision of false information to federal agencies)--
Increase from $1,138,330 to $1,156,953.
Calculation of Inflation Adjustments
The FCPIAA, as amended, directs federal agencies to adjust each
civil monetary penalty under their jurisdiction for inflation no later
than January 15 of every year pursuant to a cost-of-living
adjustment.\4\ The cost-of-living adjustment is based on the percent
change between the U.S. Department of Labor's Consumer Price Index for
all-urban consumers (``CPI-U'') for the month of October preceding the
date of the adjustment, and the CPI-U for October of the prior year.\5\
Based on that formula, the cost-of-living adjustment multiplier for
2017 is 1.01636. The FCPIAA also directs that these penalty level
adjustments should be rounded to the nearest dollar. Agencies do not
have discretion over whether to adjust a maximum civil penalty, or the
method used to determine the adjustment.
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\4\ 28 U.S.C. 2461 note (4).
\5\ Id. (3), (5)(b); Office of Management and Budget, M-17-11,
Memorandum for the Heads of Executive Departments and Agencies,
Implementation of the 2017 annual adjustment pursuant to the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015
(Dec. 16, 2016), available at https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.
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The following chart illustrates the application of these
adjustments to the civil monetary penalties under the Commission's
jurisdiction.
Calculation of Adjustments to Maximum Civil Monetary Penalties
----------------------------------------------------------------------------------------------------------------
Current
Citation Description penalty Adjustment Adjusted
(2016) multiplier penalty
----------------------------------------------------------------------------------------------------------------
16 CFR 1.98(a): 15 U.S.C. 18a(g)(1)... Premerger filing $40,000 1.01636 $40,654
notification violations.
16 CFR 1.98(b): 15 U.S.C. 21(l)....... Violations of cease and 21,250 1.01636 21,958
desist orders.
16 CFR 1.98(c): 15 U.S.C. 45(l)....... Unfair or deceptive acts 40,000 1.01636 40,654
or practices.
16 CFR 1.98(d): 15 U.S.C. 45(m)(1)(A). Unfair or deceptive acts 40,000 1.01636 40,654
or practices.
16 CFR 1.98(e): 15 U.S.C. 45(m)(1)(B). Unfair or deceptive acts 40,000 1.01636 40,654
or practices.
16 CFR 1.98(f): 15 U.S.C. 50.......... Failure to file required 525 1.01636 534
reports.
16 CFR 1.98(g): 15 U.S.C. 65.......... Failure to file required 525 1.01636 534
statements.
16 CFR 1.98(h): 15 U.S.C. 68d(b)...... Failure to maintain 525 1.01636 534
required records.
16 CFR 1.98(i): 15 U.S.C. 69a(e)...... Failure to maintain 525 1.01636 534
required records.
16 CFR 1.98(j): 15 U.S.C. 69f(d)(2)... Failure to maintain 525 1.01636 534
required records.
16 CFR 1.98(k): 42 U.S.C. 6303(a)..... Knowing violations...... 433 1.01636 440
16 CFR 1.98(l): 42 U.S.C. 6395(a)..... Recycled oil labeling 21,250 1.01636 21,598
violations.
16 CFR 1.98(l): 42 U.S.C. 6395(b)..... Willful violations...... 40,000 1.01636 40,654
[[Page 8137]]
16 CFR 1.98(m): 15 U.S.C. 1681s(a)(2). Knowing violations...... 3,756 1.01636 3,817
16 CFR 1.98(n): 21 U.S.C. 355 note.... Non-compliance with 14,142 1.01636 14,373
filing requirements.
16 CFR 1.98(o): 42 U.S.C. 17304....... Market manipulation or 1,138,330 1.01636 1,156,953
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.
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\6\ 28 U.S.C. 2461 note (6).
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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.
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\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.
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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
0
1. The authority citation for subpart L continues to read as follows:
Authority: 28 U.S.C. 2461 note.
0
2. Revise Sec. 1.98 to read as follows:
Sec. 1.98 Adjustment of civil monetary penalty amounts.
This section makes inflation adjustments in the dollar amounts of
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.
[FR Doc. 2017-01125 Filed 1-23-17; 8:45 am]
BILLING CODE 6750-01-P
