Adjustments to Civil Penalty Amounts, 8135-8137 [2017-01125]

Download as PDF 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 Jkt 241001 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. PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 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: E:\FR\FM\24JAR1.SGM 24JAR1 8136 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 sradovich on DSK3GMQ082PROD with RULES 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 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 $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. E:\FR\FM\24JAR1.SGM 24JAR1 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

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]


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FEDERAL TRADE COMMISSION

16 CFR Part 1


Adjustments to Civil Penalty Amounts

AGENCY: Federal Trade Commission.

ACTION: Final rule.

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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.
---------------------------------------------------------------------------

    \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.
---------------------------------------------------------------------------

    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