Civil Monetary Penalties Annual Inflation Adjustments, 8986-8989 [2017-01431]
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of the new Administration. In
implementation of one of the measures
directed by that memorandum, the
United States Department of Energy
(‘‘DOE’’) hereby temporarily postpones
the effective date of its final rule
amending the test procedures for
compressors published in the Federal
Register on January 4, 2017. See 82 FR
1052. The January 4 rule establishes a
new test procedure for certain varieties
of compressors. Consistent with the
memorandum, DOE is temporarily
postponing the effective date of the final
rule by 60 days, starting from January
20, 2017. The temporary 60-day delay in
effective date is necessary to give DOE
officials the opportunity for further
review and consideration of new
regulations, consistent with the Chief of
Staff’s memorandum of January 20,
2017.
To the extent that 5 U.S.C. 553 applies
to this action, it is exempt from notice
and comment because it constitutes a
rule of procedure under 5 U.S.C.
553(b)(A). Alternatively, DOE’s
implementation of this action without
opportunity for public comment,
effective immediately upon publication
in the Federal Register, is based on the
good cause exceptions in 5 U.S.C.
553(b)(B) and 553(d)(3). Pursuant to 5
U.S.C. 553(b)(B), DOE has determined
that good cause exists to forego the
requirement to provide prior notice and
an opportunity for public comment
thereon for this rule as such procedures
would be impracticable, unnecessary
and contrary to the public interest. DOE
is temporarily postponing for 60 days
the effective date of this regulation
pursuant to the previously-noted
memorandum of the Chief of Staff and
is exercising no discretion in
implementing this specific provision of
the memorandum. As a result, seeking
public comment on this delay is
unnecessary and contrary to the public
interest. It is also impracticable given
that the memorandum was issued on
January 20, 2017, and the previous
effective date of the rule at issue was
February 3, 2017. For these same
reasons DOE finds good cause to waive
the 30-day delay in effective date
provided for in 5 U.S.C. 553(d).
Issued in Washington, DC, on January 26,
2017.
John T. Lucas,
Acting General Counsel.
[FR Doc. 2017–02134 Filed 2–1–17; 8:45 am]
BILLING CODE 6450–01–P
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FEDERAL ELECTION COMMISSION
11 CFR Part 111
[Notice 2017–01]
Civil Monetary Penalties Annual
Inflation Adjustments
Federal Election Commission.
Final rules.
AGENCY:
ACTION:
As required by the Federal
Civil Penalties Inflation Adjustment Act
of 1990, the Federal Election
Commission is adjusting for inflation
the civil monetary penalties established
under the Federal Election Campaign
Act, the Presidential Election Campaign
Fund Act, and the Presidential Primary
Matching Payment Account Act. The
civil monetary penalties being adjusted
are those negotiated by the Commission
or imposed by a court for certain
statutory violations, and those imposed
by the Commission for late filing of or
failure to file certain reports required by
the Federal Election Campaign Act. The
adjusted civil monetary penalties are
calculated according to a statutory
formula and the adjusted amounts will
apply to penalties assessed after the
effective date of these rules.
DATES: The final rules are effective on
February 2, 2017.
FOR FURTHER INFORMATION CONTACT: Mr.
Neven F. Stipanovic, Acting Assistant
General Counsel, or Mr. Eugene J.
Lynch, Paralegal, Office of General
Counsel, 999 E Street NW., Washington,
DC 20463, (202) 694–1650 or (800) 424–
9530.
SUPPLEMENTARY INFORMATION: The
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the ‘‘Inflation
Adjustment Act’’),1 as amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (the ‘‘2015 Act’’),2 requires federal
agencies, including the Commission, to
adjust for inflation the civil monetary
penalties within their jurisdiction
according to prescribed formulas. A
civil monetary penalty is ‘‘any penalty,
fine, or other sanction’’ that (1) ‘‘is for
a specific amount’’ or ‘‘has a maximum
amount’’ under federal law; and (2) that
a federal agency assesses or enforces
‘‘pursuant to an administrative
proceeding or a civil action’’ in federal
court.3 Under the Federal Election
SUMMARY:
1 Public Law 101–410, 104 Stat. 890 (codified at
28 U.S.C. 2461 note), amended by Debt Collection
Improvement Act of 1996, Public Law 104–134, sec.
31001(s)(1), 110 Stat. 1321, 1373; Federal Reports
Elimination Act of 1998, Public Law 105–362, sec.
1301, 112 Stat. 3280.
2 Public Law 114–74, section 701, 129 Stat. 584,
599.
3 Inflation Adjustment Act, section 3(2).
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Campaign Act, 52 U.S.C. 30101–46
(‘‘FECA’’), the Commission may seek
and assess civil monetary penalties for
violations of FECA, the Presidential
Election Campaign Fund Act, 26 U.S.C.
9001–13, and the Presidential Primary
Matching Payment Account Act, 26
U.S.C. 9031–42.
As required by the 2015 Act,4 the
Commission recently instituted a onetime ‘‘catch-up’’ inflation adjustment to
its civil monetary penalties. Civil
Monetary Penalties Inflation
Adjustments, 81 FR 41196 (June 24,
2016). Starting in 2017, the Inflation
Adjustment Act requires federal
agencies to adjust their civil penalties
annually, and the adjustments must take
effect no later than January 15 of every
year.5 Pursuant to guidance issued by
the Office of Management and Budget,6
the Commission is now adjusting its
civil monetary penalties for 2017.7
The Commission must adjust for
inflation its civil monetary penalties
‘‘notwithstanding Section 553’’ of the
Administrative Procedures Act
(‘‘APA’’).8 Thus, the APA’s notice-andcomment and delayed effective date
requirements in 5 U.S.C. 553(b)–(d) do
not apply because Congress has
specifically exempted agencies from
these requirements.9
Furthermore, because the inflation
adjustments made through these final
rules are required by Congress and
involve no Commission discretion or
policy judgments, these rules do not
need to be submitted to the Speaker of
the House of Representatives or the
President of the Senate under the
Congressional Review Act, 5 U.S.C. 801
et seq. Moreover, because the APA’s
notice-and-comment procedures do not
apply to these final rules, the
Commission is not required to conduct
a regulatory flexibility analysis under 5
U.S.C. 603 or 604. See 5 U.S.C. 601(2),
604(a). Nor is the Commission required
to submit these revisions for
congressional review under FECA. See 5
U.S.C. 30111(d)(1), (4) (providing for
4 Inflation
Adjustment Act, section 4(b)(1).
Adjustment Act, section 4(a).
6 See Inflation Adjustment Act section 7(a)
(requiring OMB to ‘‘issue guidance to agencies on
implementing the inflation adjustments required
under this Act’’); see also Memorandum from
Shaun Donovan, Director, Office of Management
and Budget, to Heads of Executive Departments and
Agencies, M–17–11 (Dec. 16, 2016), https://
www.whitehouse.gov/sites/default/files/omb/
memoranda/2016/m-16-06.pdf (‘‘OMB
Memorandum’’).
7 Inflation Adjustment Act, section 5.
8 Inflation Adjustment Act, section 4(b)(2).
9 See, e.g., Asiana Airlines v. FAA, 134 F.3d 393,
396–99 (D.C. Cir. 1998) (finding APA ‘‘notice and
comment’’ requirement not applicable where
Congress clearly expressed intent to depart from
normal APA procedures).
5 Inflation
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congressional review when Commission
‘‘prescribe[s]’’ a ‘‘rule of law’’).
The new penalty amounts will apply
to civil monetary penalties that are
assessed after the date the increase takes
effect, even if the associated violation
predated the increase.10
Explanation and Justification
As amended by the 2015 Act, the
Inflation Adjustment Act requires the
Commission to annually adjust its civil
monetary penalties for inflation by
applying a cost-of-living-adjustment
(‘‘COLA’’) ratio.11 The COLA ratio is the
percentage that the Consumer Price
Index (‘‘CPI’’) 12 ‘‘for the month of
October preceding the date of the
adjustment’’ exceeds the CPI for October
of the previous year.13 To calculate the
adjusted penalty, the Commission must
increase the most recent civil monetary
penalty amount by the COLA ratio.14
According to the Office of Management
and Budget, the COLA ratio for 2017 is
0.01636, or 1.636%; thus, to calculate
the new penalties, the Commission must
multiply the most recent civil monetary
penalties in force by 1.01636.15
The Commission assesses two types of
civil monetary penalties that must be
adjusted for inflation. First are penalties
that are either negotiated by the
Commission or imposed by a court for
violations of FECA, the Presidential
Election Campaign Fund Act, or the
Presidential Primary Matching Payment
Account Act. These civil monetary
penalties are set forth at 11 CFR 111.24.
Second are the civil monetary penalties
assessed through the Commission’s
Administrative Fines Program for late
filing or non-filing of certain reports
required by FECA. See 52 U.S.C.
30109(a)(4)(C) (authorizing
Administrative Fines Program), 30104(a)
CFR
CFR
CFR
CFR
CFR
FECA establishes the civil monetary
penalties for violations of FECA and the
other statutes within the Commission’s
jurisdiction. See 52 U.S.C. 30109(a)(5),
(6), (12). Commission regulations in 11
CFR 111.24 provide the current
inflation-adjusted amount for each such
civil monetary penalty. To calculate the
adjusted civil monetary penalty, the
Commission multiplies the most recent
penalty amount by the COLA ratio and
rounds that figure to the nearest dollar.
The actual adjustment to each civil
monetary penalty is shown in the chart
below.
111.24(a)(1) ...................................................................................................................
111.24(a)(2)(i) ................................................................................................................
111.24(a)(2)(ii) ...............................................................................................................
111.24(b) ........................................................................................................................
111.24(b) ........................................................................................................................
2. 11 CFR 111.43, 111.44—
Administrative Fines
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1. 11 CFR 111.24—Civil Penalties
Most recent
civil penalty
Section
11
11
11
11
11
(requiring political committee treasurers
to report receipts and disbursements
within certain time periods). The
penalty schedules for these civil
monetary penalties are set out at 11 CFR
111.43 and 111.44.
FECA authorizes the Commission to
assess civil monetary penalties for
violations of the reporting requirements
of 52 U.S.C. 30104(a) according to the
penalty schedules ‘‘established and
published by the Commission.’’ 52
U.S.C. 30109(a)(4)(C)(i). The
Commission has established two such
schedules: The schedule in 11 CFR
111.43(a) applies to reports that are not
election sensitive, and the schedule in
11 CFR 111.43(b) applies to reports that
are election sensitive.16 Each schedule
contains two columns of penalties, one
for late-filed reports and one for nonfiled reports, with penalties based on
the level of financial activity in the
report and, if late-filed, its lateness.17 In
addition, 11 CFR 111.43(c) establishes a
civil monetary penalty for situations in
which a committee fails to file a report
and the Commission cannot calculate
the relevant level of activity. Finally, 11
CFR 111.44 establishes a civil monetary
penalty for failure to file timely reports
of contributions received less than 20
10 Inflation
Adjustment Act, section 6.
COLA ratio must be applied to the most
recent civil monetary penalties, which include the
recent catch-up adjustments. Inflation Adjustment
Act, section 4(a); see also OMB Memorandum at 2.
11 The
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days, but more than 48 hours, before an
election. See 52 U.S.C. 30104(a)(6).
To determine the adjusted civil
monetary penalty amount for each level
of activity, the Commission multiplies
the most recent penalty amount by the
COLA ratio and rounds that figure to the
nearest dollar. The new civil monetary
penalties are shown in the schedules in
the rule text, below.
List of Subjects in 11 CFR Part 111
Administrative practice and
procedures, Elections, Law enforcement,
Penalties.
For the reasons set out in the
preamble, the Federal Election
Commission amends subchapter A of
chapter I of title 11 of the Code of
Federal Regulations as follows:
PART 111—COMPLIANCE
PROCEDURE (52 U.S.C. 30109,
30107(a))
1. The authority citation for part 111
continues to read as follows:
■
COLA
$18,750
40,000
65,593
5,609
14,023
New civil
penalty
1.01636
1.01636
1.01636
1.01636
1.01636
$19,057
40,654
66,666
5,701
14,252
U.S.C. 3701, 3711, 3716–3719, and 3720A, as
amended; 31 CFR parts 285 and 900–904.
§ 111.24
[Amended]
2. In the table below for § 111.24, for
each paragraph indicated in the left
column, remove the number indicated
in the middle column, and add in its
place the number indicated in the right
column.
■
Paragraph
(a)(1) .........
(a)(2)(i) ......
(a)(2)(ii) .....
(b) .............
(b) .............
Remove
Add
$18,750
40,000
65,593
5,609
14,023
$19,057
40,654
66,666
5,701
14,252
3. Section 111.43 is amended by
revising paragraphs (a), (b), and (c) to
read as follows:
■
§ 111.43 What are the schedules of
penalties?
Authority: 52 U.S.C. 30102(i), 30109,
30107(a), 30111(a)(8); 28 U.S.C. 2461 note; 31
(a) The civil money penalty for all
reports that are filed late or not filed,
except election sensitive reports and
pre-election reports under 11 CFR 104.5,
12 The Inflation Adjustment Act, sec. 3, uses the
CPI ‘‘for all-urban consumers published by the
Department of Labor.’’
13 Inflation Adjustment Act, section 5(b)(1).
14 Inflation Adjustment Act, section 5(a), (b)(1).
15 OMB Memorandum at 1.
16 Election sensitive reports are certain reports
due shortly before an election. See 11 CFR
111.43(d)(1).
17 A report is considered to be ‘‘not filed’’ if it is
never filed or is filed more than a certain number
of days after its due date. See 11 CFR 111.43(e).
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shall be calculated in accordance with
the following schedule of penalties:
If the level of activity in the
report was:
And the report was filed late, the civil money penalty is:
Or the report was not filed, the civil money penalty is:
$1–4,999.99 1 .......................
[$33 + ($6 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$65 + ($6 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$139 + ($6 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$277 + ($26 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$417 + ($105 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$556 + ($139 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$833 + ($174 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1112 + ($208 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1389 + ($243 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$2084 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$2779 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$3473 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$4168 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$4862 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$5557 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$6252 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$6946 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
$326 × [1 + (.25 × Number of previous violations)].
$5,000–9,999.99 ..................
$10,000–24,999.99 ..............
$25,000–49,999.99 ..............
$50,000–74,999.99 ..............
$75,000–99,999.99 ..............
$100,000–149,999.99 ..........
$150,000–199,999.99 ..........
$200,000–249,999.99 ..........
$250,000–349,999.99 ..........
$350,000–449,999.99 ..........
$450,000–549,999.99 ..........
$550,000–649,999.99 ..........
$650,000–749,999.99 ..........
$750,000–849,999.99 ..........
$850,000–949,999.99 ..........
$950,000 or over ..................
1 The
$392 × [1 + (.25 × Number of previous violations)].
$654 × [1 + (.25 × Number of previous violations)].
$1176 × [1 + (.25 × Number of previous violations)].
$3751 × [1 + (.25 × Number of previous violations)].
$4862 × [1 + (.25 × Number of previous violations)].
$6252 × [1 + (.25 × Number of previous violations)].
$7641 × [1 + (.25 × Number of previous violations)].
$9030 × [1 + (.25 × Number of previous violations)].
$11,114 × [1 + (.25 × Number of previous violations)].
$12,503 × [1 + (.25 × Number of previous violations)].
$13,197 × [1 + (.25 × Number of previous violations)].
$13,893 × [1 + (.25 × Number of previous violations)].
$14,587 × [1 + (.25 × Number of previous violations)].
$15,282 × [1 + (.25 × Number of previous violations)].
$15,976 × [1 + (.25 × Number of previous violations)].
$16,671 × [1 + (.25 × Number of previous violations)].
civil money penalty for a respondent who does not have any previous violations will not e×ceed the level of activity in the report.
(b) The civil money penalty for
election sensitive reports that are filed
late or not filed shall be calculated in
accordance with the following schedule
of penalties:
If the level of activity in the
report was:
And the report was filed late, the civil money penalty is:
Or the report was not filed, the civil money penalty is:
$1–$4,999.99 1 .....................
[$65 + ($13 × Number of days late)] × [1 + (.25 × Number of previous violations)].
[$131 + ($13 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$196 + ($13 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$417 + ($33 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$625 + ($105 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$833 + ($139 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1250 + ($174 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$1667 + ($208 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$2084 + ($243 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$3126 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$4168 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
[$5210 + ($277 × Number of days late)] × [1 + (.25 ×
Number of previous violations)].
$654 × [1 + (.25 × Number of previous violations)].
$5,000–$9,999.99 ................
$10,000–24,999.99 ..............
$25,000–49,999.99 ..............
$50,000–74,999.99 ..............
$75,000–99,999.99 ..............
$100,000–149,999.99 ..........
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$150,000–199,999.99 ..........
$200,000–249,999.99 ..........
$250,000–349,999.99 ..........
$350,000–449,999.99 ..........
$450,000–549,999.99 ..........
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$784 × [1 + (.25 × Number of previous violations)].
$1176 × [1 + (.25 × Number of previous violations)].
$1829 × [1 + (.25 × Number of previous violations)].
$4168 × [1 + (.25 × Number of previous violations)].
$5557 × [1 + (.25 × Number of previous violations)].
$6946 × [1 + (.25 × Number of previous violations)].
$8335 × [1 + (.25 × Number of previous violations)].
$10,420 × [1 + (.25 × Number of previous violations)].
$12,503 × [1 + (.25 × Number of previous violations)].
$13,893 × [1 + (.25 × Number of previous violations)].
$15,282 × [1 + (.25 × Number of previous violations)].
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8989
If the level of activity in the
report was:
And the report was filed late, the civil money penalty is:
Or the report was not filed, the civil money penalty is:
$550,000–649,999.99 ..........
[$6252 + ($277 × Number of days late)] × [1 +
Number of previous violations)].
[$7293 + ($277 × Number of days late)] × [1 +
Number of previous violations)].
[$8335 + ($277 × Number of days late)] × [1 +
Number of previous violations)].
[$9378 + ($277 × Number of days late)] × [1 +
Number of previous violations)].
[$10,420 + ($277 × Number of days late)] × [1 +
Number of previous violations)].
(.25 ×
$16,671 × [1 + (.25 × Number of previous violations)].
(.25 ×
$18,061 × [1 + (.25 × Number of previous violations)].
(.25 ×
$19,449 × [1 + (.25 × Number of previous violations)].
(.25 ×
$20,838 × [1 + (.25 × Number of previous violations)].
(.25 ×
$22,228 × [1 + (.25 × Number of previous violations)].
$650,000–749,999.99 ..........
$750,000–849,999.99 ..........
$850,000–949,999.99 ..........
$950,000 or over ..................
1 The
civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report.
(c) If the respondent fails to file a
required report and the Commission
cannot calculate the level of activity
under paragraph (d) of this section, then
the civil money penalty shall be $7,641.
*
*
*
*
*
§ 111.44
[Amended]
4. Amend paragraph (a)(1) of § 111.44
by removing ‘‘$137’’ and adding, in its
place, ‘‘$139’’.
■
On behalf of the Commission.
Dated: January 5, 2017.
Matthew S. Petersen,
Commissioner, Federal Election Commission.
[FR Doc. 2017–01431 Filed 2–1–17; 8:45 am]
BILLING CODE 6715–01–P
CONSUMER PRODUCT SAFETY
COMMISSION
[Docket No. CPSC–2017–0010]
16 CFR Parts 1112 and 1250
Safety Standard Mandating ASTM F963
for Toys
Consumer Product Safety
Commission.
ACTION: Direct final rule.
AGENCY:
Section 106 of the Consumer
Product Safety Improvement Act
(CPSIA) made ASTM F963–07e1,
Standard Consumer Safety
Specification for Toy Safety, a
mandatory consumer product safety
standard. That section also provides
procedures for revisions to the standard.
In accordance with these procedures,
the Commission (CPSC or Commission)
recently allowed the update to ASTM
F963, ASTM F963–16, Standard
Consumer Safety Specification for Toy
Safety (ASTM F963–16), to become the
mandatory toy standard. This direct
final rule incorporates by reference
ASTM F963–16 and updates the
existing notice of requirements (NOR)
that provide the criteria and process for
Commission acceptance of accreditation
of third party conformity assessment
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SUMMARY:
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bodies for testing for ASTM F963
pursuant to section 14(a)(3)(B)(vi) of the
Consumer Product Safety Act (CPSA).
DATES: The rule is effective on April 30,
2017, unless we receive significant
adverse comment by March 6, 2017. If
we receive timely significant adverse
comments, we will publish notification
in the Federal Register, withdrawing
this direct final rule before its effective
date. The incorporation by reference of
the publication listed in this rule is
approved by the Director of the Federal
Register as of April 30, 2017.
ADDRESSES: You may submit comments,
identified by Docket No. CPSC–2017–
0010, by any of the following methods:
Submit electronic comments in the
following way:
Federal eRulemaking Portal: https://
www.regulations.gov. Follow the
instructions for submitting comments.
To ensure timely processing of
comments, the Commission is no longer
accepting comments submitted by
electronic mail (email), except through
www.regulations.gov.
Submit written submissions in the
following way:
Mail/Hand delivery/Courier (for
paper, disk, or CD–ROM submissions),
preferably in five copies, to: Office of the
Secretary, Consumer Product Safety
Commission, Room 820, 4330 East-West
Highway, Bethesda, MD 20814;
telephone (301) 504–7923.
Instructions: All submissions received
must include the agency name and
docket number for this notice. All
comments received may be posted
without change, including any personal
identifiers, contact information, or other
personal information provided, to
https://www.regulations.gov. Do not
submit confidential business
information, trade secret information, or
other sensitive or protected information
electronically. Such information should
be submitted in writing.
FOR FURTHER INFORMATION CONTACT: For
information related to the toy standard,
contact: Carolyn T. Manley, Lead
Compliance Officer, Office of
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Compliance and Field Operations,
Consumer Product Safety Commission,
4330 East-West Highway, Bethesda, MD
20814–4408; telephone: 301–504–7607;
email: cmanley@cpsc.gov.
SUPPLEMENTARY INFORMATION:
A. Background
Section 106 of the Consumer Product
Safety Improvement Act of 2008.
Section 106(a) of CPSIA mandated that
beginning on February 10, 2009, ASTM
F963–07e1, Standard Consumer Safety
Specifications for Toy Safety,1 shall be
considered a mandatory consumer
product safety standard issued by the
CPSC. Public Law 110–314. Since
ASTM F963 was first mandated in 2009,
there have been two revisions, ASTM
F963–08 and ASTM F963–11. Currently,
the provisions of ASTM F963–11 and
section 4.27 of ASTM F963–07e1 (toy
chests) are considered consumer
product safety standards issued by the
Commission under section 9 of the
CPSA. Under section 106(g) of the
CPSIA, if ASTM proposes revisions to
ASTM F963, ASTM must notify the
Commission. The revised standard shall
be considered to be a consumer product
safety standard issued by the CPSC
under section 9 of the Consumer
Product Safety Act (15 U.S.C. 2058),
effective 180 days after the date on
which ASTM notifies the Commission
of the revision, unless, within 90 days
after receiving that notice, the
Commission notifies ASTM that it has
determined that the proposed revision
does not improve the safety of toys.
Notification of Revisions. On
November 1, 2016, ASTM notified the
CPSC of ASTM’s approval and
publication of revisions to ASTM F963–
16 in a revised standard approved on
August 1, 2016, ASTM F963–16,
Standard Consumer Safety
Specification for Toy Safety. On January
25, 2017, the Commission voted to
1 Except for section 4.2 and Annex 4 or any
provision that restates or incorporates an existing
mandatory standard or ban promulgated by the
Commission or by statute.
E:\FR\FM\02FER1.SGM
02FER1
]]>Agencies
[Federal Register Volume 82, Number 21 (Thursday, February 2, 2017)]
[Rules and Regulations]
[Pages 8986-8989]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-01431]
=======================================================================
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FEDERAL ELECTION COMMISSION
11 CFR Part 111
[Notice 2017-01]
Civil Monetary Penalties Annual Inflation Adjustments
AGENCY: Federal Election Commission.
ACTION: Final rules.
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SUMMARY: As required by the Federal Civil Penalties Inflation
Adjustment Act of 1990, the Federal Election Commission is adjusting
for inflation the civil monetary penalties established under the
Federal Election Campaign Act, the Presidential Election Campaign Fund
Act, and the Presidential Primary Matching Payment Account Act. The
civil monetary penalties being adjusted are those negotiated by the
Commission or imposed by a court for certain statutory violations, and
those imposed by the Commission for late filing of or failure to file
certain reports required by the Federal Election Campaign Act. The
adjusted civil monetary penalties are calculated according to a
statutory formula and the adjusted amounts will apply to penalties
assessed after the effective date of these rules.
DATES: The final rules are effective on February 2, 2017.
FOR FURTHER INFORMATION CONTACT: Mr. Neven F. Stipanovic, Acting
Assistant General Counsel, or Mr. Eugene J. Lynch, Paralegal, Office of
General Counsel, 999 E Street NW., Washington, DC 20463, (202) 694-1650
or (800) 424-9530.
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act of 1990 (the ``Inflation Adjustment Act''),\1\ as
amended by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (the ``2015 Act''),\2\ requires federal
agencies, including the Commission, to adjust for inflation the civil
monetary penalties within their jurisdiction according to prescribed
formulas. A civil monetary penalty is ``any penalty, fine, or other
sanction'' that (1) ``is for a specific amount'' or ``has a maximum
amount'' under federal law; and (2) that a federal agency assesses or
enforces ``pursuant to an administrative proceeding or a civil action''
in federal court.\3\ Under the Federal Election Campaign Act, 52 U.S.C.
30101-46 (``FECA''), the Commission may seek and assess civil monetary
penalties for violations of FECA, the Presidential Election Campaign
Fund Act, 26 U.S.C. 9001-13, and the Presidential Primary Matching
Payment Account Act, 26 U.S.C. 9031-42.
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\1\ Public Law 101-410, 104 Stat. 890 (codified at 28 U.S.C.
2461 note), amended by Debt Collection Improvement Act of 1996,
Public Law 104-134, sec. 31001(s)(1), 110 Stat. 1321, 1373; Federal
Reports Elimination Act of 1998, Public Law 105-362, sec. 1301, 112
Stat. 3280.
\2\ Public Law 114-74, section 701, 129 Stat. 584, 599.
\3\ Inflation Adjustment Act, section 3(2).
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As required by the 2015 Act,\4\ the Commission recently instituted
a one-time ``catch-up'' inflation adjustment to its civil monetary
penalties. Civil Monetary Penalties Inflation Adjustments, 81 FR 41196
(June 24, 2016). Starting in 2017, the Inflation Adjustment Act
requires federal agencies to adjust their civil penalties annually, and
the adjustments must take effect no later than January 15 of every
year.\5\ Pursuant to guidance issued by the Office of Management and
Budget,\6\ the Commission is now adjusting its civil monetary penalties
for 2017.\7\
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\4\ Inflation Adjustment Act, section 4(b)(1).
\5\ Inflation Adjustment Act, section 4(a).
\6\ See Inflation Adjustment Act section 7(a) (requiring OMB to
``issue guidance to agencies on implementing the inflation
adjustments required under this Act''); see also Memorandum from
Shaun Donovan, Director, Office of Management and Budget, to Heads
of Executive Departments and Agencies, M-17-11 (Dec. 16, 2016),
https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf (``OMB Memorandum'').
\7\ Inflation Adjustment Act, section 5.
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The Commission must adjust for inflation its civil monetary
penalties ``notwithstanding Section 553'' of the Administrative
Procedures Act (``APA'').\8\ Thus, the APA's notice-and-comment and
delayed effective date requirements in 5 U.S.C. 553(b)-(d) do not apply
because Congress has specifically exempted agencies from these
requirements.\9\
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\8\ Inflation Adjustment Act, section 4(b)(2).
\9\ See, e.g., Asiana Airlines v. FAA, 134 F.3d 393, 396-99
(D.C. Cir. 1998) (finding APA ``notice and comment'' requirement not
applicable where Congress clearly expressed intent to depart from
normal APA procedures).
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Furthermore, because the inflation adjustments made through these
final rules are required by Congress and involve no Commission
discretion or policy judgments, these rules do not need to be submitted
to the Speaker of the House of Representatives or the President of the
Senate under the Congressional Review Act, 5 U.S.C. 801 et seq.
Moreover, because the APA's notice-and-comment procedures do not apply
to these final rules, the Commission is not required to conduct a
regulatory flexibility analysis under 5 U.S.C. 603 or 604. See 5 U.S.C.
601(2), 604(a). Nor is the Commission required to submit these
revisions for congressional review under FECA. See 5 U.S.C.
30111(d)(1), (4) (providing for
[[Page 8987]]
congressional review when Commission ``prescribe[s]'' a ``rule of
law'').
The new penalty amounts will apply to civil monetary penalties that
are assessed after the date the increase takes effect, even if the
associated violation predated the increase.\10\
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\10\ Inflation Adjustment Act, section 6.
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Explanation and Justification
As amended by the 2015 Act, the Inflation Adjustment Act requires
the Commission to annually adjust its civil monetary penalties for
inflation by applying a cost-of-living-adjustment (``COLA'') ratio.\11\
The COLA ratio is the percentage that the Consumer Price Index
(``CPI'') \12\ ``for the month of October preceding the date of the
adjustment'' exceeds the CPI for October of the previous year.\13\ To
calculate the adjusted penalty, the Commission must increase the most
recent civil monetary penalty amount by the COLA ratio.\14\ According
to the Office of Management and Budget, the COLA ratio for 2017 is
0.01636, or 1.636%; thus, to calculate the new penalties, the
Commission must multiply the most recent civil monetary penalties in
force by 1.01636.\15\
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\11\ The COLA ratio must be applied to the most recent civil
monetary penalties, which include the recent catch-up adjustments.
Inflation Adjustment Act, section 4(a); see also OMB Memorandum at
2.
\12\ The Inflation Adjustment Act, sec. 3, uses the CPI ``for
all-urban consumers published by the Department of Labor.''
\13\ Inflation Adjustment Act, section 5(b)(1).
\14\ Inflation Adjustment Act, section 5(a), (b)(1).
\15\ OMB Memorandum at 1.
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The Commission assesses two types of civil monetary penalties that
must be adjusted for inflation. First are penalties that are either
negotiated by the Commission or imposed by a court for violations of
FECA, the Presidential Election Campaign Fund Act, or the Presidential
Primary Matching Payment Account Act. These civil monetary penalties
are set forth at 11 CFR 111.24. Second are the civil monetary penalties
assessed through the Commission's Administrative Fines Program for late
filing or non-filing of certain reports required by FECA. See 52 U.S.C.
30109(a)(4)(C) (authorizing Administrative Fines Program), 30104(a)
(requiring political committee treasurers to report receipts and
disbursements within certain time periods). The penalty schedules for
these civil monetary penalties are set out at 11 CFR 111.43 and 111.44.
1. 11 CFR 111.24--Civil Penalties
FECA establishes the civil monetary penalties for violations of
FECA and the other statutes within the Commission's jurisdiction. See
52 U.S.C. 30109(a)(5), (6), (12). Commission regulations in 11 CFR
111.24 provide the current inflation-adjusted amount for each such
civil monetary penalty. To calculate the adjusted civil monetary
penalty, the Commission multiplies the most recent penalty amount by
the COLA ratio and rounds that figure to the nearest dollar.
The actual adjustment to each civil monetary penalty is shown in
the chart below.
----------------------------------------------------------------------------------------------------------------
Most recent New civil
Section civil penalty COLA penalty
----------------------------------------------------------------------------------------------------------------
11 CFR 111.24(a)(1)............................................. $18,750 1.01636 $19,057
11 CFR 111.24(a)(2)(i).......................................... 40,000 1.01636 40,654
11 CFR 111.24(a)(2)(ii)......................................... 65,593 1.01636 66,666
11 CFR 111.24(b)................................................ 5,609 1.01636 5,701
11 CFR 111.24(b)................................................ 14,023 1.01636 14,252
----------------------------------------------------------------------------------------------------------------
2. 11 CFR 111.43, 111.44--Administrative Fines
FECA authorizes the Commission to assess civil monetary penalties
for violations of the reporting requirements of 52 U.S.C. 30104(a)
according to the penalty schedules ``established and published by the
Commission.'' 52 U.S.C. 30109(a)(4)(C)(i). The Commission has
established two such schedules: The schedule in 11 CFR 111.43(a)
applies to reports that are not election sensitive, and the schedule in
11 CFR 111.43(b) applies to reports that are election sensitive.\16\
Each schedule contains two columns of penalties, one for late-filed
reports and one for non-filed reports, with penalties based on the
level of financial activity in the report and, if late-filed, its
lateness.\17\ In addition, 11 CFR 111.43(c) establishes a civil
monetary penalty for situations in which a committee fails to file a
report and the Commission cannot calculate the relevant level of
activity. Finally, 11 CFR 111.44 establishes a civil monetary penalty
for failure to file timely reports of contributions received less than
20 days, but more than 48 hours, before an election. See 52 U.S.C.
30104(a)(6).
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\16\ Election sensitive reports are certain reports due shortly
before an election. See 11 CFR 111.43(d)(1).
\17\ A report is considered to be ``not filed'' if it is never
filed or is filed more than a certain number of days after its due
date. See 11 CFR 111.43(e).
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To determine the adjusted civil monetary penalty amount for each
level of activity, the Commission multiplies the most recent penalty
amount by the COLA ratio and rounds that figure to the nearest dollar.
The new civil monetary penalties are shown in the schedules in the rule
text, below.
List of Subjects in 11 CFR Part 111
Administrative practice and procedures, Elections, Law enforcement,
Penalties.
For the reasons set out in the preamble, the Federal Election
Commission amends subchapter A of chapter I of title 11 of the Code of
Federal Regulations as follows:
PART 111--COMPLIANCE PROCEDURE (52 U.S.C. 30109, 30107(a))
0
1. The authority citation for part 111 continues to read as follows:
Authority: 52 U.S.C. 30102(i), 30109, 30107(a), 30111(a)(8); 28
U.S.C. 2461 note; 31 U.S.C. 3701, 3711, 3716-3719, and 3720A, as
amended; 31 CFR parts 285 and 900-904.
Sec. 111.24 [Amended]
0
2. In the table below for Sec. 111.24, for each paragraph indicated in
the left column, remove the number indicated in the middle column, and
add in its place the number indicated in the right column.
------------------------------------------------------------------------
Paragraph Remove Add
------------------------------------------------------------------------
(a)(1).................................. $18,750 $19,057
(a)(2)(i)............................... 40,000 40,654
(a)(2)(ii).............................. 65,593 66,666
(b)..................................... 5,609 5,701
(b)..................................... 14,023 14,252
------------------------------------------------------------------------
0
3. Section 111.43 is amended by revising paragraphs (a), (b), and (c)
to read as follows:
Sec. 111.43 What are the schedules of penalties?
(a) The civil money penalty for all reports that are filed late or
not filed, except election sensitive reports and pre-election reports
under 11 CFR 104.5,
[[Page 8988]]
shall be calculated in accordance with the following schedule of
penalties:
----------------------------------------------------------------------------------------------------------------
And the report was filed late, Or the report was not filed,
If the level of activity in the report was: the civil money penalty is: the civil money penalty is:
----------------------------------------------------------------------------------------------------------------
$1-4,999.99 \1\............................... [$33 + ($6 x Number of days $326 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$5,000-9,999.99............................... [$65 + ($6 x Number of days $392 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$10,000-24,999.99............................. [$139 + ($6 x Number of days $654 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$25,000-49,999.99............................. [$277 + ($26 x Number of days $1176 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$50,000-74,999.99............................. [$417 + ($105 x Number of days $3751 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$75,000-99,999.99............................. [$556 + ($139 x Number of days $4862 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$100,000-149,999.99........................... [$833 + ($174 x Number of days $6252 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$150,000-199,999.99........................... [$1112 + ($208 x Number of days $7641 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$200,000-249,999.99........................... [$1389 + ($243 x Number of days $9030 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$250,000-349,999.99........................... [$2084 + ($277 x Number of days $11,114 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$350,000-449,999.99........................... [$2779 + ($277 x Number of days $12,503 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$450,000-549,999.99........................... [$3473 + ($277 x Number of days $13,197 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$550,000-649,999.99........................... [$4168 + ($277 x Number of days $13,893 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$650,000-749,999.99........................... [$4862 + ($277 x Number of days $14,587 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$750,000-849,999.99........................... [$5557 + ($277 x Number of days $15,282 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$850,000-949,999.99........................... [$6252 + ($277 x Number of days $15,976 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$950,000 or over.............................. [$6946 + ($277 x Number of days $16,671 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
----------------------------------------------------------------------------------------------------------------
\1\ The civil money penalty for a respondent who does not have any previous violations will not exceed the level
of activity in the report.
(b) The civil money penalty for election sensitive reports that are
filed late or not filed shall be calculated in accordance with the
following schedule of penalties:
----------------------------------------------------------------------------------------------------------------
And the report was filed late, Or the report was not filed,
If the level of activity in the report was: the civil money penalty is: the civil money penalty is:
----------------------------------------------------------------------------------------------------------------
$1-$4,999.99 \1\.............................. [$65 + ($13 x Number of days $654 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$5,000-$9,999.99.............................. [$131 + ($13 x Number of days $784 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$10,000-24,999.99............................. [$196 + ($13 x Number of days $1176 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$25,000-49,999.99............................. [$417 + ($33 x Number of days $1829 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$50,000-74,999.99............................. [$625 + ($105 x Number of days $4168 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$75,000-99,999.99............................. [$833 + ($139 x Number of days $5557 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$100,000-149,999.99........................... [$1250 + ($174 x Number of days $6946 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$150,000-199,999.99........................... [$1667 + ($208 x Number of days $8335 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$200,000-249,999.99........................... [$2084 + ($243 x Number of days $10,420 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$250,000-349,999.99........................... [$3126 + ($277 x Number of days $12,503 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$350,000-449,999.99........................... [$4168 + ($277 x Number of days $13,893 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$450,000-549,999.99........................... [$5210 + ($277 x Number of days $15,282 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
[[Page 8989]]
$550,000-649,999.99........................... [$6252 + ($277 x Number of days $16,671 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$650,000-749,999.99........................... [$7293 + ($277 x Number of days $18,061 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$750,000-849,999.99........................... [$8335 + ($277 x Number of days $19,449 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$850,000-949,999.99........................... [$9378 + ($277 x Number of days $20,838 x [1 + (.25 x Number of
late)] x [1 + (.25 x Number of previous violations)].
previous violations)].
$950,000 or over.............................. [$10,420 + ($277 x Number of $22,228 x [1 + (.25 x Number of
days late)] x [1 + (.25 x previous violations)].
Number of previous
violations)].
----------------------------------------------------------------------------------------------------------------
\1\ The civil money penalty for a respondent who does not have any previous violations will not exceed the level
of activity in the report.
(c) If the respondent fails to file a required report and the
Commission cannot calculate the level of activity under paragraph (d)
of this section, then the civil money penalty shall be $7,641.
* * * * *
Sec. 111.44 [Amended]
0
4. Amend paragraph (a)(1) of Sec. 111.44 by removing ``$137'' and
adding, in its place, ``$139''.
On behalf of the Commission.
Dated: January 5, 2017.
Matthew S. Petersen,
Commissioner, Federal Election Commission.
[FR Doc. 2017-01431 Filed 2-1-17; 8:45 am]
BILLING CODE 6715-01-P
