Civil Monetary Penalty Inflation Adjustments, 1550-1552 [2018-00415]
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations
NFA to perform the full range of
registration processing functions with
respect to applicants for and persons
registered as a: futures commission
merchant, commodity pool operator, or
commodity trading advisor; 7
introducing broker; 8 leverage
transaction merchant; 9 floor broker; 10
floor trader; 11 retail foreign exchange
dealer; 12 and swap dealer or major swap
participant (collectively, registrants).13
Additionally, the NFA has adopted, and
the Commission has approved, rules
that govern the performance of the
registration functions. For example,
NFA Rule 501 pertains to the NFA’s
authority to deny, condition, suspend,
and revoke registration for registrants.
NFA Rule 504 sets forth the procedures
governing applicants and registrants
disqualified from registration under
sections 8a(2), 8a(3), or 8a(4) of the Act.
In light of NFA’s experience in
processing and maintaining exchange
disciplinary and access denial actions
on behalf of the Commission, the
Commission has determined that it will
continue to delegate these functions to
the NFA. This Notice and Order is in
accord with the Commission’s previous
delegations to the NFA to perform
registration processing functions with
respect to applicants and registrants, in
that, an individual’s or firm’s
disciplinary history clearly is a factor
that must be considered in any fitness
determination. Deeming the NFA as the
custodian of all exchange § 9.11 filings,
and delegating to the NFA the
responsibility for processing such filings
and generating reports with the
information amassed, should ensure
that the NFA has the necessary
information to continue to make
appropriate registration determinations.
Further, the Commission believes that
this delegation order will enhance
efficiency by permitting the
Commission to carry out its statutory
responsibilities under the CEA, while
also freeing up Commission resources to
be directed to other parts of its
regulatory mandate.
sradovich on DSK3GMQ082PROD with RULES
IV. Conclusion and Order
7 See
49 FR 39593 (Oct. 9, 1984).
48 FR 35158 (Aug. 3, 1983).
9 See 54 FR 19556 (May 8, 1989).
10 See 51 FR 34490 (Sep. 29, 1986).
11 See 58 FR 19657 (Apr. 15, 1993).
12 See 75 FR 55310 (Sep. 10, 2010).
13 See 77 FR 2708 (Jan. 19, 2012).
8 See
15:52 Jan 11, 2018
Issued in Washington, DC, on January 9,
2018, by the Commission.
Christopher J. Kirkpatrick,
Secretary of the Commission.
Appendix to Performance of Certain
Functions by the National Futures
Association With Respect to Regulation
9.11—Commission Voting Summary
On this matter, Chairman Giancarlo and
Commissioners Quintenz and Behnam voted
in the affirmative. No Commissioner voted in
the negative.
[FR Doc. 2018–00468 Filed 1–11–18; 8:45 am]
BILLING CODE 6351–01–P
DEPARTMENT OF ENERGY
The Commission has determined, in
accordance with section 8a(10) of the
Act, to delegate to the NFA the authority
to perform the following functions:
(1) To process exchange disciplinary
information filed with it by an exchange
VerDate Sep<11>2014
or the Commission for inclusion in the
BASIC system;
(2) To provide the Commission with
access to a Management Report
summarizing all recent exchange
disciplinary information and to provide
the Commission with the capability to
generate standardized reports on the
BASIC system;
(3) To assist the Commission in
enforcing exchange compliance with
regulation 9.11 filing requirements; and
(4) To serve as the official custodian
of a database containing records of all
exchange disciplinary and access denial
actions filed with the NFA for inclusion
in the BASIC system.
The NFA is authorized to perform all
functions specified herein until such
time as the Commission orders
otherwise. Nothing in this Notice and
Order shall affect the Commission’s
oversight authority of exchange
disciplinary programs. The Commission
is retaining all of its oversight authority,
including its authority to review and to
modify exchange disciplinary actions
and to take enforcement or other
remedial action against exchanges for
noncompliance with § 9.11. The NFA
may submit to the Commission for
clarification any specific matters that
have been delegated to it, and
Commission staff will be available to
discuss with NFA staff issues relating to
implementation of this Notice and
Order.
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Federal Energy Regulatory
Commission
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 12, 2018.
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. 839
Final Rule
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.
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
of 1990 (1990 Adjustment Act),2
required the head of each federal agency
to issue a rule by July 2016 adjusting for
inflation each ‘‘civil monetary penalty’’
provided by law within the agency’s
jurisdiction and to make further
inflation adjustments on an annual basis
every January 15 thereafter.3
II. Discussion
3. The 2015 Adjustment Act defines a
civil monetary penalty as any penalty,
fine, or other sanction that: (A)(i) Is for
a specific monetary amount as provided
by federal law; or (ii) has a maximum
amount provided for by federal law; (B)
is assessed or enforced by an agency
pursuant to federal law; and (C) is
assessed or enforced pursuant to an
administrative proceeding or a civil
action in the federal courts.4 This
18 CFR Parts 250 and 385
[Docket No. RM18–4–000; Order No. 839]
Civil Monetary Penalty Inflation
Adjustments
Federal Energy Regulatory
Commission.
ACTION: Final rule.
AGENCY:
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1 Sec.
701, Public Law 114–74, 129 Stat. 584, 599.
Law 101–410, 104 Stat. 890 (codified as
amended at 28 U.S.C. 2461 note).
3 28 U.S.C. 2461 note, at (4). The Commission
made its January 2017 adjustment on January 9,
2017, in Docket No. RM17–9–000. See Civil
Monetary Penalty Inflation Adjustments, Order No.
834, 82 FR 8137 (Jan. 24, 2017), FERC Stats. & Regs.
¶ 31,390 (2017).
4 Id. (3).
2 Public
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definition applies to the maximum civil
penalties that may be imposed under
the Federal Power Act (FPA),5 the
Natural Gas Act (NGA),6 the Natural Gas
Policy Act of 1978 (NGPA),7 and the
Interstate Commerce Act (ICA).8
4. Under the 2015 Adjustment Act,
the first step for such adjustment of a
civil monetary penalty for inflation
requires determining the percentage by
which the U.S. Department of Labor’s
Consumer Price Index for all-urban
consumers (CPI–U) for October of the
preceding year exceeds the CPI–U for
October of the year before that.9 The
CPI–U for October 2017 exceeded the
CPI–U for October 2016 by 2.041
percent.10
5. The second step requires
multiplying the CPI–U percentage
increase by the applicable existing
maximum civil monetary penalty.11
This step results in a base penalty
increase amount.
6. The third step requires rounding
the base penalty increase amount to the
nearest dollar and adding that amount
to the base penalty to calculate the new
1551
adjusted maximum civil monetary
penalty.12
7. Under the 2015 Adjustment Act, an
agency is directed to use the maximum
civil monetary penalty applicable at the
time of assessment of a civil penalty,
regardless of the date on which the
violation occurred.13
8. The adjustments that the
Commission is required to make
pursuant to the 2015 Adjustment Act
are reflected in the following table:
New adjusted maximum civil monetary
penalty
Source
Existing maximum civil monetary penalty
16 U.S.C. 825o–1(b), Sec. 316A of the Federal
Power Act.
16 U.S.C. 823b(c), .............................................
Sec. 31(c) of the Federal Power Act ..................
16 U.S.C. 825n(a), .............................................
Sec. 315(a) of the Federal Power Act ...............
15 U.S.C. 717t–1, ...............................................
Sec. 22 of the Natural Gas Act ..........................
15 U.S.C. 3414(b)(6)(A)(i), Sec. 504(b)(6)(A)(i)
of the Natural Gas Policy Act of 1978.
49 App. U.S.C. 6(10) (1988), Sec. 6(10) of the
Interstate Commerce Act.
49 App. U.S.C. 16(8) (1988), Sec. 16(8) of the
Interstate Commerce Act.
49 App. U.S.C. 19a(k) (1988), Sec. 19a(k) of
the Interstate Commerce Act.
49 App. U.S.C. 20(7)(a) (1988), Sec. 20(7)(a)
of the Interstate Commerce Act.
$1,213,503 per violation, per day ....................
$1,238,271 per violation, per day.
$21,916 per violation, per day .........................
$22,363 per violation, per day.
$2,795 per violation .........................................
$2,852 per violation.
$1,213,503 per violation, per day ....................
$1,238,271 per violation, per day.
$1,213,503 per violation, per day ....................
$1,238,271 per violation, per day.
$1,270 per offense and $64 per day after the
first day.
$12,705 per violation, per day .........................
$1,296 per offense and $65 per day after the
first day.
$12,964 per violation, per day.
$1,270 per offense, per day ............................
$1,296 per offense, per day.
$1,270 per offense, per day ............................
$1,296 per offense, per day.
III. Administrative Findings
9. Congress directed that agencies
issue final rules to adjust their
maximum civil monetary penalties
notwithstanding the requirements of the
Administrative Procedure Act (APA).14
Because the Commission is required by
law to undertake these inflation
adjustments notwithstanding the notice
and comment requirements that
otherwise would apply pursuant to the
APA, and because the Commission lacks
discretion with respect to the method
and amount of the adjustments, prior
notice and comment would be
impractical, unnecessary, and contrary
to the public interest.
sradovich on DSK3GMQ082PROD with RULES
IV. Regulatory Flexibility Statement
10. The Regulatory Flexibility Act, as
amended, requires agencies to certify
that rules promulgated under their
authority will not have a significant
economic impact on a substantial
number of small businesses.15 The
5 16
U.S.C. 791a et seq.
U.S.C. 717 et seq.
7 15 U.S.C. 3301 et seq.
8 49 App. U.S.C. 1 et seq. (1988).
9 28 U.S.C. 2461 note, at (5)(b)(1).
15:52 Jan 11, 2018
V. Paperwork Reduction Act
11. This rule does not require the
collection of information. The
Commission is therefore not required to
submit this rule for review to the Office
of Management and Budget pursuant to
the Paperwork Reduction Act of 1995.17
VI. Document Availability
12. In addition to publishing the full
text of this document in the Federal
Register, the Commission provides all
interested persons an opportunity to
view and print the contents of this
document via the internet through the
Commission’s Home Page (https://
www.ferc.gov) and in the Commission’s
10 See, e.g., Memorandum from Mick Mulvaney,
Office of Management and Budget, Implementation
of the Penalty Inflation Adjustments for 2018,
Pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, 1 (Dec.
15, 2017).
11 Id. (5)(a).
6 15
VerDate Sep<11>2014
requirements of the Regulatory
Flexibility Act apply only to rules
promulgated following notice and
comment.16 The requirements of the
Regulatory Flexibility Act do not apply
to this rulemaking because the
Commission is issuing this final rule
without notice and comment.
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Public Reference Room during normal
business hours (8:30 a.m. to 5:00 p.m.
Eastern time) at 888 First Street NE,
Room 2A, Washington DC 20426.
13. From the Commission’s Home
Page on the internet, this information is
available on eLibrary. The full text of
this document is available on eLibrary
in PDF and Microsoft Word format for
viewing, printing, and downloading. To
access this document in eLibrary, type
the docket number (excluding the last
three digits) in the docket number field.
14. User assistance is available for
eLibrary and the Commission’s website
during normal business hours from the
Commission’s Online Support at (202)502–6652 (toll free at 1–866–208–3676)
or email at ferconlinesupport@ferc.gov,
or the Public Reference Room at (202)
502–8371, TTY (202) 502–8659,
public.referenceroom@ferc.gov.
12 Id.
13 Id.
(6).
(3)(b)(2).
15 5 U.S.C. 601 et seq.
16 5 U.S.C. 603, 604.
17 44 U.S.C. 3507(d).
14 Id.
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Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations
VII. Effective Date and Congressional
Notification
15. For the same reasons the
Commission has determined that public
notice and comment are unnecessary,
impractical, and contrary to the public
interest, the Commission finds good
cause to adopt an effective date that is
less than 30 days after the date of
publication in the Federal Register
pursuant to the Administrative
Procedure Act,18 and therefore, the
regulation is effective upon publication
in the Federal Register.
16. The Commission has determined,
with the concurrence of the
Administrator of the Office of
Information and Regulatory Affairs of
the Office of Management and Budget,
that this rule is not a ‘‘major rule’’ as
defined in section 351 of the Small
Business Regulatory Enforcement
Fairness Act of 1996. This Final Rule is
being submitted to the Senate, House,
and Government Accountability Office.
List of Subjects
18 CFR Part 250
Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 385
Administrative practice and
procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping
requirements.
By the Commission.
Issued: January 8, 2018.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the
Commission amends parts 250 and 385,
chapter I, title 18, Code of Federal
Regulations as follows:
PART 250—FORMS
1. The authority citation for part 250
continues to read as follows:
■
Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352; 28 U.S.C. 2461
note.
2. Amend § 250.16 by revising
paragraph (e)(1) to read as follows:
■
§ 250.16 Format of compliance plan
transportation services and affiliate
transactions.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(e) * * * (1) Any person who
transports gas for others pursuant to
subparts B or G of part 284 of this
chapter and who knowingly violates the
requirements of §§ 358.4 and 358.5,
§ 250.16, or § 284.13 of this chapter will
be subject, pursuant to sections 311(c),
501, and 504(b)(6) of the Natural Gas
Policy Act of 1978, to a civil penalty,
which the Commission may assess, of
not more than $1,238,271 for any one
violation.
*
*
*
*
*
PART 385—RULES OF PRACTICE AND
PROCEDURE
3. The authority citation for part 385
continues to read as follows:
■
Authority: 5 U.S.C. 551–557; 15 U.S.C.
717–717w, 3301–3432; 16 U.S.C. 791a–825v,
2601–2645; 28 U.S.C. 2461; 31 U.S.C 3701,
9701; 42 U.S.C. 7101–7352, 16441, 16451–
16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85
(1988); 28 U.S.C. 2461 note (1990); 28 U.S.C.
2461 note (2015).
4. Revise § 385.1504(a) to read as
follows:
■
§ 385.1504
1504).
Maximum civil penalty (Rule
(a) Except as provided in paragraph
(b) of this section, the Commission may
assess a civil penalty of up to $22,363
for each day that the violation
continues.
*
*
*
*
*
5. Revise § 385.1602 to read as
follows:
■
§ 385.1602 Civil penalties, as adjusted
(Rule 1602).
The current inflation-adjusted civil
monetary penalties provided by law
within the jurisdiction of the
Commission are:
(a) 15 U.S.C. 3414(b)(6)(A)(i), Natural
Gas Policy Act of 1978: $1,238,271.
(b) 16 U.S.C. 823b(c), Federal Power
Act: $22,363 per day.
(c) 16 U.S.C. 825n(a), Federal Power
Act: $2,852.
(d) 16 U.S.C. 825o–1(b), Federal
Power Act: $1,238,271 per day.
(e) 15 U.S.C. 717t–1, Natural Gas Act:
$1,238,271 per day.
(f) 49 App. U.S.C. 6(10) (1988),
Interstate Commerce Act: $1,296 per
offense and $65 per day after the first
day.
(g) 49 App. U.S.C. 16(8) (1988),
Interstate Commerce Act: $12,964 per
day.
(h) 49 App. U.S.C. 19a(k) (1988),
Interstate Commerce Act: $1,296 per
day.
(i) 49 App. U.S.C. 20(7)(a) (1988),
Interstate Commerce Act: $1,296 per
day.
[FR Doc. 2018–00415 Filed 1–11–18; 8:45 am]
18 5
U.S.C. 553(d)(3).
VerDate Sep<11>2014
15:52 Jan 11, 2018
BILLING CODE 6717–01–P
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DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 16
[Docket No. TTB–2018–0002; Notice No.
171]
Civil Monetary Penalty Inflation
Adjustment—Alcoholic Beverage
Labeling Act
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notification of civil monetary
penalty adjustment.
AGENCY:
This document informs the
public that the maximum penalty for
violations of the Alcoholic Beverage
Labeling Act (ABLA) is being adjusted
in accordance with the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended. Prior to the
publication of this document, any
person who violated the provisions of
the ABLA was subject to a civil penalty
of not more than $20,111, with each day
constituting a separate offense. This
document announces that this
maximum penalty is being increased to
$20,521.
DATES: The new maximum civil penalty
for violations of the ABLA takes effect
on January 12, 2018 and applies to
penalties that are assessed after that
date.
FOR FURTHER INFORMATION CONTACT: Rita
D. Butler, Regulations and Rulings
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box
12, Washington, DC 20005; (202) 453–
1039, ext. 101.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
Statutory Authority for Federal Civil
Monetary Penalty Inflation Adjustments
The Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act), Public Law 101–410,
104 Stat. 890, 28 U.S.C. 2461 note, as
amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015, Public Law 114–74, section
701, 129 Stat. 584, requires the regular
adjustment and evaluation of civil
monetary penalties to maintain their
deterrent effect and helps to ensure that
penalty amounts imposed by the
Federal Government are properly
accounted for and collected. A ‘‘civil
monetary penalty’’ is defined in the
Inflation Adjustment Act as any penalty,
fine, or other such sanction that is: (1)
For a specific monetary amount as
provided by Federal law, or has a
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]]>Agencies
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Rules and Regulations]
[Pages 1550-1552]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00415]
=======================================================================
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 250 and 385
[Docket No. RM18-4-000; Order No. 839]
Civil Monetary Penalty Inflation Adjustments
AGENCY: Federal Energy Regulatory Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Energy Regulatory Commission (Commission) is
issuing a final rule to amend its regulations governing the maximum
civil monetary penalties assessable for violations of statutes, rules,
and orders within the Commission's jurisdiction. The Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended most recently by
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015, requires the Commission to issue this final rule.
DATES: This final rule is effective January 12, 2018.
FOR FURTHER INFORMATION CONTACT: Todd Hettenbach, Attorney, Office of
Enforcement, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426, (202) 502-8794 [email protected].
SUPPLEMENTARY INFORMATION:
Order No. 839
Final Rule
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.
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 of 1990
(1990 Adjustment Act),\2\ required the head of each federal agency to
issue a rule by July 2016 adjusting for inflation each ``civil monetary
penalty'' provided by law within the agency's jurisdiction and to make
further inflation adjustments on an annual basis every January 15
thereafter.\3\
---------------------------------------------------------------------------
\1\ Sec. 701, Public Law 114-74, 129 Stat. 584, 599.
\2\ Public Law 101-410, 104 Stat. 890 (codified as amended at 28
U.S.C. 2461 note).
\3\ 28 U.S.C. 2461 note, at (4). The Commission made its January
2017 adjustment on January 9, 2017, in Docket No. RM17-9-000. See
Civil Monetary Penalty Inflation Adjustments, Order No. 834, 82 FR
8137 (Jan. 24, 2017), FERC Stats. & Regs. ] 31,390 (2017).
---------------------------------------------------------------------------
II. Discussion
3. The 2015 Adjustment Act defines a civil monetary penalty as any
penalty, fine, or other sanction that: (A)(i) Is for a specific
monetary amount as provided by federal law; or (ii) has a maximum
amount provided for by federal law; (B) is assessed or enforced by an
agency pursuant to federal law; and (C) is assessed or enforced
pursuant to an administrative proceeding or a civil action in the
federal courts.\4\ This
[[Page 1551]]
definition applies to the maximum civil penalties that may be imposed
under the Federal Power Act (FPA),\5\ the Natural Gas Act (NGA),\6\ the
Natural Gas Policy Act of 1978 (NGPA),\7\ and the Interstate Commerce
Act (ICA).\8\
---------------------------------------------------------------------------
\4\ Id. (3).
\5\ 16 U.S.C. 791a et seq.
\6\ 15 U.S.C. 717 et seq.
\7\ 15 U.S.C. 3301 et seq.
\8\ 49 App. U.S.C. 1 et seq. (1988).
---------------------------------------------------------------------------
4. Under the 2015 Adjustment Act, the first step for such
adjustment of a civil monetary penalty for inflation requires
determining the percentage by which the U.S. Department of Labor's
Consumer Price Index for all-urban consumers (CPI-U) for October of the
preceding year exceeds the CPI-U for October of the year before
that.\9\ The CPI-U for October 2017 exceeded the CPI-U for October 2016
by 2.041 percent.\10\
---------------------------------------------------------------------------
\9\ 28 U.S.C. 2461 note, at (5)(b)(1).
\10\ See, e.g., Memorandum from Mick Mulvaney, Office of
Management and Budget, Implementation of the Penalty Inflation
Adjustments for 2018, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, 1 (Dec. 15,
2017).
---------------------------------------------------------------------------
5. The second step requires multiplying the CPI-U percentage
increase by the applicable existing maximum civil monetary penalty.\11\
This step results in a base penalty increase amount.
---------------------------------------------------------------------------
\11\ Id. (5)(a).
---------------------------------------------------------------------------
6. The third step requires rounding the base penalty increase
amount to the nearest dollar and adding that amount to the base penalty
to calculate the new adjusted maximum civil monetary penalty.\12\
---------------------------------------------------------------------------
\12\ Id.
---------------------------------------------------------------------------
7. Under the 2015 Adjustment Act, an agency is directed to use the
maximum civil monetary penalty applicable at the time of assessment of
a civil penalty, regardless of the date on which the violation
occurred.\13\
---------------------------------------------------------------------------
\13\ Id. (6).
---------------------------------------------------------------------------
8. The adjustments that the Commission is required to make pursuant
to the 2015 Adjustment Act are reflected in the following table:
------------------------------------------------------------------------
Existing maximum New adjusted maximum
Source civil monetary civil monetary
penalty penalty
------------------------------------------------------------------------
16 U.S.C. 825o-1(b), Sec. $1,213,503 per $1,238,271 per
316A of the Federal Power violation, per day. violation, per day.
Act.
16 U.S.C. 823b(c),.......... $21,916 per $22,363 per
Sec. 31(c) of the Federal violation, per day. violation, per day.
Power Act.
16 U.S.C. 825n(a),.......... $2,795 per violation $2,852 per
Sec. 315(a) of the Federal violation.
Power Act.
15 U.S.C. 717t-1,........... $1,213,503 per $1,238,271 per
Sec. 22 of the Natural Gas violation, per day. violation, per day.
Act.
15 U.S.C. 3414(b)(6)(A)(i), $1,213,503 per $1,238,271 per
Sec. 504(b)(6)(A)(i) of the violation, per day. violation, per day.
Natural Gas Policy Act of
1978.
49 App. U.S.C. 6(10) (1988), $1,270 per offense $1,296 per offense
Sec. 6(10) of the and $64 per day and $65 per day
Interstate Commerce Act. after the first day. after the first
day.
49 App. U.S.C. 16(8) (1988), $12,705 per $12,964 per
Sec. 16(8) of the violation, per day. violation, per day.
Interstate Commerce Act.
49 App. U.S.C. 19a(k) $1,270 per offense, $1,296 per offense,
(1988), Sec. 19a(k) of the per day. per day.
Interstate Commerce Act.
49 App. U.S.C. 20(7)(a) $1,270 per offense, $1,296 per offense,
(1988), Sec. 20(7)(a) of per day. per day.
the Interstate Commerce Act.
------------------------------------------------------------------------
III. Administrative Findings
9. Congress directed that agencies issue final rules to adjust
their maximum civil monetary penalties notwithstanding the requirements
of the Administrative Procedure Act (APA).\14\ Because the Commission
is required by law to undertake these inflation adjustments
notwithstanding the notice and comment requirements that otherwise
would apply pursuant to the APA, and because the Commission lacks
discretion with respect to the method and amount of the adjustments,
prior notice and comment would be impractical, unnecessary, and
contrary to the public interest.
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\14\ Id. (3)(b)(2).
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IV. Regulatory Flexibility Statement
10. The Regulatory Flexibility Act, as amended, requires agencies
to certify that rules promulgated under their authority will not have a
significant economic impact on a substantial number of small
businesses.\15\ The requirements of the Regulatory Flexibility Act
apply only to rules promulgated following notice and comment.\16\ The
requirements of the Regulatory Flexibility Act do not apply to this
rulemaking because the Commission is issuing this final rule without
notice and comment.
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\15\ 5 U.S.C. 601 et seq.
\16\ 5 U.S.C. 603, 604.
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V. Paperwork Reduction Act
11. This rule does not require the collection of information. The
Commission is therefore not required to submit this rule for review to
the Office of Management and Budget pursuant to the Paperwork Reduction
Act of 1995.\17\
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\17\ 44 U.S.C. 3507(d).
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VI. Document Availability
12. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and print the contents of this document via the
internet through the Commission's Home Page (https://www.ferc.gov) and
in the Commission's Public Reference Room during normal business hours
(8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE, Room 2A,
Washington DC 20426.
13. From the Commission's Home Page on the internet, this
information is available on eLibrary. The full text of this document is
available on eLibrary in PDF and Microsoft Word format for viewing,
printing, and downloading. To access this document in eLibrary, type
the docket number (excluding the last three digits) in the docket
number field.
14. User assistance is available for eLibrary and the Commission's
website during normal business hours from the Commission's Online
Support at (202)-502-6652 (toll free at 1-866-208-3676) or email at
[email protected], or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659, [email protected].
[[Page 1552]]
VII. Effective Date and Congressional Notification
15. For the same reasons the Commission has determined that public
notice and comment are unnecessary, impractical, and contrary to the
public interest, the Commission finds good cause to adopt an effective
date that is less than 30 days after the date of publication in the
Federal Register pursuant to the Administrative Procedure Act,\18\ and
therefore, the regulation is effective upon publication in the Federal
Register.
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\18\ 5 U.S.C. 553(d)(3).
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16. The Commission has determined, with the concurrence of the
Administrator of the Office of Information and Regulatory Affairs of
the Office of Management and Budget, that this rule is not a ``major
rule'' as defined in section 351 of the Small Business Regulatory
Enforcement Fairness Act of 1996. This Final Rule is being submitted to
the Senate, House, and Government Accountability Office.
List of Subjects
18 CFR Part 250
Natural gas, Reporting and recordkeeping requirements.
18 CFR Part 385
Administrative practice and procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping requirements.
By the Commission.
Issued: January 8, 2018.
Kimberly D. Bose,
Secretary.
In consideration of the foregoing, the Commission amends parts 250
and 385, chapter I, title 18, Code of Federal Regulations as follows:
PART 250--FORMS
0
1. The authority citation for part 250 continues to read as follows:
Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352;
28 U.S.C. 2461 note.
0
2. Amend Sec. 250.16 by revising paragraph (e)(1) to read as follows:
Sec. 250.16 Format of compliance plan transportation services and
affiliate transactions.
* * * * *
(e) * * * (1) Any person who transports gas for others pursuant to
subparts B or G of part 284 of this chapter and who knowingly violates
the requirements of Sec. Sec. 358.4 and 358.5, Sec. 250.16, or Sec.
284.13 of this chapter will be subject, pursuant to sections 311(c),
501, and 504(b)(6) of the Natural Gas Policy Act of 1978, to a civil
penalty, which the Commission may assess, of not more than $1,238,271
for any one violation.
* * * * *
PART 385--RULES OF PRACTICE AND PROCEDURE
0
3. The authority citation for part 385 continues to read as follows:
Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16
U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42
U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App.
U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note
(2015).
0
4. Revise Sec. 385.1504(a) to read as follows:
Sec. 385.1504 Maximum civil penalty (Rule 1504).
(a) Except as provided in paragraph (b) of this section, the
Commission may assess a civil penalty of up to $22,363 for each day
that the violation continues.
* * * * *
0
5. Revise Sec. 385.1602 to read as follows:
Sec. 385.1602 Civil penalties, as adjusted (Rule 1602).
The current inflation-adjusted civil monetary penalties provided by
law within the jurisdiction of the Commission are:
(a) 15 U.S.C. 3414(b)(6)(A)(i), Natural Gas Policy Act of 1978:
$1,238,271.
(b) 16 U.S.C. 823b(c), Federal Power Act: $22,363 per day.
(c) 16 U.S.C. 825n(a), Federal Power Act: $2,852.
(d) 16 U.S.C. 825o-1(b), Federal Power Act: $1,238,271 per day.
(e) 15 U.S.C. 717t-1, Natural Gas Act: $1,238,271 per day.
(f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,296
per offense and $65 per day after the first day.
(g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $12,964
per day.
(h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,296
per day.
(i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,296
per day.
[FR Doc. 2018-00415 Filed 1-11-18; 8:45 am]
BILLING CODE 6717-01-P
