Civil Monetary Penalty Inflation Adjustments, 966-968 [2019-00455]

Download as PDF 966 Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations REVISIONS TO IFR ALTITUDES & CHANGEOVER POINT—Continued [Amendment 544 effective date February 28, 2019] FROM TO MEA GRANT, GA FIX ............................................................................ *4500—MCA SMARR, GA FIX, NE BND **2500—MOCA **2600—GNSS MEA SMARR, GA FIX ........................................................................... *4500—MCA SINCA, GA FIX, SW BND **2500—MOCA **2500—GNSS MEA SINCA, GA FIX ............................................................................. *4000—MCA MADDI, GA FIX, NE BND **2200—MOCA MADDI, GA FIX ............................................................................. *4000—MCA VESTO, GA FIX, SW BND **2300—MOCA GREENWOOD, SC VORTAC ....................................................... *SMARR, GA FIX ........................................................................ **4000 *SINCA, GA FIX .......................................................................... **4500 *MADDI, GA FIX .......................................................................... **3000 *VESTO, GA FIX ......................................................................... **4000 LOCKS, SC FIX ........................................................................... 2400 Airway segment Changeover points From § 95.8003 To Distance From VOR Federal Airway Changeover Point V97 Is Amended To Add Changeover Point CINCINNATI, KY VORTAC ............................................ SHELBYVILLE, IN VOR/DME ....................................... 39 CINCINNATI 50 SHELBYVILLE 74 SIOUX CITY Is Amended To Delete Changeover Point SHELBYVILLE, IN VOR/DME ........................................ BOILER, IN VORTAC ................................................... V219 Is Amended To Delete Changeover Point SIOUX CITY, IA VORTAC ............................................. FOR FURTHER INFORMATION CONTACT: [FR Doc. 2019–00759 Filed 1–31–19; 8:45 am] 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: 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. BILLING CODE 4910–13–P DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Parts 250 and 385 [Docket No. RM19–9–000; Order No. 853] 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 February 1, 2019. SUMMARY: VerDate Sep<11>2014 16:07 Jan 31, 2019 Jkt 247001 FAIRMONT, MN VOR/DME .......................................... 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 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, Pub. L. 114–74, 129 Stat. 584, 599. L. 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 2018 adjustment on January 8, 2018, in Docket No. RM18–4–000. See Civil 2 Pub. PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 II. Discussion 3. The 2015 Adjustment Act defines a civil monetary penalty as any penalty, fine, or other sanction that: (A)(i) Is for a specific monetary amount as provided by federal law; or (ii) has a maximum amount provided for by federal law; (B) is assessed or enforced by an agency pursuant to federal law; and (C) is assessed or enforced pursuant to an administrative proceeding or a civil action in the federal courts.4 This definition applies to the maximum civil penalties that may be imposed under the Federal Power Act (FPA),5 the Natural Gas Act (NGA),6 the Natural Gas Policy Act of 1978 (NGPA),7 and the Interstate Commerce Act (ICA).8 4. Under the 2015 Adjustment Act, the first step for such adjustment of a civil monetary penalty for inflation requires determining the percentage by which the U.S. Department of Labor’s Consumer Price Index for all-urban consumers (CPI–U) for October of the Monetary Penalty Inflation Adjustments, Order No. 839, 83 FR 1550 (Jan. 12, 2018), FERC Stats. & Regs. ¶ 31,397 (2018). 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). E:\FR\FM\01FER1.SGM 01FER1 Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations This step results in a base penalty increase amount. 6. The third step requires rounding the base penalty increase amount to the nearest dollar and adding that amount to the base penalty to calculate the new adjusted maximum civil monetary penalty.12 7. Under the 2015 Adjustment Act, an agency is directed to use the maximum preceding year exceeds the CPI–U for October of the year before that.9 The CPI–U for October 2018 exceeded the CPI–U for October 2017 by 2.522 percent.10 5. The second step requires multiplying the CPI–U percentage increase by the applicable existing maximum civil monetary penalty.11 967 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: Source Existing maximum civil monetary penalty 16 U.S.C. 825–1(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. $1,238,271 per violation, per day .................... $1,269,500 per violation, per day. $22,363 per violation, per day ......................... $22,927 per violation, per day. $2,852 per violation ......................................... $2,994 per violation. $1,238,271 per violation, per day .................... $1,269,500 per violation, per day. $1,238,271 per violation, per day .................... $1,269,500 per violation, per day. $1,296 per offense and $65 per day after the first day. $12,964 per violation, per day ......................... $1,329 per offense and $67 per day after the first day. $13,291 per violation, per day. $1,296 per offense, per day ............................ $1,329 per offense, per day. $1,296 per offense, per day ............................ $1,329 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. 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 9 28 U.S.C. 2461 note, at (5)(b)(1). e.g., Memorandum from Mick Mulvaney, Office of Management and Budget, Implementation of the Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation 10 See, VerDate Sep<11>2014 16:07 Jan 31, 2019 Jkt 247001 New adjusted maximum civil monetary penalty VI. Document Availability 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. 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 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 to this rulemaking because the Commission is issuing this final rule without notice and comment. 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 Adjustment Act Improvements Act of 2015, 1 (Dec. 14, 2018). 11 Id. (5)(a). 12 Id. 13 Id. (6). PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 14 Id. (3)(b)(2). U.S.C. 601 et seq. 16 5 U.S.C. 603, 604. 17 44 U.S.C. 3507(d). 18 5 U.S.C. 553(d)(3). 15 5 E:\FR\FM\01FER1.SGM 01FER1 968 Federal Register / Vol. 84, No. 22 / Friday, February 1, 2019 / Rules and Regulations 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. § 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 $22,927 for each day that the violation continues. * * * * * ■ 5. Revise § 385.1602 to read as follows: § 385.1602 Civil penalties, as adjusted (Rule 1602). § 250.16 Format of compliance plan transportation services and affiliate transactions. 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: $1,269,500. (b) 16 U.S.C. 823b(c), Federal Power Act: $22,927 per day. (c) 16 U.S.C. 825n(a), Federal Power Act: $2,994. (d) 16 U.S.C. 825o–1(b), Federal Power Act: $1,269,500 per day. (e) 15 U.S.C. 717t–1, Natural Gas Act: $1,269,500 per day. (f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,329 per offense and $67 per day after the first day. (g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $13,291 per day. (h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,329 per day. (i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,329 per day. * [FR Doc. 2019–00455 Filed 1–31–19; 8:45 am] By the Commission. Issued: January 8, 2019. 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: ■ * * * * (e) Penalty for failure to comply. (1) Any person who transports gas for others pursuant to subpart 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 $1,269,500 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: ■ VerDate Sep<11>2014 16:07 Jan 31, 2019 Jkt 247001 BILLING CODE 6717–01–P maintained and updated in a DoD issuance. DATES: This rule is effective on February 1, 2019. FOR FURTHER INFORMATION CONTACT: Colonel David Feeley, (703) 693–2195 or david.c.feeley.mil@mail.mil. SUPPLEMENTARY INFORMATION: It has been determined that publication of this CFR part removal for public comment is impracticable, unnecessary, and contrary to public interest since it is based on removing DoD internal policies and procedures that are publicly available on the Department’s issuance website. DoD Instruction 1215.13, ‘‘Ready Reserve Member Participation Policy,’’ most recently updated in 2015, is the governing DoD policy (available at https:// www.esd.whs.mil/Portals/54/ Documents/DD/issuances/dodi/ 121513p.pdf). This rule is not significant under Executive Order (E.O.) 12866, ‘‘Regulatory Planning and Review,’’ therefore, the requirements of E.O. 13771, ‘‘Reducing Regulation and Controlling Regulatory Costs’’ do not apply. List of Subjects in 32 CFR Part 100 Armed forces reserves. PART 100—[REMOVED] Accordingly, by the authority of 5 U.S.C. 301, 32 CFR part 100 is removed. ■ Dated: January 28, 2019. Aaron T. Siegel, Alternate OSD Federal Register Liaison Officer, Department of Defense. [FR Doc. 2019–00445 Filed 1–31–19; 8:45 am] BILLING CODE 5001–06–P DEPARTMENT OF DEFENSE Office of the Secretary DEPARTMENT OF DEFENSE 32 CFR Part 100 Office of the Secretary [Docket ID: DOD–2018–OS–0069] 32 CFR Part 101 RIN 0790–AK28 [Docket ID: DOD–2018–OS–0070] Unsatisfactory Performance of Ready Reserve Obligation Under Secretary of Defense (Personnel and Readiness), DoD. ACTION: Final rule. AGENCY: This final rule removes DoD’s regulation which contains internal policy on actions to be taken in regard to members of the Ready Reserve whose performance of duty or participation in Reserve training is unsatisfactory. This part has not been updated since 1979 and is obsolete. Current internal procedures will continue to be SUMMARY: PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 RIN 0790–AK29 Participation in Reserve Training Programs Under Secretary of Defense (Personnel and Readiness), DoD. ACTION: Final rule. AGENCY: This final rule removes DoD’s regulation which contains internal policy regarding criteria and training requirements for satisfactory participation by members of the Reserve components of the U.S. Armed Forces, and uniform DoD policy for training SUMMARY: E:\FR\FM\01FER1.SGM 01FER1

Agencies

[Federal Register Volume 84, Number 22 (Friday, February 1, 2019)]
[Rules and Regulations]
[Pages 966-968]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-00455]


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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

18 CFR Parts 250 and 385

[Docket No. RM19-9-000; Order No. 853]


Civil Monetary Penalty Inflation Adjustments

AGENCY: Federal Energy Regulatory Commission, Department of Energy.

ACTION: Final rule.

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

DATES: This final rule is effective February 1, 2019.

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: 
    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 of 1990 
(1990 Adjustment Act),\2\ required the head of each federal agency to 
issue a rule by July 2016 adjusting for inflation each ``civil monetary 
penalty'' provided by law within the agency's jurisdiction and to make 
further inflation adjustments on an annual basis every January 15 
thereafter.\3\
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    \1\ Sec. 701, Pub. L. 114-74, 129 Stat. 584, 599.
    \2\ Pub. L. 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 
2018 adjustment on January 8, 2018, in Docket No. RM18-4-000. See 
Civil Monetary Penalty Inflation Adjustments, Order No. 839, 83 FR 
1550 (Jan. 12, 2018), FERC Stats. & Regs. ] 31,397 (2018).
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II. Discussion

    3. The 2015 Adjustment Act defines a civil monetary penalty as any 
penalty, fine, or other sanction that: (A)(i) Is for a specific 
monetary amount as provided by federal law; or (ii) has a maximum 
amount provided for by federal law; (B) is assessed or enforced by an 
agency pursuant to federal law; and (C) is assessed or enforced 
pursuant to an administrative proceeding or a civil action in the 
federal courts.\4\ This definition applies to the maximum civil 
penalties that may be imposed under the Federal Power Act (FPA),\5\ the 
Natural Gas Act (NGA),\6\ the Natural Gas Policy Act of 1978 (NGPA),\7\ 
and the Interstate Commerce Act (ICA).\8\
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    \4\ Id. (3).
    \5\ 16 U.S.C. 791a et seq.
    \6\ 15 U.S.C. 717 et seq.
    \7\ 15 U.S.C. 3301 et seq.
    \8\ 49 App. U.S.C. 1 et seq. (1988).
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    4. Under the 2015 Adjustment Act, the first step for such 
adjustment of a civil monetary penalty for inflation requires 
determining the percentage by which the U.S. Department of Labor's 
Consumer Price Index for all-urban consumers (CPI-U) for October of the

[[Page 967]]

preceding year exceeds the CPI-U for October of the year before 
that.\9\ The CPI-U for October 2018 exceeded the CPI-U for October 2017 
by 2.522 percent.\10\
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    \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 2019, Pursuant to the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015, 1 (Dec. 14, 
2018).
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    5. The second step requires multiplying the CPI-U percentage 
increase by the applicable existing maximum civil monetary penalty.\11\ 
This step results in a base penalty increase amount.
---------------------------------------------------------------------------

    \11\ Id. (5)(a).
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    6. The third step requires rounding the base penalty increase 
amount to the nearest dollar and adding that amount to the base penalty 
to calculate the new adjusted maximum civil monetary penalty.\12\
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    \12\ Id.
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    7. Under the 2015 Adjustment Act, an agency is directed to use the 
maximum civil monetary penalty applicable at the time of assessment of 
a civil penalty, regardless of the date on which the violation 
occurred.\13\
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    \13\ Id. (6).
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    8. The adjustments that the Commission is required to make pursuant 
to the 2015 Adjustment Act are reflected in the following table:

------------------------------------------------------------------------
                                Existing maximum    New adjusted maximum
           Source                civil monetary        civil monetary
                                     penalty               penalty
------------------------------------------------------------------------
16 U.S.C. 825-1(b), Sec.      $1,238,271 per        $1,269,500 per
 316A of the Federal Power     violation, per day.   violation, per day.
 Act.
16 U.S.C. 823b(c), Sec.       $22,363 per           $22,927 per
 31(c) of the Federal Power    violation, per day.   violation, per day.
 Act.
16 U.S.C. 825n(a), Sec.       $2,852 per violation  $2,994 per
 315(a) of the Federal Power                         violation.
 Act.
15 U.S.C. 717t-1, Sec. 22 of  $1,238,271 per        $1,269,500 per
 the Natural Gas Act.          violation, per day.   violation, per day.
15 U.S.C. 3414(b)(6)(A)(i),   $1,238,271 per        $1,269,500 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),  $1,296 per offense    $1,329 per offense
 Sec. 6(10) of the             and $65 per day       and $67 per day
 Interstate Commerce Act.      after the first day.  after the first
                                                     day.
49 App. U.S.C. 16(8) (1988),  $12,964 per           $13,291 per
 Sec. 16(8) of the             violation, per day.   violation, per day.
 Interstate Commerce Act.
49 App. U.S.C. 19a(k)         $1,296 per offense,   $1,329 per offense,
 (1988), Sec. 19a(k) of the    per day.              per day.
 Interstate Commerce Act.
49 App. U.S.C. 20(7)(a)       $1,296 per offense,   $1,329 per offense,
 (1988), Sec. 20(7)(a) of      per day.              per day.
 the Interstate Commerce Act.
------------------------------------------------------------------------

III. Administrative Findings

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

    \14\ Id. (3)(b)(2).
---------------------------------------------------------------------------

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

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).
---------------------------------------------------------------------------

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 
ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502-
8371, TTY (202) 502-8659, public.referenceroom@ferc.gov.

VII. Effective Date and Congressional Notification

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

    \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

[[Page 968]]

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, 2019.

Kimberly D. Bose,
Secretary.
    In consideration of the foregoing, the Commission amends parts 250 
and 385, chapter I, title 18, Code of Federal Regulations as follows:

PART 250--FORMS

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

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

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


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

* * * * *
    (e) Penalty for failure to comply. (1) Any person who transports 
gas for others pursuant to subpart 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 $1,269,500 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 $22,927 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: 
$1,269,500.
    (b) 16 U.S.C. 823b(c), Federal Power Act: $22,927 per day.
    (c) 16 U.S.C. 825n(a), Federal Power Act: $2,994.
    (d) 16 U.S.C. 825o-1(b), Federal Power Act: $1,269,500 per day.
    (e) 15 U.S.C. 717t-1, Natural Gas Act: $1,269,500 per day.
    (f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,329 
per offense and $67 per day after the first day.
    (g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $13,291 
per day.
    (h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,329 
per day.
    (i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,329 
per day.

[FR Doc. 2019-00455 Filed 1-31-19; 8:45 am]
 BILLING CODE 6717-01-P
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