Adjustments to Civil Penalty Amounts, 3980-3982 [2019-02237]
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Federal Register / Vol. 84, No. 31 / Thursday, February 14, 2019 / Rules and Regulations
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[FR Doc. 2019–02071 Filed 2–13–19; 8:45 am]
BILLING CODE 4910–13–P
FEDERAL TRADE COMMISSION
16 CFR Part 1
Adjustments to Civil Penalty Amounts
Federal Trade Commission.
Final rule.
AGENCY:
ACTION:
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
is implementing adjustments to the civil
penalty amounts within its jurisdiction
to account for inflation, as required by
law.
DATES: Effective February 14, 2019.
FOR FURTHER INFORMATION CONTACT:
Kenny A. Wright, Attorney (202–326–
2907), Office of the General Counsel,
FTC, 600 Pennsylvania Avenue NW,
Washington, DC 20580, kwright@ftc.gov.
SUPPLEMENTARY INFORMATION: The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 1 directs agencies to adjust the civil
penalty maximums under their
jurisdiction for inflation every January.
Accordingly, the Commission issues
annual adjustments to the maximum
civil penalty amounts under its
jurisdiction.2
Commission Rule 1.98 sets forth the
applicable civil penalty amounts for
violations of certain laws enforced by
SUMMARY:
1 Public Law 114–74, § 701, 129 Stat. 599 (2015).
The Act amends the Federal Civil Penalties
Inflation Adjustment Act (‘‘FCPIAA’’), Public Law
101–410, 104 Stat. 890 (codified at 28 U.S.C. 2461
note).
2 81 FR 42476 (June 30, 2016); 82 FR 8135 (2017);
83 FR 2902 (2018).
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8/0547
12/18/18
ILS OR LOC RWY 22, Amdt 2D.
8/1332
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RNAV (GPS) RWY 19, Amdt 1.
8/1839
8/3004
8/3182
8/3196
8/3216
8/4576
12/21/18
12/19/18
12/14/18
12/14/18
12/14/18
12/18/18
VOR OR GPS–A, Amdt 3B.
RNAV (GPS) RWY 23, Amdt 1A.
RNAV (GPS) RWY 20, Orig.
RNAV (GPS) RWY 2, Orig.
VOR RWY 2, Amdt 5.
RNAV (GPS) RWY 4, Amdt 1A.
8/4577
12/18/18
RNAV (GPS) RWY 22, Amdt 1A.
8/6016
12/19/18
VOR/DME RWY 36, Amdt 1.
8/7170
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RNAV (GPS) RWY 33, Orig-B.
8/8856
8/8857
8/8975
12/18/18
12/18/18
12/14/18
RNAV (GPS) RWY 1, Orig.
RNAV (GPS) RWY 19, Orig.
VOR/DME–A, Amdt 3.
the Commission.3 As directed by the
FCPIAA, the Commission is issuing
adjustments to increase these maximum
civil penalty amounts to address
inflation since its prior January 2018
adjustment. The following adjusted
amounts will take effect on February 14,
2019:
• Section 7A(g)(1) of the Clayton Act,
15 U.S.C. 18a(g)(1) (premerger filing
notification violations under the HartScott-Rodino Improvements Act)—
Increase from $41,484 to $42,530;
• Section 11(l) of the Clayton Act, 15
U.S.C. 21(l) (violations of cease and
desist orders issued under Clayton Act
section 11(b))—Increase from $22,039 to
$22,595;
• Section 5(l) of the FTC Act, 15
U.S.C. 45(l) (unfair or deceptive acts or
practices)—Increase from $41,484 to
$42,530;
• Section 5(m)(1)(A) of the FTC Act,
15 U.S.C. 45(m)(1)(A) (unfair or
deceptive acts or practices)—Increase
from $41,484 to $42,530;
• Section 5(m)(1)(B) of the FTC Act,
15 U.S.C. 45(m)(1)(B) (unfair or
deceptive acts or practices)—Increase
from $41,484 to $42,530;
• Section 10 of the FTC Act, 15 U.S.C.
50 (failure to file required reports)—
Increase from $545 to $559;
• Section 5 of the Webb-Pomerene
(Export Trade) Act, 15 U.S.C. 65 (failure
by associations engaged solely in export
trade to file required statements)—
Increase from $545 to $559;
• Section 6(b) of the Wool Products
Labeling Act, 15 U.S.C. 68d(b) (failure
by wool manufacturers to maintain
required records)—Increase from $545
to $559;
3 16
PO 00000
CFR 1.98.
Frm 00008
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Subject
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• Section 3(e) of the Fur Products
Labeling Act, 15 U.S.C. 69a(e) (failure to
maintain required records regarding fur
products)—Increase from $545 to $559;
• Section 8(d)(2) of the Fur Products
Labeling Act, 15 U.S.C. 69f(d)(2) (failure
to maintain required records regarding
fur products)—Increase from $545 to
$559;
• Section 333(a) of the Energy Policy
and Conservation Act, 42 U.S.C. 6303(a)
(knowing violations of EPCA § 332,
including labeling violations)—Increase
from $449 to $460;
• Section 525(a) of the Energy Policy
and Conservation Act, 42 U.S.C. 6395(a)
(recycled oil labeling violations)—
Increase from $22,039 to $22,595;
• Section 525(b) of the Energy Policy
and Conservation Act, 42 U.S.C. 6395(b)
(willful violations of recycled oil
labeling requirements)—Increase from
$41,484 to $42,530;
• Section 621(a)(2) of the Fair Credit
Reporting Act, 15 U.S.C. 1681s(a)(2)
(knowing violations of the Fair Credit
Reporting Act)—Increase from $3,895 to
$3,993;
• Section 1115(a) of the Medicare
Prescription Drug Improvement and
Modernization Act of 2003, Public Law
108–173, as amended by Public Law
115–263, 21 U.S.C. 355 note (failure to
comply with filing requirements)—
Increase from $14,666 to $15,036; and
• Section 814(a) of the Energy
Independence and Security Act of 2007,
42 U.S.C. 17304 (violations of
prohibitions on market manipulation
and provision of false information to
federal agencies)—Increase from
$1,180,566 to $1,210,340.
Calculation of Inflation Adjustments
The FCPIAA, as amended, directs
federal agencies to adjust each civil
E:\FR\FM\14FER1.SGM
14FER1
Federal Register / Vol. 84, No. 31 / Thursday, February 14, 2019 / Rules and Regulations
monetary penalty under their
jurisdiction for inflation in January of
each year pursuant to a cost-of-living
adjustment.4 The cost-of-living
adjustment is based on the percent
change between the U.S. Department of
Labor’s Consumer Price Index for allurban consumers (‘‘CPI–U’’) for the
month of October preceding the date of
the adjustment, and the CPI–U for
October of the prior year.5 Based on that
formula, the cost-of-living adjustment
multiplier for 2019 is 1.02522. The
FCPIAA also directs that these penalty
level adjustments should be rounded to
the nearest dollar. Agencies do not have
3981
discretion over whether to adjust a
maximum civil penalty, or the method
used to determine the adjustment.
The following chart illustrates the
application of these adjustments to the
civil monetary penalties under the
Commission’s jurisdiction.
CALCULATON OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES
Citation
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
16
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
CFR
Current
penalty (2018)
Description
1.98(a): 15 U.S.C. 18a(g)(1) .............
1.98(b): 15 U.S.C. 21(l) .....................
1.98(c): 15 U.S.C. 45(l) .....................
1.98(d): 15 U.S.C. 45(m)(1)(A) .........
1.98(e): 15 U.S.C. 45(m)(1)(B) .........
1.98(f): 15 U.S.C. 50 .........................
1.98(g): 15 U.S.C. 65 ........................
1.98(h): 15 U.S.C. 68d(b) .................
1.98(i): 15 U.S.C. 69a(e) ...................
1.98(j): 15 U.S.C. 69f(d)(2) ...............
1.98(k): 42 U.S.C. 6303(a) ................
1.98(l): 42 U.S.C. 6395(a) .................
1.98(l): 42 U.S.C. 6395(b) .................
1.98(m): 15 U.S.C. 1681s(a)(2) ........
1.98(n): 21 U.S.C. 355 note ..............
1.98(o): 42 U.S.C. 17304 ..................
Premerger filing notification violations ...........
Violations of cease and desist orders ............
Unfair or deceptive acts or practices .............
Unfair or deceptive acts or practices .............
Unfair or deceptive acts or practices .............
Failure to file required reports ........................
Failure to file required statements .................
Failure to maintain required records ..............
Failure to maintain required records ..............
Failure to maintain required records ..............
Knowing violations .........................................
Recycled oil labeling violations ......................
Willful violations ..............................................
Knowing violations .........................................
Non-compliance with filing requirements .......
Market manipulation or provision of false information to federal agencies.
Improvements Act of 2015 (December 14, 2018),
available at: https://www.whitehouse.gov/wpcontent/uploads/2017/11/m_19_04.pdf.
6 28 U.S.C. 2461 note (6).
7 A regulatory flexibility analysis under the RFA
is required only when an agency must publish a
notice of proposed rulemaking for comment. See 5
U.S.C. 603.
These new penalty levels apply to
civil penalties assessed after the
effective date of the applicable
adjustment, including civil penalties
whose associated violation predated the
effective date.6 These adjustments do
not retrospectively change previously
assessed or enforced civil penalties that
the FTC is actively collecting or has
collected.
Administrative practice and
procedure, Penalties, Trade practices.
Procedural Requirements
■
U.S.C. 2461 note (4).
(3), (5)(b); Office of Management and Budget,
Memorandum M–19–04, Implementation of Penalty
Inflation Adjustments for 2019, Pursuant to the
Federal Civil Penalties Inflation Adjustment Act
5 Id.
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$42,530
22,595
42,530
42,530
42,530
559
559
559
559
559
460
22,595
42,530
3,993
15,036
1,210,340
This section makes inflation
adjustments in the dollar amounts of
civil monetary penalties provided by
law within the Commission’s
jurisdiction. The following maximum
civil penalty amounts apply only to
penalties assessed after February 14,
2019, including those penalties whose
associated violation predated February
14, 2019.
(a) Section 7A(g)(1) of the Clayton
Act, 15 U.S.C. 18a(g)(1)—$42,530;
List of Subjects for 16 CFR Part 1
4 28
1.02522
1.02522
1.02522
1.02522
1.02522
1.02522
1.02522
1.02522
1.02522
1.02522
1.02522
1.02522
1.02522
1.02522
1.02522
1.02522
Adjusted
penalty
(b) Section 11(l) of the Clayton Act, 15
U.S.C. 21(l)—$22,595;
(c) Section 5(l) of the FTC Act, 15
U.S.C. 45(l)—$42,530;
(d) Section 5(m)(1)(A) of the FTC Act,
15 U.S.C. 45(m)(1)(A)—$42,530;
(e) Section 5(m)(1)(B) of the FTC Act,
15 U.S.C. 45(m)(1)(B)—$42,530;
(f) Section 10 of the FTC Act, 15
U.S.C. 50—$559;
(g) Section 5 of the Webb-Pomerene
(Export Trade) Act, 15 U.S.C. 65—$559;
(h) Section 6(b) of the Wool Products
Labeling Act, 15 U.S.C. 68d(b)—$559;
(i) Section 3(e) of the Fur Products
Labeling Act, 15 U.S.C. 69a(e)—$559;
(j) Section 8(d)(2) of the Fur Products
Labeling Act, 15 U.S.C. 69f(d)(2)—$559;
(k) Section 333(a) of the Energy Policy
and Conservation Act, 42 U.S.C.
6303(a)—$460;
(l) Sections 525(a) and (b) of the
Energy Policy and Conservation Act, 42
U.S.C. 6395(a) and (b), respectively—
$22,595 and $42,530, respectively;
(m) Section 621(a)(2) of the Fair
Credit Reporting Act, 15 U.S.C.
1681s(a)(2)—$3,993;
(n) Section 1115(a) of the Medicare
Prescription Drug Improvement and
Modernization Act of 2003, Public Law
108–173, as amended by Public Law
115–263, 21 U.S.C. 355 note—$15,036;
Effective Dates of New Penalties
The FCPIAA, as amended, directs
agencies to adjust civil monetary
penalties through rulemaking and to
publish the required inflation
adjustments in the Federal Register,
notwithstanding section 553 of title 5,
United States Code. Pursuant to this
congressional mandate, prior public
notice and comment under the APA and
a delayed effective date are not required.
For this reason, the requirements of the
Regulatory Flexibility Act (‘‘RFA’’) also
do not apply.7 Further, this rule does
not contain any collection of
information requirements as defined by
the Paperwork Reduction Act of 1995 as
amended. 44 U.S.C. 3501 et seq.
$41,484
22,039
41,484
41,484
41,484
545
545
545
545
545
449
22,039
41,484
3,895
14,666
1,180,566
Adjustment
multiplier
Text of Amendments
For the reasons set forth in the
preamble, the Federal Trade
Commission amends title 16, chapter I,
subchapter A, of the Code of Federal
Regulations, as follows:
PART 1—GENERAL PROCEDURES
1. The authority citation for subpart L
continues to read as follows:
Authority: 28 U.S.C. 2461 note.
■
2. Revise § 1.98 to read as follows:
§ 1.98 Adjustment of civil monetary
penalty amounts.
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Federal Register / Vol. 84, No. 31 / Thursday, February 14, 2019 / Rules and Regulations
(o) Section 814(a) of the Energy
Independence and Security Act of 2007,
42 U.S.C. 17304—$1,210,340; and
(p) Civil monetary penalties
authorized by reference to the Federal
Trade Commission Act under any other
provision of law within the jurisdiction
of the Commission—refer to the
amounts set forth in paragraphs (c), (d),
(e) and (f) of this section, as applicable.
telework-ready employees. This rule
prevents unintended Commission action
by operation of law and provides clarity
as to filing deadlines and deadlines for
action by the Commission. The rule
imposes no new obligations on the
public and is consistent with prior
procedure for computing time.
By direction of the Commission.
April J. Tabor,
Acting Secretary.
2. The Commission’s regulations
address computing periods of time
prescribed or allowed by statute or
Commission rule or order. For many
years, under Rule 2007, the last day of
a time period is not counted if that day
is a Saturday, Sunday, ‘‘part-day
holiday that affects the Commission, or
legal public holiday.’’ 1 In December
2003, the Commission issued
Emergency Closures,2 which added a
provision to Rule 2007 to address the
computation of time during closure of
the Commission due to weather or other
adverse conditions.
3. On April 10, 2018, the Office of
Personnel Management (OPM) issued its
final regulation implementing the
weather and safety leave provisions of
the Administrative Leave Act of 2016.3
Under OPM’s regulations, Agencies may
only grant weather and safety leave
when it is determined that, because of
severe weather or another emergency
situation, employees cannot safely
travel to or from, or perform work at,
their normal worksite, a telework site, or
other approved location.4 OPM’s
regulations further require that
employees that are telework-ready
continue to perform official duties, even
though Federal offices are closed due to
severe weather or another emergency
situation.5
[FR Doc. 2019–02237 Filed 2–13–19; 8:45 am]
BILLING CODE 6750–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 385
[Docket No. RM19–8–000; Order No. 854]
Computation of Time During
Emergencies
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Final rule.
AGENCY:
The Federal Energy
Regulatory Commission (Commission or
Agency) is amending its Rules of
Practice and Procedure to update its
provisions regarding the computation of
time. This final rule will modify the
Commission’s regulations to cover
situations in which the Commission is
closed due to adverse conditions—
including inclement weather—even
though some official duties may
continue through telework-ready
employees. This change will prevent
unintended Commission action by
operation of law and will provide clarity
as to filing deadlines and deadlines for
action by the Commission.
DATES: The rule will become effective
February 14, 2019.
FOR FURTHER INFORMATION CONTACT:
Mark Hershfield, Office of the General
Counsel, 888 First Street NE,
Washington, DC 20426, (202) 502–8597,
mark.hershfield@ferc.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Introduction
1. By this final rule, the Federal
Energy Regulatory Commission
(Commission or agency) is amending 18
CFR 385.2007 (Rule 2007) to cover the
computation of time in situations in
which the Commission is closed due to
adverse conditions—including
inclement weather—even though some
official duties may be performed by
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II. Background
III. Discussion
4. The timeframes for certain
Commission action, including actions
on certain rate proposals filed by natural
gas pipeline companies, oil pipeline
companies, and public utilities, are set
by statute.6 Although the Commission
does not have the authority to change
such statutory deadlines, the
1 18
CFR 385.2007(a)(2) (2018) (Rule 2007).
No. 645, 105 FERC ¶ 61,296 (2003).
3 Public Law 114–328, 130 Stat. 2000 (December
23, 2016) (enacted under section 1138 of the
National Defense Authorization Act for Fiscal Year
2017).
4 See 5 CFR 630.1603, et al.
5 Id. For example, due to inclement weather on
January 14, 2019, OPM announced that ‘‘FEDERAL
OFFICES in the Washington, DC area are CLOSED.
Emergency employees and telework employees
continue to work.’’
6 See, e.g., 16 U.S.C. 824d (2012) (Federal Power
Act) (60 days); 15 U.S.C. 717c (2012) (Natural Gas
Act) (30 days); 49 App. U.S.C. 6(3) (Interstate
Commerce Act) (30 days).
2 Order
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Fmt 4700
Sfmt 4700
Commission has the authority to
determine how such deadlines are
computed.7 For example, as noted
above, under Rule 2007, the last day of
a time period is not counted if that day
is a Saturday, Sunday, part-day holiday
that affects the Commission, legal public
holiday, or a day on which the
Commission closes due to adverse
conditions and does not reopen prior to
its official close of business.8
The Commission is amending Rule
2007 to implement the weather and
safety leave provisions of the
Administrative Leave Act of 2016
whereby the Commission is closed due
to adverse conditions, including
inclement weather or another
emergency situation, even though
telework ready employees may continue
performing some official duties.
5. In such circumstances, employee
and public access to the Commission’s
physical facilities may be restricted, not
all employees may be telework-ready,
and not all telework-ready employees
may be able to telework due to the
adverse conditions.9 The Commission’s
ability to accept filings and issue orders
thus may be affected when the
Commission’s facilities are closed due
to adverse conditions. Likewise, when
the Commission’s facilities are closed
due to adverse conditions, the public’s
ability to submit a filing on the last day
on which a filing is due may also be
restricted. As such, the same
justification on which the Commission
relied to implement Rule 2007, and later
to amend Rule 2007 to address
emergency circumstances, is equally
applicable to instances in which the
Commission is closed, but employees
continue some official duties through
telework.
6. Furthermore, 18 CFR 385.2007(a)(2)
only addresses the ‘‘last day of any time
period,’’ and this final rule only
addresses the computation instances in
which the Commission is closed on the
last day of a time period. This final rule
also does not change the computation of
time in instances when the Commission
is closed for part of the day, but reopens
prior to the official close of business.
7 See Emergency Closures, Order No. 645, 105
FERC ¶ 61,296, at P. 2 (citing Tennessee Gas
Pipeline Co., 95 FERC ¶ 61,169 (Commission may
not extend 30-day rehearing deadline, although it
can provide rules for computing time)), aff’d sub
nom. Londonderry Neighborhood Coalition v.
FERC, 273 F.3d 416 (1st Cir. 2001).
8 18 CFR 385.2007 (2018).
9 See Governmentwide Dismissal and Closure
Procedures, Office of Personnel Management,
December 2015, https://www.opm.gov/policy-dataoversight/pay-leave/reference-materials/
handbooks/dcdismissal.pdf.
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]]>Agencies
[Federal Register Volume 84, Number 31 (Thursday, February 14, 2019)]
[Rules and Regulations]
[Pages 3980-3982]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-02237]
=======================================================================
-----------------------------------------------------------------------
FEDERAL TRADE COMMISSION
16 CFR Part 1
Adjustments to Civil Penalty Amounts
AGENCY: Federal Trade Commission.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Federal Trade Commission (``FTC'' or ``Commission'') is
implementing adjustments to the civil penalty amounts within its
jurisdiction to account for inflation, as required by law.
DATES: Effective February 14, 2019.
FOR FURTHER INFORMATION CONTACT: Kenny A. Wright, Attorney (202-326-
2907), Office of the General Counsel, FTC, 600 Pennsylvania Avenue NW,
Washington, DC 20580, kwright@ftc.gov.
SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 \1\ directs agencies to adjust
the civil penalty maximums under their jurisdiction for inflation every
January. Accordingly, the Commission issues annual adjustments to the
maximum civil penalty amounts under its jurisdiction.\2\
---------------------------------------------------------------------------
\1\ Public Law 114-74, Sec. 701, 129 Stat. 599 (2015). The Act
amends the Federal Civil Penalties Inflation Adjustment Act
(``FCPIAA''), Public Law 101-410, 104 Stat. 890 (codified at 28
U.S.C. 2461 note).
\2\ 81 FR 42476 (June 30, 2016); 82 FR 8135 (2017); 83 FR 2902
(2018).
---------------------------------------------------------------------------
Commission Rule 1.98 sets forth the applicable civil penalty
amounts for violations of certain laws enforced by the Commission.\3\
As directed by the FCPIAA, the Commission is issuing adjustments to
increase these maximum civil penalty amounts to address inflation since
its prior January 2018 adjustment. The following adjusted amounts will
take effect on February 14, 2019:
---------------------------------------------------------------------------
\3\ 16 CFR 1.98.
---------------------------------------------------------------------------
Section 7A(g)(1) of the Clayton Act, 15 U.S.C. 18a(g)(1)
(premerger filing notification violations under the Hart-Scott-Rodino
Improvements Act)--Increase from $41,484 to $42,530;
Section 11(l) of the Clayton Act, 15 U.S.C. 21(l)
(violations of cease and desist orders issued under Clayton Act section
11(b))--Increase from $22,039 to $22,595;
Section 5(l) of the FTC Act, 15 U.S.C. 45(l) (unfair or
deceptive acts or practices)--Increase from $41,484 to $42,530;
Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. 45(m)(1)(A)
(unfair or deceptive acts or practices)--Increase from $41,484 to
$42,530;
Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. 45(m)(1)(B)
(unfair or deceptive acts or practices)--Increase from $41,484 to
$42,530;
Section 10 of the FTC Act, 15 U.S.C. 50 (failure to file
required reports)--Increase from $545 to $559;
Section 5 of the Webb-Pomerene (Export Trade) Act, 15
U.S.C. 65 (failure by associations engaged solely in export trade to
file required statements)--Increase from $545 to $559;
Section 6(b) of the Wool Products Labeling Act, 15 U.S.C.
68d(b) (failure by wool manufacturers to maintain required records)--
Increase from $545 to $559;
Section 3(e) of the Fur Products Labeling Act, 15 U.S.C.
69a(e) (failure to maintain required records regarding fur products)--
Increase from $545 to $559;
Section 8(d)(2) of the Fur Products Labeling Act, 15
U.S.C. 69f(d)(2) (failure to maintain required records regarding fur
products)--Increase from $545 to $559;
Section 333(a) of the Energy Policy and Conservation Act,
42 U.S.C. 6303(a) (knowing violations of EPCA Sec. 332, including
labeling violations)--Increase from $449 to $460;
Section 525(a) of the Energy Policy and Conservation Act,
42 U.S.C. 6395(a) (recycled oil labeling violations)--Increase from
$22,039 to $22,595;
Section 525(b) of the Energy Policy and Conservation Act,
42 U.S.C. 6395(b) (willful violations of recycled oil labeling
requirements)--Increase from $41,484 to $42,530;
Section 621(a)(2) of the Fair Credit Reporting Act, 15
U.S.C. 1681s(a)(2) (knowing violations of the Fair Credit Reporting
Act)--Increase from $3,895 to $3,993;
Section 1115(a) of the Medicare Prescription Drug
Improvement and Modernization Act of 2003, Public Law 108-173, as
amended by Public Law 115-263, 21 U.S.C. 355 note (failure to comply
with filing requirements)--Increase from $14,666 to $15,036; and
Section 814(a) of the Energy Independence and Security Act
of 2007, 42 U.S.C. 17304 (violations of prohibitions on market
manipulation and provision of false information to federal agencies)--
Increase from $1,180,566 to $1,210,340.
Calculation of Inflation Adjustments
The FCPIAA, as amended, directs federal agencies to adjust each
civil
[[Page 3981]]
monetary penalty under their jurisdiction for inflation in January of
each year pursuant to a cost-of-living adjustment.\4\ The cost-of-
living adjustment is based on the percent change between the U.S.
Department of Labor's Consumer Price Index for all-urban consumers
(``CPI-U'') for the month of October preceding the date of the
adjustment, and the CPI-U for October of the prior year.\5\ Based on
that formula, the cost-of-living adjustment multiplier for 2019 is
1.02522. The FCPIAA also directs that these penalty level adjustments
should be rounded to the nearest dollar. Agencies do not have
discretion over whether to adjust a maximum civil penalty, or the
method used to determine the adjustment.
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\4\ 28 U.S.C. 2461 note (4).
\5\ Id. (3), (5)(b); Office of Management and Budget, Memorandum
M-19-04, Implementation of Penalty Inflation Adjustments for 2019,
Pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (December 14, 2018), available at: https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf.
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The following chart illustrates the application of these
adjustments to the civil monetary penalties under the Commission's
jurisdiction.
Calculaton of Adjustments to Maximum Civil Monetary Penalties
----------------------------------------------------------------------------------------------------------------
Current Adjustment Adjusted
Citation Description penalty (2018) multiplier penalty
----------------------------------------------------------------------------------------------------------------
16 CFR 1.98(a): 15 U.S.C. 18a(g)(1)... Premerger filing $41,484 1.02522 $42,530
notification violations.
16 CFR 1.98(b): 15 U.S.C. 21(l)....... Violations of cease and 22,039 1.02522 22,595
desist orders.
16 CFR 1.98(c): 15 U.S.C. 45(l)....... Unfair or deceptive acts 41,484 1.02522 42,530
or practices.
16 CFR 1.98(d): 15 U.S.C. 45(m)(1)(A). Unfair or deceptive acts 41,484 1.02522 42,530
or practices.
16 CFR 1.98(e): 15 U.S.C. 45(m)(1)(B). Unfair or deceptive acts 41,484 1.02522 42,530
or practices.
16 CFR 1.98(f): 15 U.S.C. 50.......... Failure to file required 545 1.02522 559
reports.
16 CFR 1.98(g): 15 U.S.C. 65.......... Failure to file required 545 1.02522 559
statements.
16 CFR 1.98(h): 15 U.S.C. 68d(b)...... Failure to maintain 545 1.02522 559
required records.
16 CFR 1.98(i): 15 U.S.C. 69a(e)...... Failure to maintain 545 1.02522 559
required records.
16 CFR 1.98(j): 15 U.S.C. 69f(d)(2)... Failure to maintain 545 1.02522 559
required records.
16 CFR 1.98(k): 42 U.S.C. 6303(a)..... Knowing violations...... 449 1.02522 460
16 CFR 1.98(l): 42 U.S.C. 6395(a)..... Recycled oil labeling 22,039 1.02522 22,595
violations.
16 CFR 1.98(l): 42 U.S.C. 6395(b)..... Willful violations...... 41,484 1.02522 42,530
16 CFR 1.98(m): 15 U.S.C. 1681s(a)(2). Knowing violations...... 3,895 1.02522 3,993
16 CFR 1.98(n): 21 U.S.C. 355 note.... Non-compliance with 14,666 1.02522 15,036
filing requirements.
16 CFR 1.98(o): 42 U.S.C. 17304....... Market manipulation or 1,180,566 1.02522 1,210,340
provision of false
information to federal
agencies.
----------------------------------------------------------------------------------------------------------------
Effective Dates of New Penalties
These new penalty levels apply to civil penalties assessed after
the effective date of the applicable adjustment, including civil
penalties whose associated violation predated the effective date.\6\
These adjustments do not retrospectively change previously assessed or
enforced civil penalties that the FTC is actively collecting or has
collected.
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\6\ 28 U.S.C. 2461 note (6).
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Procedural Requirements
The FCPIAA, as amended, directs agencies to adjust civil monetary
penalties through rulemaking and to publish the required inflation
adjustments in the Federal Register, notwithstanding section 553 of
title 5, United States Code. Pursuant to this congressional mandate,
prior public notice and comment under the APA and a delayed effective
date are not required. For this reason, the requirements of the
Regulatory Flexibility Act (``RFA'') also do not apply.\7\ Further,
this rule does not contain any collection of information requirements
as defined by the Paperwork Reduction Act of 1995 as amended. 44 U.S.C.
3501 et seq.
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\7\ A regulatory flexibility analysis under the RFA is required
only when an agency must publish a notice of proposed rulemaking for
comment. See 5 U.S.C. 603.
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List of Subjects for 16 CFR Part 1
Administrative practice and procedure, Penalties, Trade practices.
Text of Amendments
For the reasons set forth in the preamble, the Federal Trade
Commission amends title 16, chapter I, subchapter A, of the Code of
Federal Regulations, as follows:
PART 1--GENERAL PROCEDURES
0
1. The authority citation for subpart L continues to read as follows:
Authority: 28 U.S.C. 2461 note.
0
2. Revise Sec. 1.98 to read as follows:
Sec. 1.98 Adjustment of civil monetary penalty amounts.
This section makes inflation adjustments in the dollar amounts of
civil monetary penalties provided by law within the Commission's
jurisdiction. The following maximum civil penalty amounts apply only to
penalties assessed after February 14, 2019, including those penalties
whose associated violation predated February 14, 2019.
(a) Section 7A(g)(1) of the Clayton Act, 15 U.S.C. 18a(g)(1)--
$42,530;
(b) Section 11(l) of the Clayton Act, 15 U.S.C. 21(l)--$22,595;
(c) Section 5(l) of the FTC Act, 15 U.S.C. 45(l)--$42,530;
(d) Section 5(m)(1)(A) of the FTC Act, 15 U.S.C. 45(m)(1)(A)--
$42,530;
(e) Section 5(m)(1)(B) of the FTC Act, 15 U.S.C. 45(m)(1)(B)--
$42,530;
(f) Section 10 of the FTC Act, 15 U.S.C. 50--$559;
(g) Section 5 of the Webb-Pomerene (Export Trade) Act, 15 U.S.C.
65--$559;
(h) Section 6(b) of the Wool Products Labeling Act, 15 U.S.C.
68d(b)--$559;
(i) Section 3(e) of the Fur Products Labeling Act, 15 U.S.C.
69a(e)--$559;
(j) Section 8(d)(2) of the Fur Products Labeling Act, 15 U.S.C.
69f(d)(2)--$559;
(k) Section 333(a) of the Energy Policy and Conservation Act, 42
U.S.C. 6303(a)--$460;
(l) Sections 525(a) and (b) of the Energy Policy and Conservation
Act, 42 U.S.C. 6395(a) and (b), respectively--$22,595 and $42,530,
respectively;
(m) Section 621(a)(2) of the Fair Credit Reporting Act, 15 U.S.C.
1681s(a)(2)--$3,993;
(n) Section 1115(a) of the Medicare Prescription Drug Improvement
and Modernization Act of 2003, Public Law 108-173, as amended by Public
Law 115-263, 21 U.S.C. 355 note--$15,036;
[[Page 3982]]
(o) Section 814(a) of the Energy Independence and Security Act of
2007, 42 U.S.C. 17304--$1,210,340; and
(p) Civil monetary penalties authorized by reference to the Federal
Trade Commission Act under any other provision of law within the
jurisdiction of the Commission--refer to the amounts set forth in
paragraphs (c), (d), (e) and (f) of this section, as applicable.
By direction of the Commission.
April J. Tabor,
Acting Secretary.
[FR Doc. 2019-02237 Filed 2-13-19; 8:45 am]
BILLING CODE 6750-01-P
