Civil Monetary Penalty Inflation Adjustments, 2016-2018 [2020-00239]
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2016
Federal Register / Vol. 85, No. 9 / Tuesday, January 14, 2020 / Rules and Regulations
designated this rule as not a ‘‘major
rule,’’ as defined by 5 U.S.C. 804(2).
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
Subpart L—Civil Penalty Adjustments
Under the Federal Civil Penalties
Inflation Adjustment Act of 1990, as
Amended
1. The authority citation for part 1,
subpart L, continues to read as follows:
Modernization Act of 2003, Public Law
108–173, as amended by Public Law
115–263, 21 U.S.C. 355 note–$15,301;
(o) Section 814(a) of the Energy
Independence and Security Act of 2007,
42 U.S.C. 17304–$1,231,690; 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. 2020–00314 Filed 1–13–20; 8:45 am]
BILLING CODE 6750–01–P
■
Authority: 28 U.S.C. 2461 note.
■
Federal Energy Regulatory
Commission
2. Revise § 1.98 to read as follows:
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§ 1.98 Adjustment of civil monetary
penalty amounts.
18 CFR Parts 250 and 385
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 January 14,
2020, including those penalties whose
associated violation predated January
14, 2020.
(a) Section 7A(g)(1) of the Clayton
Act, 15 U.S.C. 18a(g)(1)–$43,280;
(b) Section 11(l) of the Clayton Act, 15
U.S.C. 21(l)–$22,994;
(c) Section 5(l) of the FTC Act, 15
U.S.C. 45(l)–$43,280;
(d) Section 5(m)(1)(A) of the FTC Act,
15 U.S.C. 45(m)(1)(A)–$43,280;
(e) Section 5(m)(1)(B) of the FTC Act,
15 U.S.C. 45(m)(1)(B)–$43,280;
(f) Section 10 of the FTC Act, 15
U.S.C. 50–$569;
(g) Section 5 of the Webb-Pomerene
(Export Trade) Act, 15 U.S.C. 65–$569;
(h) Section 6(b) of the Wool Products
Labeling Act, 15 U.SC. 68d(b)–$569;
(i) Section 3(e) of the Fur Products
Labeling Act, 15 U.S.C. 69a(e)–$569;
(j) Section 8(d)(2) of the Fur Products
Labeling Act, 15 U.S.C. 69f(d)(2)–$569;
(k) Section 333(a) of the Energy Policy
and Conservation Act, 42 U.S.C.
6303(a)–$468;
(l) Sections 525(a) and (b) of the
Energy Policy and Conservation Act, 42
U.S.C. 6395(a) and (b), respectively–
$22,994 and $43,280, respectively;
(m) Section 621(a)(2) of the Fair
Credit Reporting Act, 15 U.S.C.
1681s(a)(2)–$4,063;
(n) Section 1115(a) of the Medicare
Prescription Drug Improvement and
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16:28 Jan 13, 2020
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DEPARTMENT OF ENERGY
[Docket No. RM20–2–000; Order No. 865]
Civil Monetary Penalty Inflation
Adjustments
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Final rule.
AGENCY:
The Federal Energy
Regulatory Commission (Commission) is
issuing a final rule to amend its
regulations governing the maximum
civil monetary penalties assessable for
violations of statutes, rules, and orders
within the Commission’s jurisdiction.
The Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended
most recently by the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015, requires the
Commission to issue this final rule.
DATES: This final rule is effective
January 14, 2020.
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.
SUMMARY:
I. Background
2. The Federal Civil Penalties
Inflation Adjustment Act Improvements
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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
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 2019 exceeded
the CPI–U for October 2018 by 1.764
percent.10
5. The second step requires
multiplying the CPI–U percentage
increase by the applicable existing
maximum civil monetary penalty.11
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 2019 adjustment on January 8,
2019, in Docket No. RM19–9–000. See Civil
Monetary Penalty Inflation Adjustments, Order No.
853, 84 FR 966 (Feb. 1, 2019), FERC Stats. & Regs.
¶ 31,408 (2019).
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).
9 28 U.S.C. 2461 note, at (5)(b)(1).
10 See, e.g., Memorandum from Russell T. Vought,
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 (Dec. 16,
2019).
11 Id. (5)(a).
2 Public
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Federal Register / Vol. 85, No. 9 / Tuesday, January 14, 2020 / 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
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. 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.
$1,269,500 per violation, per day ..
$22,927 per violation, per day .......
$2,994 per violation .......................
$1,269,500 per violation, per day ..
$1,269,500 per violation, per day ..
$1,291,894 per violation, per day.
$23,331 per violation, per day.
$3,047 per violation.
$1,291,894 per violation, per day.
$1,291,894 per violation, per day.
$1,329 per offense and $67 per
day after the first day.
$13,291 per violation, per day .......
$1,352 per offense and $68 per
day after the first day.
$13,525 per violation, per day.
$1,329 per offense, per day ..........
$1,352 per offense, per day.
$1,329 per offense, per day ..........
$1,352 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
to this rulemaking because the
Commission is issuing this final rule
without notice and comment.
V. Paperwork Reduction Act
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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,
2017
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
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,
12 Id.
15 5
13 Id.
16 5
U.S.C. 601 et seq.
U.S.C. 603, 604.
17 44 U.S.C. 3507(d).
(6).
14 Id. (3)(b)(2).
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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 2, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the
Commission amends parts 250 and 385,
chapter I, title 18, Code of Federal
Regulations as follows:
18 5
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New adjusted maximum civil
monetary penalty
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U.S.C. 553(d)(3).
14JAR1
2018
Federal Register / Vol. 85, No. 9 / Tuesday, January 14, 2020 / Rules and Regulations
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.
*
*
*
*
*
(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 of this chapter, this section,
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 $1,291,894 for any one violation.
*
*
*
*
*
PART 385—RULES OF PRACTICE AND
PROCEDURE
4. Revise § 385.1504(a) to read as
follows:
■
Maximum civil penalty (Rule
(a) Except as provided in paragraph
(b) of this section, the Commission may
assess a civil penalty of up to $23,331
for each day that the violation
continues.
*
*
*
*
*
■ 5. Revise § 385.1602 to read as
follows:
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§ 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: $1,291,894.
(b) 16 U.S.C. 823b(c), Federal Power
Act: $23,331 per day.
(c) 16 U.S.C. 825n(a), Federal Power
Act: $3,047.
(d) 16 U.S.C. 825o–1(b), Federal
Power Act: $1,291,894 per day.
(e) 15 U.S.C. 717t–1, Natural Gas Act:
$1,291,894 per day.
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BILLING CODE 6717–01–P
DEPARTMENT OF HEALTH AND
HUMAN SERVICES
Food and Drug Administration
21 CFR Part 890
[Docket No. FDA–2019–P–3347]
Medical Devices; Exemption From
Premarket Notification; Class II
Devices; Powered Wheeled Stretcher
AGENCY:
ACTION:
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).
VerDate Sep<11>2014
[FR Doc. 2020–00239 Filed 1–13–20; 8:45 am]
Food and Drug Administration,
HHS.
3. The authority citation for part 385
is revised to read as follows:
■
§ 385.1504
1504).
(f) 49 App. U.S.C. 6(10) (1988),
Interstate Commerce Act: $1,352 per
offense and $68 per day after the first
day.
(g) 49 App. U.S.C. 16(8) (1988),
Interstate Commerce Act: $13,525 per
day.
(h) 49 App. U.S.C. 19a(k) (1988),
Interstate Commerce Act: $1,352 per
day.
(i) 49 App. U.S.C. 20(7)(a) (1988),
Interstate Commerce Act: $1,352 per
day.
Final amendment; final order.
The Food and Drug
Administration (FDA or Agency) is
publishing an order granting a petition
requesting exemption from premarket
notification (510(k)) requirements for
powered wheeled stretchers (product
code INK). These devices are batterypowered tables with wheels that are
intended for medical purposes for use
by patients who are unable to propel
themselves independently and who
must maintain a prone or supine
position for prolonged periods because
of skin ulcers or contractures (muscle
contractions). This order exempts
powered wheeled stretchers, class II
devices, from 510(k) requirements,
subject to certain conditions for
exemption. This exemption from 510(k)
requirements is immediately in effect
for powered wheeled stretchers. FDA is
publishing this order in accordance
with the section of the Federal Food,
Drug, and Cosmetic Act (FD&C Act)
permitting the exemption of a device
from the requirement to submit a 510(k).
DATES: This order is effective January
14, 2020.
FOR FURTHER INFORMATION CONTACT: Eric
Franca, Center for Devices and
Radiological Health, Food and Drug
Administration, 10903 New Hampshire
Ave., Bldg. 66, Rm. 1655, Silver Spring,
MD 20993–0002, 301–796–4505,
eric.franca@fda.hhs.gov.
SUMMARY:
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SUPPLEMENTARY INFORMATION:
I. Statutory Background
Section 510(k) of the FD&C Act (21
U.S.C. 360(k)) and its implementing
regulations in part 807, subpart E (21
CFR part 807, subpart E) require persons
who propose to begin the introduction
or delivery for introduction into
interstate commerce for commercial
distribution of a device intended for
human use to submit a 510(k) to FDA.
The device may not be marketed until
FDA finds it ‘‘substantially equivalent’’
within the meaning of section 513(i) of
the FD&C Act (21 U.S.C. 360c(i)) to a
legally marketed device that does not
require premarket approval.
On November 21, 1997, the President
signed into law the Food and Drug
Administration Modernization Act of
1997 (Pub. L. 105–115), section 206 of
which added section 510(m) to the
FD&C Act, which was amended on
December 13, 2016, by the 21st Century
Cures Act (Pub. L. 114–255). Section
510(m)(1) of the FD&C Act requires FDA
to publish in the Federal Register a
notice that contains a list of each type
of class II device that does not require
a report under section 510(k) of the
FD&C Act to provide reasonable
assurance of safety and effectiveness of
the device. Section 510(m) of the FD&C
Act further provides that a 510(k) will
no longer be required for these devices
upon the date of publication of the list
in the Federal Register. FDA published
that list in the Federal Register of
January 21, 1998 (63 FR 3142).
Section 510(m)(2) of the FD&C Act
provides that FDA may exempt a device
from 510(k) requirements on its own
initiative, or upon petition of an
interested person, if FDA determines
that a 510(k) is not necessary to assure
the safety and effectiveness of the
device. This section requires FDA to
publish in the Federal Register a notice
of intent to exempt a device, or of the
petition, and to provide a 60-calendarday period for public comment. Within
120 days after the issuance of the notice,
FDA shall publish an order in the
Federal Register setting forth the final
determination regarding the exemption
of the device that was the subject of the
notice. If FDA fails to respond to a
petition under this section within 180
days of receiving it, the petition shall be
deemed granted.
II. Criteria for Exemption
There are a number of factors FDA
may consider to determine whether a
510(k) is necessary to assure the safety
and effectiveness of a class II device.
These factors are discussed in the
guidance that the Agency issued on
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]]>Agencies
[Federal Register Volume 85, Number 9 (Tuesday, January 14, 2020)]
[Rules and Regulations]
[Pages 2016-2018]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00239]
=======================================================================
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 250 and 385
[Docket No. RM20-2-000; Order No. 865]
Civil Monetary Penalty Inflation Adjustments
AGENCY: Federal Energy Regulatory Commission, Department of Energy.
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 14, 2020.
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:
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\
---------------------------------------------------------------------------
\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
2019 adjustment on January 8, 2019, in Docket No. RM19-9-000. See
Civil Monetary Penalty Inflation Adjustments, Order No. 853, 84 FR
966 (Feb. 1, 2019), FERC Stats. & Regs. ] 31,408 (2019).
---------------------------------------------------------------------------
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\ 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\
---------------------------------------------------------------------------
\9\ 28 U.S.C. 2461 note, at (5)(b)(1).
---------------------------------------------------------------------------
The CPI-U for October 2019 exceeded the CPI-U for October 2018 by
1.764 percent.\10\
---------------------------------------------------------------------------
\10\ See, e.g., Memorandum from Russell T. Vought, 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 (Dec. 16, 2019).
---------------------------------------------------------------------------
5. The second step requires multiplying the CPI-U percentage
increase by the applicable existing maximum civil monetary penalty.\11\
[[Page 2017]]
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
Source civil monetary maximum civil
penalty monetary penalty
------------------------------------------------------------------------
16 U.S.C. 825o-1(b), Sec. 316A $1,269,500 per $1,291,894 per
of the Federal Power Act. violation, per violation, per
day. day.
16 U.S.C. 823b(c), Sec. 31(c) of $22,927 per $23,331 per
the Federal Power Act. violation, per violation, per
day. day.
16 U.S.C. 825n(a), Sec. 315(a) $2,994 per $3,047 per
of the Federal Power Act. violation. violation.
15 U.S.C. 717t-1, Sec. 22 of the $1,269,500 per $1,291,894 per
Natural Gas Act. violation, per violation, per
day. day.
15 U.S.C. 3414(b)(6)(A)(i), Sec. $1,269,500 per $1,291,894 per
504(b)(6)(A)(i) of the Natural violation, per violation, per
Gas Policy Act of 1978. day. day.
49 App. U.S.C. 6(10) (1988), $1,329 per offense $1,352 per offense
Sec. 6(10) of the Interstate and $67 per day and $68 per day
Commerce Act. after the first after the first
day. day.
49 App. U.S.C. 16(8) (1988), $13,291 per $13,525 per
Sec. 16(8) of the Interstate violation, per violation, per
Commerce Act. day. day.
49 App. U.S.C. 19a(k) (1988), $1,329 per $1,352 per
Sec. 19a(k) of the Interstate offense, per day. offense, per day.
Commerce Act.
49 App. U.S.C. 20(7)(a) (1988), $1,329 per $1,352 per
Sec. 20(7)(a) of the Interstate offense, per day. offense, per day.
Commerce Act.
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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].
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 2, 2020.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
In consideration of the foregoing, the Commission amends parts 250
and 385, chapter I, title 18, Code of Federal Regulations as follows:
[[Page 2018]]
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 of this chapter, this section, 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 $1,291,894 for any one
violation.
* * * * *
PART 385--RULES OF PRACTICE AND PROCEDURE
0
3. The authority citation for part 385 is revised 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 $23,331 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:
$1,291,894.
(b) 16 U.S.C. 823b(c), Federal Power Act: $23,331 per day.
(c) 16 U.S.C. 825n(a), Federal Power Act: $3,047.
(d) 16 U.S.C. 825o-1(b), Federal Power Act: $1,291,894 per day.
(e) 15 U.S.C. 717t-1, Natural Gas Act: $1,291,894 per day.
(f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,352
per offense and $68 per day after the first day.
(g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $13,525
per day.
(h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,352
per day.
(i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,352
per day.
[FR Doc. 2020-00239 Filed 1-13-20; 8:45 am]
BILLING CODE 6717-01-P
