Civil Monetary Penalty Inflation Adjustments, 8131-8133 [2021-00679]
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Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
agricultural land easement by the
eligible entity;
*
*
*
*
*
(iii) Where the amounts as identified
in paragraphs (b)(2)(i) and (ii) of this
section are not sufficient to meet the
non-Federal share amount, the eligible
entity may also include the procured
costs paid by the eligible entity to a
third-party for an appraisal, boundary
survey, phase-I environmental site
assessment, title commitment or report,
title insurance, baseline reports, mineral
assessments, or closing cost; and
(iv) Where the amounts as identified
in paragraphs (b)(2)(i) through (iii) of
this section are not sufficient to meet
the non-Federal share amount, the
eligible entity may also include up to 2
percent of the fair market value of the
agricultural land easement for easement
stewardship and monitoring costs
provided by the eligible entity.
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■ 8. In § 1468.25 revise paragraphs (c)
and (d)(4) to read as follows:
§ 1468.25
deeds.
Agricultural land easement
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(c) The eligible entity may use its own
terms and conditions in the agricultural
land easement deed, but the agricultural
land easement deed must provide for
the effective administration,
management, and enforcement of the
agricultural land easement by the
eligible entity or its successors and
assigns and must address the deed
requirements as specified by this part
and by NRCS in the ALE-agreement.
(d) * * *
(4) Include clauses requiring that any
changes to the easement deed or
easement area made after easement
recordation, including any amendment
to the easement deed, any subordination
of the terms of the easement, or any
modifications, exchanges, or
terminations of some or all of the
easement area, must be consistent with
the purposes of the agricultural land
easement and this part and must be
approved by NRCS and the easement
holder in accordance with § 1468.6 prior
to recordation or else the action is null
and void.
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§ 1468.26
[Amended]
9. Amend § 1468.26 in paragraph
(b)(1) by removing the words ‘‘up to’’
and adding ‘‘a minimum of’’ in their
place and adding ‘‘and not to exceed 7
fiscal years’’ after the words ‘‘5 fiscal
years’’.
a. In paragraph (c)(1), add the words
‘‘the purchase of the land’’ after the
word ‘‘completed’’;
■ b. In paragraphs (c)(3)(ii) and (c)(4),
add the words ‘‘of the land’’ after the
word ‘‘value’’;
■ b. Redesignate paragraphs (e)(4)(iii)
and (iv) as paragraphs (e)(4)(iv) and (v);
■ c. Add a new paragraph (e)(4)(iii).
The addition reads as follows:
■
§ 1468.27
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(e) * * *
(4) * * *
(iii) The Federal share for the
agricultural land easement will be
provided on a reimbursable basis only,
after the agricultural land easement has
closed and the required documents have
been provided to and reviewed by
NRCS.
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*
11. Amend § 1468.28 as follows:
■ a. Revise paragraph (c); and
■ b. In paragraph (f), add the words ‘‘in
whole or in in part,’’ immediately after
the word ‘‘terminated’’.
The revision reads as follows:
■
Violations and remedies.
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(c) Notwithstanding paragraph (a) of
this section, NRCS reserves the right to
enter upon and inspect the easement
area if the annual monitoring report
provided by the agricultural land
easement holder documenting
compliance with the agricultural land
easement is insufficient or is not
provided annually, the United States
has a reasonable and articulable belief
that the terms and conditions of the
easement have been violated, or to
remedy deficiencies or easement
violations as it relates to the
conservation plan in accordance with 7
CFR part 12. Prior to its inspection,
NRCS will notify the agricultural land
easement holder and the landowner and
provide a reasonable opportunity for the
agricultural land easement holder and
the landowner to participate in the
inspection.
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*
Subpart C—Wetland Reserve
Easements
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■
10. Amend § 1468.27 as follows:
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[Amended]
12. Amend § 1468.32 in paragraph
(c)(2) by adding the words ‘‘or land
under a CRP contract that is in
transition to a covered farmer or rancher
pursuant to 16 U.S.C. 3835(f), and such
■
PO 00000
Terry Cosby,
Acting Chief, Natural Resources Conservation
Service.
Robert Stephenson,
Executive Vice President, Commodity Credit
Corporation.
[FR Doc. 2021–02268 Filed 2–3–21; 8:45 am]
BILLING CODE 3410–16–P
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DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Parts 250 and 385
[Docket No. RM21–8–000; Order No. 875]
Civil Monetary Penalty Inflation
Adjustments
Federal Energy Regulatory
Commission, Department of Energy
(DOE).
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 4, 2021.
FOR FURTHER INFORMATION CONTACT:
Todd Hettenbach, Attorney, Office of
Enforcement, Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426. Phone: (202)
502–8794; email: Todd.Hettenbach@
ferc.gov.
SUMMARY:
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
■
§ 1468.32
land’’ immediately after the word
‘‘application’’.
Buy-Protect-Sell transactions.
*
§ 1468.28
8131
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
1 Public
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Law 114–74, Sec. 701, 129 Stat. 584, 599.
04FER1
8132
Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
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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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 2020 exceeded the
CPI–U for October 2019 by 1.182%.10
5. The second step requires
multiplying the CPI–U percentage
increase by the applicable existing
maximum civil monetary penalty.11
This step results in a base penalty
increase amount.
6. The third step requires rounding
the base penalty increase amount to the
nearest dollar and adding that amount
to the base penalty to calculate the new
adjusted maximum civil monetary
penalty.12
7. Under the 2015 Adjustment Act, an
agency is directed to use the maximum
civil monetary penalty applicable at the
time of assessment of a civil penalty,
regardless of the date on which the
violation occurred.13
8. The adjustments that the
Commission is required to make
pursuant to the 2015 Adjustment Act
are reflected in the following table:
New adjusted maximum civil monetary
penalty
Source
Existing maximum civil monetary penalty
16 U.S.C. 825o–1(b), Sec. 316A of the Federal Power
Act.
16 U.S.C. 823b(c), Sec. 31(c) of the Federal Power Act
16 U.S.C. 825n(a), Sec. 315(a) of the Federal Power
Act.
15 U.S.C. 717t–1, Sec. 22 of the Natural Gas Act ..........
15 U.S.C. 3414(b)(6)(A)(i), Sec. 504(b)(6)(A)(i) of the
Natural Gas Policy Act of 1978.
49 App. U.S.C. 6(10) (1988), Sec. 6(10) of the Interstate
Commerce Act.
49 App. U.S.C. 16(8) (1988), Sec. 16(8) of the Interstate
Commerce Act.
49 App. U.S.C. 19a(k) (1988), Sec. 19a(k) of the Interstate Commerce Act.
49 App. U.S.C. 20(7)(a) (1988), Sec. 20(7)(a) of the
Interstate Commerce Act.
$1,291,894 per violation, per day .............
$1,307,164 per violation, per day.
$23,331 per violation, per day ..................
$3,047 per violation ..................................
$23,607 per violation, per day.
$3,083 per violation.
$1,291,894 per violation, per day .............
$1,291,894 per violation, per day .............
$1,307,164 per violation, per day.
$1,307,164 per violation, per day.
$1,352 per offense and $68 per day after
the first day.
$13,525 per violation, per day ..................
$1,368 per offense and $69 per day after
the first day.
$13,685 per violation, per day.
$1,352 per offense, per day .....................
$1,368 per offense, per day.
$1,352 per offense, per day .....................
$1,368 per offense, per day.
III. Administrative Findings
IV. Regulatory Flexibility Statement
V. Paperwork Reduction Act
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.
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.
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
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 2020 adjustment on January 2,
2020, in Docket No. RM20–2–000. See Civil
Monetary Penalty Inflation Adjustments, Order No.
865, 85 FR 2016 (Jan. 14, 2020), 170 FERC ¶ 61,001
(2020).
4 28 U.S.C. note at (3).
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5 16
U.S.C. 791a et seq.
U.S.C. 717 et seq.
7 15 U.S.C. 3301 et seq.
8 49 App. U.S.C. 1 et seq. (1988).
9 28 U.S.C. 2461 note at (5)(b)(1).
10 See, e.g., Memorandum from Russell T. Vought,
Office of Management and Budget, Implementation
of the Penalty Inflation Adjustments for 2021,
Pursuant to the Federal Civil Penalties Inflation
6 15
PO 00000
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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). At this time, the
Commission has suspended access to
Adjustment Act Improvements Act of 2015 (Dec. 23,
2020).
11 28 U.S.C. 2461 note at (5)(a).
12 Id.
13 Id. at (6).
14 Id. at (3)(b)(2).
15 5 U.S.C. 601 et seq.
16 5 U.S.C. 603, 604.
17 44 U.S.C. 3507(d).
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Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations
the Commission’s Public Reference
Room due to the President’s March 13,
2020 proclamation declaring a National
Emergency concerning the Novel
Coronavirus Disease (COVID–19).
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.
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.
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. Revise § 250.16(e)(1) to read as
follows:
■
§ 250.16 Format of compliance plan for
transportation services and affiliate
transactions.
*
*
*
*
*
(e) * * *
(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 $1,307,164 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:
■
List of Subjects
§ 385.1504
1504).
18 CFR Part 250
(a) Except as provided in paragraph
(b) of this section, the Commission may
assess a civil penalty of up to $23,607
for each day that the violation
continues.
*
*
*
*
*
■ 5. Revise § 385.1602 to read as
follows:
Natural gas, Reporting and
recordkeeping requirements.
18 CFR Part 385
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Issued: January 8, 2021.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
Administrative practice and
procedure, Electric power, Penalties,
Pipelines, Reporting and recordkeeping
requirements.
By the Commission. Commissioner
Clements is not participating. Commissioner
Christie is not participating.
18 5
U.S.C. 553(d)(3).
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Maximum civil penalty (Rule
§ 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:
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8133
(a) 15 U.S.C. 3414(b)(6)(A)(i), Natural
Gas Policy Act of 1978: $1,307,164.
(b) 16 U.S.C. 823b(c), Federal Power
Act: $23,607 per day.
(c) 16 U.S.C. 825n(a), Federal Power
Act: $3,083.
(d) 16 U.S.C. 825o–1(b), Federal
Power Act: $1,307,164 per day.
(e) 15 U.S.C. 717t–1, Natural Gas Act:
$1,307,164 per day.
(f) 49 App. U.S.C. 6(10) (1988),
Interstate Commerce Act: $1,368 per
offense and $69 per day after the first
day.
(g) 49 App. U.S.C. 16(8) (1988),
Interstate Commerce Act: $13,685 per
day.
(h) 49 App. U.S.C. 19a(k) (1988),
Interstate Commerce Act: $1,368 per
day.
(i) 49 App. U.S.C. 20(7)(a) (1988),
Interstate Commerce Act: $1,368 per
day.
[FR Doc. 2021–00679 Filed 2–3–21; 8:45 am]
BILLING CODE 6717–01–P
DEPARTMENT OF ENERGY
Federal Energy Regulatory
Commission
18 CFR Part 292
[Docket Nos. RM21–2–000 and RM20–20–
000; Order No. 874]
Fuel Cell Thermal Energy Output;
Bloom Energy Corporation
Federal Energy Regulatory
Commission, Department of Energy.
ACTION: Final rule.
AGENCY:
In this final rule, the Federal
Energy Regulatory Commission amends
the definition of useful thermal energy
output in its regulations implementing
the Public Utility Regulatory Policies
Act of 1978 to recognize the technical
evolution of cogeneration.
DATES: This rule is effective April 5,
2021.
SUMMARY:
FOR FURTHER INFORMATION CONTACT:
Lawrence R. Greenfield (Legal
Information), Office of the General
Counsel, Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–
6415, lawrence.greenfield@ferc.gov
Helen Shepherd (Technical
Information), Office of Energy Market
Regulation, Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426, (202) 502–
6176, helen.shepherd@ferc.gov
Thomas Dautel (Technical Information),
Office of Energy Policy and
Innovation, Federal Energy Regulatory
E:\FR\FM\04FER1.SGM
04FER1
]]>Agencies
[Federal Register Volume 86, Number 22 (Thursday, February 4, 2021)]
[Rules and Regulations]
[Pages 8131-8133]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00679]
=======================================================================
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DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 250 and 385
[Docket No. RM21-8-000; Order No. 875]
Civil Monetary Penalty Inflation Adjustments
AGENCY: Federal Energy Regulatory Commission, Department of Energy
(DOE).
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 February 4, 2021.
FOR FURTHER INFORMATION CONTACT: Todd Hettenbach, Attorney, Office of
Enforcement, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Phone: (202) 502-8794; email:
[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
[[Page 8132]]
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\ Public Law 114-74, Sec. 701, 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
2020 adjustment on January 2, 2020, in Docket No. RM20-2-000. See
Civil Monetary Penalty Inflation Adjustments, Order No. 865, 85 FR
2016 (Jan. 14, 2020), 170 FERC ] 61,001 (2020).
---------------------------------------------------------------------------
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\ 28 U.S.C. note at (3).
\5\ 16 U.S.C. 791a et seq.
\6\ 15 U.S.C. 717 et seq.
\7\ 15 U.S.C. 3301 et seq.
\8\ 49 App. U.S.C. 1 et seq. (1988).
---------------------------------------------------------------------------
4. Under the 2015 Adjustment Act, the first step for such
adjustment of a civil monetary penalty for inflation requires
determining the percentage by which the U.S. Department of Labor's
Consumer Price Index for all-urban consumers (CPI-U) for October of the
preceding year exceeds the CPI-U for October of the year before
that.\9\ The CPI-U for October 2020 exceeded the CPI-U for October 2019
by 1.182%.\10\
---------------------------------------------------------------------------
\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 2021, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Dec. 23, 2020).
---------------------------------------------------------------------------
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\ 28 U.S.C. 2461 note at (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. at (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 $1,291,894 per $1,307,164 per
of the Federal Power Act. violation, per violation, per
day. day.
16 U.S.C. 823b(c), Sec. 31(c) of $23,331 per $23,607 per
the Federal Power Act. violation, per violation, per
day. day.
16 U.S.C. 825n(a), Sec. 315(a) $3,047 per $3,083 per
of the Federal Power Act. violation. violation.
15 U.S.C. 717t-1, Sec. 22 of the $1,291,894 per $1,307,164 per
Natural Gas Act. violation, per violation, per
day. day.
15 U.S.C. 3414(b)(6)(A)(i), Sec. $1,291,894 per $1,307,164 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), $1,352 per offense $1,368 per offense
Sec. 6(10) of the Interstate and $68 per day and $69 per day
Commerce Act. after the first after the first
day. day.
49 App. U.S.C. 16(8) (1988), $13,525 per $13,685 per
Sec. 16(8) of the Interstate violation, per violation, per
Commerce Act. day. day.
49 App. U.S.C. 19a(k) (1988), $1,352 per $1,368 per
Sec. 19a(k) of the Interstate offense, per day. offense, per day.
Commerce Act.
49 App. U.S.C. 20(7)(a) (1988), $1,352 per $1,368 per
Sec. 20(7)(a) of the Interstate offense, per day. offense, per day.
Commerce Act.
------------------------------------------------------------------------
III. Administrative Findings
9. Congress directed that agencies issue final rules to adjust
their maximum civil monetary penalties notwithstanding the requirements
of the Administrative Procedure Act (APA).\14\ Because the Commission
is required by law to undertake these inflation adjustments
notwithstanding the notice and comment requirements that otherwise
would apply pursuant to the APA, and because the Commission lacks
discretion with respect to the method and amount of the adjustments,
prior notice and comment would be impractical, unnecessary, and
contrary to the public interest.
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\14\ Id. at (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). At
this time, the Commission has suspended access to
[[Page 8133]]
the Commission's Public Reference Room due to the President's March 13,
2020 proclamation declaring a National Emergency concerning the Novel
Coronavirus Disease (COVID-19).
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. Commissioner Clements is not participating.
Commissioner Christie is not participating.
Issued: January 8, 2021.
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:
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. Revise Sec. 250.16(e)(1) to read as follows:
Sec. 250.16 Format of compliance plan for transportation services and
affiliate transactions.
* * * * *
(e) * * *
(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 $1,307,164 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 $23,607 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:
$1,307,164.
(b) 16 U.S.C. 823b(c), Federal Power Act: $23,607 per day.
(c) 16 U.S.C. 825n(a), Federal Power Act: $3,083.
(d) 16 U.S.C. 825o-1(b), Federal Power Act: $1,307,164 per day.
(e) 15 U.S.C. 717t-1, Natural Gas Act: $1,307,164 per day.
(f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,368
per offense and $69 per day after the first day.
(g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $13,685
per day.
(h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,368
per day.
(i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,368
per day.
[FR Doc. 2021-00679 Filed 2-3-21; 8:45 am]
BILLING CODE 6717-01-P
