Adjustment of Civil Penalties for Inflation, 1991-1992 [2023-00499]

Download as PDF Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations document via the internet through the Commission’s Home Page (https:// www.ferc.gov). At this time, the Commission has suspended access to 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 APA,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. khammond on DSKJM1Z7X2PROD with RULES 18 CFR Part 385 Administrative practice and procedure, Electric power, Penalties, Pipelines, Reporting and recordkeeping requirements. By the Commission. 18 5 U.S.C. 553(d)(3). VerDate Sep<11>2014 16:10 Jan 11, 2023 Jkt 259001 Issued: January 6, 2023. Debbie-Anne A. Reese, 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 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 $1,496,035 for any one violation. * * * * * PART 385—RULES OF PRACTICE AND PROCEDURE 3. The authority citation for part 385 continues to read as follows: ■ Authority: 5 U.S.C. 551–557; 15 U.S.C. 717–717w, 3301–3432; 16 U.S.C. 791a–825v, 2601–2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42 U.S.C. 7101–7352, 16441, 16451– 16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note (2015). 4. Revise § 385.1504(a) to read as follows: ■ § 385.1504 1504). Maximum civil penalty (Rule (a) Except as provided in paragraph (b) of this section, the Commission may assess a civil penalty of up to $27,017 for each day that the violation continues. * * * * * ■ 5. Revise § 385.1602 to read as follows: § 385.1602 Civil penalties, as adjusted (Rule 1602). The current inflation-adjusted civil monetary penalties provided by law within the jurisdiction of the Commission are: PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 1991 (a) 15 U.S.C. 3414(b)(6)(A)(i), Natural Gas Policy Act of 1978: $1,496,035. (b) 16 U.S.C. 823b(c), Federal Power Act: $27,017 per day. (c) 16 U.S.C. 825n(a), Federal Power Act: $3,529. (d) 16 U.S.C. 825o–1(b), Federal Power Act: $1,496,035 per day. (e) 15 U.S.C. 717t–1, Natural Gas Act: $1,496,035 per day. (f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,566 per offense and $73 per day after the first day. (g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $15,662 per day. (h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,566 per day. (i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,566 per day. [FR Doc. 2023–00513 Filed 1–11–23; 8:45 am] BILLING CODE 6717–01–P PENSION BENEFIT GUARANTY CORPORATION 29 CFR Parts 4071 and 4302 RIN 1212–AB45 Adjustment of Civil Penalties for Inflation Pension Benefit Guaranty Corporation. ACTION: Final rule. AGENCY: The Pension Benefit Guaranty Corporation is required to amend its regulations annually to adjust for inflation the maximum civil penalty for failure to provide certain notices or other material information and for failure to provide certain multiemployer plan notices. DATES: Effective date: This rule is effective on January 12, 2023. Applicability date: The increases in the civil monetary penalties under sections 4071 and 4302 of the Employee Retirement Income Security Act provided for in this rule apply to such penalties assessed after January 12, 2023. SUMMARY: FOR FURTHER INFORMATION CONTACT: Melissa Rifkin (rifkin.melissa@ pbgc.gov), Attorney, Regulatory Affairs Division, Pension Benefit Guaranty Corporation, 445 12th Street SW, Washington, DC 20024–2101; 202–229– 6563. If you are deaf or hard of hearing or have a speech disability, please dial 7–1–1 to access telecommunications relay services. E:\FR\FM\12JAR1.SGM 12JAR1 1992 Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations SUPPLEMENTARY INFORMATION: Adjustment of Civil Penalties Executive Summary On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,2 which requires agencies to adjust civil monetary penalties for inflation and to publish the adjustments in the Federal Register. An initial adjustment was required to be made by interim final rule published by July 1, 2016, and effective by August 1, 2016. Subsequent adjustments must be published by January 15 each year after 2016. On December 15, 2022, the Office of Management and Budget issued memorandum M–23–05 on implementation of the 2023 annual inflation adjustment pursuant to the 2015 act.3 The memorandum provides agencies with the cost-of-living adjustment multiplier for 2023, which is based on the Consumer Price Index (CPI–U) for the month of October 2022, not seasonally adjusted. The multiplier for 2023 is 1.07745. The adjusted maximum amounts are $2,586 for section 4071 penalties and $345 for section 4302 penalties. Purpose of the Regulatory Action This rule is needed to carry out the requirements of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget guidance M– 23–05. The rule adjusts, as required for 2023, the maximum civil penalties under 29 CFR parts 4071 and 4302 that the Pension Benefit Guaranty Corporation (PBGC) may assess for failure to provide certain notices or other material information and certain multiemployer plan notices. PBGC’s legal authority for this action comes from the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and from sections 4002(b)(3), 4071, and 4302 of the Employee Retirement Income Security Act of 1974 (ERISA). Major Provisions of the Regulatory Action This rule adjusts as required by law the maximum civil penalties that PBGC may assess under sections 4071 and 4302 of ERISA. The new maximum amounts are $2,586 for section 4071 penalties and $345 for section 4302 penalties. Background khammond on DSKJM1Z7X2PROD with RULES PBGC administers title IV of ERISA. Title IV has two provisions that authorize PBGC to assess civil monetary penalties.1 Section 4302, added to ERISA by the Multiemployer Pension Plan Amendments Act of 1980, authorizes PBGC to assess a civil penalty of up to $100 a day for failure to provide a notice under subtitle E of title IV of ERISA (dealing with multiemployer plans). Section 4071, added to ERISA by the Omnibus Budget Reconciliation Act of 1987, authorizes PBGC to assess a civil penalty of up to $1,000 a day for failure to provide a notice or other material information under subtitles A, B, and C of title IV and sections 303(k)(4) and 306(g)(4) of title I of ERISA. 1 Under the Federal Civil Penalties Inflation Adjustment Act of 1990, a penalty is a civil monetary penalty if (among other things) it is for a specific monetary amount or has a maximum amount specified by Federal law. Title IV also provides (in section 4007) for penalties for late payment of premiums, but those penalties are neither in a specified amount nor subject to a specified maximum amount. VerDate Sep<11>2014 16:10 Jan 11, 2023 Jkt 259001 Compliance With Regulatory Requirements The Office of Management and Budget has determined that this rule is not a ‘‘significant regulatory action’’ under Executive Order 12866 and therefore not subject to its review. The Office of Management and Budget also has determined that notice and public comment on this final rule are unnecessary because the adjustment of civil penalties implemented in the rule is required by law. See 5 U.S.C. 553(b). Because no general notice of proposed rulemaking is required for this rule, the Regulatory Flexibility Act of 1980 does not apply. See 5 U.S.C. 601(2). List of Subjects § 4071.3 [Amended] 2. In § 4071.3, remove the number ‘‘$2,400’’ and add in its place the number ‘‘$2,586’’. ■ PART 4302—PENALTIES FOR FAILURE TO PROVIDE CERTAIN MULTIEMPLOYER PLAN NOTICES 3. The authority citation for part 4302 continues to read as follows: ■ Authority: 28 U.S.C. 2461 note, as amended by sec. 701, Pub. L. 114–74, 129 Stat. 599–601; 29 U.S.C. 1302(b)(3), 1452. § 4302.3 [Amended] 4. In § 4302.3, remove the number ‘‘$320’’ and add its place the number ‘‘$345’’. ■ Issued in Washington, DC. Gordon Hartogensis, Director, Pension Benefit Guaranty Corporation. [FR Doc. 2023–00499 Filed 1–11–23; 8:45 am] BILLING CODE 7709–02–P DEPARTMENT OF DEFENSE Office of the Secretary 32 CFR Part 199 [Docket ID: DoD–2021–HA–0015] RIN 0720–AB85 Expanding TRICARE Access to Care in Response to the COVID–19 Pandemic Department of Defense. Interim final rule with request for comments. The Assistant Secretary of Defense for Health Affairs (ASD(HA)) issues this interim final rule (IFR) with comment to modify the TRICARE regulation by adding freestanding End Stage Renal Disease (ESRD) facilities as a category of TRICARE-authorized institutional provider and establishing reimbursement for such facilities and by temporarily adopting Medicare’s New Coronavirus Disease 2019 (COVID–19) Treatments Add-on Payments (NCTAPs). SUMMARY: 29 CFR Part 4302 Penalties. In consideration of the foregoing, PBGC amends 29 CFR parts 4071 and 4302 as follows: 2 Sec. 701, Public Law 114–74, 129 Stat. 599–601 (Bipartisan Budget Act of 2015). 3 See M–23–05, Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, https:// www.whitehouse.gov/wp-content/uploads/2022/12/ M-23-05-CMP-CMP-Guidance.pdf. Fmt 4700 Authority: 28 U.S.C. 2461 note, as amended by sec. 701, Pub. L. 114–74, 129 Stat. 599–601; 29 U.S.C. 1302(b)(3), 1371. ACTION: Penalties. Frm 00020 1. The authority citation for part 4071 continues to read as follows: ■ AGENCY: 29 CFR Part 4071 PO 00000 PART 4071—PENALTIES FOR FAILURE TO PROVIDE CERTAIN NOTICES OR OTHER MATERIAL INFORMATION Sfmt 4700 DATES: E:\FR\FM\12JAR1.SGM 12JAR1

Agencies

Pension Benefit Guaranty Corporation

[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Rules and Regulations]
[Pages 1991-1992]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00499]


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PENSION BENEFIT GUARANTY CORPORATION

29 CFR Parts 4071 and 4302

RIN 1212-AB45


Adjustment of Civil Penalties for Inflation

AGENCY: Pension Benefit Guaranty Corporation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Pension Benefit Guaranty Corporation is required to amend 
its regulations annually to adjust for inflation the maximum civil 
penalty for failure to provide certain notices or other material 
information and for failure to provide certain multiemployer plan 
notices.

DATES: 
    Effective date: This rule is effective on January 12, 2023.
    Applicability date: The increases in the civil monetary penalties 
under sections 4071 and 4302 of the Employee Retirement Income Security 
Act provided for in this rule apply to such penalties assessed after 
January 12, 2023.

FOR FURTHER INFORMATION CONTACT: Melissa Rifkin 
([email protected]), Attorney, Regulatory Affairs Division, 
Pension Benefit Guaranty Corporation, 445 12th Street SW, Washington, 
DC 20024-2101; 202-229-6563. If you are deaf or hard of hearing or have 
a speech disability, please dial 7-1-1 to access telecommunications 
relay services.

[[Page 1992]]


SUPPLEMENTARY INFORMATION: 

Executive Summary

Purpose of the Regulatory Action

    This rule is needed to carry out the requirements of the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and 
Office of Management and Budget guidance M-23-05. The rule adjusts, as 
required for 2023, the maximum civil penalties under 29 CFR parts 4071 
and 4302 that the Pension Benefit Guaranty Corporation (PBGC) may 
assess for failure to provide certain notices or other material 
information and certain multiemployer plan notices.
    PBGC's legal authority for this action comes from the Federal Civil 
Penalties Inflation Adjustment Act of 1990 as amended by the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and 
from sections 4002(b)(3), 4071, and 4302 of the Employee Retirement 
Income Security Act of 1974 (ERISA).

Major Provisions of the Regulatory Action

    This rule adjusts as required by law the maximum civil penalties 
that PBGC may assess under sections 4071 and 4302 of ERISA. The new 
maximum amounts are $2,586 for section 4071 penalties and $345 for 
section 4302 penalties.

Background

    PBGC administers title IV of ERISA. Title IV has two provisions 
that authorize PBGC to assess civil monetary penalties.\1\ Section 
4302, added to ERISA by the Multiemployer Pension Plan Amendments Act 
of 1980, authorizes PBGC to assess a civil penalty of up to $100 a day 
for failure to provide a notice under subtitle E of title IV of ERISA 
(dealing with multiemployer plans). Section 4071, added to ERISA by the 
Omnibus Budget Reconciliation Act of 1987, authorizes PBGC to assess a 
civil penalty of up to $1,000 a day for failure to provide a notice or 
other material information under subtitles A, B, and C of title IV and 
sections 303(k)(4) and 306(g)(4) of title I of ERISA.
---------------------------------------------------------------------------

    \1\ Under the Federal Civil Penalties Inflation Adjustment Act 
of 1990, a penalty is a civil monetary penalty if (among other 
things) it is for a specific monetary amount or has a maximum amount 
specified by Federal law. Title IV also provides (in section 4007) 
for penalties for late payment of premiums, but those penalties are 
neither in a specified amount nor subject to a specified maximum 
amount.
---------------------------------------------------------------------------

Adjustment of Civil Penalties

    On November 2, 2015, the President signed into law the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015,\2\ 
which requires agencies to adjust civil monetary penalties for 
inflation and to publish the adjustments in the Federal Register. An 
initial adjustment was required to be made by interim final rule 
published by July 1, 2016, and effective by August 1, 2016. Subsequent 
adjustments must be published by January 15 each year after 2016.
---------------------------------------------------------------------------

    \2\ Sec. 701, Public Law 114-74, 129 Stat. 599-601 (Bipartisan 
Budget Act of 2015).
---------------------------------------------------------------------------

    On December 15, 2022, the Office of Management and Budget issued 
memorandum M-23-05 on implementation of the 2023 annual inflation 
adjustment pursuant to the 2015 act.\3\ The memorandum provides 
agencies with the cost-of-living adjustment multiplier for 2023, which 
is based on the Consumer Price Index (CPI-U) for the month of October 
2022, not seasonally adjusted. The multiplier for 2023 is 1.07745. The 
adjusted maximum amounts are $2,586 for section 4071 penalties and $345 
for section 4302 penalties.
---------------------------------------------------------------------------

    \3\ See M-23-05, Implementation of Penalty Inflation Adjustments 
for 2023, Pursuant to the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015, https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-05-CMP-CMP-Guidance.pdf.
---------------------------------------------------------------------------

Compliance With Regulatory Requirements

    The Office of Management and Budget has determined that this rule 
is not a ``significant regulatory action'' under Executive Order 12866 
and therefore not subject to its review.
    The Office of Management and Budget also has determined that notice 
and public comment on this final rule are unnecessary because the 
adjustment of civil penalties implemented in the rule is required by 
law. See 5 U.S.C. 553(b).
    Because no general notice of proposed rulemaking is required for 
this rule, the Regulatory Flexibility Act of 1980 does not apply. See 5 
U.S.C. 601(2).

List of Subjects

29 CFR Part 4071

    Penalties.

29 CFR Part 4302

    Penalties.

    In consideration of the foregoing, PBGC amends 29 CFR parts 4071 
and 4302 as follows:

PART 4071--PENALTIES FOR FAILURE TO PROVIDE CERTAIN NOTICES OR 
OTHER MATERIAL INFORMATION

0
1. The authority citation for part 4071 continues to read as follows:

    Authority: 28 U.S.C. 2461 note, as amended by sec. 701, Pub. L. 
114-74, 129 Stat. 599-601; 29 U.S.C. 1302(b)(3), 1371.


Sec.  4071.3   [Amended]

0
2. In Sec.  4071.3, remove the number ``$2,400'' and add in its place 
the number ``$2,586''.

PART 4302--PENALTIES FOR FAILURE TO PROVIDE CERTAIN MULTIEMPLOYER 
PLAN NOTICES

0
3. The authority citation for part 4302 continues to read as follows:

    Authority: 28 U.S.C. 2461 note, as amended by sec. 701, Pub. L. 
114-74, 129 Stat. 599-601; 29 U.S.C. 1302(b)(3), 1452.


Sec.  4302.3   [Amended]

0
4. In Sec.  4302.3, remove the number ``$320'' and add its place the 
number ``$345''.

    Issued in Washington, DC.
Gordon Hartogensis,
Director, Pension Benefit Guaranty Corporation.
[FR Doc. 2023-00499 Filed 1-11-23; 8:45 am]
BILLING CODE 7709-02-P

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