Civil Monetary Penalty Inflation Adjustments, 1989-1991 [2023-00513]
Download as PDF
<![CDATA[
Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations
Minimums and/or ODPs as identified in
the amendatory language for Part 97 of
this final rule.
khammond on DSKJM1Z7X2PROD with RULES
The Rule
This amendment to 14 CFR part 97 is
effective upon publication of each
separate SIAP, Takeoff Minimums and
ODP as amended in the transmittal.
Some SIAP and Takeoff Minimums and
textual ODP amendments may have
been issued previously by the FAA in a
Flight Data Center (FDC) Notice to
Airmen (NOTAM) as an emergency
action of immediate flights safety
relating directly to published
aeronautical charts.
The circumstances that created the
need for some SIAP and Takeoff
Minimums and ODP amendments may
require making them effective in less
than 30 days. For the remaining SIAPs
and Takeoff Minimums and ODPs, an
effective date at least 30 days after
publication is provided.
Further, the SIAPs and Takeoff
Minimums and ODPs contained in this
amendment are based on the criteria
contained in the U.S. Standard for
Terminal Instrument Procedures
(TERPS). In developing these SIAPs and
Takeoff Minimums and ODPs, the
TERPS criteria were applied to the
conditions existing or anticipated at the
affected airports. Because of the close
and immediate relationship between
these SIAPs, Takeoff Minimums and
ODPs, and safety in air commerce, I find
that notice and public procedure under
5 U.S.C. 553(b) are impracticable and
contrary to the public interest and,
where applicable, under 5 U.S.C. 553(d),
good cause exists for making some
SIAPs effective in less than 30 days.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. It, therefore—(1) is not a
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
regulatory evaluation as the anticipated
impact is so minimal. For the same
reason, the FAA certifies that this
amendment will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
Lists of Subjects in 14 CFR Part 97
Air traffic control, Airports,
Incorporation by reference, Navigation
(air).
VerDate Sep<11>2014
16:10 Jan 11, 2023
Jkt 259001
Issued in Washington, DC, on December
23, 2022.
Thomas J. Nichols,
Aviation Safety, Flight Standards Service,
Manager, Standards Section, Flight
Procedures & Airspace Group, Flight
Technologies & Procedures Division.
Adoption of the Amendment
Accordingly, pursuant to the
authority delegated to me, Title 14,
Code of Federal Regulations, Part 97 (14
CFR part 97) is amended by
establishing, amending, suspending, or
removing Standard Instrument
Approach Procedures and/or Takeoff
Minimums and Obstacle Departure
Procedures effective at 0901 UTC on the
dates specified, as follows:
PART 97—STANDARD INSTRUMENT
APPROACH PROCEDURES
1. The authority citation for part 97
continues to read as follows:
■
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40106, 40113, 40114, 40120, 44502, 44514,
44701, 44719, 44721–44722.
1989
Houston, TX, KIAH, GLS RWY 26R, Amdt 2
Houston, TX, KIAH, GLS RWY 27, Amdt 2
Land O’Lakes, WI, KLNL, RNAV (GPS) RWY
14, Amdt 1
Land O’Lakes, WI, KLNL, RNAV (GPS) RWY
32, Amdt 1
Rescinded: On December 9, 2022 (87 FR
75466), the FAA published an Amendment
in Docket No. 31458, Amdt No. 4035, to Part
97 of the Federal Aviation Regulations under
section 97.20, 97.23, 97.25, 97.29, 97.35, and
97.37. The following entries for, Helena, MT,
effective December 29, 2022, is hereby
rescinded in its entirety:
Helena, MT, KHLN, COPTER VOR 258, OrigA
Helena, MT, KHLN, DIVIDE TWO, Graphic
DP
Helena, MT, KHLN, ILS Y OR LOC Y RWY
27, Amdt 4
Helena, MT, KHLN, ILS Z OR LOC Z RWY
27, Amdt 3
Helena, MT, KHLN, LOC BC–C, Amdt 6
Helena, MT, KHLN, Takeoff Minimums and
Obstacle DP, Amdt 10A
Helena, MT, KHLN, VOR–A, Amdt 16
Helena, MT, KHLN, VOR–B, Amdt 8
[FR Doc. 2022–28616 Filed 1–11–23; 8:45 am]
BILLING CODE 4910–13–P
2. Part 97 is amended to read as
follows:
DEPARTMENT OF ENERGY
Effective 26 January 2023
Burlington, VT, KBTV, ILS OR LOC RWY 15,
Amdt 25
Federal Energy Regulatory
Commission
Effective 23 February 2023
Mobile, AL, KBFM, ILS OR LOC RWY 32,
Amdt 4
Mobile, AL, KBFM, RNAV (GPS) RWY 14,
Amdt 3
Mobile, AL, KBFM, RNAV (GPS) RWY 18,
Amdt 3
Mobile, AL, KBFM, RNAV (GPS) RWY 32,
Amdt 3
Mobile, AL, KBFM, RNAV (GPS) RWY 36,
Amdt 3
Mobile, AL, KBFM, VOR RWY 14, Amdt 9
Washington, DC, KDCA, ILS OR LOC RWY
1, ILS RWY 1 (SA CAT I), ILS RWY 1 (CAT
II), Amdt 41D
Atlanta, GA, KATL, RNAV (RNP) Z RWY 8L,
Amdt 1A
Jackson, MI, KJXN, RNAV (GPS) RWY 14,
Amdt 2
Jackson, MI, KJXN, RNAV (GPS) RWY 25,
Amdt 1
Jackson, MI, KJXN, RNAV (GPS) RWY 32,
Amdt 1
Mexico, MO, KMYJ, LOC RWY 24, Amdt 1E
Wilmington, NC, KILM, RADAR 1, Amdt 7A,
CANCELED
Somerville, TN, KFYE, RNAV (GPS) RWY 1,
Orig-D
Somerville, TN, KFYE, RNAV (GPS) RWY 19,
Amdt 2D
Austin, TX, KEDC, RNAV (GPS) RWY 13,
Amdt 1
Austin, TX, KEDC, RNAV (GPS) RWY 31,
Amdt 2
Houston, TX, KIAH, GLS RWY 8L, Amdt 2
Houston, TX, KIAH, GLS RWY 8R, Amdt 2
Houston, TX, KIAH, GLS RWY 9, Amdt 1C
Houston, TX, KIAH, GLS RWY 26L, Amdt 2
18 CFR Parts 250 and 385
■
PO 00000
Frm 00017
Fmt 4700
Sfmt 4700
[Docket No. RM23–3–000; Order No. 886]
Civil Monetary Penalty Inflation
Adjustments
Federal Energy Regulatory
Commission.
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 12, 2023.
FOR FURTHER INFORMATION CONTACT:
Colin Chazen, Attorney, Office of
Enforcement, Federal Energy Regulatory
Commission, 888 First Street NE,
Washington, DC 20426. Phone: (202)
502–8732; email: Colin.Chazen@
ferc.gov.
SUPPLEMENTARY INFORMATION:
1. In this final rule, the Federal
Energy Regulatory Commission
SUMMARY:
E:\FR\FM\12JAR1.SGM
12JAR1
1990
Federal Register / Vol. 88, No. 8 / Thursday, January 12, 2023 / Rules and Regulations
(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
II. Discussion
3. The 2015 Adjustment Act defines a
civil monetary penalty as any penalty,
CPI–U for October 2022 exceeded the
CPI–U for October 2021 by 7.745%.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:
Source
Existing maximum civil monetary
penalty
New adjusted 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.
$1,388,496 per violation, per day
$25,075 per violation, per day ......
$3,275 per violation ......................
$1,388,496 per violation, per day
$1,388,496 per violation, per day
$1,496,035 per violation, per day.
$27,017 per violation, per day.
$3,529 per violation.
$1,496,035 per violation, per day.
$1,496,035 per violation, per day.
$1,453 per offense and $73 per
day after the first day.
$14,536 per violation, per day ......
$1,566 per offense and $78 per
day after the first day.
$15,662 per violation, per day.
$1,453 per offense, per day .........
$1,566 per offense, per day.
$1,453 per offense, per day .........
$1,566 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
khammond on DSKJM1Z7X2PROD with RULES
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
1 Public
Law 114–74, sec. 701, 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 2022 adjustment on January 7,
2021, in Docket No. RM22–6–000. See Civ.
Monetary Penalty Inflation Adjustments, Order No.
882, 87 FR 2036 (Jan. 13, 2022), 178 FERC ¶ 61,008
(2022).
4 28 U.S.C. 2461 note at (3).
2 Public
VerDate Sep<11>2014
16:10 Jan 11, 2023
Jkt 259001
impractical, unnecessary, and contrary
to the public interest.
Commission is issuing this final rule
without notice and comment.
IV. Regulatory Flexibility Statement
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
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
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 Shalanda D.
Young, Office of Management and Budget,
Implementation of the Penalty Inflation
Adjustments for 2023, Pursuant to the Federal Civil
6 15
PO 00000
Frm 00018
Fmt 4700
Sfmt 4700
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
Penalties Inflation Adjustment Act Improvements
Act of 2015 (Dec. 15, 2022).
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).
E:\FR\FM\12JAR1.SGM
12JAR1
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
]]>Agencies
[Federal Register Volume 88, Number 8 (Thursday, January 12, 2023)]
[Rules and Regulations]
[Pages 1989-1991]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00513]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission
18 CFR Parts 250 and 385
[Docket No. RM23-3-000; Order No. 886]
Civil Monetary Penalty Inflation Adjustments
AGENCY: Federal Energy Regulatory Commission.
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 12, 2023.
FOR FURTHER INFORMATION CONTACT: Colin Chazen, Attorney, Office of
Enforcement, Federal Energy Regulatory Commission, 888 First Street NE,
Washington, DC 20426. Phone: (202) 502-8732; email:
[email protected].
SUPPLEMENTARY INFORMATION:
1. In this final rule, the Federal Energy Regulatory Commission
[[Page 1990]]
(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\ 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
2022 adjustment on January 7, 2021, in Docket No. RM22-6-000. See
Civ. Monetary Penalty Inflation Adjustments, Order No. 882, 87 FR
2036 (Jan. 13, 2022), 178 FERC ] 61,008 (2022).
---------------------------------------------------------------------------
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. 2461 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 2022 exceeded the CPI-U for October 2021
by 7.745%.\10\
---------------------------------------------------------------------------
\9\ 28 U.S.C. 2461 note at (5)(b)(1).
\10\ See, e.g., Memorandum from Shalanda D. Young, Office of
Management and Budget, Implementation of the Penalty Inflation
Adjustments for 2023, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2022).
---------------------------------------------------------------------------
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 civil New adjusted maximum civil
Source monetary penalty monetary penalty
----------------------------------------------------------------------------------------------------------------
16 U.S.C. 825o-1(b), sec. 316A of the Federal $1,388,496 per violation, per $1,496,035 per violation, per
Power Act. day. day.
16 U.S.C. 823b(c), sec. 31(c) of the Federal Power $25,075 per violation, per $27,017 per violation, per
Act. day. day.
16 U.S.C. 825n(a), sec. 315(a) of the Federal $3,275 per violation......... $3,529 per violation.
Power Act.
15 U.S.C. 717t-1, sec. 22 of the Natural Gas Act.. $1,388,496 per violation, per $1,496,035 per violation, per
day. day.
15 U.S.C. 3414(b)(6)(A)(i), sec. 504(b)(6)(A)(i) $1,388,496 per violation, per $1,496,035 per violation, per
of the Natural Gas Policy Act of 1978. day. day.
49 App. U.S.C. 6(10) (1988), sec. 6(10) of the $1,453 per offense and $73 $1,566 per offense and $78
Interstate Commerce Act. per day after the first day. per day after the first day.
49 App. U.S.C. 16(8) (1988), sec. 16(8) of the $14,536 per violation, per $15,662 per violation, per
Interstate Commerce Act. day. day.
49 App. U.S.C. 19a(k) (1988), sec. 19a(k) of the $1,453 per offense, per day.. $1,566 per offense, per day.
Interstate Commerce Act.
49 App. U.S.C. 20(7)(a) (1988), sec. 20(7)(a) of $1,453 per offense, per day.. $1,566 per offense, per day.
the Interstate Commerce Act.
----------------------------------------------------------------------------------------------------------------
III. Administrative Findings
9. Congress directed that agencies issue final rules to adjust
their maximum civil monetary penalties notwithstanding the requirements
of the Administrative Procedure Act (APA).\14\ Because the Commission
is required by law to undertake these inflation adjustments
notwithstanding the notice and comment requirements that otherwise
would apply pursuant to the APA, and because the Commission lacks
discretion with respect to the method and amount of the adjustments,
prior notice and comment would be impractical, unnecessary, and
contrary to the public interest.
---------------------------------------------------------------------------
\14\ Id. at (3)(b)(2).
---------------------------------------------------------------------------
IV. Regulatory Flexibility Statement
10. The Regulatory Flexibility Act, as amended, requires agencies
to certify that rules promulgated under their authority will not have a
significant economic impact on a substantial number of small
businesses.\15\ The requirements of the Regulatory Flexibility Act
apply only to rules promulgated following notice and comment.\16\ The
requirements of the Regulatory Flexibility Act do not apply to this
rulemaking because the Commission is issuing this final rule without
notice and comment.
---------------------------------------------------------------------------
\15\ 5 U.S.C. 601 et seq.
\16\ 5 U.S.C. 603, 604.
---------------------------------------------------------------------------
V. Paperwork Reduction Act
11. This rule does not require the collection of information. The
Commission is therefore not required to submit this rule for review to
the Office of Management and Budget pursuant to the Paperwork Reduction
Act of 1995.\17\
---------------------------------------------------------------------------
\17\ 44 U.S.C. 3507(d).
---------------------------------------------------------------------------
VI. Document Availability
12. In addition to publishing the full text of this document in the
Federal Register, the Commission provides all interested persons an
opportunity to view and print the contents of this
[[Page 1991]]
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
[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 APA,\18\ and therefore, the regulation
is effective upon publication in the Federal Register.
---------------------------------------------------------------------------
\18\ 5 U.S.C. 553(d)(3).
---------------------------------------------------------------------------
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 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
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 $1,496,035 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 $27,017 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:
$1,496,035.
(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
