81 FR 41196 - Civil Monetary Penalties Inflation Adjustments
FEDERAL ELECTION COMMISSION Federal Register Volume 81, Issue 122 (June 24, 2016)
Federal Register Volume 81, Issue 122 (June 24, 2016)
| Page Range | 41196-41200 | |
| FR Document | 2016-14877 |
[Federal Register Volume 81, Number 122 (Friday, June 24, 2016)] [Rules and Regulations] [Pages 41196-41200] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-14877] ======================================================================= ----------------------------------------------------------------------- FEDERAL ELECTION COMMISSION 11 CFR Part 111 [Docket No. 2016-04] Civil Monetary Penalties Inflation Adjustments AGENCY: Federal Election Commission. ACTION: Interim final rules. ----------------------------------------------------------------------- SUMMARY: As required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, the Federal Election Commission is adopting interim final rules to adjust for inflation [[Page 41197]] the civil monetary penalties established under the Federal Election Campaign Act, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act. The civil monetary penalties being adjusted are those negotiated by the Commission or imposed by a court for certain statutory violations; and those imposed by the Commission for late filing of or failure to file certain reports required by the Federal Election Campaign Act. The adjusted civil monetary penalties are calculated according to a statutory formula and the adjusted amounts will apply to penalties assessed after the effective date of these rules. DATES: The interim final rules are effective on August 1, 2016. Comments must be submitted on or before July 25, 2016. ADDRESSES: All comments must be in writing. Commenters are encouraged to submit comments electronically via the Commission's Web site at http://www.fec.gov/fosers, reference REG 2016-02, or by email to [email protected]. Alternatively, commenters may submit comments in paper form, addressed to the Federal Election Commission, Attn.: Neven F. Stipanovic, Acting Assistant General Counsel, 999 E Street NW., Washington, DC 20463. Each commenter must provide, at a minimum, his or her first name, last name, city, state, and zip code. All properly submitted comments, including attachments, will become part of the public record, and the Commission will make comments available for public viewing on the Commission's Web site and in the Commission's Public Records Office. Accordingly, commenters should not provide in their comments any information that they do not wish to make public, such as a home street address, personal email address, date of birth, phone number, social security number, or driver's license number, or any information that is restricted from disclosure, such as trade secrets or commercial or financial information that is privileged or confidential. FOR FURTHER INFORMATION CONTACT: Mr. Neven F. Stipanovic, Acting Assistant General Counsel, or Ms. Esther D. Gyory, Attorney, Office of General Counsel, 999 E Street NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530. SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the ``2015 Act'') \1\ amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (the ``Inflation Adjustment Act'') \2\ to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. Prior to the 2015 Act, the Inflation Adjustment Act required federal agencies, including the Commission, to adjust for inflation the civil monetary penalties within their jurisdiction at least once every four years according to detailed formulas. The Commission last adjusted its civil monetary penalties for inflation in 2013. Civil Monetary Penalties Inflation Adjustments, 78 FR 44419 (July 24, 2013). As amended by the 2015 Act, the Inflation Adjustment Act now requires federal agencies to make a one-time ``catch-up'' adjustment to civil monetary penalties, which must take effect no later than August 1, 2016, and to adjust civil monetary penalties annually thereafter using newly prescribed formulas.\3\ --------------------------------------------------------------------------- \1\ Public Law 114-74, sec. 701, 129 Stat. 584, 599. \2\ Public Law 101-410, 104 Stat. 890 (codified at 28 U.S.C. 2461 note), as amended by Debt Collection Improvement Act of 1996, Public Law 104-134, sec. 31001(s)(1), 110 Stat. 1321, 1373; Federal Reports Elimination Act of 1998, Public Law 105-362, sec. 1301, 112 Stat. 3280. \3\ Inflation Adjustment Act secs. 4(b), 5. --------------------------------------------------------------------------- The Inflation Adjustment Act defines a civil monetary penalty as ``any penalty, fine, or other sanction'' that (1) ``is for a specific amount'' or ``has a maximum amount'' under federal law; and (2) that a federal agency assesses or enforces ``pursuant to an administrative proceeding or a civil action'' in federal court.\4\ Under the Federal Election Campaign Act, 52 U.S.C. 30101-46 (``FECA''), the Commission may assess and enforce civil monetary penalties for violations of FECA, the Presidential Election Campaign Fund Act, 26 U.S.C. 9001-13, and the Presidential Primary Matching Payment Account Act, 26 U.S.C. 9031-42. As required by the Inflation Adjustment Act, and pursuant to guidance issued by the Office of Management and Budget,\5\ the Commission is now making a one-time catch-up adjustment to the civil monetary penalties within its jurisdiction, according to the prescribed formulas. The Commission will implement annual inflation adjustments beginning in January 2017. --------------------------------------------------------------------------- \4\ Inflation Adjustment Act sec. 3(2). \5\ See Inflation Adjustment Act sec. 7(a) (requiring OMB to ``issue guidance to agencies on implementing the inflation adjustments required under this Act''); see also Memorandum from Shaun Donovan, Director, Office of Management and Budget, to Heads of Executive Departments and Agencies, M-16-06 at 3 (Feb. 24, 2016) (``OMB Memorandum''), https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf. --------------------------------------------------------------------------- Administrative Procedure Act As required by the 2015 Act, the Commission is issuing these rules as interim final rules. The interim final rules will take effect on August 1, 2016, the date by which Congress mandated that agencies make their catch-up adjustment effective. The Administrative Procedure Act's (``APA's'') notice-and-comment requirement does not apply here because Congress specifically directed agencies to make adjustments to civil monetary penalties through an interim final rule.\6\ Nonetheless, the public may comment on these interim final rules, and the Commission may address any comments received in a later rulemaking document. Furthermore, because the inflation adjustments made through the interim final rules are required by Congress and involve no Commission discretion or policy judgments, these rules do not need to be submitted to the Speaker of the House of Representatives or the President of the Senate under the Congressional Review Act, 5 U.S.C. 801 et seq. Moreover, because the APA's notice- and-comment procedures do not apply to these interim final rules, the Commission is not required to conduct a regulatory flexibility analysis under 5 U.S.C. 603 or 604. See 5 U.S.C. 601(2), 604(a). Nor is the Commission required to submit these revisions for congressional review under FECA. See 5 U.S.C. 30111(d)(1), (4) (providing for congressional review when Commission ``prescribe[s]'' a ``rule of law''). The new penalty amounts will apply to civil monetary penalties that are assessed after the date the increase takes effect, even if the associated violation predated the increase.\7\ --------------------------------------------------------------------------- \6\ See, e.g., Asiana Airlines v. FAA, 134 F.3d 393, 396-99 (D.C. Cir. 1998) (finding APA ``notice and comment'' requirement not applicable where Congress clearly expressed intent to depart from normal APA procedures); see also Inflation Adjustment Act sec. 4(a), (b)(1) (requiring federal agencies to adjust civil monetary penalties ``through an interim final rulemaking''). \7\ Inflation Adjustment Act sec. 6. --------------------------------------------------------------------------- Explanation and Justification Under the Inflation Adjustment Act, the Commission now must adjust each civil monetary penalty for inflation by applying a cost-of-living- adjustment (``COLA'') ratio. The COLA ratio is the percentage that the consumer price index (``CPI'') \8\ for October 2015 exceeds the CPI for October of the ``baseline year,'' which is the calendar year when the civil monetary penalty [[Page 41198]] was first established, or when it was most recently adjusted under a provision of law other than the Inflation Adjustment Act.\9\ To calculate the adjusted penalty, the Commission must multiply the civil monetary penalty amount in the baseline year by the COLA ratio.\10\ The civil monetary penalty, however, may not be increased by more than 150% of the civil monetary penalty amount in effect on November 2, 2015.\11\ --------------------------------------------------------------------------- \8\ The Inflation Adjustment Act uses the CPI ``for all-urban consumers published by the Department of Labor.'' Id. sec. 3. \9\ Id. sec. 5(b)(2)(A). \10\ Id. sec. 5(b)(2)(B). \11\ Id. sec. 5(b)(2)(C). --------------------------------------------------------------------------- The Commission assesses two types of civil monetary penalties that now must be adjusted for inflation. First are those penalties that are either negotiated by the Commission or imposed by a court for violations of FECA, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act. These civil monetary penalties are set forth at 11 CFR 111.24. Second are the civil monetary penalties assessed through the Commission's Administrative Fines Program for late filing or non-filing of certain reports required by FECA. See 52 U.S.C. 30109(a)(4)(C) (authorizing Administrative Fines Program), 30104(a) (requiring political committee treasurers to report receipts and disbursements within certain time periods). The penalty schedules for these civil monetary penalties are set out at 11 CFR 111.43 and 111.44. 1. 11 CFR 111.24--Civil Penalties FECA established the civil monetary penalties for violations of FECA and the other statutes within the Commission's jurisdiction. See 52 U.S.C. 30109(a)(5), (6), (12). Commission regulations in 11 CFR 111.24 provide the current inflation-adjusted amount for each such civil monetary penalty. To calculate the catch-up adjustment for each of the five civil monetary penalties in 11 CFR 111.24, the Commission must first identify the later of: The year the civil monetary penalty was first established, or the year it was last adjusted by law other than under the Inflation Adjustment Act. The Commission then must apply the COLA ratio to the amount of the civil monetary penalty in effect in the baseline year.\12\ --------------------------------------------------------------------------- \12\ The COLA ratios are provided in the OMB Memorandum, M-16-06 at 6. --------------------------------------------------------------------------- The civil monetary penalties at 11 CFR 111.24(a)(1) and 11 CFR 24(a)(2)(i) were established by statute in 1976.\13\ The civil monetary penalty at 11 CFR 111.24(a)(2)(ii) was established in 2002.\14\ The civil monetary penalties at 11 CFR 111.24(b) were established in 1980.\15\ None of these penalties has been adjusted since its establishment, other than for inflation. Accordingly, as described above, the Commission determines the adjusted penalty amount by multiplying the amount of the penalty in the baseline year by the COLA ratio for that year and rounding that figure to the nearest dollar. But the Commission may not increase the civil monetary penalty amount by more than 150% of the amount that was in effect for that civil monetary penalty on November 2, 2015. Thus, for example, in section 111.24(a)(1), the 2015 civil monetary penalty amount was $7,500. The maximum the new civil monetary penalty can increase by is 150% of that amount, which would be an increase of $11,250, for a maximum penalty of $18,750. Because applying the COLA ratio to the originally established penalty amount would lead to an adjusted penalty of approximately $20,500, which exceeds the 150% cap amount, the new civil monetary penalty for section 111.24(a)(1) is $18,750. The actual adjustment to each civil monetary penalty is shown in the chart below. --------------------------------------------------------------------------- \13\ Public Law 94-283, sec. 109, 90 Stat. 475 (codified at 52 U.S.C. 30109(a)(5)(A)-(B)); see also Civil Monetary Penalties Inflation Adjustments, 78 FR 44419 (July 24, 2013) (``2013 Adjustment); Civil Monetary Penalties Inflation Adjustments, 74 FR 31345, 31346 (July 1, 2009), amended by Civil Monetary Penalties Inflation Adjustments, 74 FR 37161 (July 28, 2009) (collectively, ``2009 Adjustment''); Inflation Adjustments for Civil Monetary Penalties, 70 FR 34633, 34634 (June 15, 2005) (``2005 Adjustment''); Adjustments to Civil Monetary Penalty Amounts, 62 FR 11316 (Mar. 12, 1997) (``1997 Adjustment''). \14\ Public Law 107-155, sec. 312(a), 116 Stat. 81 (codified at 52 U.S.C. 30109(a)(5)(B)); see also 2013 Adjustment, 78 FR at 44420; 2009 Adjustment, 74 FR at 31346, 74 FR 37161; 2005 Adjustment, 70 FR at 34634. \15\ Public Law 96-187, sec. 108, 93 Stat. 1339 (codified at 52 U.S.C. 30109(a)(12)); see also 2013 Adjustment, 78 FR at 44420; 2009 Adjustment, 74 FR at 31346, 74 FR 37161; 2005 Adjustment, 70 FR at 34635; 1997 Adjustment, 62 FR at 11316-17. -------------------------------------------------------------------------------------------------------------------------------------------------------- Civil Adjusted Section Baseline penalty in COLA Ratio penalty 2015 Penalty 150% Cap New civil year year est. \16\ (rounded) amt. (rounded) penalty -------------------------------------------------------------------------------------------------------------------------------------------------------- 11 CFR 111.24(a)(1)................................... 1976 $5,000 4.10774 $20,539 $7,500 $18,750 $18,750 11 CFR 111.24(a)(2)(i)................................ 1976 10,000 4.10774 41,077 16,000 40,000 40,000 11 CFR 111.24(a)(2)(ii)............................... 2002 50,000 1.31185 65,593 65,000 162,500 65,593 11 CFR 111.24(b)...................................... 1980 2,000 2.80469 5,609 3,200 8,000 5,609 11 CFR 111.24(b)...................................... 1980 5,000 2.80469 14,023 7,500 18,750 14,023 -------------------------------------------------------------------------------------------------------------------------------------------------------- 2. 11 CFR 111.43, 111.44--Administrative Fines --------------------------------------------------------------------------- \16\ OMB Memorandum, Table A. --------------------------------------------------------------------------- FECA authorizes the Commission to assess civil monetary penalties for violations of the reporting requirements of 52 U.S.C. 30104(a) according to the penalty schedules ``established and published by the Commission.'' 52 U.S.C. 30109(a)(4)(C)(i). The Commission has established two such schedules: The schedule in 11 CFR 111.43(a) applies to reports that are not election sensitive, and the schedule in 11 CFR 111.43(b) applies to reports that are election sensitive.\17\ Each schedule contains two columns of penalties, one for late-filed reports and one for non-filed reports, with penalties based on the level of financial activity in the report and its lateness (where applicable).\18\ In addition, 11 CFR 111.43(c) establishes a civil monetary penalty for situations in which a committee fails to file a report and the Commission cannot calculate the relevant level of activity. Finally, 11 CFR 111.44 establishes a civil monetary penalty for failure to file timely reports of contributions received less than 20 days, but more than 48 hours, before an election. See 52 U.S.C. 30104(a)(6). --------------------------------------------------------------------------- \17\ Election sensitive reports are certain reports due shortly before an election. See 11 CFR 111.43(d)(1). \18\ A report is considered to be ``not filed'' if it is never filed or is filed more than a certain number of days after its due date. See 11 CFR 111.43(e). --------------------------------------------------------------------------- The Commission established the penalty schedules in 11 CFR 111.43(a) and (b) in 2000, when the Commission promulgated its Administrative Fines program. Administrative Fines, 65 FR 31787, 31796- 97 (May 19, 2000) (``2000 Administrative Fines''). In 2003, the Commission adjusted these schedules to reduce certain penalties for political committees with low levels of financial activity. Administrative Fines, 68 FR 12572, 12573 (Mar. 17, 2003) (``2003 Administrative Fines'') (establishing [[Page 41199]] ``new schedules that reduce civil money penalties for . . . committees with less than $50,000 in activity''). Other than for inflation, these penalty schedules have not been adjusted since 2003.\19\ The civil monetary penalties in 11 CFR 111.43(c) and 111.44 were established in 2000 and, except for inflation, have not been adjusted since.\20\ --------------------------------------------------------------------------- \19\ See 2013 Adjustment, 78 FR at 44420; 2009 Adjustment, 74 FR at 31346-47; 2005 Adjustment, 70 FR at 34635. \20\ 2000 Administrative Fines, 65 FR at 31797-98; see also 2013 Adjustment, 78 FR at 44420; 2009 Adjustment, 74 FR at 31347; 2005 Adjustment, 70 FR at 34635. --------------------------------------------------------------------------- As described above, to determine the adjusted penalty amount, the Commission first multiplies the amount of the penalty in the baseline year by the COLA ratio for that year and rounds that figure to the nearest dollar. For certain penalties assessed at low levels of financial activity (up to $49,999.99) the baseline year is 2003. 2003 Administrative Fines, 68 FR at 12573-75. For all other penalties, the baseline year is 2000. 2000 Administrative Fines, 65 FR at 31792-98. The adjusted civil monetary penalty for each level of activity is the baseline year penalty amount multiplied by the COLA ratio that is provided in the OMB Memorandum. None of these adjusted civil monetary penalties exceeds the 150% cap. The new civil monetary penalties are shown in the schedules in the revised rule text, below. List of Subjects in 11 CFR Part 111 Administrative practice and procedures, Elections, Law enforcement, Penalties. For the reasons set out in the preamble, the Federal Election Commission amends subchapter A of chapter I of title 11 of the Code of Federal Regulations as follows: PART 111--COMPLIANCE PROCEDURE (52 U.S.C. 30109, 30107(a)) 0 1. The authority citation for part 111 continues to read as follows: Authority: 52 U.S.C. 30102(i), 30109, 30107(a), 30111(a)(8); 28 U.S.C. 2461 nt.; 31 U.S.C. 3701, 3711, 3716-3719, and 3820A, as amended; 31 CFR parts 285 and 900-904. Sec. 111.24 [Amended] 0 2. Section 111.24 is amended as follows: In the table below, for each section indicated in the left column, remove the number indicated in the middle column, and add in its place the number indicated in the right column. ------------------------------------------------------------------------ Section Remove Add ------------------------------------------------------------------------ 111.24(a)(1)........................................ $7,500 $18,750 111.24(a)(2)(i)..................................... 16,000 40,000 111.24(a)(2)(ii).................................... 65,000 65,593 111.24(b)........................................... 3,200 5,609 111.24(b)........................................... 7,500 14,023 ------------------------------------------------------------------------ 0 3. Section 111.43 is amended by revising paragraphs (a), (b), and (c) to read as follows: Sec. 111.43 What are the schedules of penalties? (a) The civil money penalty for all reports that are filed late or not filed, except election sensitive reports and pre-election reports under 11 CFR 104.5, shall be calculated in accordance with the following schedule of penalties: ---------------------------------------------------------------------------------------------------------------- If the level of activity in the And the report was filed late, the Or the report was not filed, the report was: civil money penalty is: civil money penalty is: ---------------------------------------------------------------------------------------------------------------- $1-4,999.99 \ a\.................. [$32 + ($6 x Number of days late)] x $321 x [1 + (.25 x Number of previous [1 + (.25 x Number of previous violations)]. violations)]. $5,000-9,999.99................... [$64 + ($6 x Number of days late)] x $386 x [1 + (.25 x Number of previous [1 + (.25 x Number of previous violations)]. violations)]. $10,000-24,999.99................. [$137 + ($6 x Number of days late)] x $643 x [1 + (.25 x Number of previous [1 + (.25 x Number of previous violations)]. violations)]. $25,000-49,999.99................. [$273 + ($26 x Number of days late)] $1,157 x [1 + (.25 x Number of x [1 + (.25 x Number of previous previous violations)]. violations)]. $50,000-74,999.99................. [$410 + ($103 x Number of days late)] $3,691 x [1 + (.25 x Number of x [1 + (.25 x Number of previous previous violations)]. violations)]. $75,000-99,999.99................. [$547 + ($137 x Number of days late)] $4,784 x [1 + (.25 x Number of x [1 + (.25 x Number of previous previous violations)]. violations)]. $100,000-149,999.99............... [$820 + ($171 x Number of days late)] $6,151 x [1 + (.25 x Number of x [1 + (.25 x Number of previous previous violations)]. violations)]. $150,000-199,999.99............... [$1,094 + ($205 x Number of days $7,518 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $200,000-249,999.99............... [$1,367 + ($239 x Number of days $8,885 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $250,000-349,999.99............... [$2,050 + ($273 x Number of days $10,935 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $350,000-449,999.99............... [$2,734 + ($273 x Number of days $12,302 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $450,000-549,999.99............... [$3,417 + ($273 x Number of days $12,985 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $550,000-649,999.99............... [$4,101 + ($273 x Number of days $13,669 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $650,000-749,999.99............... [$4,784 + ($273 x Number of days $14,352 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $750,000-849,999.99............... [$5,468 + ($273 x Number of days $15,036 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $850,000-949,999.99............... [$6,151 + ($273 x Number of days $15,719 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $950,000 or over.................. [$6,834 + ($273 x Number of days $16,403 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. ---------------------------------------------------------------------------------------------------------------- \a\ The civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report. [[Page 41200]] (b) The civil money penalty for election sensitive reports that are filed late or not filed shall be calculated in accordance with the following schedule of penalties: ---------------------------------------------------------------------------------------------------------------- If the level of activity in the And the report was filed late, the Or the report was not filed, the report was: civil money penalty is: civil money penalty is: ---------------------------------------------------------------------------------------------------------------- $1-$4,999.99 \a\.................. [$64 + ($13 x Number of days late)] x $643 x [1 + (.25 x Number of previous [1 + (.25 x Number of previous violations)]. violations)]. $5,000-$9,999.99.................. [$129 + ($13 x Number of days late)] $771 x [1 + (.25 x Number of previous x [1 + (.25 x Number of previous violations)]. violations)]. $10,000-24,999.99................. [$193 + ($13 x Number of days late)] $1,157 x [1 + (.25 x Number of x [1 + (.25 x Number of previous previous violations)]. violations)]. $25,000-49,999.99................. [$410 + ($32 x Number of days late)] $1,800 x [1 + (.25 x Number of x [1 + (.25 x Number of previous previous violations)]. violations)]. $50,000-74,999.99................. [$615 + ($103 x Number of days late)] $4,101 x [1 + (.25 x Number of x [1 + (.25 x Number of previous previous violations)]. violations)]. $75,000-99,999.99................. [$820 + ($137 x Number of days late)] $5,468 x [1 + (.25 x Number of x [1 + (.25 x Number of previous previous violations)]. violations)]. $100,000-149,999.99............... [$1,230 + ($171 x Number of days $6,834 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $150,000-199,999.99............... [$1,640 + ($205 x Number of days $8,201 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $200,000-249,999.99............... [$2,050 + ($239 x Number of days $10,252 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $250,000-349,999.99............... [$3,076 + ($273 x Number of days $12,302 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $350,000-449,999.99............... [$4,101+ ($273 x Number of days $13,669 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $450,000-549,999.99............... [$5,126 + ($273 x Number of days $15,036 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $550,000-649,999.99............... [$6,151 + ($273 x Number of days $16,403 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $650,000-749,999.99............... [$7,176 + ($273 x Number of days $17,770 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $750,000-849,999.99............... [$8,201 + ($273 x Number of days $19,136 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $850,000-949,999.99............... [$9,227 + ($273 x Number of days $20,503 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. $950,000 or over.................. [$10,252 + ($273 x Number of days $21,870 x [1 + (.25 x Number of late)] x [1 + (.25 x Number of previous violations)]. previous violations)]. ---------------------------------------------------------------------------------------------------------------- \a\ The civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report. (c) If the respondent fails to file a required report and the Commission cannot calculate the level of activity under paragraph (d) of this section, then the civil money penalty shall be $7,518. * * * * * Sec. 111.44 [Amended] 0 4. In Sec. 111.44, paragraph (a)(1) is amended by removing ``$110'' and adding in its place ``$137''. Dated: June 16, 2016. On behalf of the Commission. Matthew S. Petersen, Chairman, Federal Election Commission. [FR Doc. 2016-14877 Filed 6-23-16; 8:45 am] BILLING CODE 6715-01-P
![41196 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
SCHEDULE OF MATERIALS ANNUAL FEES AND FEES FOR GOVERNMENT AGENCIES LICENSED BY NRC—Continued
[See footnotes at end of table]
Category of materials licenses Annual fees 1 2 3
B. General licenses for storage of spent fuel under 10 CFR 72.210 .................................................................................... N/A12
14. Decommissioning/Reclamation:
A. Byproduct, source, or special nuclear material licenses and other approvals authorizing decommissioning, decon-
tamination, reclamation, or site restoration activities under parts 30, 40, 70, 72, and 76 of this chapter, including mas-
ter materials licenses (MMLs) [Program Code(s): 3900, 11900, 21135, 21215, 21240, 21325, 22200] .......................... N/A7
B. Site-specific decommissioning activities associated with unlicensed sites, including MMLs, whether or not the sites
have been previously licensed ........................................................................................................................................... N/A7
15. Import and Export licenses ...................................................................................................................................................... N/A8
16. Reciprocity ............................................................................................................................................................................... N/A 8
17. Master materials licenses of broad scope issued to Government agencies [Program Code(s): 03614] ............................... $343,000
18. Department of Energy:
A. Certificates of Compliance ................................................................................................................................................. $1,366,00010
B. Uranium Mill Tailings Radiation Control Act (UMTRCA) activities .................................................................................... $545,000
1 Annual fees will be assessed based on whether a licensee held a valid license with the NRC authorizing possession and use of radioactive
material during the current FY. The annual fee is waived for those materials licenses and holders of certificates, registrations, and approvals who
either filed for termination of their licenses or approvals or filed for possession only/storage licenses before October 1, 2015, and permanently
ceased licensed activities entirely before this date. Annual fees for licensees who filed for termination of a license, downgrade of a license, or for
a possession-only license during the FY and for new licenses issued during the FY will be prorated in accordance with the provisions of
§ 171.17. If a person holds more than one license, certificate, registration, or approval, the annual fee(s) will be assessed for each license, certifi-
cate, registration, or approval held by that person. For licenses that authorize more than one activity on a single license (e.g., human use and
irradiator activities), annual fees will be assessed for each category applicable to the license.
2 Payment of the prescribed annual fee does not automatically renew the license, certificate, registration, or approval for which the fee is paid.
Renewal applications must be filed in accordance with the requirements of parts 30, 40, 70, 71, 72, or 76 of this chapter.
3 Each FY, fees for these materials licenses will be calculated and assessed in accordance with § 171.13 and will be published in the Federal
Register for notice and comment.
4 Other facilities include licenses for extraction of metals, heavy metals, and rare earths.
5 There are no existing NRC licenses in these fee categories. If NRC issues a license for these categories, the Commission will consider es-
tablishing an annual fee for this type of license.
6 Standardized spent fuel facilities, 10 CFR parts 71 and 72 Certificates of Compliance and related Quality Assurance program approvals, and
special reviews, such as topical reports, are not assessed an annual fee because the generic costs of regulating these activities are primarily at-
tributable to users of the designs, certificates, and topical reports.
7Licensees in this category are not assessed an annual fee because they are charged an annual fee in other categories while they are li-
censed to operate.
8 No annual fee is charged because it is not practical to administer due to the relatively short life or temporary nature of the license.
9 Separate annual fees will not be assessed for pacemaker licenses issued to medical institutions that also hold nuclear medicine licenses
under fee categories 7.B. or 7.C.
10 This includes Certificates of Compliance issued to the U.S. Department of Energy that are not funded from the Nuclear Waste Fund.
11 See § 171.15(c).
12 See § 171.15(c).
13 No annual fee is charged for this category because the cost of the general license registration program applicable to licenses in this cat-
egory will be recovered through 10 CFR part 170 fees.
14 Persons who possess radium sources that are used for operational purposes in another fee category are not also subject to the fees in this
category. (This exception does not apply if the radium sources are possessed for storage only.)
15 Licensees paying annual fees under category 1.A., 1.B., and 1.E. are not subject to the annual fees for categories 1.C., 1.D., and 1.F. for
sealed sources authorized in the license.
16Licensees subject to fees under categories 1.A., 1.B., 1.E., or 2.A. must pay the largest applicable fee and are not subject to additional fees
listed in this table.
17 Licensees paying fees under 3.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license.
18 Licensees paying fees under 7.C. are not subject to fees under 2.B. for possession and shielding authorized on the same license.
19 Licensees paying fees under 3.N. are not subject to paying fees under 3.P. for calibration or leak testing services authorized on the same li-
cense.
20 Licensees paying fees under 7.B. are not subject to paying fees under 7.C. for broad scope license licenses issued under parts 30, 35, 40,
and 70 of this chapter for human use of byproduct material, source material, and/or special nuclear material, except licenses for byproduct mate-
rial, source material, or special nuclear material in sealed sources contained in teletherapy devices authorized on the same license.
(e) The fee-relief adjustment allocated fees. The activities comprising the FY FEDERAL ELECTION COMMISSION
to annual fees includes the budgeted 2016 fee-relief adjustment are as
resources for the activities listed in follows: 11 CFR Part 111
paragraph (e)(1) of this section, plus the * * * * *
total budgeted resources for the [Docket No. 2016–04]
activities included in paragraphs (e)(2) Dated at Rockville, Maryland, this 7th day
and (3) of this section, as reduced by the of June, 2016. Civil Monetary Penalties Inflation
appropriations the NRC receives for For the Nuclear Regulatory Commission. Adjustments
these types of activities. If the NRC’s Maureen E. Wylie, AGENCY: Federal Election Commission.
sradovich on DSK3GDR082PROD with RULES
appropriations for these types of Chief Financial Officer. ACTION: Interim final rules.
activities are greater than the budgeted [FR Doc. 2016–14490 Filed 6–23–16; 8:45 am]
resources for the activities included in BILLING CODE 7590–01–P SUMMARY: As required by the Federal
paragraphs (e)(2) and (3) of this section Civil Penalties Inflation Adjustment Act
for a given fiscal year, a negative fee- Improvements Act of 2015, the Federal
relief adjustment (or annual fee Election Commission is adopting
reduction) will be allocated to annual interim final rules to adjust for inflation
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![Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations 41197
the civil monetary penalties established Federal Civil Penalties Inflation Administrative Procedure Act
under the Federal Election Campaign Adjustment Act of 1990 (the ‘‘Inflation As required by the 2015 Act, the
Act, the Presidential Election Campaign Adjustment Act’’) 2 to improve the Commission is issuing these rules as
Fund Act, and the Presidential Primary effectiveness of civil monetary penalties interim final rules. The interim final
Matching Payment Account Act. The and to maintain their deterrent effect. rules will take effect on August 1, 2016,
civil monetary penalties being adjusted Prior to the 2015 Act, the Inflation the date by which Congress mandated
are those negotiated by the Commission Adjustment Act required federal that agencies make their catch-up
or imposed by a court for certain agencies, including the Commission, to adjustment effective.
statutory violations; and those imposed adjust for inflation the civil monetary The Administrative Procedure Act’s
by the Commission for late filing of or penalties within their jurisdiction at (‘‘APA’s’’) notice-and-comment
failure to file certain reports required by
least once every four years according to requirement does not apply here
the Federal Election Campaign Act. The
detailed formulas. The Commission last because Congress specifically directed
adjusted civil monetary penalties are
adjusted its civil monetary penalties for agencies to make adjustments to civil
calculated according to a statutory
inflation in 2013. Civil Monetary monetary penalties through an interim
formula and the adjusted amounts will
Penalties Inflation Adjustments, 78 FR final rule.6 Nonetheless, the public may
apply to penalties assessed after the
44419 (July 24, 2013). As amended by comment on these interim final rules,
effective date of these rules.
the 2015 Act, the Inflation Adjustment and the Commission may address any
DATES: The interim final rules are
Act now requires federal agencies to comments received in a later
effective on August 1, 2016. Comments rulemaking document. Furthermore,
must be submitted on or before July 25, make a one-time ‘‘catch-up’’ adjustment
to civil monetary penalties, which must because the inflation adjustments made
2016. through the interim final rules are
ADDRESSES: All comments must be in take effect no later than August 1, 2016,
and to adjust civil monetary penalties required by Congress and involve no
writing. Commenters are encouraged to Commission discretion or policy
submit comments electronically via the annually thereafter using newly
judgments, these rules do not need to be
Commission’s Web site at http:// prescribed formulas.3
submitted to the Speaker of the House
www.fec.gov/fosers, reference REG The Inflation Adjustment Act defines of Representatives or the President of
2016–02, or by email to a civil monetary penalty as ‘‘any the Senate under the Congressional
InflationAdjustment@fec.gov. penalty, fine, or other sanction’’ that (1) Review Act, 5 U.S.C. 801 et seq.
Alternatively, commenters may submit ‘‘is for a specific amount’’ or ‘‘has a Moreover, because the APA’s notice-
comments in paper form, addressed to maximum amount’’ under federal law; and-comment procedures do not apply
the Federal Election Commission, Attn.: and (2) that a federal agency assesses or to these interim final rules, the
Neven F. Stipanovic, Acting Assistant enforces ‘‘pursuant to an administrative Commission is not required to conduct
General Counsel, 999 E Street NW., proceeding or a civil action’’ in federal a regulatory flexibility analysis under 5
Washington, DC 20463. court.4 Under the Federal Election U.S.C. 603 or 604. See 5 U.S.C. 601(2),
Each commenter must provide, at a 604(a). Nor is the Commission required
Campaign Act, 52 U.S.C. 30101–46
minimum, his or her first name, last to submit these revisions for
(‘‘FECA’’), the Commission may assess
name, city, state, and zip code. All congressional review under FECA. See 5
and enforce civil monetary penalties for
properly submitted comments, U.S.C. 30111(d)(1), (4) (providing for
including attachments, will become part violations of FECA, the Presidential
Election Campaign Fund Act, 26 U.S.C. congressional review when Commission
of the public record, and the ‘‘prescribe[s]’’ a ‘‘rule of law’’). The new
Commission will make comments 9001–13, and the Presidential Primary
Matching Payment Account Act, 26 penalty amounts will apply to civil
available for public viewing on the monetary penalties that are assessed
Commission’s Web site and in the U.S.C. 9031–42. As required by the
Inflation Adjustment Act, and pursuant after the date the increase takes effect,
Commission’s Public Records Office. even if the associated violation predated
Accordingly, commenters should not to guidance issued by the Office of
Management and Budget,5 the the increase.7
provide in their comments any
information that they do not wish to Commission is now making a one-time Explanation and Justification
make public, such as a home street catch-up adjustment to the civil
Under the Inflation Adjustment Act,
address, personal email address, date of monetary penalties within its the Commission now must adjust each
birth, phone number, social security jurisdiction, according to the prescribed civil monetary penalty for inflation by
number, or driver’s license number, or formulas. The Commission will applying a cost-of-living-adjustment
any information that is restricted from implement annual inflation adjustments (‘‘COLA’’) ratio. The COLA ratio is the
disclosure, such as trade secrets or beginning in January 2017. percentage that the consumer price
commercial or financial information index (‘‘CPI’’) 8 for October 2015
that is privileged or confidential. 2 Public Law 101–410, 104 Stat. 890 (codified at
exceeds the CPI for October of the
FOR FURTHER INFORMATION CONTACT: Mr. 28 U.S.C. 2461 note), as amended by Debt
Collection Improvement Act of 1996, Public Law
‘‘baseline year,’’ which is the calendar
Neven F. Stipanovic, Acting Assistant 104–134, sec. 31001(s)(1), 110 Stat. 1321, 1373; year when the civil monetary penalty
General Counsel, or Ms. Esther D. Federal Reports Elimination Act of 1998, Public
Gyory, Attorney, Office of General Law 105–362, sec. 1301, 112 Stat. 3280. 6 See, e.g., Asiana Airlines v. FAA, 134 F.3d 393,
Counsel, 999 E Street NW., Washington, 3 Inflation Adjustment Act secs. 4(b), 5. 396–99 (D.C. Cir. 1998) (finding APA ‘‘notice and
DC 20463, (202) 694–1650 or (800) 424– 4 Inflation Adjustment Act sec. 3(2). comment’’ requirement not applicable where
Congress clearly expressed intent to depart from
sradovich on DSK3GDR082PROD with RULES
5 See Inflation Adjustment Act sec. 7(a) (requiring
9530. normal APA procedures); see also Inflation
OMB to ‘‘issue guidance to agencies on
SUPPLEMENTARY INFORMATION: The implementing the inflation adjustments required Adjustment Act sec. 4(a), (b)(1) (requiring federal
Federal Civil Penalties Inflation under this Act’’); see also Memorandum from agencies to adjust civil monetary penalties ‘‘through
Shaun Donovan, Director, Office of Management an interim final rulemaking’’).
Adjustment Act Improvements Act of 7 Inflation Adjustment Act sec. 6.
and Budget, to Heads of Executive Departments and
2015 (the ‘‘2015 Act’’) 1 amended the Agencies, M–16–06 at 3 (Feb. 24, 2016) (‘‘OMB 8 The Inflation Adjustment Act uses the CPI ‘‘for
Memorandum’’), https://www.whitehouse.gov/sites/ all-urban consumers published by the Department
1 Public Law 114–74, sec. 701, 129 Stat. 584, 599. default/files/omb/memoranda/2016/m-16-06.pdf. of Labor.’’ Id. sec. 3.
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![Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations 41199
‘‘new schedules that reduce civil money 150% cap. The new civil monetary In the table below, for each section
penalties for . . . committees with less penalties are shown in the schedules in indicated in the left column, remove the
than $50,000 in activity’’). Other than the revised rule text, below. number indicated in the middle
for inflation, these penalty schedules column, and add in its place the number
List of Subjects in 11 CFR Part 111
have not been adjusted since 2003.19 indicated in the right column.
The civil monetary penalties in 11 CFR Administrative practice and
111.43(c) and 111.44 were established procedures, Elections, Law enforcement, Section Remove Add
in 2000 and, except for inflation, have Penalties.
not been adjusted since.20 For the reasons set out in the 111.24(a)(1) .................. $7,500 $18,750
As described above, to determine the preamble, the Federal Election 111.24(a)(2)(i) ............... 16,000 40,000
adjusted penalty amount, the Commission amends subchapter A of 111.24(a)(2)(ii) .............. 65,000 65,593
Commission first multiplies the amount chapter I of title 11 of the Code of 111.24(b) ...................... 3,200 5,609
of the penalty in the baseline year by the Federal Regulations as follows: 111.24(b) ...................... 7,500 14,023
COLA ratio for that year and rounds that
figure to the nearest dollar. For certain PART 111—COMPLIANCE
penalties assessed at low levels of ■ 3. Section 111.43 is amended by
PROCEDURE (52 U.S.C. 30109, revising paragraphs (a), (b), and (c) to
financial activity (up to $49,999.99) the 30107(a))
baseline year is 2003. 2003 read as follows:
Administrative Fines, 68 FR at 12573– ■ 1. The authority citation for part 111 § 111.43 What are the schedules of
75. For all other penalties, the baseline continues to read as follows: penalties?
year is 2000. 2000 Administrative Fines, Authority: 52 U.S.C. 30102(i), 30109,
65 FR at 31792–98. The adjusted civil 30107(a), 30111(a)(8); 28 U.S.C. 2461 nt.; 31 (a) The civil money penalty for all
monetary penalty for each level of U.S.C. 3701, 3711, 3716–3719, and 3820A, as reports that are filed late or not filed,
activity is the baseline year penalty amended; 31 CFR parts 285 and 900–904. except election sensitive reports and
amount multiplied by the COLA ratio pre-election reports under 11 CFR 104.5,
that is provided in the OMB § 111.24 [Amended]
shall be calculated in accordance with
Memorandum. None of these adjusted ■ 2. Section 111.24 is amended as the following schedule of penalties:
civil monetary penalties exceeds the follows:
If the level of activity in the And the report was filed late, the civil money penalty Or the report was not filed, the civil money penalty is:
report was: is:
$1–4,999.99 a ................... [$32 + ($6 × Number of days late)] × [1 + (.25 × Num- $321 × [1 + (.25 × Number of previous violations)].
ber of previous violations)].
$5,000–9,999.99 .................... [$64 + ($6 × Number of days late)] × [1 + (.25 × Num- $386 × [1 + (.25 × Number of previous violations)].
ber of previous violations)].
$10,000–24,999.99 ................ [$137 + ($6 × Number of days late)] × [1 + (.25 × Num- $643 × [1 + (.25 × Number of previous violations)].
ber of previous violations)].
$25,000–49,999.99 ................ [$273 + ($26 × Number of days late)] × [1 + (.25 × $1,157 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$50,000–74,999.99 ................ [$410 + ($103 × Number of days late)] × [1 + (.25 × $3,691 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$75,000–99,999.99 ................ [$547 + ($137 × Number of days late)] × [1 + (.25 × $4,784 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$100,000–149,999.99 ............ [$820 + ($171 × Number of days late)] × [1 + (.25 × $6,151 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$150,000–199,999.99 ............ [$1,094 + ($205 × Number of days late)] × [1 + (.25 × $7,518 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$200,000–249,999.99 ............ [$1,367 + ($239 × Number of days late)] × [1 + (.25 × $8,885 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$250,000–349,999.99 ............ [$2,050 + ($273 × Number of days late)] × [1 + (.25 × $10,935 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$350,000–449,999.99 ............ [$2,734 + ($273 × Number of days late)] × [1 + (.25 × $12,302 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$450,000–549,999.99 ............ [$3,417 + ($273 × Number of days late)] × [1 + (.25 × $12,985 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$550,000–649,999.99 ............ [$4,101 + ($273 × Number of days late)] × [1 + (.25 × $13,669 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$650,000–749,999.99 ............ [$4,784 + ($273 × Number of days late)] × [1 + (.25 × $14,352 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$750,000–849,999.99 ............ [$5,468 + ($273 × Number of days late)] × [1 + (.25 × $15,036 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$850,000–949,999.99 ............ [$6,151 + ($273 × Number of days late)] × [1 + (.25 × $15,719 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
sradovich on DSK3GDR082PROD with RULES
$950,000 or over ................... [$6,834 + ($273 × Number of days late)] × [1 + (.25 × $16,403 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
a The civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report.
19 See 2013 Adjustment, 78 FR at 44420; 2009 20 2000 Administrative Fines, 65 FR at 31797–98; Adjustment, 74 FR at 31347; 2005 Adjustment, 70
Adjustment, 74 FR at 31346–47; 2005 Adjustment, see also 2013 Adjustment, 78 FR at 44420; 2009 FR at 34635.
70 FR at 34635.
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![41200 Federal Register / Vol. 81, No. 122 / Friday, June 24, 2016 / Rules and Regulations
(b) The civil money penalty for accordance with the following schedule
election sensitive reports that are filed of penalties:
late or not filed shall be calculated in
If the level of activity in the And the report was filed late, the civil money penalty Or the report was not filed, the civil money penalty is:
report was: is:
$1–$4,999.99 a ...................... [$64 + ($13 × Number of days late)] × [1 + (.25 × Num- $643 × [1 + (.25 × Number of previous violations)].
ber of previous violations)].
$5,000–$9,999.99 .................. [$129 + ($13 × Number of days late)] × [1 + (.25 × $771 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$10,000–24,999.99 ................ [$193 + ($13 × Number of days late)] × [1 + (.25 × $1,157 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$25,000–49,999.99 ................ [$410 + ($32 × Number of days late)] × [1 + (.25 × $1,800 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$50,000–74,999.99 ................ [$615 + ($103 × Number of days late)] × [1 + (.25 × $4,101 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$75,000–99,999.99 ................ [$820 + ($137 × Number of days late)] × [1 + (.25 × $5,468 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$100,000–149,999.99 ............ [$1,230 + ($171 × Number of days late)] × [1 + (.25 × $6,834 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$150,000–199,999.99 ............ [$1,640 + ($205 × Number of days late)] × [1 + (.25 × $8,201 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$200,000–249,999.99 ............ [$2,050 + ($239 × Number of days late)] × [1 + (.25 × $10,252 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$250,000–349,999.99 ............ [$3,076 + ($273 × Number of days late)] × [1 + (.25 × $12,302 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$350,000–449,999.99 ............ [$4,101+ ($273 × Number of days late)] × [1 + (.25 × $13,669 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$450,000–549,999.99 ............ [$5,126 + ($273 × Number of days late)] × [1 + (.25 × $15,036 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$550,000–649,999.99 ............ [$6,151 + ($273 × Number of days late)] × [1 + (.25 × $16,403 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$650,000–749,999.99 ............ [$7,176 + ($273 × Number of days late)] × [1 + (.25 × $17,770 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$750,000–849,999.99 ............ [$8,201 + ($273 × Number of days late)] × [1 + (.25 × $19,136 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$850,000–949,999.99 ............ [$9,227 + ($273 × Number of days late)] × [1 + (.25 × $20,503 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
$950,000 or over ................... [$10,252 + ($273 × Number of days late)] × [1 + (.25 × $21,870 × [1 + (.25 × Number of previous violations)].
Number of previous violations)].
a The civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report.
(c) If the respondent fails to file a DEPARTMENT OF TRANSPORTATION passenger evacuation and emergency
required report and the Commission response. These amendments apply to
cannot calculate the level of activity Federal Aviation Administration applications for new type certificates
under paragraph (d) of this section, then and certain applications for amended or
the civil money penalty shall be $7,518. 14 CFR Parts 25, 121, and 129 supplemental type certificates. The
* * * * * [Docket No.: FAA–2014–0500; Amdt. Nos. amendments also require certain
25–142, 21–376, and 129–53] airplanes produced in the future and
§ 111.44 [Amended] operated by air carriers to meet the new
RIN 2120–AK30 standards.
■ 4. In § 111.44, paragraph (a)(1) is
Fuel Tank Vent Fire Protection DATES: Effective August 23, 2016. The
amended by removing ‘‘$110’’ and compliance date for the requirements in
adding in its place ‘‘$137’’. AGENCY: Federal Aviation § 25.975 is August 23, 2016. The
Dated: June 16, 2016. Administration (FAA), DOT. compliance date for the requirements in
On behalf of the Commission. ACTION: Final rule. §§ 121.1119 and 129.119 is August 23,
Matthew S. Petersen, 2018.
SUMMARY: The FAA is amending certain
Chairman, Federal Election Commission. airworthiness regulations for transport ADDRESSES: For information on where to
[FR Doc. 2016–14877 Filed 6–23–16; 8:45 am] category airplanes to require fuel tank obtain copies of rulemaking documents
designs that prevent a fuel tank and other information related to this
BILLING CODE 6715–01–P
explosion caused by the propagation of final rule, see ‘‘How to Obtain
flames, from external fires, through the Additional Information’’ in the
sradovich on DSK3GDR082PROD with RULES
fuel tank vents. This final rule requires SUPPLEMENTARY INFORMATION section of
a delay of two minutes and thirty this document.
seconds between exposure of external FOR FURTHER INFORMATION CONTACT: For
fuel tank vents to ignition sources and technical questions concerning this
explosions caused by propagation of action, contact Mike Dostert, Propulsion
flames into the fuel tank, thus and Mechanical Systems Branch, ANM–
increasing the time available for 112, Transport Airplane Directorate,
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Document Created: 2016-06-24 00:53:07
Document Modified: 2016-06-24 00:53:07
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rules. | |
| Dates | The interim final rules are effective on August 1, 2016. Comments must be submitted on or before July 25, 2016. | |
| Contact | Mr. Neven F. Stipanovic, Acting Assistant General Counsel, or Ms. Esther D. Gyory, Attorney, Office of General Counsel, 999 E Street NW., Washington, DC 20463, (202) 694-1650 or (800) 424-9530. | |
| FR Citation | 81 FR 41196 | |
| CFR Associated | Administrative Practice and Procedures; Elections; Law Enforcement and Penalties |
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