81 FR 43937 - Civil Monetary Penalty Inflation Adjustments
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 81, Issue 129 (July 6, 2016)
Federal Energy Regulatory Commission
Federal Register Volume 81, Issue 129 (July 6, 2016)
| Page Range | 43937-43941 | |
| FR Document | 2016-15947 |
[Federal Register Volume 81, Number 129 (Wednesday, July 6, 2016)] [Rules and Regulations] [Pages 43937-43941] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15947] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Parts 250 and 385 [Docket No. RM16-16-000; Order No. 826] Civil Monetary Penalty Inflation Adjustments AGENCY: Federal Energy Regulatory Commission, Department of Energy. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission (Commission) is issuing an interim 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 interim final rule. DATES: Effective Date: This interim final rule is effective July 6, 2016. FOR FURTHER INFORMATION CONTACT: Todd Hettenbach, Attorney, Office of Enforcement, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8794, [email protected]. SUPPLEMENTARY INFORMATION: Order No. 826 Interim Final Rule 1. In this interim final rule, the Federal Energy Regulatory Commission (Commission) is complying with its statutory obligation to amend the civil monetary penalties provided by law for matters within the agency's jurisdiction. I. Background 2. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Adjustment Act),\1\ which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (1990 Adjustment Act),\2\ requires the head of each federal agency to issue an ``interim final rule'' by July 1, 2016 adjusting for inflation each ``civil monetary penalty'' provided by law within the agency's jurisdiction. The agency must then update each such civil monetary penalty on an annual basis every January 15 thereafter.\3\ --------------------------------------------------------------------------- \1\ Sec. 701, Public Law 114-74, 129 Stat. 584, 599. \2\ Public Law 101-410, 104 Stat. 890 (codified as amended at 28 U.S.C. 2461 note). \3\ 28 U.S.C. 2461 note, at (4). --------------------------------------------------------------------------- II. Discussion 3. The 2015 Adjustment Act defines a civil monetary penalty as any penalty, fine, or other sanction that: (A)(i) Is for a specific monetary amount as provided by federal law or (ii) has a maximum amount provided for by federal law; (B) is assessed or enforced by an agency pursuant to federal law; and (C) is assessed or enforced pursuant to an administrative proceeding or a civil action in the federal courts.\4\ This definition applies to the maximum civil penalties that may be imposed under the Federal Power Act (FPA),\5\ the Natural Gas Act (NGA),\6\ the Natural Gas Policy Act of 1978 (NGPA),\7\ and the Interstate Commerce Act (ICA).\8\ --------------------------------------------------------------------------- \4\ Id. (3). \5\ 16 U.S.C. 791a et seq. \6\ 15 U.S.C. 717 et seq. \7\ 15 U.S.C. 3301 et seq. \8\ 49 App. U.S.C. 1 et seq. (1988). --------------------------------------------------------------------------- 4. Under the 2015 Adjustment Act, for the initial adjustment, 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 in which the civil monetary penalty was last set or adjusted under a provision of law other than the 1990 and 2015 Adjustment Acts.\9\ The Office of Management and Budget has instructed agencies to use the CPI-U for 1914 when calculating the inflation multiplier for penalties established or last adjusted prior to 1914.\10\ Adjustments previously made for inflation pursuant to the 1990 Adjustment Act must be excluded.\11\ The first adjustment, which is the subject of the present interim final rule, is limited to 150 percent of the civil monetary penalty that was in effect on November 2, 2015.\12\ --------------------------------------------------------------------------- \9\ 28 U.S.C. 2461 note, at (5)(b).. \10\ See Memorandum from Shaun Donovan, Office of Management and Budget, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 6 (Feb. 24, 2016). \11\ Id. (5)(b)(2)(A). \12\ Id. (5)(b)(2)(C). --------------------------------------------------------------------------- [[Page 43938]] 5. The second step requires multiplying the CPI-U percentage increase by the applicable November 2, 2015 civil monetary penalty.\13\ This step results in a base penalty increase amount. --------------------------------------------------------------------------- \13\ Id. (5)(a). --------------------------------------------------------------------------- 6. The third step requires rounding the base penalty increase amount to the nearest dollar.\14\ --------------------------------------------------------------------------- \14\ Id. --------------------------------------------------------------------------- 7. Under the 2015 Adjustment Act, an agency is directed to use the civil monetary penalty applicable at the time of assessment of a civil penalty, regardless of the date on which the violation occurred.\15\ --------------------------------------------------------------------------- \15\ Id. (6). --------------------------------------------------------------------------- 8. The Commission currently has civil monetary penalty authority of up to $1,000,000 per violation, per day under section 316A(b) of the FPA.\16\ This civil monetary penalty applies to violations of provisions of Part II of the FPA and to violations of rules and orders promulgated pursuant to Part II of the FPA. Congress increased this Civil Monetary Penalty in 2005 from $10,000 to $1,000,000, and it expanded the scope of conduct to which the penalty applies. The Commission has not adjusted this civil monetary penalty for inflation. Inflation during the relevant period was 19.397 percent \17\--the percentage by which the CPI-U for October of the prior year (October 2015, for which the CPI-U=237.838) exceeds the CPI-U for October of the year in which the Civil Monetary Penalty was last set or adjusted (October 2005, for which the CPI-U=199.2). The resulting civil monetary penalty is $1,193,970.\18\ --------------------------------------------------------------------------- \16\ 16 U.S.C. 825o-1(b). \17\ See Bureau of Labor Statistics, Table 24. Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, All Items--Continued, http://www.bls.gov/cpi/cpid1602.pdf (last visited March 22, 2016); see also Memorandum from Shaun Donovan, at 6. \18\ The Commission may impose a penalty against a user, owner, or operator of the bulk-power system for a violation of a reliability standard pursuant to FPA section 215(c)(3), 16 U.S.C. 824o(c)(3). The Commission concluded in 2006 that FPA section 316A establishes the limit on such monetary penalties. See Rule Concerning Certification of the Electric Reliability Organization, and Procedures for the Establishment, Approval, and Enforcement of Electric Reliability Standards, Order No. 672, 71 FR 8662, 8711 (Feb. 17, 2006). --------------------------------------------------------------------------- 9. The Commission currently has civil monetary penalty authority of $11,000 per violation, per day under section 31(c) of the FPA.\19\ This civil monetary penalty applies to licensees, permittees, and exemptees who: (a) Violate or fail or refuse to comply with any rule or regulation issued under Part I of the FPA; (b) violate or fail or refuse to comply with any term or condition of a license, permit, or exemption under Part I of the FPA; or (c) violate or fail or refuse to comply with any order issued pursuant to the Commission's authority to monitor and investigate licenses and permits issued under Part I of the FPA. Congress established this civil monetary penalty at $10,000 in 1986.\20\ The only time that the Commission adjusted this civil monetary penalty was in 2002, when it increased the civil monetary penalty from $10,000 to $11,000 to account for inflation pursuant to the 1990 Adjustment Act.\21\ According to the 2015 Adjustment Act, however, the Commission must disregard such increases made pursuant to the 1990 Adjustment Act. Inflation between October 1986 and October 2015 was 115.628 percent--the percentage by which the CPI-U for October of the prior year (October 2015, for which the CPI-U=237.838) exceeds the CPI-U for October of the year in which the civil monetary penalty was last set or adjusted for purposes of the 2015 Adjustment Act (October 1986, for which the CPI-U=110.3).\22\ The resulting increase rounded to the nearest dollar is $11,563, and the resulting civil monetary penalty is $21,563. --------------------------------------------------------------------------- \19\ 16 U.S.C. 823b(c); 18 CFR 385.1602(b). \20\ Electric Consumers Protection Act of 1986, Section 12(c), Pub. L. 99-495, 100 Stat 1243. \21\ Civil Monetary Penalty Inflation Adjustment Rule, Order No. 692, 67 FR 52410, 52412 (Aug. 12, 2002) (renumbered from Order No. 890). \22\ See Bureau of Labor Statistics, Table 24. Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, All Items--Continued, http://www.bls.gov/cpi/cpid1602.pdf (last visited March 22, 2016); see also Memorandum from Shaun Donovan, at 6. --------------------------------------------------------------------------- 10. Under section 315(a) of the FPA, public utilities or licensees are currently subject to civil forfeiture for any willful failure to: Comply with any order of the Commission; file any report required under the FPA or any rule or regulation promulgated pursuant to the FPA; submit any information or document required by the Commission in the course of an investigation conducted under the FPA; or to appear at any hearing or investigation in response to a subpoena issued under the FPA.\23\ Congress established this civil monetary penalty at $1,000 in 1935.\24\ The only time that the Commission adjusted it was in 2002, when the Commission increased the civil monetary penalty from $1,000 to $1,100 to account for inflation pursuant to the 1990 Adjustment Act.\25\ The Commission must disregard such increases made pursuant to the 1990 Adjustment Act. Inflation during the relevant period was 1,636.044 percent--the percentage by which the CPI-U for October of the prior year (October 2015, for which the CPI-U=237.838) exceeds the CPI- U for October of the year in which the Civil Monetary Penalty was last set or adjusted (October 1935, for which the CPI-U=13.7).\26\ However, the 2015 Adjustment Act caps civil monetary penalty increases at 150 percent, so the resulting increase is $1,750 and the resulting civil monetary penalty is $2,750. --------------------------------------------------------------------------- \23\ 16 U.S.C. 825n(a); 18 CFR 385.1602(c). \24\ 49 Stat. 803, 861 (codified at 16 U.S.C. 825n(a)). \25\ Civil Monetary Penalty Inflation Adjustment Rule, 67 FR at 52412. \26\ See Bureau of Labor Statistics, Table 24. Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, All Items--Continued, http://www.bls.gov/cpi/cpid1602.pdf (last visited March 22, 2016); see also Memorandum from Shaun Donovan, at 6. --------------------------------------------------------------------------- 11. The Commission currently has civil monetary penalty authority of $1,000,000 per violation, per day under section 22 of the NGA.\27\ This civil monetary penalty applies to violations of the NGA, and to violations of rules, regulations, restrictions, conditions, and orders promulgated pursuant to the NGA. Congress established this civil monetary penalty in 2005, and neither the Commission nor Congress has adjusted it for inflation. Inflation during the relevant period was 19.397 percent--the percentage by which the CPI-U for October of the prior year (October 2015, for which the CPI-U=237.838) exceeds the CPI- U for October of the year in which the civil monetary penalty was last set or adjusted (October 2005, for which the CPI-U=199.2).\28\ The resulting civil monetary penalty is $1,193,970. --------------------------------------------------------------------------- \27\ 15 U.S.C. 717t-1. \28\ See Bureau of Labor Statistics, Table 24. Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, All Items--Continued, http://www.bls.gov/cpi/cpid1602.pdf (last visited March 22, 2016); see also Memorandum from Shaun Donovan, at 6. --------------------------------------------------------------------------- 12. The Commission currently has civil monetary penalty authority of $1,000,000 per violation, per day, under section 504(b)(6)(A)(i) of the NGPA.\29\ This civil monetary penalty applies to violations of any provision of the NGPA and to violations of any rule or order issued under the NGPA, including 18 CFR 358.4, 358.5, 250.16, and 284.13. Congress increased this Civil Monetary Penalty in 2005 from $5,000 to $1,000,000, and the Commission has not adjusted it since. Nor has it made conforming changes to one of its regulations, 18 CFR 250.16(e), to reflect the statutory increase of this civil monetary penalty. Inflation during the relevant period was 19.397 percent--the percentage by which the CPI-U for October of the prior year [[Page 43939]] (October 2015, for which the CPI-U=237.838) exceeds the CPI-U for October of the year in which the civil monetary penalty was last set or adjusted (October 2005, for which the CPI-U=199.2).\30\ The resulting civil monetary penalty is $1,193,970. --------------------------------------------------------------------------- \29\ 15 U.S.C. 3414(b)(6)(A)(i). \30\ See Bureau of Labor Statistics, Table 24. Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, All Items--Continued, at http://www.bls.gov/cpi/cpid1602.pdf (last visited March 22, 2016); see also Memorandum from Shaun Donovan, at 6. The Office of Management and Budget has instructed agencies to use the CPI-U for 1914 when calculating the inflation multiplier for penalties established or last adjusted prior to 1914. See Memorandum from Shaun Donovan, at 6. --------------------------------------------------------------------------- 13. Under section 6(10) of the ICA, pipeline carriers, receivers, and trustees are currently subject to a civil penalty for failure or refusal to comply with regulations or orders concerning posting and filing rate schedules issued by the Commission under section 6 of the ICA.\31\ Congress established this civil monetary penalty in 1910 at $500 per offense and $25 per day after the first day,\32\ and that penalty has not been adjusted since. Inflation during the relevant period was 2,254.832 percent--the percentage by which the CPI-U for October of the prior year (October 2015, for which the CPI-U=237.838) exceeds the CPI-U for October 1914 (for which the CPI-U=10.1).\33\ However, the 2015 Adjustment Act caps civil monetary penalty increases at 150 percent, so the base penalty increase is $750, and the per day increase is $37.50. The resulting civil monetary penalty is $1250 per offense and $62.50 per day after the first day. --------------------------------------------------------------------------- \31\ 49 App. U.S.C. 6(10) (1988). \32\ 36 Stat. 539, 548 (codified at 49 App. U.S.C. 6(10) (1988). \33\ See Bureau of Labor Statistics, Table 24. Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, All Items--Continued, at http://www.bls.gov/cpi/cpid1602.pdf (last visited March 22, 2016); see also Memorandum from Shaun Donovan, Office of Management and Budget, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 6 (Feb. 24, 2016). The Office of Management and Budget has instructed agencies to use the CPI-U for 1914 when calculating the inflation multiplier for penalties established or last adjusted prior to 1914. See Memorandum from Shaun Donovan, at 6. --------------------------------------------------------------------------- 14. Under section 16(8) of the ICA, pipeline carriers, representatives or agents of carriers, receivers, trustees, or agents of the above are currently subject to a civil penalty for knowing or neglectful failure to comply with orders issued by the Commission under sections 3 (prohibiting undue or unreasonable preferences, advantages, discrimination, or disadvantages), 13 (concerning Commission investigations and power to set aside, after full hearing, any ``rate, fare, charge, classification, regulation, or practice caus[ing] any undue or reasonable advantage, preference, or prejudice . . . .''), or 15 (empowering the Commission, after full hearing, to set aside any rate, fare, or charge that ``is or will be unjust or unreasonable or unjustly discriminatory or unduly preferential or prejudicial, or otherwise in violation of any provisions of [the ICA]'').\34\ Congress initially established this civil monetary penalty in 1910 at $5,000 per offense, per day,\35\ and it has not been adjusted since. Inflation during the relevant period was 2,254.832 percent--percentage by which the CPI-U for October of the prior year (October 2015, for which the CPI-U=237.838) exceeds the CPI-U for October 1914 (for which the CPI- U=10.1).\36\ However, the 2015 Adjustment Act caps civil monetary penalty increases at 150 percent, so the resulting increase is $7,500 and the resulting civil monetary penalty is $12,500 per day. --------------------------------------------------------------------------- \34\ 49 App. U.S.C. 16(8) (1988). \35\ 36 Stat. 539, 554 (codified at 49 App. U.S.C. 16(8) (1988)). \36\ See Bureau of Labor Statistics, Table 24. Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, All Items--Continued, at http://www.bls.gov/cpi/cpid1602.pdf (last visited March 22, 2016); see also Memorandum from Shaun Donovan, at 6. The Office of Management and Budget has instructed agencies to use the CPI-U for 1914 when calculating the inflation multiplier for penalties established or last adjusted prior to 1914. See Memorandum from Shaun Donovan, at 6. --------------------------------------------------------------------------- 15. Under section 19a(k) of the ICA, pipeline carriers, receivers of pipeline carriers, and operating trustees are currently subject to a civil penalty for their failure to comply with Commission's requirements to provide information, or to provide access, in connection with the Commission's valuation of a pipeline carrier's property under section 19(a) of the ICA.\37\ Congress established this civil monetary penalty in 1913 at $500 per offense, per day,\38\ and it has not been adjusted since. Inflation during the relevant period was 2,254.832 percent--percentage by which the CPI-U for October of the prior year (October 2015, for which the CPI-U=237.838) exceeds the CPI- U for October 1914 (for which the CPI-U=10.1).\39\ However, the 2015 Adjustment Act caps civil monetary penalty increases at 150 percent, so the resulting increase is $750 and the resulting civil monetary penalty is $1,250 per offense, per day. --------------------------------------------------------------------------- \37\ 49 App. U.S.C. 19a(k) (1988). \38\ 37 Stat. 701, 703 (codified at 49 App. U.S.C. 19a(k) (1988)). \39\ See Bureau of Labor Statistics, Table 24. Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, All Items--Continued, at http://www.bls.gov/cpi/cpid1602.pdf (last visited March 22, 2016); see also Memorandum from Shaun Donovan, at 6. The Office of Management and Budget has instructed agencies to use the CPI-U for 1914 when calculating the inflation multiplier for penalties established or last adjusted prior to 1914. See Memorandum from Shaun Donovan, at 6. --------------------------------------------------------------------------- 16. Under section 20(7)(a) of the ICA, pipeline carriers and their lessors are currently subject to a civil penalty for their failure to keep or submit certain accounts, records, or memoranda required by the Commission under authority granted in section 20 of the ICA.\40\ Congress last adjusted this civil monetary penalty in 1940 at $500 per offense, per day,\41\ and it has not been adjusted since. Inflation during the relevant period was 1,598.843 percent--percentage by which the CPI-U for October of the prior year (October 2015, for which the CPI-U=237.838) exceeds the CPI-U for October of the year in which the civil monetary penalty was last set or adjusted (October 1940, for which the CPI-U=14).\42\ However, the 2015 Adjustment Act caps civil monetary penalty increases at 150 percent, so the resulting increase is $750 and the resulting civil monetary penalty is $1,250 per offense, per day. --------------------------------------------------------------------------- \40\ 49 App. U.S.C. 20(7)(a) (1988). \41\ 54 Stat. 916, 918 (codified at 49 App. U.S.C. 20(7)(a) (1988)). \42\ See Bureau of Labor Statistics, Table 24. Historical Consumer Price Index for All Urban Consumers (CPI-U): U.S. City Average, All Items--Continued, at http://www.bls.gov/cpi/cpid1602.pdf (last visited March 22, 2016); see also Memorandum from Shaun Donovan, at 6. --------------------------------------------------------------------------- 17. The preceding adjustments are reflected in the following table: ------------------------------------------------------------------------ Existing maximum Source civil monetary New adjusted civil penalty monetary penalty ------------------------------------------------------------------------ 16 U.S.C. 825o-1(b), Sec. $1,000,000 per $1,193,970 per 316A of the Federal Power violation, per day. violation, per day. Act. 16 U.S.C. 823b(c), Sec. $11,000 per $21,563 per 31(c) of the Federal Power violation, per day. violation, per day. Act. [[Page 43940]] 16 U.S.C. 825n(a), Sec. $ 1,100 per $2,750 per 315(a) of the Federal Power violation. violation. Act. 15 U.S.C. 717t-1, Sec. 22 of $1,000,000 per $1,193,970 per the Natural Gas Act. violation, per day. violation, per day. 15 U.S.C. 3414(b)(6)(A)(i), $1,000,000 per $1,193,970 per Sec. 504(b)(6)(A)(i) of the violation, per day. violation, per day. Natural Gas Policy Act of 1978. 49 App. U.S.C. 6(10) (1988), $500 per offense and $1,250 per offense Sec. 6(10) of the $25 per day after and $62.50 per day Interstate Commerce Act. the first day. after the first day. 49 App. U.S.C. 16(8) (1988), $5,000 per $12,500 per Sec. 16(8) of the violation, per day. violation, per day. Interstate Commerce Act. 49 App. U.S.C. 19a(k) $500 per offense, $1,250 per offense, (1988), Sec. 19a(k) of the per day. per day. Interstate Commerce Act. 49 App. U.S.C. 20(7)(a) $500 per offense, $1,250 per offense, (1988), Sec. 20(7)(a) of per day. per day. the Interstate Commerce Act. ------------------------------------------------------------------------ III. Administrative Findings 18. Under the Administrative Procedure Act, a final rule may be issued without prior public notice and comment if the agency finds that notice and comment are impractical, unnecessary, or contrary to the public interest.\43\ The Commission finds that prior notice and comment for this rulemaking would be impractical, unnecessary, and contrary to the public interest. The Commission is required by law to adopt an interim final rule adjusting its civil monetary penalties for inflation. Moreover, the formula for the civil monetary penalty adjustment is prescribed by Congress and is not subject to the Commission's discretion. Because the Commission is required by law to undertake these inflation adjustments, 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. --------------------------------------------------------------------------- \43\ 5 U.S.C. 553(b)(3)(B). --------------------------------------------------------------------------- IV. Regulatory Flexibility Statement 19. 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.\44\ The requirements of the Regulatory Flexibility Act apply only to rules promulgated following notice and comment.\45\ The requirements of the Regulatory Flexibility Act do not apply to this rulemaking because the Commission is issuing this interim final rule without notice and comment. --------------------------------------------------------------------------- \44\ 5 U.S.C. 601 et seq. \45\ 5 U.S.C. 603, 604. --------------------------------------------------------------------------- V. Paperwork Reduction Act 20. 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.\46\ --------------------------------------------------------------------------- \46\ 44 U.S.C. 3507(d). --------------------------------------------------------------------------- VI. Document Availability 21. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and print the contents of this document via the Internet through the Commission's Home Page (http://www.ferc.gov) and in the Commission's Public Reference Room during normal business hours (8:30 a.m. to 5:00 p.m. Eastern time) at 888 First Street NE., Room 2A, Washington, DC 20426. 22. 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. 23. User assistance is available for eLibrary and the Commission's Web site 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 24. For the same reasons the Commission has determined that public notice and comment are unnecessary, impractical, and contrary to the public interest, the Commission finds good cause to adopt an effective date that is less than 30 days after the date of publication in the Federal Register pursuant to the Administrative Procedure Act,\47\ and therefore, the regulation is effective upon publication in the Federal Register. --------------------------------------------------------------------------- \47\ 5 U.S.C. 553(d)(3). --------------------------------------------------------------------------- 25. 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: June 29, 2016. Kimberly D. Bose, 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 is revised to read as follows: Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352; 28 U.S.C. 2461 note. 0 2. Amend Sec. 250.16 by revising paragraph (e)(1) to read as follows: Sec. 250.16 Format of compliance plan transportation services and affiliate transactions. * * * * * (e) Penalty for failure to comply. (1) Any person who transports gas for others pursuant to Subparts B or G of [[Page 43941]] Part 284 of this chapter and who knowingly violates the requirements of Sec. Sec. 358.4 and 358.5, Sec. 250.16, 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 $1,193,970 for any one violation. * * * * * PART 385--RULES OF PRACTICE AND PROCEDURE 0 3. The authority citation for part 385 is revised to read as follows: Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717z, 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 $21,563 for each day that the violation continues. * * * * * 0 5. Revise Sec. 385.1601 to read as follows: Sec. 385.1601 Scope and purpose (Rule 1601). The purpose of this subpart is to make inflation adjustments to the civil monetary penalties provided by law within the jurisdiction of the Commission. These penalties shall be subject to review and adjustment as necessary at least every year in accordance with the Federal Civil Penalties Inflation Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. 0 6. 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: $1,193,970 per day. (b) 16 U.S.C. 823b(c), Federal Power Act: $21,563 per day. (c) 16 U.S.C. 825n(a), Federal Power Act: $2,750. (d) 16 U.S.C. 825o-1(b), Federal Power Act: $1,193,970 per day. (e) 15 U.S.C. 717t-1, Natural Gas Act: $1,193,970 per day. (f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,250 per offense and $62.50 per day after the first day. (g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $12,500 per day. (h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,250 per day. (i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,250 per day. [FR Doc. 2016-15947 Filed 7-5-16; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43937
Federal Register notice concerning Dated: June 29, 2016. of 1990 (1990 Adjustment Act),2
environmental, civil rights, and other Lisa Mensah, requires the head of each federal agency
applicable Federal state, and local law; Under Secretary, Rural Development. to issue an ‘‘interim final rule’’ by July
(vi) Obtaining disbursement of loan Dated: June 29, 2016. 1, 2016 adjusting for inflation each
funds according to this section and the Alexis Taylor, ‘‘civil monetary penalty’’ provided by
Deputy Under Secretary, Farm and Foreign
law within the agency’s jurisdiction.
annual Federal Register notice within 5
Agricultural Services. The agency must then update each such
years. Any loan funds not disbursed
[FR Doc. 2016–16005 Filed 7–5–16; 8:45 am]
civil monetary penalty on an annual
within that time will be deobligated and basis every January 15 thereafter.3
become unavailable for disbursement. BILLING CODE 3410–XV–P
(2) Agency responsibilities. (i) Based II. Discussion
on the information presented by the Re- 3. The 2015 Adjustment Act defines a
lender and any additional information DEPARTMENT OF ENERGY civil monetary penalty as any penalty,
that may be requested by the Agency, fine, or other sanction that: (A)(i) Is for
Federal Energy Regulatory
the Agency will determine the eligibility a specific monetary amount as provided
Commission
of the applicant and project under this by federal law or (ii) has a maximum
subpart. amount provided for by federal law; (B)
18 CFR Parts 250 and 385
is assessed or enforced by an agency
(ii) The Agency will notify the re- [Docket No. RM16–16–000; Order No. 826] pursuant to federal law; and (C) is
lender of its determination and any assessed or enforced pursuant to an
administrative review or appeal rights Civil Monetary Penalty Inflation administrative proceeding or a civil
for Agency decisions made under this Adjustments action in the federal courts.4 This
subpart. Programmatic decisions based definition applies to the maximum civil
on clear and objective statutory or AGENCY: Federal Energy Regulatory
Commission, Department of Energy. penalties that may be imposed under
regulatory requirements are not the Federal Power Act (FPA),5 the
appealable; however, such decisions are ACTION: Interim final rule.
Natural Gas Act (NGA),6 the Natural Gas
reviewable for appealability by the SUMMARY: The Federal Energy Policy Act of 1978 (NGPA),7 and the
National Appeals Division (NAD). The Regulatory Commission (Commission) is Interstate Commerce Act (ICA).8
applicant and re-lender may appeal any issuing an interim final rule to amend 4. Under the 2015 Adjustment Act, for
Agency decision that directly and its regulations governing the maximum the initial adjustment, the first step for
adversely impacts them. For an adverse civil monetary penalties assessable for such adjustment of a civil monetary
decision that impacts the applicant, the violations of statutes, rules, and orders penalty for inflation requires
re-lender and applicant must jointly within the Commission’s jurisdiction. determining the percentage by which
execute a written request for appeal for The Federal Civil Penalties Inflation the U.S. Department of Labor’s
an alleged adverse decision made by the Adjustment Act of 1990, as amended Consumer Price Index for all-urban
Agency. An adverse decision that only most recently by the Federal Civil consumers (CPI–U) for October of the
impacts the re-lender may be appealed Penalties Inflation Adjustment Act preceding year exceeds the CPI–U for
by the re-lender only. A decision by a Improvements Act of 2015, requires the October of the year in which the civil
re-lender adverse to the interest of an Commission to issue this interim final monetary penalty was last set or
applicant or borrower is not a decision rule. adjusted under a provision of law other
than the 1990 and 2015 Adjustment
by the Agency, whether or not DATES: Effective Date: This interim final Acts.9 The Office of Management and
concurred in by the Agency. Appeals rule is effective July 6, 2016. Budget has instructed agencies to use
will be conducted by USDA NAD and FOR FURTHER INFORMATION CONTACT: the CPI–U for 1914 when calculating the
will be handled in accordance with 7 Todd Hettenbach, Attorney, Office of inflation multiplier for penalties
CFR part 11. Enforcement, Federal Energy Regulatory established or last adjusted prior to
(iii) For approved eligible borrowers Commission, 888 First Street NE., 1914.10 Adjustments previously made
and projects, the Agency will confirm Washington, DC 20426, (202) 502–8794, for inflation pursuant to the 1990
that all environmental requirements as Todd.Hettenbach@ferc.gov. Adjustment Act must be excluded.11
specified in this subpart and 7 CFR part SUPPLEMENTARY INFORMATION: The first adjustment, which is the
1970 have been met and that the Re- subject of the present interim final rule,
Order No. 826 is limited to 150 percent of the civil
lender has provided adequate security
for its loan, before the Agency will Interim Final Rule monetary penalty that was in effect on
disburse funds to the Re-lender; November 2, 2015.12
1. In this interim final rule, the
(iv) The Agency will service each re- Federal Energy Regulatory Commission
2 Public Law 101–410, 104 Stat. 890 (codified as
lender’s loan in accordance with 7 CFR (Commission) is complying with its amended at 28 U.S.C. 2461 note).
part 1951, subpart E. The Agency may statutory obligation to amend the civil 3 28 U.S.C. 2461 note, at (4).
suspend further disbursements, and monetary penalties provided by law for 4 Id. (3).
pursue any other available and matters within the agency’s jurisdiction. 5 16 U.S.C. 791a et seq.
6 15 U.S.C. 717 et seq.
appropriate remedies, if any of the re- I. Background 7 15 U.S.C. 3301 et seq.
lender loans become troubled,
2. The Federal Civil Penalties 8 49 App. U.S.C. 1 et seq. (1988).
ehiers on DSK5VPTVN1PROD with RULES
delinquent, or otherwise in default 9 28 U.S.C. 2461 note, at (5)(b)..
Inflation Adjustment Act Improvements
status, or if the re-lender is not meeting 10 See Memorandum from Shaun Donovan, Office
Act of 2015 (2015 Adjustment Act),1
the terms of its Relender’s Agreement. which further amended the Federal
of Management and Budget, Implementation of the
Federal Civil Penalties Inflation Adjustment Act
Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 6 (Feb. 24, 2016).
11 Id. (5)(b)(2)(A).
1 Sec. 701, Public Law 114–74, 129 Stat. 584, 599. 12 Id. (5)(b)(2)(C).
VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1](https://thefederalregister.org/doc/81_FR_44066/page/1.svg)
![Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43939
(October 2015, for which the CPI– discrimination, or disadvantages), 13 day,38 and it has not been adjusted
U=237.838) exceeds the CPI–U for (concerning Commission investigations since. Inflation during the relevant
October of the year in which the civil and power to set aside, after full period was 2,254.832 percent—
monetary penalty was last set or hearing, any ‘‘rate, fare, charge, percentage by which the CPI–U for
adjusted (October 2005, for which the classification, regulation, or practice October of the prior year (October 2015,
CPI–U=199.2).30 The resulting civil caus[ing] any undue or reasonable for which the CPI–U=237.838) exceeds
monetary penalty is $1,193,970. advantage, preference, or prejudice the CPI–U for October 1914 (for which
13. Under section 6(10) of the ICA, . . . .’’), or 15 (empowering the the CPI–U=10.1).39 However, the 2015
pipeline carriers, receivers, and trustees Commission, after full hearing, to set Adjustment Act caps civil monetary
are currently subject to a civil penalty aside any rate, fare, or charge that ‘‘is or penalty increases at 150 percent, so the
for failure or refusal to comply with will be unjust or unreasonable or resulting increase is $750 and the
regulations or orders concerning posting unjustly discriminatory or unduly resulting civil monetary penalty is
and filing rate schedules issued by the preferential or prejudicial, or otherwise
Commission under section 6 of the $1,250 per offense, per day.
in violation of any provisions of [the
ICA.31 Congress established this civil ICA]’’).34 Congress initially established 16. Under section 20(7)(a) of the ICA,
monetary penalty in 1910 at $500 per this civil monetary penalty in 1910 at pipeline carriers and their lessors are
offense and $25 per day after the first $5,000 per offense, per day,35 and it has currently subject to a civil penalty for
day,32 and that penalty has not been not been adjusted since. Inflation during their failure to keep or submit certain
adjusted since. Inflation during the the relevant period was 2,254.832 accounts, records, or memoranda
relevant period was 2,254.832 percent— percent—percentage by which the CPI– required by the Commission under
the percentage by which the CPI–U for U for October of the prior year (October authority granted in section 20 of the
October of the prior year (October 2015, 2015, for which the CPI–U=237.838) ICA.40 Congress last adjusted this civil
for which the CPI–U=237.838) exceeds exceeds the CPI–U for October 1914 (for monetary penalty in 1940 at $500 per
the CPI–U for October 1914 (for which which the CPI–U=10.1).36 However, the offense, per day,41 and it has not been
the CPI–U=10.1).33 However, the 2015 2015 Adjustment Act caps civil adjusted since. Inflation during the
Adjustment Act caps civil monetary monetary penalty increases at 150 relevant period was 1,598.843 percent—
penalty increases at 150 percent, so the percent, so the resulting increase is percentage by which the CPI–U for
base penalty increase is $750, and the $7,500 and the resulting civil monetary October of the prior year (October 2015,
per day increase is $37.50. The resulting penalty is $12,500 per day. for which the CPI–U=237.838) exceeds
civil monetary penalty is $1250 per 15. Under section 19a(k) of the ICA, the CPI–U for October of the year in
offense and $62.50 per day after the first pipeline carriers, receivers of pipeline which the civil monetary penalty was
day. carriers, and operating trustees are last set or adjusted (October 1940, for
14. Under section 16(8) of the ICA, currently subject to a civil penalty for
pipeline carriers, representatives or which the CPI–U=14).42 However, the
their failure to comply with
agents of carriers, receivers, trustees, or 2015 Adjustment Act caps civil
Commission’s requirements to provide
agents of the above are currently subject monetary penalty increases at 150
information, or to provide access, in
to a civil penalty for knowing or connection with the Commission’s percent, so the resulting increase is $750
neglectful failure to comply with orders valuation of a pipeline carrier’s property and the resulting civil monetary penalty
issued by the Commission under under section 19(a) of the ICA.37 is $1,250 per offense, per day.
sections 3 (prohibiting undue or Congress established this civil monetary 17. The preceding adjustments are
unreasonable preferences, advantages, penalty in 1913 at $500 per offense, per reflected in the following table:
Existing maximum civil
Source New adjusted civil monetary penalty
monetary penalty
16 U.S.C. 825o–1(b), Sec. 316A of the Federal $1,000,000 per violation, per day .................... $1,193,970 per violation, per day.
Power Act.
16 U.S.C. 823b(c), Sec. 31(c) of the Federal $11,000 per violation, per day ......................... $21,563 per violation, per day.
Power Act.
30 See Bureau of Labor Statistics, Table 24. Act of 2015, 6 (Feb. 24, 2016). The Office of 38 37 Stat. 701, 703 (codified at 49 App. U.S.C.
Historical Consumer Price Index for All Urban Management and Budget has instructed agencies to 19a(k) (1988)).
Consumers (CPI–U): U.S. City Average, All Items— use the CPI–U for 1914 when calculating the 39 See Bureau of Labor Statistics, Table 24.
Continued, at http://www.bls.gov/cpi/cpid1602.pdf inflation multiplier for penalties established or last Historical Consumer Price Index for All Urban
(last visited March 22, 2016); see also Memorandum adjusted prior to 1914. See Memorandum from Consumers (CPI–U): U.S. City Average, All Items—
from Shaun Donovan, at 6. The Office of Shaun Donovan, at 6. Continued, at http://www.bls.gov/cpi/cpid1602.pdf
Management and Budget has instructed agencies to 34 49 App. U.S.C. 16(8) (1988). (last visited March 22, 2016); see also Memorandum
use the CPI–U for 1914 when calculating the 35 36 Stat. 539, 554 (codified at 49 App. U.S.C. from Shaun Donovan, at 6. The Office of
inflation multiplier for penalties established or last Management and Budget has instructed agencies to
adjusted prior to 1914. See Memorandum from 16(8) (1988)).
use the CPI–U for 1914 when calculating the
36 See Bureau of Labor Statistics, Table 24.
Shaun Donovan, at 6. inflation multiplier for penalties established or last
31 49 App. U.S.C. 6(10) (1988). Historical Consumer Price Index for All Urban adjusted prior to 1914. See Memorandum from
32 36 Stat. 539, 548 (codified at 49 App. U.S.C. Consumers (CPI–U): U.S. City Average, All Items— Shaun Donovan, at 6.
6(10) (1988). Continued, at http://www.bls.gov/cpi/cpid1602.pdf 40 49 App. U.S.C. 20(7)(a) (1988).
(last visited March 22, 2016); see also Memorandum 41 54 Stat. 916, 918 (codified at 49 App. U.S.C.
ehiers on DSK5VPTVN1PROD with RULES
33 See Bureau of Labor Statistics, Table 24.
Historical Consumer Price Index for All Urban from Shaun Donovan, at 6. The Office of 20(7)(a) (1988)).
Consumers (CPI–U): U.S. City Average, All Items— Management and Budget has instructed agencies to 42 See Bureau of Labor Statistics, Table 24.
Continued, at http://www.bls.gov/cpi/cpid1602.pdf use the CPI–U for 1914 when calculating the Historical Consumer Price Index for All Urban
(last visited March 22, 2016); see also Memorandum inflation multiplier for penalties established or last Consumers (CPI–U): U.S. City Average, All Items—
from Shaun Donovan, Office of Management and adjusted prior to 1914. See Memorandum from Continued, at http://www.bls.gov/cpi/cpid1602.pdf
Budget, Implementation of the Federal Civil Shaun Donovan, at 6. (last visited March 22, 2016); see also Memorandum
Penalties Inflation Adjustment Act Improvements 37 49 App. U.S.C. 19a(k) (1988). from Shaun Donovan, at 6.
VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1](https://thefederalregister.org/doc/81_FR_44066/page/3.svg)
![Federal Register / Vol. 81, No. 129 / Wednesday, July 6, 2016 / Rules and Regulations 43941
Part 284 of this chapter and who (e) 15 U.S.C. 717t–1, Natural Gas Act: II. Calculation of Adjustment
knowingly violates the requirements of $1,193,970 per day.
§§ 358.4 and 358.5, § 250.16, or § 284.13 (f) 49 App. U.S.C. 6(10) (1988), The OMB issued guidance on
of this chapter will be subject, pursuant Interstate Commerce Act: $1,250 per calculating the catch-up adjustment. See
to sections 311(c), 501, and 504(b)(6) of offense and $62.50 per day after the first February 24, 2016, Memorandum for the
the Natural Gas Policy Act of 1978, to day. Heads of Executive Departments and
a civil penalty, which the Commission (g) 49 App. U.S.C. 16(8) (1988), Agencies, from Shaun Donovan,
may assess, of not more than $1,193,970 Interstate Commerce Act: $12,500 per Director, Office of Management and
for any one violation. day. Budget, Subject: Implementation of the
* * * * * (h) 49 App. U.S.C. 19a(k) (1988), Federal Civil Penalties Inflation
Interstate Commerce Act: $1,250 per Adjustment Act Improvements Act of
PART 385—RULES OF PRACTICE AND day. 2015. Under this guidance, the
PROCEDURE (i) 49 App. U.S.C. 20(7)(a) (1988), Commission has identified one
Interstate Commerce Act: $1,250 per applicable civil monetary penalty and
■ 3. The authority citation for part 385 day. calculated the catch-up adjustment.
is revised to read as follows: [FR Doc. 2016–15947 Filed 7–5–16; 8:45 am] This rule adjusts the level of the civil
Authority: 5 U.S.C. 551–557; 15 U.S.C. BILLING CODE 6717–01–P monetary penalty contained in 25 CFR
717–717z, 3301–3432; 16 U.S.C. 791a–825v, 575.4 (‘‘The Chairman may assess a civil
2601–2645; 28 U.S.C. 2461; 31 U.S.C. 3701, fine, not to exceed $25,000 per
9701; 42 U.S.C. 7101–7352, 16441, 16451– DEPARTMENT OF THE INTERIOR violation, against a tribe, management
16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85
contractor, or individual operating
(1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. National Indian Gaming Commission
2461 note (2015). Indian gaming for each notice of
violation . . .’’). The OMB provided to
■ 4. Revise § 385.1504(a) to read as 25 CFR Part 575 agencies a table of multipliers to adjust
follows: the penalty level based on the year that
Civil Penalty Inflation Adjustment
§ 385.1504 Maximum civil penalty (Rule the penalty was established or last
1504). AGENCY: National Indian Gaming adjusted by statute or regulation. The
(a) Except as provided in paragraph Commission. multiplier for 1988 (when the Indian
(b) of this section, the Commission may ACTION: Interim final rule. Gaming Regulatory Act was enacted) is
assess a civil penalty of up to $21,563 1.97869 ($25,000 × 1.97869 = $49,467).
SUMMARY: In compliance with the
for each day that the violation III. Regulatory Matters
Federal Civil Penalties Inflation
continues.
Adjustment Act Improvements Act of Regulatory Planning and Review
* * * * * 2015 and Office of Management and
■ 5. Revise § 385.1601 to read as Budget (OMB) guidance, this rule This interim final rule is not a
follows: adjusts the level of the civil monetary significant rule and OMB has reviewed
penalty, contained in the National this rule under Executive Order 12866.
§ 385.1601 Scope and purpose (Rule
1601). Indian Gaming Commission’s (NIGC or This rule provides an initial catch-up
Commission) regulation, with an initial adjustment of penalties to account for
The purpose of this subpart is to make
‘‘catch-up’’ adjustment. inflation.
inflation adjustments to the civil
DATES: This interim final rule will have
monetary penalties provided by law (1) This rule will not have an effect of
within the jurisdiction of the an effective date of August 1, 2016.
$100 million or more on the economy or
Commission. These penalties shall be FOR FURTHER INFORMATION CONTACT: will not adversely affect, in a material
subject to review and adjustment as Contact Armando J. Acosta, Senior way, the economy, productivity,
necessary at least every year in Attorney, Office of General Counsel, competition, jobs, the environment,
accordance with the Federal Civil National Indian Gaming Commission, at public health or safety, or state, local, or
Penalties Inflation Act of 1990, as (202) 632–7003; fax (202) 632–7066 (not tribal governments or communities.
amended by the Federal Civil Penalties toll-free numbers).
SUPPLEMENTARY INFORMATION:
(2) This rule will not create a serious
Inflation Adjustment Act Improvements
inconsistency or otherwise interfere
Act of 2015. I. Background with an action taken or planned by
■ 6. Revise § 385.1602 to read as
On November 2, 2015, the President another agency.
follows:
signed into law the Federal Civil (3) This rule does not involve
§ 385.1602 Civil penalties, as adjusted Penalties Inflation Adjustment Act entitlements, grants, user fees, or loan
(Rule 1602). Improvements Act of 2015 (Sec. 701 of programs or the rights or obligations of
The current inflation-adjusted civil Pub. L. 114–74) (the Act). The Act recipients.
monetary penalties provided by law requires federal agencies to adjust the
(4) This regulatory change does not
within the jurisdiction of the level of civil monetary penalties with an
initial ‘‘catch-up’’ adjustment through raise novel legal or policy issues.
Commission are:
(a) 15 U.S.C. 3414(b)(6)(A)(i), Natural an interim final rulemaking and then Regulatory Flexibility Act
Gas Policy Act of 1978: $1,193,970 per make subsequent annual adjustments
day. for inflation. A civil monetary penalty is The Commission certifies that this
ehiers on DSK5VPTVN1PROD with RULES
(b) 16 U.S.C. 823b(c), Federal Power any assessment with a dollar amount document will not have a significant
Act: $21,563 per day. that is levied for a violation of a federal economic effect on a substantial number
(c) 16 U.S.C. 825n(a), Federal Power civil statute or regulation, and is of small entities under the Regulatory
Act: $2,750. assessed or enforceable through a civil Flexibility Act (5 U.S.C. 601 et seq.)
(d) 16 U.S.C. 825o–1(b), Federal action in federal court or an because the rule makes adjustments for
Power Act: $1,193,970 per day. administrative proceeding. inflation.
VerDate Sep<11>2014 12:09 Jul 05, 2016 Jkt 238001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\06JYR1.SGM 06JYR1](https://thefederalregister.org/doc/81_FR_44066/page/5.svg)
Document Created: 2016-07-06 07:56:15
Document Modified: 2016-07-06 07:56:15
| 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 rule. | |
| Contact | Todd Hettenbach, Attorney, Office of Enforcement, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8794, [email protected] | |
| FR Citation | 81 FR 43937 | |
| CFR Citation | 18
CFR
250 18 CFR 385 | |
| CFR Associated | Natural Gas; Reporting and Recordkeeping Requirements; Administrative Practice and Procedure; Electric Power; Penalties and Pipelines |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR