82 FR 28760 - Implementation of the Federal Civil Penalties Inflation Adjustment Act
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION Federal Register Volume 82, Issue 121 (June 26, 2017)
Federal Register Volume 82, Issue 121 (June 26, 2017)
| Page Range | 28760-28763 | |
| FR Document | 2017-13209 |
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)] [Rules and Regulations] [Pages 28760-28763] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-13209] ======================================================================= ----------------------------------------------------------------------- NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Parts 1264 and 1271 RIN 2700-AE30 [Document Number NASA-17-039: Docket Number--NASA-2017-0002] Implementation of the Federal Civil Penalties Inflation Adjustment Act AGENCY: National Aeronautics and Space Administration. ACTION: Interim final rule with request for public comment. ----------------------------------------------------------------------- SUMMARY: The National Aeronautics and Space Administration (NASA) is publishing for public comment an interim final rule to adjust the civil monetary penalties within its jurisdiction for inflation, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment Act or the Act), as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act). The revision to this rule is part of NASA's retrospective plan under Executive Order (E.O.) 13563 completed in August 2011. NASA's full plan can be accessed on the Agency's open Government Web site at http://www.nasa.gov/open/. DATES: This interim final rule is effective August 25, 2017. FOR FURTHER INFORMATION CONTACT: Bryan R. Diederich, Office of the General Counsel, NASA Headquarters, telephone (202) 358-0216. SUPPLEMENTARY INFORMATION: [[Page 28761]] I. Background The Inflation Adjustment Act, as amended by the 2015 Act, requires Federal agencies to adjust the civil penalty amounts within their jurisdiction for inflation by July 1, 2016, and then by January 15 every year thereafter.\1\ Agencies must make the initial 2016 adjustments through an interim final rulemaking published in the Federal Register.\2\ Under the amended Act, any increase in a civil penalty made under the Act will apply to penalties assessed after the increase takes effect, including penalties whose associated violation predated the increase.\3\ The inflation adjustments mandated by the Act serve to maintain the deterrent effect of civil penalties and to promote compliance with the law. --------------------------------------------------------------------------- \1\ See 28 U.S.C. 2461 note. \2\ The statute also provides that, for the initial 2016 adjustment, an agency may adjust a civil penalty by less than the otherwise required amount if (1) it determines, after publishing a notice of proposed rulemaking and providing an opportunity for comment, that increasing the civil penalty by the otherwise required amount would have a negative economic impact or that the social costs of increasing the civil penalty by the otherwise required amount outweigh the benefits, and (2) the Director of the Office of Management and Budget concurs with that determination. Inflation Adjustment Act section 4(c), codified at 28 U.S.C. 2461 note. NASA has chosen not to make use of this exception. \3\ Inflation Adjustment Act section 6, codified at 28 U.S.C. 2461 note. --------------------------------------------------------------------------- II. Method of Calculation The Inflation Adjustment Act prescribes a specific method for calculating the inflation adjustments.\4\ As amended by the 2015 Act, the Act provides that the maximum (and minimum, if applicable) amounts for each civil penalty must be increased by the ``cost-of-living adjustment,'' a term that the Act defines. For purposes of the initial adjustments that agencies must make by July 1, 2016, the ``cost-of- living adjustment'' is defined as the percentage increase in the Consumer Price Index between (1) October of the calendar year during which the civil penalty amount was established or adjusted under a provision of law other than the Inflation Adjustment Act and (2) October 2015. The Consumer Price Index to be used for purposes of this calculation is the Consumer Price Index for all urban consumers (CPI-U) published by the Department of Labor.\5\ The Office of Management and Budget (OMB) has published guidance for implementing this requirement.\6\ OMB's guidance memorandum provides multipliers that agencies should use to adjust penalty amounts based on the year the penalty was established or last adjusted under authority other than the Inflation Adjustment Act. --------------------------------------------------------------------------- \4\ Inflation Adjustment Act section 5, codified at 28 U.S.C. 2461 note. \5\ U.S. Dep't of Labor, Bureau of Labor Statistics, CPI Tables, http://www.bls.gov/cpi/#tables. \6\ Memorandum from Shaun Donovan, Director, Office of Management and Budget, to the Heads of Executive Departments and Agencies (Feb. 24, 2016), https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf. --------------------------------------------------------------------------- To determine the new penalty amount, the agency must apply the multiplier reflecting the ``cost-of-living adjustment'' \7\ to the penalty amount as it was most recently established or adjusted under a provision of law other than the Inflation Adjustment Act. The agency must then round that amount to the nearest dollar.\8\ The increase made by this initial adjustment may not exceed 150 percent of the penalty amount in effect on the date the 2015 Act was enacted, November 2, 2015. --------------------------------------------------------------------------- \7\ [thinsp]The multipliers reflecting the ``cost-of-living adjustment'' that OMB provides are rounded to five decimal places. NASA has used the OMB multipliers in calculating its civil penalty adjustments. \8\ In rounding to the nearest dollar, NASA has rounded down where the digit immediately following the decimal point is less than 5 and has rounded up where the digit immediately following the decimal point is 5 or greater. --------------------------------------------------------------------------- III. Description of the Interim Final Rule This interim final rule establishes the inflation-adjusted maximum amounts for each civil penalty within NASA's jurisdiction. The following table lists the civil penalties within NASA's jurisdiction and summarizes the relevant information needed to calculate the inflation adjustments pursuant to the statutory method. ---------------------------------------------------------------------------------------------------------------- Penalty amount Year penalty as established established or or last last adjusted Penalty amount adjusted under under a in effect on Law Penalty description a provision provision other November 2, other than the than the 2015 Inflation Inflation Adjustment Act Adjustment Act ---------------------------------------------------------------------------------------------------------------- Program Fraud Civil Remedies Act of Maximum penalties for $5,000 1986 $5,000 1986. false claims. Department of the Interior and Minimum penalty for use 10,000 1989 10,000 Related Agencies Appropriations Act of appropriated funds of 1989, Public Law 101-121, sec. to lobby or influence 319. certain contracts. Department of the Interior and Maximum penalty for use 100,000 1989 100,000 Related Agencies Appropriations Act of appropriated funds of 1989, Public Law 101-121, sec. to lobby or influence 319. certain contracts. Department of the Interior and Minimum penalty for 10,000 1989 10,000 Related Agencies Appropriations Act failure to report of 1989, Public Law 101-121, sec. certain lobbying 319. transactions. Department of the Interior and Maximum penalty for 100,000 1989 100,000 Related Agencies Appropriations Act failure to report of 1989, Public Law 101-121, sec. certain lobbying 319. transactions. ---------------------------------------------------------------------------------------------------------------- NASA followed the procedure outlined above in part II to calculate the adjusted civil penalty amounts. In accordance with the statutory requirements and OMB guidance, NASA multiplied each penalty amount as established or last adjusted under a provision other than the Inflation Adjustment Act by the OMB multiplier corresponding to the appropriate year, and then rounded that amount to the nearest dollar, to calculate the new, inflation-adjusted civil penalty amount. The following chart summarizes the results of these calculations: [[Page 28762]] -------------------------------------------------------------------------------------------------------------------------------------------------------- Penalty amount Year penalty as established established or or last last adjusted OMB ``cost-of- New penalty adjusted under under a living New penalty amount adjusted Law Penalty description a provision provision other adjustment'' amount for 150% other than the than the multiplier threshold Inflation Inflation Adjustment Act Adjustment Act -------------------------------------------------------------------------------------------------------------------------------------------------------- Program Fraud Civil Remedies Act of Maximum Penalties for $5,000 1986 2.15628 $10,781 $10,781 1986. False Claims. Department of the Interior and Related Minimum Penalty for use of 10,000 1989 1.89361 18,936 18,936 Agencies Appropriations Act of 1989, appropriated funds to Public Law 101-121, sec. 319. lobby or influence certain contracts. Department of the Interior and Related Maximum Penalty for use of 100,000 1989 1.89361 189,361 189,361 Agencies Appropriations Act of 1989, appropriated funds to Public Law 101-121, sec. 319. lobby or influence certain contracts. Department of the Interior and Related Minimum penalty for 10,000 1989 1.89361 18,936 18,936 Agencies Appropriations Act of 1989, failure to report certain Public Law 101-121, sec. 319. lobbying transactions. Department of the Interior and Related Maximum penalty for 100,000 1989 1.89361 189,361 189,361 Agencies Appropriations Act of 1989, failure to report certain Public Law 101-121, sec. 319. lobbying transactions. -------------------------------------------------------------------------------------------------------------------------------------------------------- This rule codifies these civil penalty amounts by amending parts 1264 and 1271 of title 14 of the CFR. IV. Legal Authority and Effective Date NASA issues this rule under the Federal Civil Penalties Inflation Adjustment Act of 1990,\9\ as amended by the Debt Collection Improvement Act of 1996,\10\ and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,\11\ which requires NASA to adjust the civil penalties within its jurisdiction for inflation according to a statutorily prescribed formula. --------------------------------------------------------------------------- \9\ Public Law 101-410, 104 Stat. 890 (1990). \10\ Public Law 104-134, section 31001(s)(1), 110 Stat. 1321, 1321-373 (1996). \11\ Public Law 114-74, section 701, 129 Stat. 584, 599 (2015). --------------------------------------------------------------------------- The Administrative Procedure Act (APA) generally requires an agency to publish a rule at least 30 days before its effective date.\12\ This rule satisfies that requirement. --------------------------------------------------------------------------- \12\ See 5 U.S.C. 533(d). --------------------------------------------------------------------------- V. Request for Comment Although notice and comment rulemaking procedures are not required, NASA invites comments on this notice. Commenters are specifically encouraged to identify any technical issues raised by the rule. VI. Regulatory Requirements Notice and Comment Under the APA, notice and opportunity for public comment are not required if NASA finds that notice and public comment are impracticable, unnecessary, or contrary to the public interest.\13\ This interim final rule adjusts the civil penalty amounts within the NASA's jurisdiction for inflation, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The amendments in this interim final rule are technical, and they merely apply the statutory method for adjusting civil penalty amounts. For these reasons, NASA has determined that publishing a notice of proposed rulemaking and providing opportunity for public comment are unnecessary. Moreover, the statute expressly requires NASA to make these initial adjustments through an interim final rulemaking to be published by July 1, 2016,\14\ and OMB's guidance confirms that agencies need not complete a notice-and-comment process before promulgating the rule.\15\ Therefore, the amendments are adopted in final form. --------------------------------------------------------------------------- \13\ 5 U.S.C. 533(b)(B). \14\ Inflation Adjustment Action, section 4(b)(1)(A), codified at 28 U.S.C. 2461 note. \15\ Memorandum from Shaun Donovan, Director, Office of Management and Budget, to the Heads of Executive Departments and Agencies 3 (Feb. 24, 2016), https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf. --------------------------------------------------------------------------- Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis.\16\ --------------------------------------------------------------------------- \16\ 5 U.S.C. 603(a), 604(a). --------------------------------------------------------------------------- Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995,\17\ NASA reviewed this interim final rule. No collections of information pursuant to the Paperwork Reduction Act are contained in the interim final rule. --------------------------------------------------------------------------- \17\ 44 U.S.C. 3506-. --------------------------------------------------------------------------- List of Subjects in 14 CFR Parts 1264 and 1271 Claims, Penalties, Lobbying. For the reasons stated in the preamble, the National Aeronautics and Space Administration amends 14 CFR parts 1264 and 1271 as follows: PART 1264--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 1986 0 1. The authority citation for part 1264 continues to read as follows: [[Page 28763]] Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a). Sec. 1264.102 [Amended] 0 2. In Sec. 1264.102, paragraphs (a) and (b), remove the number ``$5,000'' and add in its place the number ``$10,781''. PART 1271--NEW RESTRICTIONS ON LOBBYING 0 3. The authority citation for part 1271 continues to read as follows: Authority: Section 319, Pub. L. 101-121 (31 U.S.C. 1352); Pub. L. 97-258 (31 U.S.C. 6301 et seq.). Subpart D--Penalties and Enforcement Sec. 1271.400 [Amended] 0 4. In Sec. 1271.400: 0 a. In paragraphs (a) and (b), remove the words ``not less than $10,000 and not more than $100,000'' and add in their place the words ``not less than $18,936 and not more than $189,361''; and 0 b. In paragraph (e), remove the two occurrences of ``$10,000'' and add in their places ``$18,936'' and remove ``$100,000'' and add in its place ``$189,361''. Appendix A to Part 1271 [Amended] 0 6. In appendix A to part 1271, in paragraph following paragraph (3) and in the last paragraph of the appendix, remove the words ``not less than $10,000 and not more than $100,000'' and add in their place the words ``not less than $18,936 and not more than $189,361''. Cheryl E. Parker, NASA Federal Register Liaison Officer. [FR Doc. 2017-13209 Filed 6-23-17; 8:45 am] BILLING CODE P
![28760 Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations
(f) Actions and Compliance (1) Alternative Methods of Compliance Locust, Kansas City, Missouri 64106. For
Unless already done, do the following (AMOCs): The Manager, Standards Office, information on the availability of this
actions: FAA, has the authority to approve AMOCs material at the FAA, call (816) 329–4148. In
(1) Within the next 30 days after July 31, for this AD, if requested using the procedures addition, you can access this service
found in 14 CFR 39.19. Send information to information on the Internet at http://
2017 (the effective date of this AD), inspect
ATTN: Jim Rutherford, Aerospace Engineer, www.regulations.gov by searching for and
all textile fabric covered fuel hoses located in
FAA, Small Airplane Directorate, 901 Locust, locating Docket No. FAA–2017–0343.
the fuselage following Instructions 1. of DG Room 301, Kansas City, Missouri 64106;
Flugzeugbau GmbH Technical note (TN) No. (5) You may view this service information
telephone: (816) 329–4165; fax: (816) 329– that is incorporated by reference at the
800–44, 500–10, DG–SS–02, dated November 4090; email: jim.rutherford@faa.gov. Before
9, 2016. National Archives and Records
using any approved AMOC on any glider to Administration (NARA). For information on
Note 2 to paragraph (f)(1) through (6) of which the AMOC applies, notify your the availability of this material at NARA, call
this AD: DG Flugzeugbau GmbH TN No. 800– appropriate principal inspector (PI) in the 202–741–6030, or go to: http://
44, DG Flugzeugbau GmbH TN No. 500–10, FAA Flight Standards District Office (FSDO), www.archives.gov/federal-register/cfr/ibr-
and DG Flugzeugbau GmbH TN No. DG–SS– or lacking a PI, your local FSDO. locations.html.
02, are all dated November 9, 2016, and co- (2) Airworthy Product: For any requirement
published as one document. in this AD to obtain corrective actions from Issued in Kansas City, Missouri, on June
a manufacturer or other source, use these 19, 2017.
(2) If any kinking or wet fabric covering is
found during the inspection required in actions if they are FAA-approved. Corrective Pat Mullen,
paragraph (f)(1) of this AD, within the next actions are considered FAA-approved if they Acting Manager, Small Airplane Directorate,
14 days after the inspection, replace all are approved by the State of Design Authority Aircraft Certification Service.
textile fabric covered fuel hoses located in (or their delegated agent). You are required
[FR Doc. 2017–13127 Filed 6–23–17; 8:45 am]
the fuselage following Instructions 2. of DG to assure the product is airworthy before it
Flugzeugbau GmbH TN No. 800–44, 500–10, is returned to service. BILLING CODE 4910–13–P
DG–SS–02, dated November 9, 2016, and (h) Related Information
DG–400 diagram 8, 6 TN DG–SS–02; DG–
Refer to MCAI European Aviation Safety
500M diagram 14, TN 500/10; DG–500MB Agency (EASA) AD No.: 2016–0259, dated NATIONAL AERONAUTICS AND
diagram 14, TN 500/10; DG–800A/LA December 21, 2016, for related information.
diagram 11, TN 800/44; DG–800B Solo 2625 SPACE ADMINISTRATION
You may examine the MCAI on the Internet
diagram 11, TN 800/44; DG–800B Solo 2625 at https://www.regulations.gov/
diagram 11a, TN 800/44; DG–800B Solo 2625 14 CFR Parts 1264 and 1271
document?D=FAA-2017-0343-0002.
diagram 11b, TN 800/44; and DG–800B ab
W.Nr. 8–155/from ser. no. 8–155 on, diagram (i) Material Incorporated by Reference RIN 2700–AE30
11d, TN 800/44, as applicable, all diagrams (1) The Director of the Federal Register
issued October 2016. approved the incorporation by reference [Document Number NASA–17–039: Docket
(3) If no kinking or wet fabric covering is (IBR) of the service information listed in this Number—NASA–2017–0002]
found during the inspection required in paragraph under 5 U.S.C. 552(a) and 1 CFR
paragraph (f)(1) of this AD, within the next part 51. Implementation of the Federal Civil
12 months after July 31, 2017 (the effective (2) You must use this service information Penalties Inflation Adjustment Act
date of this AD), replace all textile fabric as applicable to do the actions required by
covered fuel hoses located in the fuselage this AD, unless this AD specifies otherwise. AGENCY: National Aeronautics and
following the instructions and diagrams (i) DG–400 diagram 8, issued October 2016 Space Administration.
specified in paragraph (f)(2) of this AD. TN DG–SS–02. ACTION: Interim final rule with request
(4) Within 12 months after doing the (ii) DG–500M diagram 14, issued October
for public comment.
replacements required in paragraph (f)(2) or 2016 TN 500/10.
(f)(3) of this AD, as applicable, and (iii) DG–500MB diagram 14, issued October SUMMARY: The National Aeronautics and
repetitively thereafter at intervals not to 2016 TN 500/10.
(iv) DG–800A/LA diagram 11, issued Space Administration (NASA) is
exceed 12 months, inspect all fuel hoses in
the fuselage for any signs of wear, fissures, October 2016 TN 800/44. publishing for public comment an
kinks, lack of tight fit, or leaks. For this (v) DG–800B Solo 2625 diagram 11, issued interim final rule to adjust the civil
inspection, the ignition switch must be October 2016 TN 800/44. monetary penalties within its
turned on to run the electric fuel pump to (vi) DG–800B Solo 2625 diagram 11a, jurisdiction for inflation, as required by
demonstrate an operating fuel pressure. Do issued October 2016 TN 800/44. the Federal Civil Penalties Inflation
this inspection following Instructions 4. of (vii) DG–800B Solo 2625 diagram 11b, Adjustment Act of 1990 (the Inflation
DG Flugzeugbau GmbH TN No. 800–44, 500– issued October 2016 TN 800/44.
(viii) DG–800B ab W.Nr. 8–155/from ser.
Adjustment Act or the Act), as amended
10, DG–SS–02, dated November 9, 2016. by the Debt Collection Improvement Act
(5) If any signs of wear, fissures, kinks, lack no. 8–155 on, diagram 11d, issued October
2016 TN 800/44. of 1996 and further amended by the
of tight fit, or leaks are found during any
inspection required in paragraph (f)(4) of this (ix) DG Flugzeugbau GmbH Technical note Federal Civil Penalties Inflation
AD, replace the defective fuel hose in the (TN) No. 800–44, 500–10, DG–SS–02, dated Adjustment Act Improvements Act of
fuselage following the instructions and November 9, 2016. 2015 (2015 Act). The revision to this
diagrams specified in paragraph (f)(2) of this Note 3 to paragraph (i)(2)(ix) of this AD: rule is part of NASA’s retrospective plan
AD. Continue with the repetitive inspections DG Flugzeugbau GmbH TN No. 800–44, DG under Executive Order (E.O.) 13563
as specified in paragraph (f)(4) of this AD. Flugzeugbau GmbH TN No. 500–10, and DG completed in August 2011. NASA’s full
(6) If no signs of wear, fissures, kinks, lack Flugzeugbau GmbH TN No. DG–SS–02, are plan can be accessed on the Agency’s
of tight fit, or leaks are found during any all dated November 9, 2016, and co-
published as one document. open Government Web site at http://
inspection required in paragraph (f)(4) of this
www.nasa.gov/open/.
AD, at intervals not to exceed 10 years, (3) For service information identified in
sradovich on DSK3GMQ082PROD with RULES
replace the fuel hoses in the fuselage with this AD, DG Flugzeugbau GmbH, Otto- DATES: This interim final rule is
new fuel hoses following the instructions and Lilienthal Weg 2, D–76646 Bruchsal, effective August 25, 2017.
diagrams specified in paragraph (f)(2) of this Germany; telephone: +49 (0)7251 3202–0; FOR FURTHER INFORMATION CONTACT:
AD. email: info@dg-flugzeugbau.de; Internet: Bryan R. Diederich, Office of the
http://www.dg-flugzeugbau.de/en/
(g) Other FAA AD Provisions ?noredirect=en_US.
General Counsel, NASA Headquarters,
The following provisions also apply to this (4) You may view this service information telephone (202) 358–0216.
AD: at the FAA, Small Airplane Directorate, 901 SUPPLEMENTARY INFORMATION:
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![Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations 28763
Authority: 31 U.S.C. 3809, 51 U.S.C. statutory authority citations and correct provisions of the Commodity Exchange
20113(a). limited typographical and technical Act (‘‘CEA’’) 3 to establish a
§ 1264.102 [Amended]
errors in certain rules. comprehensive framework for the
DATES: This rule is effective June 26, regulation of swaps and security-based
■ 2. In § 1264.102, paragraphs (a) and 2017. swaps. However, according to the
(b), remove the number ‘‘$5,000’’ and Federal Register drafting handbook, it is
add in its place the number ‘‘$10,781’’. FOR FURTHER INFORMATION CONTACT:
David Van Wagner, Chief Counsel, recommended that the Commission only
Division of Market Oversight, (202) 418– list the current United States Code
PART 1271—NEW RESTRICTIONS ON
5481, dvanwagner@cftc.gov; Jeanette (‘‘U.S.C.’’) citation when it is available.4
LOBBYING
Curtis, Special Counsel, Division of As such, the Commission need only cite
■ 3. The authority citation for part 1271 Market Oversight, (202) 418–5669, the Dodd-Frank Act as the amending
continues to read as follows: jcurtis@cftc.gov; Gretchen L. Lowe, statutory authority for each rule part
Chief Counsel, Division of Enforcement, until such amendments are codified in
Authority: Section 319, Pub. L. 101–121
(31 U.S.C. 1352); Pub. L. 97–258 (31 U.S.C. (202) 418–5379, glowe@cftc.gov; or the U.S.C. Since the Dodd-Frank Act
6301 et seq.). Edward Wehner, IT Specialist, Office of provisions have been codified in the
Data and Technology, (202) 418–6764, U.S.C., the Commission is revising the
Subpart D—Penalties and Enforcement ewehner@cftc.gov. citation authority preceding certain
SUPPLEMENTARY INFORMATION:
Commission regulations to reflect the
§ 1271.400 [Amended] current U.S.C. citations.
■ 4. In § 1271.400: I. Background In addition, the Commission is
■ a. In paragraphs (a) and (b), remove A. Commission Delegations of Authority amending certain of its regulations to
the words ‘‘not less than $10,000 and revise a limited number of
not more than $100,000’’ and add in The Commission is adopting final typographical and formatting errors, and
their place the words ‘‘not less than rules to establish new and amend to delete a duplicate regulation.
$18,936 and not more than $189,361’’; certain existing delegations of authority
to Commission staff. Previously, the II. Amended Regulations
and
■ b. In paragraph (e), remove the two Commission delegated, to the Director A. Part 5
occurrences of ‘‘$10,000’’ and add in of the Division of Market Oversight
(‘‘DMO’’), various authorities for Part 5 of the Commission’s regulations
their places ‘‘$18,936’’ and remove governs off-exchange foreign currency
‘‘$100,000’’ and add in its place implementing certain Commission
regulations.1 Many of these delegated transactions. Section 5.20(d) covers
‘‘$189,361’’. Commission delegated authority to the
authorities have been carried out by
Appendix A to Part 1271 [Amended] staff in DMO’s Surveillance Branch. DMO Director to make special calls for
However, as a result of the recent information on controlled accounts from
■ 6. In appendix A to part 1271, in retail foreign exchange dealers, futures
paragraph following paragraph (3) and Commission organizational
restructuring, which moved DMO’s commission merchants (‘‘FCMs’’) and
in the last paragraph of the appendix, introducing brokers (‘‘IBs’’), and to
remove the words ‘‘not less than Surveillance Branch to the Division of
Enforcement (‘‘DOE’’), the Commission make special calls for information on
$10,000 and not more than $100,000’’ open contracts in accounts carried or
and add in their place the words ‘‘not has completed a full review of DMO
delegated authorities and decided to introduced by FCMs, IBs, and foreign
less than $18,936 and not more than brokers. The Commission is amending
$189,361’’. remove certain delegated authorities
from the DMO Director, other division its delegation of authority in § 5.20(d) to
Cheryl E. Parker, directors, and certain Commission staff. remove the DMO Director from its list
NASA Federal Register Liaison Officer. The Commission is delegating such of delegates and to delegate such
[FR Doc. 2017–13209 Filed 6–23–17; 8:45 am] authorities to the Director of DOE or the authority to the DOE Director, or such
Director of the Office of Data and other employee or employees as the
BILLING CODE P
Technology (‘‘ODT’’). In addition, the Director may designate from time to
Commission is adding new delegations time. The Commission is also deleting
of authority to certain of the part 48 the Dodd-Frank Act reference from the
COMMODITY FUTURES TRADING
provisions that govern the registration of part 5 statutory authority citation.
COMMISSION
Foreign Boards of Trade (‘‘FBOT’’). B. Part 11
17 CFR Parts 5, 11, 16, 17, 18, 19, 20, B. Statutory Authority Citations and Part 11 of the Commission’s
21, 48, 140, and 150 Technical Corrections regulations establishes rules relating to
RIN 3038–AE42 For certain regulations, the investigations. Section 11.2(a) delegates
Commission is revising the statutory authority to the DOE Director, the
Commission Delegated Authority Director of the Division of Swap Dealer
authority citations to reflect the most
Provisions and Technical Amendments and Intermediary Oversight (‘‘DSIO’’),
current citation. On July 21, 2010,
AGENCY: Commodity Futures Trading President Obama signed the Wall Street the Director of the Division of Clearing
Commission. Reform and Consumer Protection Act and Risk (‘‘DCR’’), the Director of DMO,
ACTION: Final rule. (the ‘‘Dodd-Frank Act’’) into law.2 Title the Chief Economist, and members of
VII of the Dodd-Frank Act amended their staffs acting within the scope of
sradovich on DSK3GMQ082PROD with RULES
SUMMARY: The Commodity Futures their respective responsibilities, to
Trading Commission (the 1 17 CFR 5.20(d), 11.2(a), 16.07, 18.03, 19.00(a)(3),
‘‘Commission’’ or ‘‘CFTC’’) is adopting 20.8, 21.05, 140.72(a), 140.73, 140.74, 140.97, 37 U.S.C. 1 et seq. (2012).
final rules to establish new and amend 150.3(b), and 150.4(e) (Commission delegations of 4 SeeNational Archives and Records
authority to the DMO Director prior to this final Administration, Office of the Federal Register,
certain existing delegations of authority rule). Document Drafting Handbook, section 3.12
to Commission staff. The Commission is 2 Public Law 111–203, 124 Stat. 1376 (July 21, (Authority citations), 3–26 (May 2017 update,
also adopting amendments to update 2010). Revision 2, June 7, 2017).
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Document Created: 2018-11-14 10:11:47
Document Modified: 2018-11-14 10:11:47
| 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 with request for public comment. | |
| Dates | This interim final rule is effective August 25, 2017. | |
| Contact | Bryan R. Diederich, Office of the General Counsel, NASA Headquarters, telephone (202) 358-0216. | |
| FR Citation | 82 FR 28760 | |
| RIN Number | 2700-AE30 | |
| CFR Citation | 14
CFR
1264 14 CFR 1271 | |
| CFR Associated | Claims; Penalties and Lobbying |
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