82 FR 8137 - Civil Monetary Penalty Inflation Adjustments
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 82, Issue 14 (January 24, 2017)
Federal Energy Regulatory Commission
Federal Register Volume 82, Issue 14 (January 24, 2017)
| Page Range | 8137-8139 | |
| FR Document | 2017-00567 |
[Federal Register Volume 82, Number 14 (Tuesday, January 24, 2017)] [Rules and Regulations] [Pages 8137-8139] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00567] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Parts 250 and 385 [Docket No. RM17-9-000; Order No. 834] Civil Monetary Penalty Inflation Adjustments AGENCY: Federal Energy Regulatory Commission, Department of Energy. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission (Commission) is issuing a final rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules, and orders within the Commission's jurisdiction. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended most recently by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires the Commission to issue this final rule. DATES: This final rule is effective January 24, 2017. FOR FURTHER INFORMATION CONTACT: Todd Hettenbach, Attorney, Office of Enforcement, Federal Energy Regulatory Commission, 888 First Street NE., Washington, DC 20426, (202) 502-8794, Todd.Hettenbach@ferc.gov. SUPPLEMENTARY INFORMATION: Order No. 834 Final Rule (Issued January 9, 2017) 1. In this 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 [[Page 8138]] of 1990 (1990 Adjustment Act),\2\ required the head of each federal agency to issue a rule by July 2016 adjusting for inflation each ``civil monetary penalty'' provided by law within the agency's jurisdiction and to make further inflation adjustments on an annual basis every January 15 thereafter.\3\ --------------------------------------------------------------------------- \1\ 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). The Commission made its July 2016 adjustment in Docket No. RM16-16-000. See Civil Monetary Penalty Inflation Adjustments, Order No. 826, 81 FR 43937 (July 6, 2016), FERC Stats. & Regs. ] 31,386 (2016). --------------------------------------------------------------------------- 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, the first step for such adjustment of a civil monetary penalty for inflation requires determining the percentage by which the U.S. Department of Labor's Consumer Price Index for all-urban consumers (CPI-U) for October of the preceding year exceeds the CPI-U for October of the year before that.\9\ The CPI-U for October 2016 exceeded the CPI-U for October 2015 by 1.636 percent.\10\ --------------------------------------------------------------------------- \9\ 28 U.S.C. 2461 note, at (5)(b)(1). \10\ See, e.g., Memorandum from Shaun Donovan, Office of Management and Budget, Implementation of the 2017 Annual Adjustment Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 1 (Dec. 16, 2016). --------------------------------------------------------------------------- 5. The second step requires multiplying the CPI-U percentage increase by the applicable existing maximum civil monetary penalty.\11\ This step results in a base penalty increase amount. --------------------------------------------------------------------------- \11\ Id. (5)(a). --------------------------------------------------------------------------- 6. The third step requires rounding the base penalty increase amount to the nearest dollar and adding that amount to the base penalty to calculate the new adjusted maximum civil monetary penalty.\12\ --------------------------------------------------------------------------- \12\ Id. --------------------------------------------------------------------------- 7. Under the 2015 Adjustment Act, an agency is directed to use the maximum civil monetary penalty applicable at the time of assessment of a civil penalty, regardless of the date on which the violation occurred.\13\ --------------------------------------------------------------------------- \13\ Id. (6). --------------------------------------------------------------------------- 8. The adjustments that the Commission is required to make pursuant to the 2015 Adjustment Act are reflected in the following table: ------------------------------------------------------------------------ Existing maximum New adjusted maximum Source civil monetary civil monetary penalty penalty ------------------------------------------------------------------------ 16 U.S.C. 825o-1(b), Sec. $1,193,970 per $1,213,503 per 316A of the Federal Power violation, per day. violation, per day. Act. 16 U.S.C. 823b(c),.......... $21,563 per $21,916 per Sec. 31(c) of the Federal violation, per day. violation, per day. Power Act. 16 U.S.C. 825n(a),.......... $2,750 per violation $2,795 per Sec. 315(a) of the Federal violation. Power Act. 15 U.S.C. 717t-1,........... $1,193,970 per $1,213,503 Sec. 22 of the Natural Gas violation, per day. per violation, per Act. day. 15 U.S.C. 3414(b)(6)(A)(i), $1,193,970 per $1,213,503 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), $1,250 per offense $1,270 per offense Sec. 6(10) of the and $62.50 per day and $64 per day Interstate Commerce Act. after the first day. after the first day. 49 App. U.S.C. 16(8) (1988), $12,500 per $12,705 per Sec. 16(8) of the violation, per day. violation, per day. Interstate Commerce Act. 49 App. U.S.C. 19a(k) $1,250 per offense, $1,270 per offense, (1988), Sec. 19a(k) of the per day. per day. Interstate Commerce Act. 49 App. U.S.C. 20(7)(a) $1,250 per offense, $1,270 per offense, (1988), Sec. 20(7)(a) of per day. per day. the Interstate Commerce Act. ------------------------------------------------------------------------ III. Administrative Findings 9. Congress directed that agencies issue final rules to adjust their maximum civil monetary penalties notwithstanding the requirements of the Administrative Procedure Act (APA).\14\ Because the Commission is required by law to undertake these inflation adjustments notwithstanding the notice and comment requirements that otherwise would apply pursuant to the APA, and because the Commission lacks discretion with respect to the method and amount of the adjustments, prior notice and comment would be impractical, unnecessary, and contrary to the public interest. --------------------------------------------------------------------------- \14\ Id. (3)(b)(2). --------------------------------------------------------------------------- 10. The citation of authority for part 385 is also revised to make a technical correction. IV. Regulatory Flexibility Statement 11. The Regulatory Flexibility Act, as amended, requires agencies to certify that rules promulgated under their authority will not have a significant economic impact on a substantial number of small businesses.\15\ The requirements of the Regulatory Flexibility Act apply only to rules promulgated following notice and comment.\16\ The requirements of the Regulatory Flexibility Act do not apply to this rulemaking because the Commission is issuing this final rule without notice and comment. --------------------------------------------------------------------------- \15\ 5 U.S.C. 601 et seq. \16\ 5 U.S.C. 603, 604. --------------------------------------------------------------------------- V. Paperwork Reduction Act 12. This rule does not require the collection of information. The Commission is therefore not required to submit this rule for review to the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995.\17\ --------------------------------------------------------------------------- \17\ 44 U.S.C. 3507(d). --------------------------------------------------------------------------- VI. Document Availability 13. In addition to publishing the full text of this document in the Federal Register, the Commission provides all [[Page 8139]] 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. 14. 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. 15. 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 ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502- 8371, TTY (202) 502-8659, public.referenceroom@ferc.gov. VII. Effective Date and Congressional Notification 16. 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,\18\ and therefore, the regulation is effective upon publication in the Federal Register. --------------------------------------------------------------------------- \18\ 5 U.S.C. 553(d)(3). --------------------------------------------------------------------------- 17. 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 and Reporting and recordkeeping requirements. 18 CFR Part 385 Administrative practice and procedure, Electric power, Penalties, Pipelines, Reporting and recordkeeping requirements. By the Commission. Issued: January 9, 2017. 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 continues to read as follows: Authority: 15 U.S.C. 717-717w, 3301-3432; 42 U.S.C. 7101-7352; 28 U.S.C. 2461 note. 0 2. 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 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 $1,213,503 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. 717-717w, 3301-3432; 16 U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note (2015). 0 4. Revise Sec. 385.1504(a) to read as follows: Sec. 385.1504 Maximum civil penalty (Rule 1504). (a) Except as provided in paragraph (b) of this section, the Commission may assess a civil penalty of up to $21,916 for each day that the violation continues. * * * * * 0 5. Revise Sec. 385.1602 to read as follows: Sec. 385.1602 Civil penalties, as adjusted (Rule 1602). The current inflation-adjusted civil monetary penalties provided by law within the jurisdiction of the Commission are: (a) 15 U.S.C. 3414(b)(6)(A)(i), Natural Gas Policy Act of 1978: $1,213,503. (b) 16 U.S.C. 823b(c), Federal Power Act: $21,916 per day. (c) 16 U.S.C. 825n(a), Federal Power Act: $2,795. (d) 16 U.S.C. 825o-1(b), Federal Power Act: $1,213,503 per day. (e) 15 U.S.C. 717t-1, Natural Gas Act: $1,213,503 per day. (f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,270 per offense and $64 per day after the first day. (g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $12,705 per day. (h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,270 per day. (i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,270 per day. [FR Doc. 2017-00567 Filed 1-23-17; 8:45 am] BILLING CODE 6717-01-P
![Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Rules and Regulations 8137
CALCULATION OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES—Continued
Current Adjustment Adjusted
Citation Description penalty multiplier penalty
(2016)
16 CFR 1.98(m): 15 U.S.C. 1681s(a)(2) ........ Knowing violations ......................................... 3,756 1.01636 3,817
16 CFR 1.98(n): 21 U.S.C. 355 note .............. Non-compliance with filing requirements ....... 14,142 1.01636 14,373
16 CFR 1.98(o): 42 U.S.C. 17304 .................. Market manipulation or provision of false in- 1,138,330 1.01636 1,156,953
formation to federal agencies.
Effective Dates of New Penalties civil monetary penalties provided by DEPARTMENT OF ENERGY
These new penalty levels apply to law within the Commission’s
civil penalties assessed after the jurisdiction. The following civil penalty Federal Energy Regulatory
effective date of the applicable amounts apply to violations occurring Commission
adjustment, including civil penalties after January 24, 2017.
whose associated violation predated the (a) Section 7A(g)(1) of the Clayton 18 CFR Parts 250 and 385
effective date.6 These adjustments do Act, 15 U.S.C. 18a(g)(1)—$40,654; [Docket No. RM17–9–000; Order No. 834]
not retrospectively change previously (b) Section 11(l) of the Clayton Act, 15
assessed or enforced civil penalties that U.S.C. 21(l)—$21,598; Civil Monetary Penalty Inflation
the FTC is actively collecting or has (c) Section 5(l) of the FTC Act, 15 Adjustments
collected. U.S.C. 45(l)—$40,654; AGENCY: Federal Energy Regulatory
Procedural Requirements (d) Section 5(m)(1)(A) of the FTC Act, Commission, Department of Energy.
15 U.S.C. 45(m)(1)(A)—$40,654; ACTION: Final rule.
The FCPIAA, as amended, directs
(e) Section 5(m)(1)(B) of the FTC Act,
agencies to publish the required
15 U.S.C. 45(m)(1)(B)—$40,654; SUMMARY: The Federal Energy
inflation adjustments in the Federal
(f) Section 10 of the FTC Act, 15 Regulatory Commission (Commission) is
Register by no later than January 15,
U.S.C. 50—$534; issuing a final rule to amend its
2017, notwithstanding section 553 of
(g) Section 5 of the Webb-Pomerene regulations governing the maximum
title 5, United States Code. Pursuant to
(Export Trade) Act, 15 U.S.C. 65—$534; civil monetary penalties assessable for
this congressional mandate, prior public
violations of statutes, rules, and orders
notice and comment under the APA and (h) Section 6(b) of the Wool Products
within the Commission’s jurisdiction.
a delayed effective date are not required. Labeling Act, 15 U.SC. 68d(b)—$534;
The Federal Civil Penalties Inflation
For this reason, the requirements of the (i) Section 3(e) of the Fur Products Adjustment Act of 1990, as amended
Regulatory Flexibility Act (‘‘RFA’’) also Labeling Act, 15 U.S.C. 69a(e)—$534; most recently by the Federal Civil
do not apply.7 Further, this rule does (j) Section 8(d)(2) of the Fur Products Penalties Inflation Adjustment Act
not contain any collection of Labeling Act, 15 U.S.C. 69f(d)(2)—$534; Improvements Act of 2015, requires the
information requirements as defined by (k) Section 333(a) of the Energy Policy Commission to issue this final rule.
the Paperwork Reduction Act of 1995 as and Conservation Act, 42 U.S.C.
amended. 44 U.S.C. 3501 et seq. DATES: This final rule is effective
6303(a)—$440; January 24, 2017.
List of Subjects for 16 CFR Part 1 (l) Sections 525(a) and (b) of the FOR FURTHER INFORMATION CONTACT:
Administrative practice and Energy Policy and Conservation Act, 42 Todd Hettenbach, Attorney, Office of
procedure, Penalties, Trade practices. U.S.C. 6395(a) and (b), respectively— Enforcement, Federal Energy Regulatory
$21,598 and $40,654, respectively; Commission, 888 First Street NE.,
Text of Amendments (m) Section 621(a)(2) of the Fair Washington, DC 20426, (202) 502–8794,
For the reasons set forth in the Credit Reporting Act, 15 U.S.C. Todd.Hettenbach@ferc.gov.
preamble, the Federal Trade 1681s(a)(2)—$3,817; SUPPLEMENTARY INFORMATION:
Commission amends Title 16, chapter I, (n) Section 1115(a) of the Medicare
subchapter A, of the Code of Federal Prescription Drug Improvement and Order No. 834
Regulations, as follows: Modernization Act of 2003, Public Law Final Rule
108–173, 21 U.S.C. 355 note—$14,373;
PART 1—GENERAL PROCEDURES (o) Section 814(a) of the Energy (Issued January 9, 2017)
■ 1. The authority citation for subpart L Independence and Security Act of 2007, 1. In this final rule, the Federal
continues to read as follows: 42 U.S.C. 17304—$1,156,953; and Energy Regulatory Commission
(p) Civil monetary penalties (Commission) is complying with its
Authority: 28 U.S.C. 2461 note. statutory obligation to amend the civil
authorized by reference to the Federal
■ 2. Revise § 1.98 to read as follows: Trade Commission Act under any other monetary penalties provided by law for
provision of law within the jurisdiction matters within the agency’s jurisdiction.
§ 1.98 Adjustment of civil monetary
penalty amounts. of the Commission—refer to the I. Background
amounts set forth in paragraphs (c)
sradovich on DSK3GMQ082PROD with RULES
This section makes inflation 2. The Federal Civil Penalties
adjustments in the dollar amounts of through (f) of this section, as applicable.
Inflation Adjustment Act Improvements
By direction of the Commission.
Act of 2015 (2015 Adjustment Act),1
6 28U.S.C. 2461 note (6). Donald S. Clark, which further amended the Federal
7 A regulatory flexibility analysis under the RFA
Secretary. Civil Penalties Inflation Adjustment Act
is required only when an agency must publish a
notice of proposed rulemaking for comment. See 5 [FR Doc. 2017–01125 Filed 1–23–17; 8:45 am]
U.S.C. 603. BILLING CODE 6750–01–P 1 Sec. 701, Public Law 114–74, 129 Stat. 584, 599.
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![Federal Register / Vol. 82, No. 14 / Tuesday, January 24, 2017 / Rules and Regulations 8139
interested persons an opportunity to Issued: January 9, 2017. (b) 16 U.S.C. 823b(c), Federal Power
view and print the contents of this Kimberly D. Bose, Act: $21,916 per day.
document via the Internet through the Secretary. (c) 16 U.S.C. 825n(a), Federal Power
Commission’s Home Page (http:// In consideration of the foregoing, the Act: $2,795.
www.ferc.gov) and in the Commission’s Commission amends parts 250 and 385, (d) 16 U.S.C. 825o–1(b), Federal
Public Reference Room during normal Chapter I, Title 18, Code of Federal Power Act: $1,213,503 per day.
business hours (8:30 a.m. to 5:00 p.m. Regulations as follows: (e) 15 U.S.C. 717t–1, Natural Gas Act:
Eastern time) at 888 First Street NE., $1,213,503 per day.
Room 2A, Washington, DC 20426. PART 250—FORMS (f) 49 App. U.S.C. 6(10) (1988),
Interstate Commerce Act: $1,270 per
14. From the Commission’s Home
■ 1. The authority citation for part 250 offense and $64 per day after the first
Page on the Internet, this information is continues to read as follows: day.
available on eLibrary. The full text of (g) 49 App. U.S.C. 16(8) (1988),
this document is available on eLibrary Authority: 15 U.S.C. 717–717w, 3301–
3432; 42 U.S.C. 7101–7352; 28 U.S.C. 2461 Interstate Commerce Act: $12,705 per
in PDF and Microsoft Word format for day.
note.
viewing, printing, and downloading. To (h) 49 App. U.S.C. 19a(k) (1988),
access this document in eLibrary, type ■ 2. Amend § 250.16 by revising
Interstate Commerce Act: $1,270 per
the docket number (excluding the last paragraph (e)(1) to read as follows:
day.
three digits) in the docket number field. § 250.16 Format of compliance plan (i) 49 App. U.S.C. 20(7)(a) (1988),
15. User assistance is available for transportation services and affiliate Interstate Commerce Act: $1,270 per
eLibrary and the Commission’s Web site transactions. day.
during normal business hours from the * * * * * [FR Doc. 2017–00567 Filed 1–23–17; 8:45 am]
Commission’s Online Support at 202– (e) Penalty for failure to comply. (1) BILLING CODE 6717–01–P
502–6652 (toll free at 1–866–208–3676) Any person who transports gas for
or email at ferconlinesupport@ferc.gov, others pursuant to Subparts B or G of
or the Public Reference Room at (202) Part 284 of this chapter and who DEPARTMENT OF THE INTERIOR
502–8371, TTY (202) 502–8659, knowingly violates the requirements of
public.referenceroom@ferc.gov. §§ 358.4 and 358.5, § 250.16, or § 284.13 National Indian Gaming Commission
VII. Effective Date and Congressional of this chapter will be subject, pursuant
Notification to sections 311(c), 501, and 504(b)(6) of 25 CFR Part 515
the Natural Gas Policy Act of 1978, to
16. For the same reasons the a civil penalty, which the Commission RIN 3141–AA65
Commission has determined that public may assess, of not more than $1,213,503 Privacy Act Procedures
notice and comment are unnecessary, for any one violation.
impractical, and contrary to the public * * * * * AGENCY: National Indian Gaming
interest, the Commission finds good Commission, Department of the Interior.
cause to adopt an effective date that is PART 385—RULES OF PRACTICE AND ACTION: Final rule.
less than 30 days after the date of PROCEDURE
publication in the Federal Register SUMMARY: The National Indian Gaming
pursuant to the Administrative ■ 3. The authority citation for part 385 Commission (NIGC or the Commission)
Procedure Act,18 and therefore, the is revised to read as follows: is establishing this rule in Chapter III of
regulation is effective upon publication Authority: 5 U.S.C. 551–557; 15 U.S.C. title 25 of the Code of Federal
in the Federal Register. 717–717w, 3301–3432; 16 U.S.C. 791a–825v, Regulations. This rule describes the
17. The Commission has determined, 2601–2645; 28 U.S.C. 2461; 31 U.S.C 3701, procedures and policies adopted by the
9701; 42 U.S.C. 7101–7352, 16441, 16451– Commission pursuant to the Privacy Act
with the concurrence of the 16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 of 1974. Under the Act, a Federal agency
Administrator of the Office of (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. must publish notice, in the Federal
Information and Regulatory Affairs of 2461 note (2015). Register, of any systems of records that
the Office of Management and Budget,
■ 4. Revise § 385.1504(a) to read as it intends to create as well as procedures
that this rule is not a ‘‘major rule’’ as
follows: regarding the collection, maintenance,
defined in section 351 of the Small
use, and dissemination of the records
Business Regulatory Enforcement § 385.1504 Maximum civil penalty (Rule
within those systems. The Commission
Fairness Act of 1996. This Final Rule is 1504).
previously published notice of the
being submitted to the Senate, House, (a) Except as provided in paragraph
creation of two systems of records,
and Government Accountability Office. (b) of this section, the Commission may
namely the Indian Gaming Individuals
List of Subjects assess a civil penalty of up to $21,916
Record System and the Management
for each day that the violation
Contract Individuals Record System.
18 CFR Part 250 continues.
The regulations set forth here update the
Natural Gas and Reporting and * * * * * Commission’s previously published
recordkeeping requirements. ■ 5. Revise § 385.1602 to read as procedures and serve to streamline how
follows: the Commission processes its Privacy
18 CFR Part 385
§ 385.1602 Civil penalties, as adjusted
Act requests.
sradovich on DSK3GMQ082PROD with RULES
Administrative practice and (Rule 1602). DATES: Effective January 24, 2017.
procedure, Electric power, Penalties, FOR FURTHER INFORMATION CONTACT:
The current inflation-adjusted civil
Pipelines, Reporting and recordkeeping Andrew Mendoza, Staff Attorney, at
monetary penalties provided by law
requirements. (202) 632–7003 or by fax (202) 632–7066
within the jurisdiction of the
By the Commission. Commission are: (these numbers are not toll free).
(a) 15 U.S.C. 3414(b)(6)(A)(i), Natural SUPPLEMENTARY INFORMATION: The
18 5 U.S.C. 553(d)(3). Gas Policy Act of 1978: $1,213,503. Indian Gaming Regulatory Act (IGRA),
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Document Created: 2018-02-01 15:12:41
Document Modified: 2018-02-01 15:12:41
| 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 | Final rule. | |
| Dates | This final rule is effective January 24, 2017. | |
| 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 | 82 FR 8137 | |
| CFR Citation | 18
CFR
250 18 CFR 385 |
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