83 FR 1550 - Civil Monetary Penalty Inflation Adjustments
DEPARTMENT OF ENERGY
Federal Energy Regulatory Commission Federal Register Volume 83, Issue 9 (January 12, 2018)
Federal Energy Regulatory Commission
Federal Register Volume 83, Issue 9 (January 12, 2018)
| Page Range | 1550-1552 | |
| FR Document | 2018-00415 |
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)] [Rules and Regulations] [Pages 1550-1552] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00415] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF ENERGY Federal Energy Regulatory Commission 18 CFR Parts 250 and 385 [Docket No. RM18-4-000; Order No. 839] Civil Monetary Penalty Inflation Adjustments AGENCY: Federal Energy Regulatory Commission. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Federal Energy Regulatory Commission (Commission) is issuing a final rule to amend its regulations governing the maximum civil monetary penalties assessable for violations of statutes, rules, and orders within the Commission's jurisdiction. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended most recently by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires the Commission to issue this final rule. DATES: This final rule is effective January 12, 2018. 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. 839 Final Rule 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. Background 2. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Adjustment Act),\1\ which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (1990 Adjustment Act),\2\ required the head of each federal agency to issue a rule by July 2016 adjusting for inflation each ``civil monetary penalty'' provided by law within the agency's jurisdiction and to make further inflation adjustments on an annual basis every January 15 thereafter.\3\ --------------------------------------------------------------------------- \1\ 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 January 2017 adjustment on January 9, 2017, in Docket No. RM17-9-000. See Civil Monetary Penalty Inflation Adjustments, Order No. 834, 82 FR 8137 (Jan. 24, 2017), FERC Stats. & Regs. ] 31,390 (2017). --------------------------------------------------------------------------- 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 [[Page 1551]] 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 2017 exceeded the CPI-U for October 2016 by 2.041 percent.\10\ --------------------------------------------------------------------------- \9\ 28 U.S.C. 2461 note, at (5)(b)(1). \10\ See, e.g., Memorandum from Mick Mulvaney, Office of Management and Budget, Implementation of the Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 1 (Dec. 15, 2017). --------------------------------------------------------------------------- 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. $1,213,503 per $1,238,271 per 316A of the Federal Power violation, per day. violation, per day. Act. 16 U.S.C. 823b(c),.......... $21,916 per $22,363 per Sec. 31(c) of the Federal violation, per day. violation, per day. Power Act. 16 U.S.C. 825n(a),.......... $2,795 per violation $2,852 per Sec. 315(a) of the Federal violation. Power Act. 15 U.S.C. 717t-1,........... $1,213,503 per $1,238,271 per Sec. 22 of the Natural Gas violation, per day. violation, per day. Act. 15 U.S.C. 3414(b)(6)(A)(i), $1,213,503 per $1,238,271 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), $1,270 per offense $1,296 per offense Sec. 6(10) of the and $64 per day and $65 per day Interstate Commerce Act. after the first day. after the first day. 49 App. U.S.C. 16(8) (1988), $12,705 per $12,964 per Sec. 16(8) of the violation, per day. violation, per day. Interstate Commerce Act. 49 App. U.S.C. 19a(k) $1,270 per offense, $1,296 per offense, (1988), Sec. 19a(k) of the per day. per day. Interstate Commerce Act. 49 App. U.S.C. 20(7)(a) $1,270 per offense, $1,296 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). --------------------------------------------------------------------------- IV. Regulatory Flexibility Statement 10. The Regulatory Flexibility Act, as amended, requires agencies to certify that rules promulgated under their authority will not have a significant economic impact on a substantial number of small businesses.\15\ The requirements of the Regulatory Flexibility Act apply only to rules promulgated following notice and comment.\16\ The requirements of the Regulatory Flexibility Act do not apply to this rulemaking because the Commission is issuing this final rule without notice and comment. --------------------------------------------------------------------------- \15\ 5 U.S.C. 601 et seq. \16\ 5 U.S.C. 603, 604. --------------------------------------------------------------------------- V. Paperwork Reduction Act 11. This rule does not require the collection of information. The Commission is therefore not required to submit this rule for review to the Office of Management and Budget pursuant to the Paperwork Reduction Act of 1995.\17\ --------------------------------------------------------------------------- \17\ 44 U.S.C. 3507(d). --------------------------------------------------------------------------- VI. Document Availability 12. In addition to publishing the full text of this document in the Federal Register, the Commission provides all interested persons an opportunity to view and print the contents of this 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. 13. From the Commission's Home Page on the internet, this information is available on eLibrary. The full text of this document is available on eLibrary in PDF and Microsoft Word format for viewing, printing, and downloading. To access this document in eLibrary, type the docket number (excluding the last three digits) in the docket number field. 14. User assistance is available for eLibrary and the Commission's website during normal business hours from the Commission's Online Support at (202)-502-6652 (toll free at 1-866-208-3676) or email at ferconlinesupport@ferc.gov, or the Public Reference Room at (202) 502- 8371, TTY (202) 502-8659, public.referenceroom@ferc.gov. [[Page 1552]] VII. Effective Date and Congressional Notification 15. For the same reasons the Commission has determined that public notice and comment are unnecessary, impractical, and contrary to the public interest, the Commission finds good cause to adopt an effective date that is less than 30 days after the date of publication in the Federal Register pursuant to the Administrative Procedure Act,\18\ and therefore, the regulation is effective upon publication in the Federal Register. --------------------------------------------------------------------------- \18\ 5 U.S.C. 553(d)(3). --------------------------------------------------------------------------- 16. The Commission has determined, with the concurrence of the Administrator of the Office of Information and Regulatory Affairs of the Office of Management and Budget, that this rule is not a ``major rule'' as defined in section 351 of the Small Business Regulatory Enforcement Fairness Act of 1996. This Final Rule is being submitted to the Senate, House, and Government Accountability Office. List of Subjects 18 CFR Part 250 Natural gas, Reporting and recordkeeping requirements. 18 CFR Part 385 Administrative practice and procedure, Electric power, Penalties, Pipelines, Reporting and recordkeeping requirements. By the Commission. Issued: January 8, 2018. 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) * * * (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 $1,238,271 for any one violation. * * * * * PART 385--RULES OF PRACTICE AND PROCEDURE 0 3. The authority citation for part 385 continues to read as follows: Authority: 5 U.S.C. 551-557; 15 U.S.C. 717-717w, 3301-3432; 16 U.S.C. 791a-825v, 2601-2645; 28 U.S.C. 2461; 31 U.S.C 3701, 9701; 42 U.S.C. 7101-7352, 16441, 16451-16463; 49 U.S.C. 60502; 49 App. U.S.C. 1-85 (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C. 2461 note (2015). 0 4. Revise Sec. 385.1504(a) to read as follows: Sec. 385.1504 Maximum civil penalty (Rule 1504). (a) Except as provided in paragraph (b) of this section, the Commission may assess a civil penalty of up to $22,363 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: $1,238,271. (b) 16 U.S.C. 823b(c), Federal Power Act: $22,363 per day. (c) 16 U.S.C. 825n(a), Federal Power Act: $2,852. (d) 16 U.S.C. 825o-1(b), Federal Power Act: $1,238,271 per day. (e) 15 U.S.C. 717t-1, Natural Gas Act: $1,238,271 per day. (f) 49 App. U.S.C. 6(10) (1988), Interstate Commerce Act: $1,296 per offense and $65 per day after the first day. (g) 49 App. U.S.C. 16(8) (1988), Interstate Commerce Act: $12,964 per day. (h) 49 App. U.S.C. 19a(k) (1988), Interstate Commerce Act: $1,296 per day. (i) 49 App. U.S.C. 20(7)(a) (1988), Interstate Commerce Act: $1,296 per day. [FR Doc. 2018-00415 Filed 1-11-18; 8:45 am] BILLING CODE 6717-01-P
![1550 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations
NFA to perform the full range of or the Commission for inclusion in the SUMMARY: The Federal Energy
registration processing functions with BASIC system; Regulatory Commission (Commission) is
respect to applicants for and persons (2) To provide the Commission with issuing a final rule to amend its
registered as a: futures commission access to a Management Report regulations governing the maximum
merchant, commodity pool operator, or summarizing all recent exchange civil monetary penalties assessable for
commodity trading advisor; 7 disciplinary information and to provide violations of statutes, rules, and orders
introducing broker; 8 leverage the Commission with the capability to within the Commission’s jurisdiction.
transaction merchant; 9 floor broker; 10 generate standardized reports on the The Federal Civil Penalties Inflation
floor trader; 11 retail foreign exchange BASIC system; Adjustment Act of 1990, as amended
dealer; 12 and swap dealer or major swap (3) To assist the Commission in most recently by the Federal Civil
participant (collectively, registrants).13 enforcing exchange compliance with Penalties Inflation Adjustment Act
Additionally, the NFA has adopted, and regulation 9.11 filing requirements; and Improvements Act of 2015, requires the
the Commission has approved, rules (4) To serve as the official custodian Commission to issue this final rule.
that govern the performance of the of a database containing records of all DATES: This final rule is effective
registration functions. For example, exchange disciplinary and access denial January 12, 2018.
NFA Rule 501 pertains to the NFA’s actions filed with the NFA for inclusion FOR FURTHER INFORMATION CONTACT:
authority to deny, condition, suspend, in the BASIC system. Todd Hettenbach, Attorney, Office of
and revoke registration for registrants. The NFA is authorized to perform all Enforcement, Federal Energy Regulatory
NFA Rule 504 sets forth the procedures functions specified herein until such Commission, 888 First Street NE,
governing applicants and registrants time as the Commission orders Washington, DC 20426, (202) 502–8794
disqualified from registration under otherwise. Nothing in this Notice and Todd.Hettenbach@ferc.gov.
sections 8a(2), 8a(3), or 8a(4) of the Act. Order shall affect the Commission’s
SUPPLEMENTARY INFORMATION:
In light of NFA’s experience in oversight authority of exchange
processing and maintaining exchange disciplinary programs. The Commission Order No. 839
disciplinary and access denial actions is retaining all of its oversight authority, Final Rule
on behalf of the Commission, the including its authority to review and to
modify exchange disciplinary actions 1. In this final rule, the Federal
Commission has determined that it will Energy Regulatory Commission
continue to delegate these functions to and to take enforcement or other
remedial action against exchanges for (Commission) is complying with its
the NFA. This Notice and Order is in statutory obligation to amend the civil
accord with the Commission’s previous noncompliance with § 9.11. The NFA
may submit to the Commission for monetary penalties provided by law for
delegations to the NFA to perform matters within the agency’s jurisdiction.
registration processing functions with clarification any specific matters that
respect to applicants and registrants, in have been delegated to it, and Background
that, an individual’s or firm’s Commission staff will be available to
2. The Federal Civil Penalties
disciplinary history clearly is a factor discuss with NFA staff issues relating to
Inflation Adjustment Act Improvements
that must be considered in any fitness implementation of this Notice and
Act of 2015 (2015 Adjustment Act),1
determination. Deeming the NFA as the Order.
which further amended the Federal
custodian of all exchange § 9.11 filings, Issued in Washington, DC, on January 9, Civil Penalties Inflation Adjustment Act
and delegating to the NFA the 2018, by the Commission. of 1990 (1990 Adjustment Act),2
responsibility for processing such filings Christopher J. Kirkpatrick, required the head of each federal agency
and generating reports with the Secretary of the Commission. to issue a rule by July 2016 adjusting for
information amassed, should ensure inflation each ‘‘civil monetary penalty’’
Appendix to Performance of Certain
that the NFA has the necessary provided by law within the agency’s
Functions by the National Futures
information to continue to make jurisdiction and to make further
Association With Respect to Regulation
appropriate registration determinations. inflation adjustments on an annual basis
9.11—Commission Voting Summary
Further, the Commission believes that every January 15 thereafter.3
this delegation order will enhance On this matter, Chairman Giancarlo and
Commissioners Quintenz and Behnam voted II. Discussion
efficiency by permitting the
Commission to carry out its statutory in the affirmative. No Commissioner voted in 3. The 2015 Adjustment Act defines a
responsibilities under the CEA, while the negative. civil monetary penalty as any penalty,
also freeing up Commission resources to [FR Doc. 2018–00468 Filed 1–11–18; 8:45 am] fine, or other sanction that: (A)(i) Is for
be directed to other parts of its BILLING CODE 6351–01–P a specific monetary amount as provided
regulatory mandate. by federal law; or (ii) has a maximum
amount provided for by federal law; (B)
IV. Conclusion and Order is assessed or enforced by an agency
DEPARTMENT OF ENERGY
The Commission has determined, in pursuant to federal law; and (C) is
accordance with section 8a(10) of the Federal Energy Regulatory assessed or enforced pursuant to an
Act, to delegate to the NFA the authority Commission administrative proceeding or a civil
to perform the following functions: action in the federal courts.4 This
(1) To process exchange disciplinary 18 CFR Parts 250 and 385
1 Sec. 701, Public Law 114–74, 129 Stat. 584, 599.
information filed with it by an exchange [Docket No. RM18–4–000; Order No. 839] 2 Public Law 101–410, 104 Stat. 890 (codified as
sradovich on DSK3GMQ082PROD with RULES
7 See amended at 28 U.S.C. 2461 note).
49 FR 39593 (Oct. 9, 1984). Civil Monetary Penalty Inflation 3 28 U.S.C. 2461 note, at (4). The Commission
8 See 48 FR 35158 (Aug. 3, 1983).
9 See 54 FR 19556 (May 8, 1989).
Adjustments made its January 2017 adjustment on January 9,
2017, in Docket No. RM17–9–000. See Civil
10 See 51 FR 34490 (Sep. 29, 1986).
AGENCY: Federal Energy Regulatory Monetary Penalty Inflation Adjustments, Order No.
11 See 58 FR 19657 (Apr. 15, 1993).
Commission. 834, 82 FR 8137 (Jan. 24, 2017), FERC Stats. & Regs.
12 See 75 FR 55310 (Sep. 10, 2010). ¶ 31,390 (2017).
13 See 77 FR 2708 (Jan. 19, 2012).
ACTION: Final rule. 4 Id. (3).
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![1552 Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations
VII. Effective Date and Congressional 501, and 504(b)(6) of the Natural Gas DEPARTMENT OF THE TREASURY
Notification Policy Act of 1978, to a civil penalty,
15. For the same reasons the which the Commission may assess, of Alcohol and Tobacco Tax and Trade
Commission has determined that public not more than $1,238,271 for any one Bureau
notice and comment are unnecessary, violation.
impractical, and contrary to the public * * * * * 27 CFR Part 16
interest, the Commission finds good [Docket No. TTB–2018–0002; Notice No.
cause to adopt an effective date that is PART 385—RULES OF PRACTICE AND 171]
less than 30 days after the date of PROCEDURE
publication in the Federal Register Civil Monetary Penalty Inflation
pursuant to the Administrative ■ 3. The authority citation for part 385 Adjustment—Alcoholic Beverage
Procedure Act,18 and therefore, the continues to read as follows: Labeling Act
regulation is effective upon publication Authority: 5 U.S.C. 551–557; 15 U.S.C. AGENCY: Alcohol and Tobacco Tax and
in the Federal Register. 717–717w, 3301–3432; 16 U.S.C. 791a–825v, Trade Bureau, Treasury.
16. The Commission has determined, 2601–2645; 28 U.S.C. 2461; 31 U.S.C 3701,
ACTION: Notification of civil monetary
with the concurrence of the 9701; 42 U.S.C. 7101–7352, 16441, 16451–
16463; 49 U.S.C. 60502; 49 App. U.S.C. 1–85 penalty adjustment.
Administrator of the Office of
Information and Regulatory Affairs of (1988); 28 U.S.C. 2461 note (1990); 28 U.S.C.
SUMMARY: This document informs the
2461 note (2015).
the Office of Management and Budget, public that the maximum penalty for
that this rule is not a ‘‘major rule’’ as ■ 4. Revise § 385.1504(a) to read as violations of the Alcoholic Beverage
defined in section 351 of the Small follows: Labeling Act (ABLA) is being adjusted
Business Regulatory Enforcement in accordance with the Federal Civil
Fairness Act of 1996. This Final Rule is § 385.1504 Maximum civil penalty (Rule Penalties Inflation Adjustment Act of
being submitted to the Senate, House, 1504). 1990, as amended. Prior to the
and Government Accountability Office. (a) Except as provided in paragraph publication of this document, any
List of Subjects (b) of this section, the Commission may person who violated the provisions of
assess a civil penalty of up to $22,363 the ABLA was subject to a civil penalty
18 CFR Part 250 for each day that the violation of not more than $20,111, with each day
Natural gas, Reporting and continues. constituting a separate offense. This
recordkeeping requirements. * * * * * document announces that this
maximum penalty is being increased to
18 CFR Part 385 ■ 5. Revise § 385.1602 to read as $20,521.
Administrative practice and follows: DATES: The new maximum civil penalty
procedure, Electric power, Penalties, § 385.1602 Civil penalties, as adjusted for violations of the ABLA takes effect
Pipelines, Reporting and recordkeeping (Rule 1602). on January 12, 2018 and applies to
requirements. penalties that are assessed after that
The current inflation-adjusted civil date.
By the Commission.
monetary penalties provided by law
Issued: January 8, 2018. FOR FURTHER INFORMATION CONTACT: Rita
within the jurisdiction of the
Kimberly D. Bose, Commission are: D. Butler, Regulations and Rulings
Secretary. Division, Alcohol and Tobacco Tax and
(a) 15 U.S.C. 3414(b)(6)(A)(i), Natural Trade Bureau, 1310 G Street NW, Box
In consideration of the foregoing, the
Gas Policy Act of 1978: $1,238,271. 12, Washington, DC 20005; (202) 453–
Commission amends parts 250 and 385,
chapter I, title 18, Code of Federal (b) 16 U.S.C. 823b(c), Federal Power 1039, ext. 101.
Regulations as follows: Act: $22,363 per day. SUPPLEMENTARY INFORMATION:
(c) 16 U.S.C. 825n(a), Federal Power Background
PART 250—FORMS Act: $2,852.
Statutory Authority for Federal Civil
■ 1. The authority citation for part 250 (d) 16 U.S.C. 825o–1(b), Federal
Monetary Penalty Inflation Adjustments
continues to read as follows: Power Act: $1,238,271 per day.
The Federal Civil Penalties Inflation
Authority: 15 U.S.C. 717–717w, 3301– (e) 15 U.S.C. 717t–1, Natural Gas Act:
Adjustment Act of 1990 (the Inflation
3432; 42 U.S.C. 7101–7352; 28 U.S.C. 2461 $1,238,271 per day.
note.
Adjustment Act), Public Law 101–410,
(f) 49 App. U.S.C. 6(10) (1988), 104 Stat. 890, 28 U.S.C. 2461 note, as
■ 2. Amend § 250.16 by revising Interstate Commerce Act: $1,296 per amended by the Federal Civil Penalties
paragraph (e)(1) to read as follows: offense and $65 per day after the first Inflation Adjustment Act Improvements
§ 250.16 Format of compliance plan day. Act of 2015, Public Law 114–74, section
transportation services and affiliate (g) 49 App. U.S.C. 16(8) (1988), 701, 129 Stat. 584, requires the regular
transactions. Interstate Commerce Act: $12,964 per adjustment and evaluation of civil
* * * * * day. monetary penalties to maintain their
(e) * * * (1) Any person who (h) 49 App. U.S.C. 19a(k) (1988), deterrent effect and helps to ensure that
transports gas for others pursuant to Interstate Commerce Act: $1,296 per penalty amounts imposed by the
sradovich on DSK3GMQ082PROD with RULES
subparts B or G of part 284 of this day. Federal Government are properly
chapter and who knowingly violates the accounted for and collected. A ‘‘civil
requirements of §§ 358.4 and 358.5, (i) 49 App. U.S.C. 20(7)(a) (1988), monetary penalty’’ is defined in the
§ 250.16, or § 284.13 of this chapter will Interstate Commerce Act: $1,296 per Inflation Adjustment Act as any penalty,
be subject, pursuant to sections 311(c), day. fine, or other such sanction that is: (1)
[FR Doc. 2018–00415 Filed 1–11–18; 8:45 am] For a specific monetary amount as
18 5 U.S.C. 553(d)(3). BILLING CODE 6717–01–P provided by Federal law, or has a
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Document Created: 2018-10-26 09:53:45
Document Modified: 2018-10-26 09:53:45
| 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 12, 2018. | |
| 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 | 83 FR 1550 | |
| 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 |
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