Unknown. Final rules

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--- schema: federal-register doc_type: fedreg source_file: FR-2013-07-24.xml --- 78 142 Wednesday, July 24, 2013 Contents Agency Toxic Agency for Toxic Substances and Disease Registry NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44563-44564 2013-17738 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Forest Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44519 2013-17788 Requests for Nominations:

Forest Resource Coordinating Committee; Reestablishment, 44519-44520 2013-17706 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Veterinary Services Customer Service Survey, 44521 2013-17806 Environmental Impact Statements; Availability, etc.: Proposed Cattle Fever Tick Control Barrier in South Texas, 44521-44522 2013-17804 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Mortgage Rules under the Real Estate Settlement Procedures Act and the Truth in Lending Act, 44686-44728 2013-16962 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44564-44569 2013-17799 2013-17739 2013-17740 2013-17798 Centers Medicare Centers for Medicare & Medicaid Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44569-44571 2013-17821 Coast Guard Coast Guard RULES Safety Zones: Joint Operations Exercise, Lake Michigan, IL, 44436-44438 2013-17912 Metedeconk River; Brick Township, NJ, 44433-44436 2013-17677 Commerce Commerce Department See Economic Development Administration See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44551-44553 2013-17678 2013-17807 Economic Development Economic Development Administration NOTICES Petitions: Eligibility to Apply for Trade Adjustment Assistance, 44523 2013-17827 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Applications for Assistance Section 8002 Impact Aid Program, 44554-44555 2013-17721 Early Childhood Longitudinal Study, etc., 44553-44554 2013-17800 Veterans Upward Bound Annual Performance Report, 44553 2013-17801 Employee Benefits Employee Benefits Security Administration NOTICES Meetings:

Advisory Council on Employee Welfare and Pension Benefit Plans, 44600 2013-17761 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Veterans Retraining Assistance Program Participant Outreach Reporting, 44600-44602 2013-17762 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Implementation Plans;

Approvals and Promulgations: Atlanta, GA, 1997 8-Hour Ozone Nonattainment Area; Reasonable Further Progress Plan; Withdrawal, 44439 2013-17689 National Oil and Hazardous Substances Pollution Contingency Plan: National Priorities List; Deletion of the Sola Optical U.S.A., Inc., Superfund Site, 44455-44459 2013-17828 Pesticide Tolerances: Imazosulfuron, 44440-44444 2013-17823 Mancozeb, 44444-44455 2013-17869 PROPOSED RULES Air Quality Implementation Plans; Approvals and Promulgations:

West Virginia; Redesignation of the West Virginia Portion of the Wheeling, WV-OH 1997 Annual Fine Particulate Matter Nonattainment Area, etc., 44487-44494 2013-17704 Implementation Plans; Approvals and Promulgations: Designation of Areas for Air Quality Planning Purposes; California; PM10; Redesignation of Sacramento to Attainment; Approval of PM10 Redesignation Request and Maintenance Plan for Sacramento, 44494-44511 2013-17825 National Oil and Hazardous Substances Pollution Contingency Plan:

National Priorities List; Deletion of Sola Optical U.S.A., Inc., Superfund Site, 44512 2013-17826 State Implementation Plan Requirements: Implementation of 2008 National Ambient Air Quality Standards for Ozone, 44485-44487 2013-17830 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44560-44561 2013-17832 Emergency Exemption Applications: Ortho-Phthalaldehyde, 44561-44562 2013-17419 Reports of the TSCA Interagency Testing Committee, 44858-44866 2013-17545 Executive Office of the President See Presidential Documents Export Import Export-Import Bank NOTICES Applications for a Long-Term Loan or Financial Guarantee in Excess of 100 Million Dollars:

Boeing Co.; Norwegian Air Shuttle ASA, 44562-44563 2013-17758 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Eurocopter France (Eurocopter) Helicopters, 44422-44424 2013-17622 PROPOSED RULES Airworthiness Directives: BAE SYSTEMS (OPERATIONS) LIMITED Airplanes, 44469-44473 2013-17764 DASSAULT AVIATION Airplanes, 44473-44475 2013-17765 NOTICES Aviation Rulemaking Advisory Committee Airman Testing Standards and Training Working Group, 44619-44620 2013-17782 Federal Election Federal Election Commission RULES Civil Monetary Penalties Inflation Adjustments, 44419-44422 2013-17703 Federal Energy Federal Energy Regulatory Commission RULES Revisions to Page 700 of FERC Form No. 6, 44424-44432 2013-17729 PROPOSED RULES Protection System Maintenance Reliability Standard, 44475-44483 2013-17730 NOTICES Applications:

Alabama Power Co., 44555 2013-17725 Combined Filings, 44555-44556 2013-17742 2013-17743 Complaints: Chesapeake Energy Marketing, Inc. v. Midcontinent Express Pipeline LLC, 44556-44557 2013-17731 Compliance Filings: Revision to Transmission Vegetation Management Reliability Standard, 44557 2013-17732 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorization: Guttman Energy, Inc., 44557 2013-17744 Preliminary Permit Applications: Turnagain Arm Tidal Energy Corp., 44557-44558 2013-17812 Rate Approval Petitions:

Duke Energy Kentucky, Inc., 44558 2013-17726 Requests under Blanket Authorizations: Stingray Pipeline Co. LLC, 44558-44559 2013-17728 Revised Company Registration Requirements, 44559-44560 2013-17727 Federal Labor Federal Labor Relations Authority NOTICES Senior Executive Service Performance Review Board Membership, 44563 2013-17785 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 44563 2013-17803 Fish Fish and Wildlife Service NOTICES Endangered and Threatened Wildlife and Plants:

Recovery Permit Application, 44585-44586 2013-17766 Environmental Assessments; Availability, etc.: Cross Valley Transmission Line, Tulare County, CA; Proposed Habitat Conservation Plan, 44586-44588 2013-17772 Environmental Impact Statements; Availability, etc.: Experimental Removal of Barred Owls to Benefit Threatened Northern Spotted Owls, 44588-44589 2013-17620 Food and Drug Food and Drug Administration RULES New Animal Drugs: Fentanyl; Iron Injection, Change of Sponsor, 44432-44433 2013-17754 PROPOSED RULES Draft Guidance for Industry:

Questions and Answers Regarding the Final Rule, Prevention of Salmonella Enteritidis in Shell Eggs During Production, Storage, and Transportation (Layers with Outdoor Access); Availability, 44483-44484 2013-17750 Tobacco Products: Menthol in Cigarettes, 44484-44485 2013-17805 NOTICES Draft Guidance for Industry; Availability: Pre-Launch Activities Importation Requests, 44572-44573 2013-17768 Guidance for Industry; Availability: Providing Submissions in Electronic Format; Postmarket Non-Expedited Individual Case Safety Reports;

Technical Questions and Answers, 44573-44574 2013-17747 Meetings: Health Professional Organizations Conference, 44574-44575 2013-17769 Foreign Trade Foreign-Trade Zones Board NOTICES Applications for Reorganization under Alternative Site Framework: Foreign-Trade Zone 122, Corpus Christi, TX, 44523-44524 2013-17699 Forest Forest Service NOTICES Forest Service Manual; Burned Area Emergency Response; Correction, 44523 2013-17710 Health and Human Health and Human Services Department See Agency for Toxic Substances and Disease Registry See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health See Public Health Service PROPOSED RULES National Vaccine Injury Compensation Program, 44512-44518 2013-17786 Health Resources Health Resources and Services Administration NOTICES Sickle Cell Disease Treatment Demonstration Program, 44575 2013-17720 Homeland Homeland Security Department See Coast Guard NOTICES Senior Executive Service Performance Review Board;

Appointments, 44577-44579 2013-17808 Housing Housing and Urban Development Department RULES HOME Investment Partnerships Program: Performance and Accountability; Property Standards Update, 44628-44683 2013-17348 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Fellowship Placement Pilot Program Evaluation, 44579-44580 2013-17778 Debenture Interest Rates: Mortgage and Loan Insurance Programs under the National Housing Act, 44580-44582 2013-17773 HUD Held Multifamily and Healthcare Loan Sales, 44582-44583 2013-17775 Privacy Act;

Systems of Records, 44583-44585 2013-17780 Indian Affairs Indian Affairs Bureau NOTICES Salt River Pima-Maricopa Indian Community Alcoholic Beverage Control Ordinance; Amendment, 44590 2013-17741 Industry Industry and Security Bureau NOTICES Administrative Proceedings: Orville L. Parker, Jr., 44524-44525 2013-17824 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service See Surface Mining Reclamation and Enforcement Office Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44623-44624 2013-17691 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews; Results, Extensions, Amendments, etc.: Certain Cut-to-Length Carbon Steel Plate from the People's Republic of China, 44525-44526 2013-17796 Antidumping Duty Investigations; Results, Extensions, Amendments, etc.: Steel Threaded Rod from India and Thailand, 44526-44531 2013-17794 Corporation for Travel Promotion (dba Brand USA), 44531 2013-17791 Countervailing Duty Investigations;

Results, Extensions, Amendments, etc.: Steel Threaded Rod from India, 44532-44535 2013-17795 Meetings: Civil Nuclear Trade Advisory Committee, 44535 2013-17681 Justice Department Justice Department NOTICES Proposed Consent Decrees under CERCLA, the Resource Conservation and Recovery Act, and the Clean Water Act, 44598 2013-17735 Proposed Consent Decrees under the Clean Air Act, 44598-44599 2013-17734 Proposed Consent Decrees under the Clean Water Act, 44599-44600 2013-17719 2013-17757 Labor Department Labor Department See Employee Benefits Security Administration See Employment and Training Administration Land Land Management Bureau NOTICES Meetings:

Las Cruces District Resource Advisory Council, 44590-44591 2013-17779 Wyoming Resource Advisory Council, 44591 2013-17763 Plats of Surveys: Arizona, 44591-44592 2013-17777 National Highway National Highway Traffic Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 44620-44621 2013-17679 Importation Eligibility; Petitions: Nonconforming 2004 BMW 760I Passenger Cars, 44621-44622 2013-17787 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review; Amendment, 44576 2013-17695 Eunice Kennedy Shriver National Institute of Child Health and Human Development, 44576 2013-17694 2013-17696 National Cancer Institute, 44577 2013-17718 National Institute of Mental Health, 44576-44577 2013-17693 Office of the Director, 44575-44576 2013-17697 National Labor National Labor Relations Board NOTICES Statements of Organization and Functions: Restructuring of National Labor Relations Board's Field Organization;

Amendment, 44602-44603 2013-17818 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Snapper-Grouper Fishery off the Southern Atlantic States; Amendment 28, 44461-44465 2013-17790 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Ocean Perch in the West Yakutat District of the Gulf of Alaska, 44465-44466 2013-17789 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Licensing of Private Remote-Sensing Space Systems, 44536 2013-17736 Environmental Impact Statements; Availability, etc.: Marine Mammals; Atlantic Large Whale Take Reduction Plan, 44536-44538 2013-17737 Meetings: Caribbean Fishery Management Council, 44538 2013-17759 Mid-Atlantic Fishery Management Council, 44539 2013-17774 Takes of Marine Mammals Incidental to Specified Activities: Pier Replacement Project, 44539-44551 2013-17760 National Park National Park Service NOTICES Environmental Impact Statements;

Availability, etc.: Fort Pulaski National Monument, GA, 44592-44593 2013-17793 Inventory Completions: State Historical Society of Wisconsin, Madison, WI, 44596 2013-17716 Thomas Burke Memorial Washington State Museum, University of Washington, Seattle, WA, 44595 2013-17714 Washington State Parks and Recreation Commission, Olympia, WA, 44593-44594 2013-17713 2013-17717 Minor Boundary Revision at Yosemite National Park, 44596-44597 2013-17792 Records of Decisions; Approvals: Stehekin River Corridor Implementation Plan, Lake Chelan National Recreation Area, WA, 44597 2013-17781 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Renewal Applications:

Byron Nuclear Station, Units 1 and 2, and Braidwood Nuclear Station, Units 1 and 2; Exelon Generation Co., LLC, 44603-44606 2013-17809 Personnel Personnel Management Office PROPOSED RULES Political Activity; State or Local Officers or Employees, Federal Employees Residing in Designated Localities, Federal Employees, 44467-44469 2013-17662 Postal Service Postal Service RULES Organization Name and Address Change, 44438-44439 2013-17712 Presidential Documents Presidential Documents PROCLAMATIONS Special Observances:

Captive Nations Week (Proc. 8998), 44867-44870 2013-17956 Public Health Public Health Service RULES Designation of Health Professional(s) Shortage Areas; CFR Correction, 44459 2013-17858 Tribal Self-Governance; CFR Correction, 44459 2013-17859 Research Innovative Research and Innovative Technology Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Confidential Close Call Reporting System, 44622-44623 2013-17684 Securities Securities and Exchange Commission RULES Disqualification of Felons and Other Bad Actors from Rule 506 Offerings, 44730-44771 2013-16983 Eliminating the Prohibition Against General Solicitation and General Advertising in Rule 506 and Rule 144A Offerings, 44771-44805 2013-16883 PROPOSED RULES Amendments to Regulation D, Form D and Rule 156, 44806-44855 2013-16884 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44606-44607 2013-17723 Self-Regulatory Organizations; Proposed Rule Changes: Municipal Securities Rulemaking Board, 44607-44609 2013-17724 NYSE Arca, Inc., 44609-44618 2013-17722 State Department State Department NOTICES Delegations by the Secretary of State to the Assistant Secretary for European and Eurasian Affairs, 44618-44619 2013-17802 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 44597-44598 2013-17829 Surface Transportation Surface Transportation Board RULES Rate Regulation Reforms, 44459-44460 2013-17783 Toxic Substances and Disease Registry Agency See Agency for Toxic Substances and Disease Registry Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Innovative Technology Administration See Surface Transportation Board Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Conduct the Point-of-Care Research Questionnaire, 44624-44625 2013-17709 Inquiry Routing and Information System; Correction, 44624 2013-17749 Open Burn Pit Registry Airborne Hazard Self-Assessment Questionnaire, 44625 2013-17784 Wrist Conditions Disability Benefits Questionnaire; Withdrawal, 44625 2013-17748 Separate Parts In This Issue Part II Housing and Urban Development Department, 44628-44683 2013-17348 Part III Bureau of Consumer Financial Protection, 44686-44728 2013-16962 Part IV Securities and Exchange Commission, 44730-44855 2013-16983 2013-16883 2013-16884 Part V Environmental Protection Agency, 44858-44866 2013-17545 Part VI Presidential Documents, 44867-44870 2013-17956 Reader Aids Consult the Reader Aids section at the end of this page for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 78 142 Wednesday, July 24, 2013 Rules and Regulations FEDERAL ELECTION COMMISSION 11 CFR Part 111 [Notice 2013-10] Civil Monetary Penalties Inflation Adjustments AGENCY: Federal Election Commission. ACTION: Final rules. SUMMARY:

In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, the Federal Election Commission is adopting final rules to apply inflation adjustments to certain civil monetary penalties under the Federal Election Campaign Act of 1971, as amended, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act. The civil penalties being adjusted are for a knowing and willful violation of the prohibition against making a contribution in the name of another; and certain late filed or non-filed reports under the Commission's administrative fines program.

The adjusted civil monetary penalties are calculated according to a statutory formula and will be effective for violations occurring after the effective date of these rules. Further information is provided in the supplementary information that follows. DATES: These penalty adjustments are effective on July 24, 2013. FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General Counsel, or Ms. Cheryl A.F. Hemsley, or Ms. Jessica Selinkoff, Attorneys, 999 E Street NW., Washington, DC 20463,

(202)694-1650 or

(800)424-9530. SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended (“Inflation Adjustment Act”), 1 requires Federal agencies to adjust for inflation the civil monetary penalties within their jurisdiction at least once every four years according to detailed formulas. The Inflation Adjustment Act defines a civil monetary penalty as any penalty, fine, or other sanction that is for a specific amount, or has a maximum amount, as provided by Federal law, and that a Federal agency assesses or enforces in an administrative proceeding or in a civil action in Federal court. 2 Under the Federal Election Campaign Act of 1971, as amended, 2 U.S.C. 431 *et seq.* (“FECA”), the Federal Election Commission has jurisdiction over several civil penalties for violations of FECA, the Presidential Election Campaign Fund Act, 26 U.S.C. 9001 *et seq.,* and the Presidential Primary Matching Payment Account Act, 26 U.S.C. 9031 *et seq.* These rules fulfill the Commission's non-discretionary obligation under the Inflation Adjustment Act to adjust for inflation, according to the prescribed formulas, the civil penalties within its jurisdiction. 1 Pub. L. 101-410, 104 Stat. 890 (codified at 28 U.S.C. 2461 note), as amended by Debt Collection Improvement Act of 1996, Pub. L. 104-134, sec. 31001(s)(1), 110 Stat. 1321, 1373; Federal Reports Elimination Act of 1998, Pub. L. 105-362, sec. 1301, 112 Stat. 3280. 2 Inflation Adjustment Act sec. 3(2). Immediate Effectiveness of Final Rules The Inflation Adjustment Act requires the Commission to adjust the civil penalties under its jurisdiction by using a cost-of-living adjustment (“COLA”) formula. The application of this COLA does not involve any Commission discretion or policy judgments. Thus, the Commission finds that the “good cause” exception to the notice and comment requirement of the Administrative Procedure Act applies to these rules because notice and comment are unnecessary. 5 U.S.C. 553(b)(B), (d)(3). For the same reasons, these rules do not need to be submitted to the Speaker of the House of Representatives or the President of the Senate under the Congressional Review Act, 5 U.S.C. 801 *et seq.,* and these rules are effective upon publication. 5 U.S.C. 808(2). Accordingly, these amendments are effective on July 24, 2013. The new civil penalties are applicable only to violations that occur after this effective date. 3 3 *Id.* sec. 6. Explanation and Justification Under the Inflation Adjustment Act, the Commission must adjust civil penalties by a COLA defined as the percentage by which the U.S. Department of Labor's Consumer Price Index for all urban consumers (“CPI”) for June of the year preceding the adjustment exceeds the CPI for June of the year in which each civil penalty was last set or adjusted. 4 The amount of the resulting increase is then subject to rounding rules based on the size of the civil penalty. 5 The Inflation Adjustment Act imposes a 10% cap on the first adjustment under its rules, but no cap on subsequent adjustments. 6 That is, the first adjustment of a civil penalty may not exceed 10% of the starting civil penalty. 4 *Id.* sec. 5(b). 5 *Id.* sec. 5(a). The rounding rules applicable to the Commission's civil penalties require that if the existing penalty is less than or equal to $100, the increase is rounded to the nearest $10; if the existing penalty is greater than $100 but less than or equal to $1,000, the increase is rounded to the nearest $100; if the existing penalty is greater than $1,000 but less than or equal to $10,000, the increase is rounded to the nearest $1,000; and if the existing penalty is greater than $10,000 but less than or equal to $100,000, the increase is rounded to the nearest $5,000. 6 Pub. L. 104-134, sec. 31001(s)(2), 110 Stat. 1321, 1373. The Commission has previously applied the Inflation Adjustment Act formulas to its civil penalties in 1997, 2002, 2005, and 2009. 7 As explained below, the Inflation Adjustment Act now requires the Commission to adjust one civil penalty in 11 CFR 111.24 and some civil penalties in 11 CFR 111.43. Because of the rounding rules, the other civil penalties within the Commission's jurisdiction will not change. 7 *See* Explanation and Justification for Final Rules on Civil Monetary Penalties Inflation Adjustments, 74 FR 31345 (July 1, 2009), *amended by* Explanation and Justification for Final Rules on Civil Monetary Penalties Inflation Adjustments; Correction, 74 FR 37161 (July 28, 2009) (collectively, “2009 Adjustment”), Explanation and Justification for Final Rules on Inflation Adjustments for Civil Monetary Penalties, 70 FR 34633 (June 15, 2005) (“2005 Adjustment”), Explanation and Justification for Final Rules on Adjustments to Civil Monetary Penalty ** Amounts, 62 FR 11316 (Mar. 12, 1997). In January 2002, the rounding rules resulted in no adjustments. Agenda Doc. 02-06 (Jan. 17, 2002). 1. 11 CFR 111.24—General Civil Penalties FECA establishes civil penalties for violations of FECA or the other statutes within the Commission's jurisdiction. Those statutory civil penalties are found at 2 U.S.C. 437g(a)(5), (6), and (12). Commission regulations in 11 CFR 111.24 set forth each such civil penalty, as adjusted pursuant to the Inflation Adjustment Act. These final rules adjust only one statutory civil penalty: the $50,000 civil penalty established by 2 U.S.C. 437g(a)(5)(B), which is currently at the 2009 level of $60,000. 11 CFR 111.24(a)(2)(ii). 8 To determine the 2013 COLA, the CPI for June 2012 (229.478) 9 is divided by the CPI for June 2009 (215.693), the year the civil penalty was last adjusted, for an increase of 6.4%. Next, the raw inflation adjustment is determined by multiplying the present civil penalty ($60,000) by the COLA (0.064) for a raw increase of $3,840, which is rounded to $5,000. Finally, the rounded increase is added to the civil penalty, for a new section 111.24(a)(2)(ii) civil penalty of $65,000. 8 *See* 2009 Adjustment, 74 FR at 31347. 9 U.S. Dep't of Labor, Bureau of Labor Statistics, Consumer Price Index: All Urban Consumers (May 16, 2013), *available at ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.txt* . Using the same Inflation Adjustment Act formulas, the Commission has also reviewed the other civil penalties in 11 CFR 111.24. None of those other civil penalties will change this year because of the rounding rules. Section Previous civil penalty Last adjusted COLA Raw increase Rounded increase New civil penalty 11 CFR 111.24(a)(1) $7,500 2009 0.064 $480.00 $0 unchanged. 11 CFR 111.24(a)(2)(i) 16,000 2009 0.064 1,024.00 0 unchanged. 11 CFR 111.24(a)(2)(ii) 60,000 2009 0.064 3,840.00 5,000 65,000. 11 CFR 111.24(b) 3,200 2009 0.064 204.80 0 unchanged. 11 CFR 111.24(b) 7,500 2009 0.064 480.00 0 unchanged. 2. 11 CFR 111.43, 111.44—Administrative Fines FECA permits the Commission to assess civil penalties for violations of the reporting requirements of 2 U.S.C. 434(a) in accordance with schedules of penalties established and published by the Commission. 2 U.S.C. 437g(a)(4)(C)(i). The penalty schedule in 11 CFR 111.43(a) applies to reports that are not election sensitive, and the schedule in 11 CFR 111.43(b) applies to reports that are election sensitive. 10 Each schedule contains two columns of penalties, one for late-filed reports and one for non-filed reports, with penalties based on the level of financial activity in the report and its lateness (where applicable). 11 In addition, 11 CFR 111.43(c) establishes a civil penalty for situations in which a committee fails to file a report and the Commission cannot calculate the relevant level of activity. Finally, 11 CFR 111.44 establishes a civil penalty for failure to file timely reports of contributions received less than 20 days, but more than 48 hours, before an election. *See* 2 U.S.C. 434(a)(6). 10 Election sensitive reports are certain reports due shortly before an election. *See* 11 CFR 111.43(d)(1). 11 A report is considered to be “not filed” if it is never filed or is filed more than a certain number of days after its due date. *See* 11 CFR 111.43(e). The schedules in 11 CFR 111.43 were set in 2003 when the Commission re-promulgated its Administrative Fines program, which implements 2 U.S.C. 437g(a)(4)(C). *See* Explanation and Justification for Final Rules on Administrative Fines, 68 FR 12572 (Mar. 17, 2003). In 2005, the Commission applied the Inflation Adjustment Act formulas to the civil penalties in section 111.43 but did not adjust any of the penalties because of the rounding rules. *See* 2005 Adjustment, 70 FR at 34635. Under the same procedures, the Commission adjusted some, but not all, of these civil penalties in 2009. *See* 2009 Adjustment, 74 FR at 31348-49 (renumbering schedules and adjusting some penalties for inflation). For purposes of the current adjustments, the Commission multiplies each civil penalty that was raised in 2009 by a COLA of 0.064. For those civil penalties set in 2003 and unchanged in 2009, the Commission multiplies each civil penalty by a COLA of 0.249. 12 Next, the Commission applies the statutory rounding formula to each of these raw increases. The resulting rounded increase is then added to the current civil penalty to determine the new raw civil penalty. Finally, the statutory 10% penalty cap is applied as necessary, i.e., to penalties that the Commission is adjusting this year for the first time. The actual adjustment to each civil penalty is shown in the schedules in the rule text, below. 12 The CPI for June 2012 (229.478) divided by the CPI for June 2003 (183.7) equals an increase of 24.9%. The $6,050 civil penalty in 11 CFR 111.43(c) was adjusted in 2009, 13 so the Commission multiplies it by a COLA of 0.064. Because of the rounding rules, this civil penalty will not change this year. 13 *See* 2009 Adjustment, 74 FR at 37161 (correcting amount to $6,050). The penalty in 11 CFR 111.44 was last adjusted in 2005, 14 so the Commission multiplies it by a COLA of 0.18. 15 Because of the rounding rules, this civil penalty will not change this year. 14 *See* 2005 Adjustment, 70 FR at 34635; Explanation and Justification for Final Rules on Administrative Fines, 65 FR 31787, 31793 (May 19, 2000); *see also* 2009 Adjustment, 74 FR at 31347 (not adjusting this penalty due to rounding rules). 15 The CPI for June 2012 (229.478) divided by the CPI for June 2005 (194.5) equals an increase of 18%. Certification of No Effect Pursuant to 5 U.S.C. 605(b) (Regulatory Flexibility Act) The provisions of the Regulatory Flexibility Act are not applicable to this final rule because the Commission was not required to publish a notice of proposed rulemaking or to seek public comment under 5 U.S.C. 553 or any other laws. 5 U.S.C. 603(a), 604(a). Therefore, no regulatory flexibility analysis is required. List of Subjects in 11 CFR Part 111 Administrative practice and procedures, Elections, Law enforcement, Penalties. For the reasons set out in the preamble, the Federal Election Commission amends subchapter A of chapter I of title 11 of the *Code of Federal Regulations* as follows: PART 111—COMPLIANCE PROCEDURE (2 U.S.C. 437g, 437d(a)) 1. The authority citation for part 111 continues to read as follows: Authority: 2 U.S.C. 432(i), 437g, 437d(a), 438(a)(8); 28 U.S.C. 2461 nt. 2. Section 111.24 is amended by revising paragraph (a)(2)(ii) to read as follows: § 111.24 Civil Penalties (2 U.S.C. 437g(a)(5), (6), (12), 28 U.S.C. 2461 nt.).

(a)* * *

(2)* * *

(ii)Notwithstanding paragraph (a)(2)(i) of this section, in the case of a knowing and willful violation of 2 U.S.C. 441f, the civil penalty shall not be less than 300% of the amount of any contribution involved in the violation and shall not exceed the greater of $65,000 or 1,000% of the amount of any contribution involved in the violation. 3. Section 111.43 is amended by revising paragraphs

(a)and

(b)to read as follows: § 111.43 What are the schedules of penalties?

(a)The civil money penalty for all reports that are filed late or not filed, except election sensitive reports and pre-election reports under 11 CFR 104.5, shall be calculated in accordance with the following schedule of penalties: If the level of activity in the report was: And the report was filed late, the civil money penalty is: Or the report was not filed, the civil money penalty is: $1-4,999.99 a [$27.50 + ($5 × Number of days late)] × [1 + (.25 × Number of previous violations)] $275 × [1 + (.25 × Number of previous violations)]. $5,000-9,999.99 [$55 + ($5 × Number of days late)] × [1 + (.25 × Number of previous violations)] $330 × [1 + (.25 × Number of previous violations)]. $10,000-24,999.99 [$110 + ($5 × Number of days late)] × [1 + (.25 × Number of previous violations)] $550 × [1 + (.25 × Number of previous violations)]. $25,000-49,999.99 [$200 + ($20 × Number of days late)] × [1 + (.25 × Number of previous violations)] $1090 × [1 + (.25 × Number of previous violations)]. $50,000-74,999.99 [$330 + ($92.50 × Number of days late)] × [1 + (.25 × Number of previous violations)] $2970 × [1 + (.25 × Number of previous violations)]. $75,000-99,999.99 [$440 + ($110 × Number of days late)] × [1 + (.25 × Number of previous violations)] $3850 × [1 + (.25 × Number of previous violations)]. $100,000-149,999.99 [$660 + ($125 × Number of days late)] × [1 + (.25 × Number of previous violations)] $4950 × [1 + (.25 × Number of previous violations)]. $150,000-199,999.99 [$980 + ($150 × Number of days late)] × [1 + (.25 × Number of previous violations)] $6050 × [1 + (.25 × Number of previous violations)]. $200,000-249,999.99 [$1100 + ($175 × Number of days late)] × [1 + (.25 × Number of previous violations)] $7150 × [1 + (.25 × Number of previous violations)]. $250,000-349,999.99 [$1500 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $9800 × [1 + (.25 × Number of previous violations)]. $350,000-449,999.99 [$2000 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $10,900 × [1 + (.25 × Number of previous violations)]. $450,000-549,999.99 [$2750 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $10,450 × [1 + (.25 × Number of previous violations)]. $550,000-649,999.99 [$3300 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $11,000 × [1 + (.25 × Number of previous violations)]. $650,000-749,999.99 [$3850 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $11,550 × [1 + (.25 × Number of previous violations)]. $750,000-849,999.99 [$4400 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $12,100 × [1 + (.25 × Number of previous violations)]. $850,000-949,999.99 [$4950 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $12,650 × [1 + (.25 × Number of previous violations)]. $950,000 or over [$5500 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $13,200 × [1 + (.25 × Number of previous violations)]. a The civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report.

(b)The civil money penalty for election sensitive reports that are filed late or not filed shall be calculated in accordance with the following schedule of penalties: If the level of activity in the report was: And the report was filed late, the civil money penalty is: Or the report was not filed, the civil money penalty is: $1-$4,999.99 a [$55 + ($10 × Number of days late)] × [1 + (.25 × Number of previous violations)] $550 × [1 + (.25 × Number of previous violations)]. $5,000-$9,999.99 [$110 + ($10 × Number of days late)] × [1 + (.25 × Number of previous violations)] $660 × [1 + (.25 × Number of previous violations)]. $10,000-24,999.99 [$150 + ($10 × Number of days late)] × [1 + (.25 × Number of previous violations)] $1090 × [1 + (.25 × Number of previous violations)]. $25,000-49,999.99 [$330 + ($27.50 × Number of days late)] × [1 + (.25 × Number of previous violations)] $1,400 × [1 + (.25 × Number of previous violations)]. $50,000-74,999.99 [$495 + ($92.50 × Number of days late)] × [1 + (.25 × Number of previous violations)] $3300 × [1 + (.25 × Number of previous violations)]. $75,000-99,999.99 [$660 + ($110 × Number of days late)] × [1 + (.25 × Number of previous violations)] $4400 × [1 + (.25 × Number of previous violations)]. $100,000-149,999.99 [$1090 + ($125 × Number of days late)] × [1 + (.25 × Number of previous violations)] $5500 × [1 + (.25 × Number of previous violations)]. $150,000-199,999.99 [$1200 + ($150 × Number of days late)] × [1 + (.25 × Number of previous violations)] $6600 × [1 + (.25 × Number of previous violations)]. $200,000-249,999.99 [$1500 + ($175 × Number of days late)] × [1 + (.25 × Number of previous violations)] $9250 × [1 + (.25 × Number of previous violations)]. $250,000-349,999.99 [$2475 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $10,900 × [1 + (.25 × Number of previous violations)]. $350,000-449,999.99 [$3300 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $11,000 × [1 + (.25 × Number of previous violations)]. $450,000-549,999.99 [$4125 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $12,100 × [1 + (.25 × Number of previous violations)]. $550,000-649,999.99 [$4950 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $13,200 × [1 + (.25 × Number of previous violations)]. $650,000-749,999.99 [$5775 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $14,300 × [1 + (.25 × Number of previous violations)]. $750,000-849,999.99 [$6600 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $15,400 × [1 + (.25 × Number of previous violations)]. $850,000-949,999.99 [$7425 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $16,500 × [1 + (.25 × Number of previous violations)]. $950,000 or over [$9250 + ($200 × Number of days late)] × [1 + (.25 × Number of previous violations)] $17,600 × [1 + (.25 × Number of previous violations)]. a The civil money penalty for a respondent who does not have any previous violations will not exceed the level of activity in the report. On behalf of the Commission. Dated: July 18, 2013. Ellen L. Weintraub, Chair, Federal Election Commission. [FR Doc. 2013-17703 Filed 7-23-13; 8:45 am]

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