Unknown. Final rule

4,514 words·~21 min read·/register/2020/08/07/2020-16032·

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2020-08-07.xml --- 85 153 Friday, August 7, 2020 Contents Administrative Administrative Office of United States Courts NOTICES Meetings: Advisory Committee on Criminal Rules, 47944 2020-17256 Agriculture Agriculture Department See Forest Service See Office of Partnerships and Public Engagement AIRFORCE Air Force Department NOTICES Privacy Act; Systems of Records, 47951-47952 2020-17264 Children Children and Families Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Contact After Adoption or Guardianship; Child Welfare Agency and Family Interactions (New Collection), 47970-47971 2020-17270 Civil Rights Civil Rights Commission NOTICES Meetings: California Advisory Committee, 47945 2020-17238 Coast Guard Coast Guard RULES Safety Zone: Annual Fireworks Displays and Other Events in the Eighth Coast Guard District, 47913 2020-16703 Commencement Bay, Tacoma, WA, 47912 2020-17035 Upper Mississippi River, Muscatine, IA, 47913-47915 2020-17012 Special Local Regulation:

Southern California Annual Marine Events for San Diego; San Diego Bayfair, 47912 2020-17011 PROPOSED RULES Request to Modify Thames River Special Anchorage Area No. 4, 47936-47937 2020-16522 Safety Zone: Patuxent and Patapsco Rivers, Solomons, MD, and Baltimore, MD, 47937-47939 2020-17366 Special Local Regulation: Chesapeake Bay, Between Sandy Point and Kent Island, MD; Withdrawal, 47936 2020-16829 Commerce Commerce Department See First Responder Network Authority See Foreign-Trade Zones Board See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 47950-47951 2020-17275 2020-17276 Defense Department Defense Department See Air Force Department See Navy Department Education Department Education Department RULES Final Waiver and Extension of the Project Period for the Predominantly Black Institutions Competitive Grant Program, 47915-47917 2020-17407 NOTICES Tests Determined To Be Suitable for Use in the National Reporting System for Adult Education, 47952-47954 2020-17301 Election Election Assistance Commission NOTICES Meetings;

Sunshine Act, 47954-47955 2020-17380 2020-17381 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: South Carolina and Tennessee: Minimum Reporting Requirements in State Implementation Plans, 47939 C1-2020-15720 Protection of Stratospheric Ozone: Extension of the Laboratory and Analytical Use Exemption for Essential Class I Ozone-Depleting Substances, 47940-47943 2020-16255 NOTICES Environmental Impact Statements;

Availability, etc., 47961-47962 2020-17311 Pesticide Experimental Use Permit; Application, 47962-47963 2020-17274 Public Water System Supervision Program Approval: Wisconsin, 47963-47964 2020-17293 Requests for Nominations: National and Governmental Advisory Committees to the U.S. Representative to the Commission for Environmental Cooperation, 47962 2020-17225 Farm Credit Farm Credit Administration NOTICES Meetings; Sunshine Act, 47964 2020-17410 Federal Aviation Federal Aviation Administration RULES Amendment of Class E Airspace:

Ithaca, NY, 47894-47895 2020-17306 Extension of the Requirement for Helicopters To Use the New York North Shore Helicopter Route, 47895-47899 2020-17334 PROPOSED RULES Airworthiness Directives: Airbus Helicopters, 47921-47928 2020-17271 2020-17300 Pilatus Aircraft Ltd, 47919-47921 2020-17036 Proposed Amendment of V-25, V-27, V-494, V-108, V-301, and T-257: Vicinity of Santa Rosa, CA, 47928-47931 2020-17278 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Service Difficulty Report, 48057-48058 2020-17269 Meetings: Safety Oversight and Certification Advisory Committee, 48058 2020-17237 Federal Communications Federal Communications Commission NOTICES Meetings: Open Commission, 47964-47965 2020-17230 Request for Comments: Wireless Telecommunications Bureau; Whether Proposed 3.7-4.2 GHz Band Relocation Coordinator Satisfies Selection Criteria, 47966-47967 2020-17291 Wireless Telecommunications Bureau; Whether Proposed 3.7-4.2 GHz Band Relocation Payment Clearinghouse Satisfies Selection Criteria, 47965-47966 2020-17292 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 47967-47969 2020-17330 Federal Election Federal Election Commission RULES Civil Monetary Penalties Annual Inflation Adjustments, 47891-47894 2020-16032 NOTICES Filing Dates: Georgia Special Election in the 5th Congressional District Special Election, 47969-47970 2020-17272 Federal Energy Federal Energy Regulatory Commission NOTICES Application: Brookfield White Pine Hydro, LLC, 47956-47957 2020-17297 Combined Filings, 47957-47960 2020-17317 2020-17318 Environmental Assessments;

Availability, etc.: PennEast Pipeline Co., LLC, 47960-47961 2020-17298 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Exelon Generation Supply, LLC, 47955 2020-17320 SR Rattlesnake, LLC, 47955 2020-17319 Meetings: Electric Quarterly Report Users Group, 47956 2020-17299 Request for Extension of Time: Freeport LNG Development, LP; FLNG Liquefaction 4, LLC, 47957 2020-17296 Federal Highway Federal Highway Administration NOTICES Buy America Waiver, 48059-48061 2020-17220 Federal Housing Finance Agency Federal Housing Finance Agency NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Correction, 47970 2020-17222 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers; Exemption Applications: Epilepsy and Seizure Disorders, 48061-48065, 48067-48068 2020-17281 2020-17283 2020-17284 Hearing, 48065-48066 2020-17279 Vision, 48062-48063, 48066-48067, 48069-48070 2020-17280 2020-17282 2020-17285 FIRSTNET First Responder Network Authority NOTICES Meetings: Public Finance Committee and Board, 47946 2020-17227 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Submission to the Office of Management and Budget for Review and Approval; Endangered and Threatened Wildlife, Experimental Populations, 47982-47984 2020-17325 Foreign Trade Foreign-Trade Zones Board NOTICES Authorization of Production Activity: Pacific Industrial Development Corp. (Zeolites, Specialty Alumina Products, Rare Earth Powders and Aqueous Solutions), Ann Arbor, MI; Foreign-Trade Zone 70, Detroit, MI, 47946 2020-17316 Forest Forest Service NOTICES Forest Service Handbook:

Operation and Maintenance of Developed Recreation Sites, 47944 2020-17262 Health and Human Health and Human Services Department See Children and Families Administration See National Institutes of Health Homeland Homeland Security Department See Coast Guard See U.S. Citizenship and Immigration Services See U.S. Customs and Border Protection Housing Housing and Urban Development Department RULES Preserving Community and Neighborhood Choice, 47899-47912 2020-16320 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: 2021 American Housing Survey, 47981-47982 2020-17314 Request for Withdrawals From Replacements Reserves / Residual Receipts Funds, 47980-47981 2020-17326 Indian Affairs Indian Affairs Bureau NOTICES Environmental Impact Statements; Availability, etc.: Proposed Arrow Canyon Solar Project, Clark County, NV, 47984-47985 2020-17165 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service PROPOSED RULES Certain Non-Government Persons Not Authorized To Participate in Examinations of Books and Witnesses as a Section 6103(n) Contractor, 47931-47936 2020-16912 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Synthetic Roofing Underlayment Products and Components Thereof, 47988 2020-17324 Land Land Management Bureau NOTICES Proposed Reinstatement of Terminated Oil and Gas Lease: NMNM 137444, New Mexico, 47985-47986 2020-17315 Maritime Maritime Administration NOTICES Deepwater Port License Application: Bluewater Texas Terminal, LLC; Project Scope Changes, 48070-48072 2020-17327 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 47989 2020-17321 National Institute National Institute of Standards and Technology NOTICES Meetings: Judges Panel of the Malcolm Baldrige National Quality Award, 47946-47947 2020-17295 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 47972 2020-17329 National Institute of Diabetes and Digestive Kidney Diseases, 47971-47972 2020-17233 National Institute of General Medical Sciences, 47972-47973 2020-17328 National Institute on Aging, 47972-47973 2020-17232 2020-17234 2020-17235 National Institute on Alcohol Abuse and Alcoholism, 47973-47974 2020-17236 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic:

Electronic Reporting for Federally Permitted Charter Vessels and Headboats in Atlantic Fisheries, 47917-47918 2020-17341 NOTICES Meetings: Caribbean Fishery Management Council, 47948-47950 2020-17288 Gulf of Mexico Fishery Management Council, 47947-47948 2020-17286 New England Fishery Management Council, 47947 2020-17287 North Pacific Fishery Management Council, 47950 2020-17289 National Park National Park Service NOTICES Meetings: Alaska Region Subsistence Resource Commission Program, 47986-47988 2020-17219 National Register of Historic Places:

Pending Nominations and Related Actions, 47986 2020-17302 National Science National Science Foundation NOTICES Meetings: Advisory Committee for Polar Programs, 47989 2020-17277 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Mariana Islands Training and Testing; Availability of Record of Decision, 47952 2020-16898 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Applications: Standard Format and Content of License Applications for Receipt and Storage of Unirradiated Power Reactor Fuel and Associated Radioactive Material at a Nuclear Power Plant, 47989-47990 2020-17304 OPPE Office of Partnerships and Public Engagement NOTICES Request for Applications:

Funding Opportunity Announcement: Assist Persistent Poverty Farmers, Ranchers, Agriculture Producers and Communities Through Agriculture Resources; Correction, 47945 2020-16398 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Product, 47990-47991 2020-17323 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 47991-47992, 48001-48002, 48007-48008, 48052 2020-17253 2020-17255 2020-17257 2020-17258 2020-17259 2020-17260 Meetings;

Sunshine Act, 48028-48029 2020-17406 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 48029-48032 2020-17242 Cboe BZX Exchange, Inc., 48021-48024 2020-17241 Cboe EDGA Exchange, Inc., 48032-48035 2020-17240 Cboe EDGX Exchange, Inc., 48049-48052 2020-17239 New York Stock Exchange, LLC, 47992-47997, 48045-48049 2020-17243 2020-17248 NYSE American, LLC, 48002-48007, 48052-48057 2020-17244 2020-17249 NYSE Arca, Inc., 48017-48021, 48035-48039 2020-17245 2020-17250 NYSE Chicago, Inc., 48024-48028, 48039-48044 2020-17246 2020-17251 NYSE National, Inc., 47997-48001, 48008-48012 2020-17247 2020-17252 The Nasdaq Stock Market, LLC, 48012-48017 2020-17303 State Department State Department NOTICES Culturally Significant Objects Imported for Exhibition:

Dora Maar, 48057 2020-17290 Surface Transportation Surface Transportation Board NOTICES Continuance in Control Exemption: Cathcart Rail, LLC; Belpre Industrial Parkersburg Railroad, LLC, 48057 2020-17265 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration See Federal Motor Carrier Safety Administration See Maritime Administration Treasury Treasury Department See Internal Revenue Service See United States Mint U.S.

Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Adjust Status from Temporary to Permanent Resident, 47979 2020-17254 Record of Abandonment of Lawful Permanent Residence Status, 47980 2020-17261 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application for Exportation of Articles under Special Bond, 47975-47976 2020-17312 Cost Submission, 47978-47979 2020-17308 Crew's Effects Declaration, 47975 2020-17309 Entry of Articles for Exhibition, 47976-47977 2020-17307 Entry Summary, 47977-47978 2020-17313 Foreign Trade Zone Annual Reconciliation Certification and Record Keeping Requirement, 47974 2020-17310 Unified Unified Carrier Registration Plan NOTICES Meetings;

Sunshine Act, 48072-48074 2020-17446 U.S. Mint United States Mint NOTICES 2020 Pricing of Numismatic Gold, Commemorative Gold, Platinum, and Palladium Products Grid: Prices of First Spouse and End of World War II 75th Anniversary Gold Coins, 48072 2020-17226 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws. To subscribe to the Federal Register Table of Contents electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 85 153 Friday, August 7, 2020 Rules and Regulations FEDERAL ELECTION COMMISSION 11 CFR Part 111 [NOTICE 2020-06] Civil Monetary Penalties Annual Inflation Adjustments AGENCY:

Federal Election Commission. ACTION: Final rule. SUMMARY: As required by the Federal Civil Penalties Inflation Adjustment Act of 1990, the Federal Election Commission is adjusting for inflation the civil monetary penalties established under the Federal Election Campaign Act, the Presidential Election Campaign Fund Act, and the Presidential Primary Matching Payment Account Act. The civil monetary penalties being adjusted are those negotiated by the Commission or imposed by a court for certain statutory violations, and those imposed by the Commission for late filing of or failure to file certain reports required by the Federal Election Campaign Act.

The adjusted civil monetary penalties are calculated according to a statutory formula and the adjusted amounts will apply to penalties assessed after the effective date of these rules. DATES: The final rules are effective on August 7, 2020. FOR FURTHER INFORMATION CONTACT: Mr. Robert M. Knop, Assistant General Counsel, or Mr. Joseph P. Wenzinger, Attorney, Office of General Counsel,

(202)694-1650 or

(800)424-9530. SUPPLEMENTARY INFORMATION: The Federal Civil Penalties Inflation Adjustment Act of 1990 (the “Inflation Adjustment Act”), 1 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the “2015 Act”), 2 requires federal agencies, including the Commission, to adjust for inflation the civil monetary penalties within their jurisdiction according to prescribed formulas. A civil monetary penalty is “any penalty, fine, or other sanction” that

(1)“is for a specific monetary amount” or “has a maximum amount” under federal law; and

(2)that a federal agency assesses or enforces “pursuant to an administrative proceeding or a civil action” in federal court. 3 Under the Federal Election Campaign Act, 52 U.S.C. 30101-45 (“FECA”), the Commission may seek and assess civil monetary penalties for violations of FECA, the Presidential Election Campaign Fund Act, 26 U.S.C. 9001-13, and the Presidential Primary Matching Payment Account Act, 26 U.S.C. 9031-42. 1 Public Law 101-410, 104 Stat. 890 (codified at 28 U.S.C. 2461 note), *amended by* Debt Collection Improvement Act of 1996, Public Law 104-134, 31001(s)(1), 110 Stat. 1321, 1321-373; Federal Reports Elimination Act of 1998, Public Law 105-362, 1301, 112 Stat. 3280. 2 Public Law 114-74, 701, 129 Stat. 584, 599. 3 Inflation Adjustment Act § 3(2). The Inflation Adjustment Act requires federal agencies to adjust their civil penalties annually, and the adjustments must take effect no later than January 15 of every year. 4 Pursuant to guidance issued by the Office of Management and Budget, 5 the Commission is now adjusting its civil monetary penalties for 2020. 6 4 Inflation Adjustment Act § 4(a). 5 *See* Inflation Adjustment Act § 7(a) (requiring OMB to “issue guidance to agencies on implementing the inflation adjustments required under this Act”); *see also* Memorandum from Russell T. Vought, Acting Director, Office of Management and Budget, to Heads of Executive Departments and Agencies, M-20-05, Dec. 16, 2019, *https://www.whitehouse.gov/wp-content/uploads/2019/12/M-20-05.pdf* (“OMB Memorandum”). 6 Inflation Adjustment Act § 5. The Commission must adjust for inflation its civil monetary penalties “notwithstanding Section 553” of the Administrative Procedures Act (“APA”). 7 Thus, the APA's notice-and-comment and delayed effective date requirements in 5 U.S.C. 553(b)-(d) do not apply because Congress has specifically exempted agencies from these requirements. 8 7 Inflation Adjustment Act § 4(b)(2). 8 *See, e.g., Asiana Airlines* v. *FAA,* 134 F.3d 393, 396-99 (D.C. Cir. 1998) (finding APA “notice and comment” requirement not applicable where Congress clearly expressed intent to depart from normal APA procedures). Furthermore, because the inflation adjustments made through these final rules are required by Congress and involve no Commission discretion or policy judgments, these rules do not need to be submitted to the Speaker of the United States House of Representatives or the President of the United States Senate under the Congressional Review Act, 5 U.S.C. 801 *et seq.* Moreover, because the APA's notice-and-comment procedures do not apply to these final rules, the Commission is not required to conduct a regulatory flexibility analysis under 5 U.S.C. 603 or 604. *See* 5 U.S.C. 601(2), 604(a). Nor is the Commission required to submit these revisions for congressional review under FECA. *See* 5 U.S.C. 30111(d)(1),

(4)(providing for congressional review when Commission “prescribe[s]” a “rule of law”). The new penalty amounts will apply to civil monetary penalties that are assessed after the date the increase takes effect, even if the associated violation predated the increase. 9 9 Inflation Adjustment Act § 6. Explanation and Justification The Inflation Adjustment Act requires the Commission to annually adjust its civil monetary penalties for inflation by applying a cost-of-living-adjustment (“COLA”) ratio. 10 The COLA ratio is the percentage that the Consumer Price Index (“CPI”) 11 “for the month of October preceding the date of the adjustment” exceeds the CPI for October of the previous year. 12 To calculate the adjusted penalty, the Commission must increase the most recent civil monetary penalty amount by the COLA ratio. 13 According to the Office of Management and Budget, the COLA ratio for 2020 is 0.01764, or 1.764%; thus, to calculate the new penalties, the Commission must multiply the most recent civil monetary penalties in force by 1.01764. 14 10 The COLA ratio must be applied to the most recent civil monetary penalties. Inflation Adjustment Act, § 4(a); *see also* OMB Memorandum at 2. 11 The Inflation Adjustment Act, § 3, uses the CPI “for all-urban consumers published by the Department of Labor.” 12 Inflation Adjustment Act, § 5(b)(1). 13 Inflation Adjustment Act, § 5(a), (b)(1). 14 OMB Memorandum at 1. The Commission assesses two types of civil monetary penalties that must be adjusted for inflation. First are penalties that are either negotiated by the Commission or imposed by a court for violations of FECA, the Presidential Election Campaign Fund Act, or the Presidential Primary Matching Payment Account Act. These civil monetary penalties are set forth at 11 CFR 111.24. Second are the civil monetary penalties assessed through the Commission's Administrative Fines Program for late filing or non-filing of certain reports required by FECA. *See* 52 U.S.C. 30109(a)(4)(C) (authorizing Administrative Fines Program), 30104(a) (requiring political committee treasurers to report receipts and disbursements within certain time periods). The penalty schedules for these civil monetary penalties are set out at 11 CFR 111.43 and 111.44. 1. 11 CFR 111.24—Civil Penalties FECA establishes the civil monetary penalties for violations of FECA and the other statutes within the Commission's jurisdiction. *See* 52 U.S.C. 30109(a)(5), (6), (12). Commission regulations in 11 CFR 111.24 provide the current inflation-adjusted amount for each such civil monetary penalty. To calculate the adjusted civil monetary penalty, the Commission multiplies the most recent penalty amount by the COLA ratio and rounds that figure to the nearest dollar. The actual adjustment to each civil monetary penalty is shown in the chart below. Section Most recent civil penalty COLA New civil penalty 11 CFR 111.24(a)(1) $19,936 1.01764 20,288 11 CFR 111.24(a)(2)(i) 42,530 1.01764 43,280 11 CFR 111.24(a)(2)(ii) 69,743 1.01764 70,973 11 CFR 111.24(b) 5,964 1.01764 6,069 11 CFR 111.24(b) 14,910 1.01764 15,173 2. 11 CFR 111.43, 111.44—Administrative Fines FECA authorizes the Commission to assess civil monetary penalties for violations of the reporting requirements of 52 U.S.C. 30104(a) according to the penalty schedules “established and published by the Commission.” 52 U.S.C. 30109(a)(4)(C)(i). The Commission has established two penalty schedules: The penalty schedule in 11 CFR 111.43(a) applies to reports that are not election sensitive, and the penalty schedule in 11 CFR 111.43(b) applies to reports that are election sensitive. 15 Each penalty 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, if late-filed, its lateness. 16 In addition, 11 CFR 111.43(c) establishes a civil monetary 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 monetary penalty for failure to file timely reports of contributions received less than 20 days, but more than 48 hours, before an election. *See* 52 U.S.C. 30104(a)(6). 15 Election sensitive reports are certain reports due shortly before an election. *See* 11 CFR 111.43(d)(1). 16 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). To determine the adjusted civil monetary penalty amount for each level of activity, the Commission multiplies the most recent penalty amount by the COLA ratio and rounds that figure to the nearest dollar. The new civil monetary penalties are shown in the schedules in the rule text, below. 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 (52 U.S.C. 30109, 30107(a)) 1. The authority citation for part 111 continues to read as follows: Authority: 52 U.S.C. 30102(i), 30109, 30107(a), 30111(a)(8); 28 U.S.C. 2461 nt. § 111.24 [Amended] 2. 2. Section 111.24 is amended as follows: In the table below, for each section indicated in the left column, remove the number indicated in the middle column, and add in its place the number indicated in the right column. Section Remove Add 111.24(a)(1) $19,936 $20,288 111.24(a)(2)(i) 42,530 43,280 111.24(a)(2)(ii) 69,743 70,973 111.24(b) 5,964 6,069 111.24(b) 14,910 15,173 3. Section 111.43 is amended by revising paragraphs (a), (b), and

(c)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: Table 1 to Paragraph ( a ) 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 [$36 + ($6 × Number of days late)] × [1 + (.25 × Number of previous violations)] $347 × [1 + (.25 × Number of previous violations)]. $5,000-9,999.99 [$69 + ($6 × Number of days late)] × [1 + (.25 × Number of previous violations)] $417 × [1 + (.25 × Number of previous violations)]. $10,000-24,999.99 [$149 + ($6 × Number of days late)] × [1 + (.25 × Number of previous violations)] $696 × [1 + (.25 × Number of previous violations)]. $25,000-49,999.99 [$295 + ($28 × Number of days late)] × [1 + (.25 × Number of previous violations)] $1,252 × [1 + (.25 × Number of previous violations)]. $50,000-74,999.99 [$445 + ($112 × Number of days late)] × [1 + (.25 × Number of previous violations)] $3,994 × [1 + (.25 × Number of previous violations)]. $75,000-99,999.99 [$591 + ($149 × Number of days late)] × [1 + (.25 × Number of previous violations)] $5,176 × [1 + (.25 × Number of previous violations)]. $100,000-149,999.99 [$886 + ($185 × Number of days late)] × [1 + (.25 × Number of previous violations)] $6,656 × [1 + (.25 × Number of previous violations)]. $150,000-199,999.99 [$1,185 + ($221 × Number of days late)] × [1 + (.25 × Number of previous violations)] $8,135 × [1 + (.25 × Number of previous violations)]. $200,000-249,999.99 [$1,479 + ($258 × Number of days late)] × [1 + (.25 × Number of previous violations)] $9,613 × [1 + (.25 × Number of previous violations)]. $250,000-349,999.99 [$2,219 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $11,832 × [1 + (.25 × Number of previous violations)]. $350,000-449,999.99 [$2,959 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $13,311 × [1 + (.25 × Number of previous violations)]. $450,000-549,999.99 [$3,697 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $14,050 × [1 + (.25 × Number of previous violations)]. $550,000-649,999.99 [$4,437 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $14,791 × [1 + (.25 × Number of previous violations)]. $650,000-749,999.99 [$5,176 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $15,529 × [1 + (.25 × Number of previous violations)]. $750,000-849,999.99 [$5,916 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $16,269 × [1 + (.25 × Number of previous violations)]. $850,000-949,999.99 [$6,656 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $17,008 × [1 + (.25 × Number of previous violations)]. $950,000 or over [$7,395 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $17,748 × [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: Table 2 to Paragraph ( b ) 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 [$69 + ($13 × Number of days late)] × [1 + (.25 × Number of previous violations)] $696 × [1 + (.25 × Number of previous violations)]. $5,000-$9,999.99 [$139 + ($13 × Number of days late)] × [1 + (.25 × Number of previous violations)] $834 × [1 + (.25 × Number of previous violations)]. $10,000-24,999.99 [$209 + ($13 × Number of days late)] × [1 + (.25 × Number of previous violations)] $1,252 × [1 + (.25 × Number of previous violations)]. $25,000-49,999.99 [$445 + ($36 × Number of days late)] × [1 + (.25 × Number of previous violations)] $1,947 × [1 + (.25 × Number of previous violations)]. $50,000-74,999.99 [$666 + ($112 × Number of days late)] × [1 + (.25 × Number of previous violations)] $4,437 × [1 + (.25 × Number of previous violations)]. $75,000-99,999.99 [$886 + ($149 × Number of days late)] × [1 + (.25 × Number of previous violations)] $5,916 × [1 + (.25 × Number of previous violations)]. $100,000-149,999.99 [$1,331 + ($185 × Number of days late)] × [1 + (.25 × Number of previous violations)] $7,395 × [1 + (.25 × Number of previous violations)]. $150,000-199,999.99 [$1,775 + ($221 × Number of days late)] × [1 + (.25 × Number of previous violations)] $8,873 × [1 + (.25 × Number of previous violations)]. $200,000-249,999.99 [$2,219 + ($258 × Number of days late)] × [1 + (.25 × Number of previous violations)] $11,093 × [1 + (.25 × Number of previous violations)]. $250,000-349,999.99 [$3,328 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $13,311 × [1 + (.25 × Number of previous violations)]. $350,000-449,999.99 [$4,437 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $14,791 × [1 + (.25 × Number of previous violations)]. $450,000-549,999.99 [$5,546 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $16,269 × [1 + (.25 × Number of previous violations)]. $550,000-649,999.99 [$6,656 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $17,748 × [1 + (.25 × Number of previous violations)]. $650,000-749,999.99 [$7,765 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $19,228 × [1 + (.25 × Number of previous violations)]. $750,000-849,999.99 [$8,873 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $20,706 × [1 + (.25 × Number of previous violations)]. $850,000-949,999.99 [$9,983 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $22,184 × [1 + (.25 × Number of previous violations)]. $950,000 or over [$11,093 + ($295 × Number of days late)] × [1 + (.25 × Number of previous violations)] $23,664 × [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.

(c)If the respondent fails to file a required report and the Commission cannot calculate the level of activity under paragraph

(d)of this section, then the civil money penalty shall be $8,135. § 111.44 [Amended] 4. In § 111.44 amend paragraph (a)(1) by removing “$146” and adding, in its place, “$149”. Dated: July 20, 2020. On behalf of the Commission. Ellen L. Weintraub, Commissioner, Federal Election Commission. [FR Doc. 2020-16032 Filed 8-6-20; 8:45 am]

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