Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2025-01-24.xml --- 90 15 Friday, January 24, 2025 Contents Agriculture Agriculture Department See Food and Nutrition Service Antitrust Division Antitrust Division NOTICES Changes under the National Cooperative Research and Production Act: Clean Highly Efficient Decarbonized Engines, 8152-8153 2025-01714 Consortium for Rare Earth Technologies, 8153 2025-01701 Defense Electronics Consortium, 8145-8146 2025-01700 Defense Industrial Based Consortium, 8146-8152 2025-01712 Information Warfare Research Project Consortium, 8144-8145 2025-01717 National Fire Protection Association, 8152 2025-01694 Odva, Inc., 8143 2025-01716 Pistoia Alliance, Inc., 8152 2025-01695 Southwest Research Institute—Cooperative Research Group on Numerical Propulsion System Simulation, 8144 2025-01713 The Institute of Electrical and Electronics Engineers, Inc., 8145 2025-01702 TM Forum, 8143-8144 2025-01698 Undersea Technology Innovation Consortium, 8153 2025-01704 Utility Broadband Alliance, Inc., 8146 2025-01703 Board Civil Rights Cold Case Records Review Board NOTICES Formal Determination on Records Release, 8115 2025-01696 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.:

District of Columbia Advisory Committee, 8115 2025-01667 Commerce Commerce Department See International Trade Administration 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, 8123-8124 2025-01684 2025-01687 Commodity Futures Commodity Futures Trading Commission RULES Civil Monetary Penalty Inflation Adjustment, 8111-8113 2025-01724 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances;

Application, Registration, etc.: Noramco, 8153-8154 2025-01710 Veranova, LP, 8158-8159 2025-01711 VHG Labs dba LGC Standards, 8154-8158 2025-01707 Federal Financial Federal Financial Institutions Examination Council NOTICES Hearings, Meetings, Proceedings, etc.: Appraisal Subcommittee, 8124 2025-01706 Federal Maritime Federal Maritime Commission NOTICES Complaint: China United Lines, Ltd., Complainant v. Amazon.com Services LLC, Amazon Logistics Inc., and Beijing Century Joyo Courier Service Co., Ltd., Respondents, 8124 2025-01681 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:

Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 8132-8133 2025-01697 Privacy Act; Systems of Records, 8124-8132 2025-01682 2025-01685 2025-01686 Federal Trade Federal Trade Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8133-8138 2025-01657 Food and Nutrition Food and Nutrition Service PROPOSED RULES Supplemental Nutrition Assistance Program Quality Control Review Handbook Incorporation by Reference, 8114 C1-2024-30578 Homeland Homeland Security Department NOTICES Designating Aliens for Expedited Removal, 8139-8140 2025-01720 Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 8169-8170 2025-01673 Agency Information Collection Activities; Proposals, Submissions, and Approvals: Regulation Project, 8168-8169 2025-01659 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Frozen Fish Fillets from the Socialist Republic of Vietnam, 8120 2025-01654 Certain Softwood Lumber Products from Canada, 8115-8116 2025-01690 Certain Softwood Lumber Products from Canada;

Correction, 8119-8121 2025-01688 2025-01689 Lemon Juice from Argentina, 8116-8119 2025-01678 Wooden Cabinets and Vanities and Components Thereof from the People's Republic of China, 8120-8121 2025-01680 International Trade Com International Trade Commission NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Paper Plates from China, Thailand, and Vietnam, 8142 2025-01646 Investigations; Determinations, Modifications, and Rulings, etc.: Certain Glass Substrates for Liquid Crystal Displays, Products Containing the Same, and Methods for Manufacturing the Same, 8140-8141 2025-01645 Quartz Surface Products from China, 8140 2025-01632 Strontium Chromate from Austria and France, 8141-8142 2025-01651 Judicial Conference Judicial Conference of the United States NOTICES Hearings, Meetings, Proceedings, etc.:

Advisory Committee on Appellate Rules, 8143 2025-01709 Advisory Committee on Bankruptcy Rules, 8143 2025-01705 Advisory Committee on Civil Rules, 8142 2025-01708 Justice Department Justice Department See Antitrust Division See Drug Enforcement Administration NOTICES Proposed Consent Decree, 8159 2025-01668 Proposed Consent Decree: Clean Air Act, 8160 2025-01652 Comprehensive Environmental Response, Compensation, and Liability Act, 8159-8160 2025-01650 Labor Department Labor Department See Mine Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Ventilation Plans, Tests, and Examinations in Underground Coal Mines, 8160-8161 2025-01523 Mine Mine Safety and Health Administration NOTICES Petition: Modification of Application of Existing Mandatory Safety Standards, 8161-8162 2025-01648 National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Economic Surveys of Specific U.S. Commercial Fisheries, 8121-8122 2025-01718 U.S.

Caribbean Commercial Fishermen Census, 8122-8123 2025-01670 National Science National Science Foundation NOTICES Proposed Intellectual Property Options, 8162-8164 2025-01683 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Meetings; Sunshine Act, 8164 2025-01747 Postal Service Postal Service NOTICES Meetings; Sunshine Act, 8165 2025-01748 Product Change: Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 8165 2025-01638 2025-01639 Priority Mail Express, Priority Mail, and USPS Ground Advantage Negotiated Service Agreement, 8164-8165 2025-01640 2025-01641 2025-01642 Presidential Documents Presidential Documents EXECUTIVE ORDERS Executive Orders:

Revocations, Amendments, etc. EO 13961; Partial Revocation (EO 14146), 8109-8110 2025-01759 Helping Left-Behind Communities Make a Comeback (EO 14145), 8105-8107 2025-01758 Railroad Retirement Railroad Retirement Board NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8165-8168 2025-01643 2025-01647 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 8168 2025-01679 Disaster Declaration:

California; Public Assistance Only, 8168 2025-01715 Treasury Treasury Department See Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: U.S. Employment Tax Returns and Related Forms, 8170-8171 2025-01692 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. 90 15 Friday, January 24, 2025 Rules and Regulations COMMODITY FUTURES TRADING COMMISSION 17 CFR Part 143 RIN 3038-AF41 Annual Adjustment of Civil Monetary Penalties To Reflect Inflation—2025 AGENCY:

Commodity Futures Trading Commission. ACTION: Final rule. SUMMARY: The Commodity Futures Trading Commission (Commission) is amending its rule that governs the maximum amount of civil monetary penalties imposed under the Commodity Exchange Act (CEA), to adjust for inflation. This rule sets forth the maximum, inflation-adjusted dollar amount for civil monetary penalties

(CMPs)assessable for violations of the CEA and Commission rules, regulations and orders thereunder. The rule, as amended, implements the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended. DATES: This rule is effective on January 24, 2025 and is applicable to penalties assessed after January 15, 2025. FOR FURTHER INFORMATION CONTACT: Edward J. Riccobene, Associate Chief Counsel, Division of Enforcement, at

(202)418-5327 or *ericcobene@cftc.gov,* Commodity Futures Trading Commission, 1155 21st Street NW, Washington, DC 20581. SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA) 1 requires the head of each Federal agency to periodically adjust for inflation the minimum and maximum amount of CMPs provided by law within the jurisdiction of that agency. 2 A 2015 amendment to the FCPIAA 3 required agencies to make an initial “catch-up” adjustment to its civil monetary penalties effective no later than August 1, 2016. 4 For every year thereafter effective not later than January 15th, the FCPIAA, as amended, requires agencies to make annual adjustments for inflation, with guidance from the Director of the Office of Management and Budget. 5 1 The FCPIAA, Public Law 101-410 (1990), as amended, is codified at 28 U.S.C. 2461 note. The FCPIAA states the purpose of the FCPIAA is to establish a mechanism that shall

(1)allow for regular adjustment for inflation of civil monetary penalties;

(2)maintain the deterrent effect of civil monetary penalties and promote compliance with the law; and

(3)improve the collection by the Federal Government of civil monetary penalties. 2 For the relevant CMPs within the Commission's jurisdiction, the Act provides only for maximum amounts that can be assessed for each violation of the Act or the rules, regulations and orders promulgated thereunder; the Act does not set forth any minimum penalties. Therefore, the remainder of this release will refer only to CMP maximums. 3 Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, 129 Stat. 584

(2015)(2015 Act), title VII, Section 701. 4 FCPIAA Sections 4 and 5. See also, Adjustment of Civil Monetary Penalties for Inflation, 81 FR 41435 (June 27, 2016). 5 FCPIAA Sections 4 and 5. See also, Executive Office of the President, Office of Management and Budget Memorandum, M-25-02, Implementation of Penalty Inflation Adjustments for 2025 (Dec. 17, 2024) (2024 OMB Guidance) ( *https://www.whitehouse.gov/wp-content/uploads/2024/12/M-25-02.pdf* ). II. Commodity Exchange Act Civil Monetary Penalties The following sections of the CEA provide for CMPs that meet the FCPIAA definition 6 and these CMPs are, therefore, subject to the inflation adjustment: Sections 6(c), 6(d), 6b, and 6c of the CEA. 7 6 FCPIAA Section 3(2). 7 7 U.S.C. 9, 13a, 13a-1, 13b. Criminal authorities may also seek fines for criminal violations of the CEA (see 7 U.S.C. 13, 13(c), 13(d), 13(e), and 13b). The FCPIA does not affect the amounts of these criminal penalties. III. Annual Inflation Adjustment for Commodity Exchange Act Civil Monetary Penalties A. Methodology The FCPIAA annual inflation adjustment, in the context of the CFTC's CMPs, is determined by increasing the maximum penalty by a “cost-of-living adjustment”, rounded to the nearest multiple of one dollar. 8 Annual inflation adjustments are based on the percent change between the October Consumer Price Index for all Urban Consumers (CPI-U) preceding the date of the adjustment, and the prior year's October CPI-U. 9 In this case, the October 2024 CPI-U (315.664)/October 2023 CPI-U (307.671) = 1.02598. 10 In order to complete the 2025 annual adjustment, the CFTC must multiply each of its most recent CMP amounts by the multiplier, 1.02598, and round to the nearest dollar. 11 8 FCPIAA Sections 4 and 5. 9 FCPIAA Section 5(b)(1). 10 The CPI-U is published by the Department of Labor. Interested parties may find the relevant Consumer Price Index on the internet. To access this information, go to the Consumer Price Index Home Page at: *http://www.bls.gov/cpi/.* Click the heading “CPI Data” then the subheading “Databases”, and select “All Urban Consumers (Current Series)”, “Top Picks.” Then check the box for “U.S. city average, All items—CUUR0000SA0”, and click the “Retrieve data” button. 11 FCPIAA Section 5(a). See also, 2024 OMB Guidance at 1. B. Civil Monetary Penalty Adjustments Applying the FCPIAA annual inflation adjustment methodology results in the following amended CMPs: Violations occurring on or after 11/02/2015 U.S. Code citation Civil monetary penalty description Penalty amount in 2024 final rule 12 CPI-U multiplier New adjusted penalty amount Civil Monetary Penalty Imposed by the Commission in an Administrative Action 7 U.S.C. 9 (Section 6(c) of the Commodity Exchange Act) For any person other than a registered entity 1 Other Than Manipulation or Attempted Manipulation $201,021 1.02598 $206,244 For any person other than a registered entity 1 Manipulation or Attempted Manipulation 1,450,040 1.02598 1,487,712 7 U.S.C. 13a (Section 6b of the Commodity Exchange Act) For a registered entity 1 or any of its directors, officers or employees Other Than Manipulation or Attempted Manipulation 1,107,332 1.02598 1,136,100 For a registered entity 1 or any of its directors, officers or employees Manipulation or Attempted Manipulation 1,450,040 1.02598 1,487,712 Civil Monetary Penalty Imposed by a Federal District Court in a Civil Injunctive Action 7 U.S.C. 13a-1 (Section 6c of the Commodity Exchange Act) Any Person Other Than Manipulation or Attempted Manipulation 221,466 1.02598 227,220 Any Person Manipulation or Attempted Manipulation 1,450,040 1.02598 1,487,712 1 The term “Registered Entity” is defined in 7 U.S.C. 1a (Section 1a of the Commodity Exchange Act). The FCPIAA provides that any increase under the FCPIAA in a civil monetary penalty shall apply only to civil monetary penalties, including those whose associated violation predated such increase, which are assessed after the date the increase takes effect.” 13 Thus, the new CMP amounts established by this rulemaking shall apply to penalties assessed after January 15, 2025, for violations that occurred on or after November 2, 2015, the effective date of the FCPIAA amendment requiring annual adjustments, the 2015 Act. 12 Annual Adjustment of Civil Monetary Penalties to Reflect Inflation—2024, 89 FR 4542 (Jan. 24, 2024); *https://www.cftc.gov/sites/default/files/2024/01/2024-01341a.pdf.* 13 FCPIAA Section 6. IV. Administrative Compliance A. Notice Requirement The FCPIAA specifically exempted from the Administrative Procedure Act

(APA)the rulemakings required to implement annual inflation adjustments. 14 “This means that the notice and comment process the APA generally requires— *i.e.,* notice, an opportunity for comment, and a delay in effective date—is not required for agencies to issue regulations implementing the annual adjustment.” 15 The Commission further notes that the notice and comment procedures of the APA do not apply to this rulemaking because the Commission is acting herein pursuant to statutory language that mandates that the Commission act in a nondiscretionary matter. 16 14 FCPIAA Section 4(b)(2). 15 2024 OMB Guidance at 4. 16 *Lake Carriers' Ass'n* v. *E.P.A.,* 652 F.3d 1, 10 (D.C. Cir. 2011). B. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)17 requires agencies with rulemaking authority to consider the impact of certain of their rules on small businesses. In relevant part, the RFA requires a regulatory flexibility analysis for rules for which the agency publishes a general notice of proposed rulemaking pursuant to section 553(b) or any other law. 18 Because, as discussed above, the Commission is not obligated by section 553(b) or any other law to publish a general notice of proposed rulemaking with respect to the revisions being made to Rule 143.8, the Commission additionally is not obligated to conduct a regulatory flexibility analysis. 17 5 U.S.C. 601-612. 18 5 U.S.C. 601(2), 603(a). C. Paperwork Reduction Act The Paperwork Reduction Act of 1995 (PRA), 19 which imposes certain requirements on Federal agencies, including the Commission, in connection with their conducting or sponsoring any collection of information as defined by the PRA, does not apply to this rule. This rule amendment does not contain information collection requirements that require the approval of the Office of Management and Budget. 19 44 U.S.C. 3507(d). D. Consideration of Costs and Benefits Section 15(a) of the CEA 20 requires the Commission to consider the costs and benefits of its action before issuing a new regulation. Section 15(a) of the CEA further specifies that costs and benefits shall be evaluated in light of five broad areas of market and public concern:

(1)protection of market participants and the public;

(2)efficiency, competitiveness, and financial integrity of futures markets;

(3)price discovery;

(4)sound risk management practices; and

(5)other public interest considerations. 20 7 U.S.C. 19(a). The Commission believes that benefits of this rulemaking greatly outweigh the costs, if any. As the Commission understands, the statutory provisions by which it is making cost-of-living adjustments to the CMPs in Rule 143.8 were enacted to ensure that CMPs do not lose their deterrence value because of inflation. An analysis of the costs and benefits of these adjustments were made before enactment of the statutory provisions under which the Commission is operating, and limit the discretion of the Commission to the extent that there are no regulatory choices the Commission could make that would supersede the pre-enactment analysis with respect to the five factors enumerated in Section 15(a) of the CEA, or any other factors. List of Subjects in 17 CFR Part 143 Claims, Penalties. For the reasons set forth in the preamble, the Commission amends part 143 of chapter I of title 17 of the Code of Federal Regulations as follows: PART 143—COLLECTION OF CLAIMS OWED THE UNITED STATES ARISING FROM ACTIVITIES UNDER THE COMMISSION'S JURISDICTION 1. The authority citation for part 143 continues to read as follows: Authority: 7 U.S.C. 9, 9a, 12a(5), 13a, 13a-1(d), 13(a), 13b; 31 U.S.C. 3701-3720E; 28 U.S.C. 2461 note. 2. Amend § 143.8 by revising paragraph

(b)to read as follows: § 143.8 Inflation-adjusted civil monetary penalties.

(b)*2025 Inflation adjustment.* The maximum amount of each civil monetary penalty in the following charts applies to penalties assessed after January 15, 2025:

(1)For violations other than manipulation or attempted manipulation: Table 1 to Paragraph ( b )(1) U.S. Code citation Civil monetary penalty description Date of violation and corresponding penalty 10/23/2004 through 10/22/2008 10/23/2008 through 10/22/2012 10/23/2012 through 11/01/2015 11/02/2015 to present Civil Monetary Penalty Imposed by the Commission in an Administrative Action 7 U.S.C. 9 (Section 6(c) of the Commodity Exchange Act) For any person other than a registered entity 1 $130,000 $140,000 $140,000 $206,244 7 U.S.C. 13a (Section 6b of the Commodity Exchange Act) For a registered entity 1 or any of its directors, officers or employees 625,000 675,000 700,000 1,136,100 Civil Monetary Penalty Imposed by a Federal District Court in a Civil Injunctive Action 7 U.S.C. 13a-1 (Section 6c of the Commodity Exchange Act) Any Person 130,000 140,000 140,000 227,220 1 The term “Registered Entity” is defined in 7 U.S.C. 1a (Section 1a of the Commodity Exchange Act).

(2)For manipulation or attempted manipulation violations: Table 2 to Paragraph ( b )(2) U.S. Code citation Civil monetary penalty description Date of violation and corresponding penalty 10/23/2004 through 05/21/2008 05/22/2008 through 08/14/2011 08/15/2011 through 11/01/2015 11/02/2015 to present Civil Monetary Penalty Imposed by the Commission in an Administrative Action 7 U.S.C. 9 (Section 6(c) of the Commodity Exchange Act) For any person other than a registered entity 1 $130,000 $1,000,000 $1,025,000 $1,487,712 7 U.S.C. 13a (Section 6b of the Commodity Exchange Act) For a registered entity 1 or any of its directors, officers or employees 625,000 1,000,000 1,025,000 1,487,712 Civil Monetary Penalty Imposed by a Federal District Court in a Civil Injunctive Action 7 U.S.C. 13a-1 (Section 6c of the Commodity Exchange Act) Any Person 130,000 1,000,000 1,025,000 1,487,712 1 The term “Registered Entity” is defined in 7 U.S.C. 1a (Section 1a of the Commodity Exchange Act). Issued in Washington, DC, on January 21, 2025, by the Commission. Robert Sidman, Deputy Secretary of the Commission. Note: The following appendix will not appear in the Code of Federal Regulations. Appendix to Annual Adjustment of Civil Monetary Penalties To Reflect Inflation—2025—Commission Voting Summary On this matter, Chairman Behnam and Commissioners Johnson, Goldsmith Romero, Mersinger, and Pham voted in the affirmative. No Commissioner voted in the negative. [FR Doc. 2025-01724 Filed 1-23-25; 8:45 am]

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