Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8131 

1Public Law 114–74, Sec. 701, 129 Stat. 584, 599. 

agricultural land easement by the 

eligible entity; 

* * * * * 

(iii) Where the amounts as identified 

in paragraphs (b)(2)(i) and (ii) of this 

section are not sufficient to meet the 

non-Federal share amount, the eligible 

entity may also include the procured 

costs paid by the eligible entity to a 

third-party for an appraisal, boundary 

survey, phase-I environmental site 

assessment, title commitment or report, 

title insurance, baseline reports, mineral 

assessments, or closing cost; and 

(iv) Where the amounts as identified 

in paragraphs (b)(2)(i) through (iii) of 

this section are not sufficient to meet 

the non-Federal share amount, the 

eligible entity may also include up to 2 

percent of the fair market value of the 

agricultural land easement for easement 

stewardship and monitoring costs 

provided by the eligible entity. 

* * * * * 

■ 8. In § 1468.25 revise paragraphs (c) 

and (d)(4) to read as follows: 

§ 1468.25 Agricultural land easement 

deeds. 

* * * * * 

(c) The eligible entity may use its own 

terms and conditions in the agricultural 

land easement deed, but the agricultural 

land easement deed must provide for 

the effective administration, 

management, and enforcement of the 

agricultural land easement by the 

eligible entity or its successors and 

assigns and must address the deed 

requirements as specified by this part 

and by NRCS in the ALE-agreement. 

(d) * * * 

(4) Include clauses requiring that any 

changes to the easement deed or 

easement area made after easement 

recordation, including any amendment 

to the easement deed, any subordination 

of the terms of the easement, or any 

modifications, exchanges, or 

terminations of some or all of the 

easement area, must be consistent with 

the purposes of the agricultural land 

easement and this part and must be 

approved by NRCS and the easement 

holder in accordance with § 1468.6 prior 

to recordation or else the action is null 

and void. 

* * * * * 

§ 1468.26 [Amended] 

■ 9. Amend § 1468.26 in paragraph 

(b)(1) by removing the words ‘‘up to’’ 

and adding ‘‘a minimum of’’ in their 

place and adding ‘‘and not to exceed 7 

fiscal years’’ after the words ‘‘5 fiscal 

years’’. 

■ 10. Amend § 1468.27 as follows: 

■ a. In paragraph (c)(1), add the words 

‘‘the purchase of the land’’ after the 

word ‘‘completed’’; 

■ b. In paragraphs (c)(3)(ii) and (c)(4), 

add the words ‘‘of the land’’ after the 

word ‘‘value’’; 

■ b. Redesignate paragraphs (e)(4)(iii) 

and (iv) as paragraphs (e)(4)(iv) and (v); 

■ c. Add a new paragraph (e)(4)(iii). 

The addition reads as follows: 

§ 1468.27 Buy-Protect-Sell transactions. 

* * * * * 

(e) * * * 

(4) * * * 

(iii) The Federal share for the 

agricultural land easement will be 

provided on a reimbursable basis only, 

after the agricultural land easement has 

closed and the required documents have 

been provided to and reviewed by 

NRCS. 

* * * * * 

■ 11. Amend § 1468.28 as follows: 

■ a. Revise paragraph (c); and 

■ b. In paragraph (f), add the words ‘‘in 

whole or in in part,’’ immediately after 

the word ‘‘terminated’’. 

The revision reads as follows: 

§ 1468.28 Violations and remedies. 

* * * * * 

(c) Notwithstanding paragraph (a) of 

this section, NRCS reserves the right to 

enter upon and inspect the easement 

area if the annual monitoring report 

provided by the agricultural land 

easement holder documenting 

compliance with the agricultural land 

easement is insufficient or is not 

provided annually, the United States 

has a reasonable and articulable belief 

that the terms and conditions of the 

easement have been violated, or to 

remedy deficiencies or easement 

violations as it relates to the 

conservation plan in accordance with 7 

CFR part 12. Prior to its inspection, 

NRCS will notify the agricultural land 

easement holder and the landowner and 

provide a reasonable opportunity for the 

agricultural land easement holder and 

the landowner to participate in the 

inspection. 

* * * * * 

Subpart C—Wetland Reserve 

Easements 

§ 1468.32 [Amended] 

■ 12. Amend § 1468.32 in paragraph 

(c)(2) by adding the words ‘‘or land 

under a CRP contract that is in 

transition to a covered farmer or rancher 

pursuant to 16 U.S.C. 3835(f), and such 

land’’ immediately after the word 

‘‘application’’. 

Terry Cosby, 

Acting Chief, Natural Resources Conservation 

Service. 

Robert Stephenson, 

Executive Vice President, Commodity Credit 

Corporation. 

[FR Doc. 2021–02268 Filed 2–3–21; 8:45 am] 

BILLING CODE 3410–16–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 250 and 385 

[Docket No. RM21–8–000; Order No. 875] 

Civil Monetary Penalty Inflation 

Adjustments 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy 

(DOE). 

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 

February 4, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Todd Hettenbach, Attorney, Office of 

Enforcement, Federal Energy Regulatory 

Commission, 888 First Street NE, 

Washington, DC 20426. Phone: (202) 

502–8794; email: Todd.Hettenbach@

ferc.gov. 

SUPPLEMENTARY INFORMATION: 

1. In this final rule, the Federal 

Energy Regulatory Commission 

(Commission) is complying with its 

statutory obligation to amend the civil 

monetary penalties provided by law for 

matters within the agency’s jurisdiction. 

I. Background 

2. The Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (2015 Adjustment Act),1

which further amended the Federal 

Civil Penalties Inflation Adjustment Act 


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8132 Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 

2Public 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 2020 adjustment on January 2, 

2020, in Docket No. RM20–2–000. See Civil 

Monetary Penalty Inflation Adjustments, Order No. 

865, 85 FR 2016 (Jan. 14, 2020), 170 FERC ¶ 61,001 

(2020). 

4 28 U.S.C. note at (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). 

9 28 U.S.C. 2461 note at (5)(b)(1). 

10See, e.g., Memorandum from Russell T. Vought, 

Office of Management and Budget, Implementation 

of the Penalty Inflation Adjustments for 2021, 

Pursuant to the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 2015 (Dec. 23, 

2020). 

11 28 U.S.C. 2461 note at (5)(a). 

12 Id. 

13 Id. at (6). 

14 Id. at (3)(b)(2). 

15 5 U.S.C. 601 et seq. 

16 5 U.S.C. 603, 604. 

17 44 U.S.C. 3507(d). 

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

II. Discussion 

3. The 2015 Adjustment Act defines a 

civil monetary penalty as any penalty, 

fine, or other sanction that: (A)(i) Is for 

a specific monetary amount as provided 

by Federal law; or (ii) has a maximum 

amount provided for by Federal law; (B) 

is assessed or enforced by an agency 

pursuant to Federal law; and (C) is 

assessed or enforced pursuant to an 

administrative proceeding or a civil 

action in the federal courts.4 This 

definition applies to the maximum civil 

penalties that may be imposed under 

the Federal Power Act (FPA),5 the 

Natural Gas Act (NGA),6 the Natural Gas 

Policy Act of 1978 (NGPA),7 and the 

Interstate Commerce Act (ICA).8

4. 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 2020 exceeded the 

CPI–U for October 2019 by 1.182%.10

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. 

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

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

8. The adjustments that the 

Commission is required to make 

pursuant to the 2015 Adjustment Act 

are reflected in the following table: 

Source Existing maximum civil monetary penalty New adjusted maximum civil monetary 

penalty 

16 U.S.C. 825o–1(b), Sec. 316A of the Federal Power 

Act.

$1,291,894 per violation, per day ............. $1,307,164 per violation, per day. 

16 U.S.C. 823b(c), Sec. 31(c) of the Federal Power Act $23,331 per violation, per day .................. $23,607 per violation, per day. 

16 U.S.C. 825n(a), Sec. 315(a) of the Federal Power 

Act.

$3,047 per violation .................................. $3,083 per violation. 

15 U.S.C. 717t–1, Sec. 22 of the Natural Gas Act .......... $1,291,894 per violation, per day ............. $1,307,164 per violation, per day. 

15 U.S.C. 3414(b)(6)(A)(i), Sec. 504(b)(6)(A)(i) of the 

Natural Gas Policy Act of 1978.

$1,291,894 per violation, per day ............. $1,307,164 per violation, per day. 

49 App. U.S.C. 6(10) (1988), Sec. 6(10) of the Interstate 

Commerce Act.

$1,352 per offense and $68 per day after 

the first day.

$1,368 per offense and $69 per day after 

the first day. 

49 App. U.S.C. 16(8) (1988), Sec. 16(8) of the Interstate 

Commerce Act.

$13,525 per violation, per day .................. $13,685 per violation, per day. 

49 App. U.S.C. 19a(k) (1988), Sec. 19a(k) of the Interstate Commerce Act.$1,352 per offense, per day ..................... $1,368 per offense, per day. 

49 App. U.S.C. 20(7)(a) (1988), Sec. 20(7)(a) of the 

Interstate Commerce Act.

$1,352 per offense, per day ..................... $1,368 per offense, per day. 

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. 

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. 

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

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). At this time, the 

Commission has suspended access to 


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Federal Register / Vol. 86, No. 22 / Thursday, February 4, 2021 / Rules and Regulations 8133 

18 5 U.S.C. 553(d)(3). 

the Commission’s Public Reference 

Room due to the President’s March 13, 

2020 proclamation declaring a National 

Emergency concerning the Novel 

Coronavirus Disease (COVID–19). 

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. 

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. 

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. Commissioner 

Clements is not participating. Commissioner 

Christie is not participating. 

Issued: January 8, 2021. 

Nathaniel J. Davis, Sr., 

Deputy 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 

■ 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. 

■ 2. Revise § 250.16(e)(1) to read as 

follows: 

§ 250.16 Format of compliance plan for 

transportation services and affiliate 

transactions. 

* * * * * 

(e) * * * 

(1) Any person who transports gas for 

others pursuant to subpart B or G of part 

284 of this chapter and who knowingly 

violates the requirements of §§ 358.4 

and 358.5 of this chapter, this section, 

or § 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 $1,307,164 for any one violation. 

* * * * * 

PART 385—RULES OF PRACTICE AND 

PROCEDURE 

■ 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). 

■ 4. Revise § 385.1504(a) to read as 

follows: 

§ 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 $23,607 

for each day that the violation 

continues. 

* * * * * 

■ 5. Revise § 385.1602 to read as 

follows: 

§ 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: $1,307,164. 

(b) 16 U.S.C. 823b(c), Federal Power 

Act: $23,607 per day. 

(c) 16 U.S.C. 825n(a), Federal Power 

Act: $3,083. 

(d) 16 U.S.C. 825o–1(b), Federal 

Power Act: $1,307,164 per day. 

(e) 15 U.S.C. 717t–1, Natural Gas Act: 

$1,307,164 per day. 

(f) 49 App. U.S.C. 6(10) (1988), 

Interstate Commerce Act: $1,368 per 

offense and $69 per day after the first 

day. 

(g) 49 App. U.S.C. 16(8) (1988), 

Interstate Commerce Act: $13,685 per 

day. 

(h) 49 App. U.S.C. 19a(k) (1988), 

Interstate Commerce Act: $1,368 per 

day. 

(i) 49 App. U.S.C. 20(7)(a) (1988), 

Interstate Commerce Act: $1,368 per 

day. 

[FR Doc. 2021–00679 Filed 2–3–21; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Part 292 

[Docket Nos. RM21–2–000 and RM20–20– 

000; Order No. 874] 

Fuel Cell Thermal Energy Output; 

Bloom Energy Corporation 

AGENCY: Federal Energy Regulatory 

Commission, Department of Energy. 

ACTION: Final rule. 

SUMMARY: In this final rule, the Federal 

Energy Regulatory Commission amends 

the definition of useful thermal energy 

output in its regulations implementing 

the Public Utility Regulatory Policies 

Act of 1978 to recognize the technical 

evolution of cogeneration. 

DATES: This rule is effective April 5, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Lawrence R. Greenfield (Legal 

Information), Office of the General 

Counsel, Federal Energy Regulatory 

Commission, 888 First Street NE, 

Washington, DC 20426, (202) 502– 

6415, lawrence.greenfield@ferc.gov 

Helen Shepherd (Technical 

Information), Office of Energy Market 

Regulation, Federal Energy Regulatory 

Commission, 888 First Street NE, 

Washington, DC 20426, (202) 502– 

6176, helen.shepherd@ferc.gov 

Thomas Dautel (Technical Information), 

Office of Energy Policy and 

Innovation, Federal Energy Regulatory 


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