Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations 42475 

provided the requirements of section 34 

are met. 

* * * * * 

2. Life of Policy, Cancellation, and 

Termination 

* * * * * 

(f) * * * 

(2) * * * 

(iii) Once the policy is terminated, it 

cannot be reinstated for the current crop 

year unless: 

(A) The termination was in error; 

(B) The Administrator of the Risk 

Management Agency, at his or her sole 

discretion, determines that the 

following are met: 

(1) In accordance with 7 CFR part 400, 

subpart U, and FCIC issued procedures, 

you provide documentation that your 

failure to pay your debt is due to an 

unforeseen or unavoidable event or an 

extraordinary weather event that created 

an impossible situation for you to make 

timely payment; 

(2) You remit full payment of the 

delinquent debt owed to us or FCIC 

with your request submitted in 

accordance with section 2(f)(2)(iii)(B)(3); 

and 

(3) You submit a written request for 

reinstatement of your policy to us no 

later than 60 days after the termination 

date or the missed payment date of a 

previously executed written payment 

agreement, or in the case of overpaid 

indemnity or any amount that became 

due after the termination date, the due 

date specified in the notice to you of the 

amount due, if applicable. 

(i) If authorization for reinstatement, 

as defined in 7 CFR part 400, subpart U, 

is granted, your policies will be 

reinstated effective at the beginning of 

the crop year for which you were 

determined ineligible, and you will be 

entitled to all applicable benefits under 

such policies, provided you meet all 

eligibility requirements and comply 

with the terms of the policy; and 

(ii) There is no evidence of fraud or 

misrepresentation; or 

(C) We determine that, in accordance 

with 7 CFR part 400, subpart U, and 

FCIC issued procedures, the following 

are met: 

(1) You can demonstrate: 

(i) You made timely payment for the 

amount of premium owed but you 

inadvertently omitted some small 

amount, such as the most recent 

month’s interest or a small 

administrative fee; 

(ii) The amount of the payment was 

clearly transposed from the amount that 

was otherwise due (For example, you 

owed $892 but you paid $829); or 

(iii) You timely made the full payment 

of the amount owed but the delivery of 

that payment was delayed, and was 

postmarked no more than seven 

calendar days after the termination date 

or the missed payment date of a 

previously executed written payment 

agreement, or in the case of overpaid 

indemnity or any amount that became 

due after the termination date, the due 

date specified in a notice to you of an 

amount due, as applicable. 

(2) You remit full payment of the 

delinquent debt owed to us; and 

(3) You submit a written request for 

reinstatement of your policy to us in 

accordance with 7 CFR part 400, subpart 

U, and applicable procedures no later 

than 30 days after the termination date 

or the missed payment date of a 

previously executed written payment 

agreement, or in the case of overpaid 

indemnity or any amount that became 

due after the termination date, the due 

date specified in the notice to you of the 

amount due, if applicable; and 

(4) If authorization for reinstatement, 

as defined in 7 CFR part 400, subpart U, 

is granted, your policies will be 

reinstated effective at the beginning of 

the crop year for which you were 

determined ineligible, and you will be 

entitled to all applicable benefits under 

such policies, provided you meet all 

eligibility requirements and comply 

with the terms of the policy; and 

(5) There is no evidence of fraud or 

misrepresentation. 

(iv) A determination made under: 

(A) Section 2(f)(2)(iii)(B) may only be 

appealed to the National Appeals 

Division in accordance with 7 CFR part 

11; and 

(B) Section 2(f)(2)(iii)(C) may only be 

appealed in accordance with section 20. 

* * * * * 

7. Annual Premium and 

Administrative Fees 

* * * * * 

(h) * * * 

(2) * * * 

(i) Notwithstanding section 7(h)(2), if 

you demonstrate you began farming for 

the first time after June 1 but prior to the 

beginning of the reinsurance year (July 

1), you may be eligible for premium 

subsidy the subsequent reinsurance year 

without having form AD–1026 on file 

with FSA on or before June 1. For 

example, if you demonstrate you started 

farming for the first time on June 15, 

2015, you may be eligible for premium 

subsidy for the 2016 reinsurance year 

without form AD–1026 on file with 

FSA. 

* * * * * 

34. Units 

(a) * * * 

(5) * * * 

(i) * * * 

(A) * * * 

(3) At the same coverage level (e.g., if 

you elect to insure your corn and canola 

at the 65 percent coverage level and 

your soybeans at the 75 percent 

coverage level, the corn, soybeans and 

canola would be assigned the unit 

structure in accordance with section 

34(a)(5)(v)) unless you can elect separate 

coverage levels for all irrigated and all 

non-irrigated crops in accordance with 

section 3(b)(2)(iii) (e.g. if you elect to 

insure your irrigated corn at the 65 

percent coverage level you must insure 

your irrigated canola at the 65 percent 

coverage level. If you elect to insure 

your non-irrigated corn at the 70 percent 

coverage level you must insure your 

non-irrigated canola at the 70 percent 

coverage level. If you elect to insure 

your irrigated corn at the 65 percent 

coverage level and your irrigated canola 

at the 70 percent coverage level your 

unit structure will be assigned in 

accordance with section 34(a)(5)(v)); 

* * * * * 

Signed in Washington, DC, on June 23, 

2016. 

Brandon C. Willis, 

Manager, Federal Crop Insurance 

Corporation. 

[FR Doc. 2016–15327 Filed 6–29–16; 8:45 am] 

BILLING CODE 3410–08–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA 2015 7491; Directorate 

Identifier 2015–NE–39–AD; Amendment 39– 

18569; AD 2016–13–05] 

RIN 2120–AA64 

Airworthiness Directives; General 

Electric Company Turbofan Engines 

Correction 

In rule document 2016–14474, 

beginning on page 41208 in the issue of 

Friday, June 24, 2016, make the 

following correction: 

§ 39.13 [Corrected] 

On page 41210, in the table titled 

‘‘Table 1 to Paragraph (e)—HPC Stage 

8–10 Spool S/Ns’’, the first row of the 

table should appear as follows: 


srobinson on DSK5SPTVN1PROD with RULES
42476 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations 

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

(2015). The Act amends the Federal Civil Penalties 

Inflation Adjustment Act (‘‘FCPIAA’’), Public Law 

101–410, 104 Stat. 890 (codified at 28 U.S.C. 2461 

note). 

2 16 CFR 1.98. 

3 15 U.S.C. 45(m)(1)(C). This standard applies to 

penalties for violations of Commission rules 

addressing unfair or deceptive practices issued 

under section 18 of the FTC Act, and to violations 

of other statutes that provide for civil penalties by 

reference to section 18. 

4United States v. Reader’s Digest Ass’n, 662 F.2d 

955, 967 (3d Cir. 1981). 

5 62 FR 16809 (Apr. 8, 1997), https://

www.gpo.gov/fdsys/pkg/FR-1997-04-08/pdf/97- 

8941.pdf. 

1844M90G01 ...................................................................... GWN005MF GWNBK753 GWNBS077 GWNBS497 GWNBS724 

GWN005MG GWNBK754 GWNBS078 GWNBS499 GWNBS794 

GWN0087M GWNBK841 GWNBS079 GWNBS500 GWNBS810 

GWN0087N GWNBK842 GWNBS080 GWNBS501 GWNBS811 

GWN00DGK GWNBK843 GWNBS081 GWNBS502 GWNBS812 

GWN00DGL GWNBK844 GWNBS157 GWNBS609 GWNBS813 

GWNBJ992 GWNBK952 GWNBS158 GWNBS610 GWNBS814 

GWNBK667 GWNBK953 GWNBS159 GWNBS611 GWNBS910 

GWNBK674 GWNBK954 GWNBS160 GWNBS612 GWNBS911 

GWNBK675 GWNBK955 GWNBS266 GWNBS613 GWNBS912 

GWNBK743 GWNBK956 GWNBS267 GWNBS614 GWNBS914 

GWNBK744 GWNBK957 GWNBS268 GWNBS721 GWNBS915 

GWNBK751 GWNBK958 GWNBS269 GWNBS722 GWNBS982 

GWNBK752 GWNBK959 GWNBS270 GWNBS723 GWNBS983 

[FR Doc. C1–2016–14474 Filed 6–29–16; 8:45 am] 

BILLING CODE 1505–01–D 

FEDERAL TRADE COMMISSION 

16 CFR Part 1 

Adjustment of Civil Monetary Penalty 

Amounts 

AGENCY: Federal Trade Commission. 

ACTION: Interim final rule. 

SUMMARY: Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act, as 

amended, the Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

is increasing the maximum civil penalty 

amounts within its jurisdiction, as 

required by the Federal Civil Penalty 

Inflation Adjustment Act Improvements 

Act of 2015. 

DATES: The interim final rule is effective 

August 1, 2016. 

FOR FURTHER INFORMATION CONTACT: 

Kenny A. Wright, Attorney, Office of the 

General Counsel, FTC, 600 

Pennsylvania Avenue NW., Washington, 

DC 20580, (202) 326–2907, kwright@

ftc.gov. 

SUPPLEMENTARY INFORMATION: The 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (‘‘Adjustment Improvements Act’’ 

or ‘‘Act’’) 1 requires federal agencies to 

implement a ‘‘catch-up adjustment’’ in 

2016 to address inflation since the civil 

penalties within their jurisdiction were 

last set or adjusted by statute. The law 

mandates that agencies perform this 

adjustment through an interim final 

rulemaking and it sets forth a specific 

methodology to calculate the 

adjustment. Following this initial catchup adjustment, the Adjustment 

Improvements Act directs agencies to 

adjust their civil penalties for inflation 

every January thereafter. 

Commission Rule 1.98 sets forth the 

maximum civil penalty amounts for 

violations of laws enforced by the 

Commission that authorize civil 

penalties.2 These amounts reflect earlier 

adjustments under the Federal Civil 

Penalties Inflation Adjustment Act 

which mandated a different 

methodology than the Adjustment 

Improvements Act. 

When the Commission seeks civil 

penalties, it is mindful of the statutory 

criteria courts must apply when 

determining the amount of the civil 

penalty: ‘‘the degree of culpability, any 

history of prior such conduct, ability to 

pay, effect on ability to continue to do 

business, and such other matters as 

justice may require.’’ 3 Courts 

determining penalty amounts for 

violations of a final order under the FTC 

Act have similarly applied a multifactor test that looks at the good or bad 

faith of the respondent; the injury to the 

public; the respondent’s ability to pay; 

the desire to eliminate the benefits 

derived from the violations; and the 

necessity of vindicating the 

Commission’s authority.4 The 

Commission also has a civil penalty 

leniency program for small businesses 

that establishes criteria the Commission 

will consider when determining the 

propriety of a penalty waiver or 

reduction for small businesses that are 

not in compliance with the law.5

As required by the Act, the following 

adjusted amounts will take effect on 

August 1, 2016: 

• Section 7A(g)(1) of the Clayton Act, 

15 U.S.C. 18a(g)(1) (premerger filing 

notification violations under the HartScott-Rodino (HSR) Improvements 

Act)—Increase from $16,000 to $40,000; 

• Section 11(l) of the Clayton Act, 15 

U.S.C. 21(l) (violations of cease and 

desist orders issued under Clayton Act 

section 11(b))—Increase from $8,500 to 

$21,250; 

• Section 5(l) of the FTC Act, 15 

U.S.C. 45(l) (violations of final 

Commission orders issued under section 

5(b) of the FTC Act)—Increase from 

$16,000 to $40,000; 

• Section 5(m)(1)(A) of the FTC Act, 

15 U.S.C. 45(m)(1)(A) (unfair or 

deceptive acts or practices)—Increase 

from $16,000 to $40,000; 

• Section 5(m)(1)(B) of the FTC Act, 

15 U.S.C. 45(m)(1)(B) (unfair or 

deceptive acts or practices)—Increase 

from $16,000 to $40,000; 

• Section 10 of the FTC Act, 15 U.S.C. 

50 (failure to file required reports)— 

Increase from $210 to $525; 

• Section 5 of the Webb-Pomerene 

(Export Trade) Act, 15 U.S.C. 65 (failure 

by associations engaged solely in export 

trade to file required statements)— 

Increase from $210 to $525; 

• Section 6(b) of the Wool Products 

Labeling Act, 15 U.S.C. 68d(b) (failure 

by wool manufacturers to maintain 

required records)—Increase from $210 

to $525; 

• Section 3(e) of the Fur Products 

Labeling Act, 15 U.S.C. 69a(e)(failure to 

maintain required records regarding fur 

products)—Increase from $210 to $525; 

• Section 8(d)(2) of the Fur Products 

Labeling Act, 15 U.S.C. 69f(d)(2) (failure 

to maintain required records regarding 

fur products)—Increase from $210 to 

$525; 

• Section 333(a) of the Energy Policy 

and Conservation Act, 42 U.S.C. 6303(a) 

(knowing violations of EPCA § 332, 

including labeling violations)—Increase 

from $210 to $433; 

• Section 525(a) of the Energy Policy 

and Conservation Act, 42 U.S.C. 6395(a) 

(recycled oil labeling violations)— 

Increase from $8,500 to $21,250; 


srobinson on DSK5SPTVN1PROD with RULES