Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2899 

(2) Thereafter, repeat the high sensitivity 

FPI of the outer diffuser case Tt3 boss within 

2,000 flight cycles since the last FPI. 

(3) If an indication is found during the 

inspections required by paragraphs (g)(1) or 

(2) of this AD, re-inspect or remove the outer 

diffuser case from service as follows: 

(i) For engines installed on-wing, reinspect or remove in accordance with the 

Accomplishment Instructions, Part A, 

paragraph 1.G., of PW ASB PW4G–112–A72– 

347, dated March 31, 2017. 

(ii) For assembled engines not installed onwing, re-inspect or remove in accordance 

with the Accomplishment Instructions, Part 

B, paragraph 1.C., of PW ASB PW4G–112– 

A72–347, dated March 31, 2017. 

(iii) For disassembled engines, if any 

cracks are found, remove the outer diffuser 

case from service before further flight. 

(4) Within 30 days of the effective date of 

this AD, update the mandatory inspections of 

the Airworthiness Limitations Section (ALS) 

of your Instructions for Continued 

Airworthiness to include the piece-part 

inspections of the diffuser case as defined in 

Figure 1 to paragraph (g) of this AD. 

(h) Credit for Previous Actions 

You may take credit for the high sensitivity 

FPI of the outer diffuser case Tt3 boss that 

is required by paragraph (g)(1) of this AD if 

you performed a high sensitivity FPI of the 

outer diffuser case at piece-part exposure 

before the effective date of this AD, using 

PW4000 Series (112 Inch) Engine CIR 

Manual, P/N 51A750, section 72–41–13, 

Inspection/Check-02, dated July 15, 2017. 

(i) Definition 

For the purpose of this AD, an engine is 

considered disassembled any time the ‘‘M’’ 

flange is separated. 

(j) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, ECO Branch, FAA, has 

the authority to approve AMOCs for this AD, 

if requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the manager of the ECO Branch, send it to 

the attention of the person identified in 

paragraph (k)(1) of this AD. You may email 

your request to: ANE-AD-AMOC@faa.gov. 

(2) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(k) Related Information 

(1) For more information about this AD, 

contact Jo-Ann Theriault, Aerospace 

Engineer, ECO Branch, FAA, 1200 District 

Avenue, Burlington, MA 01803; phone: 781– 

238–7105; fax: 781–238–7199; email: joann.theriault@faa.gov. 

(2) PW4000 Series (112 Inch) Engine CIR 

Manual, Part Number 51A750, Revision 

Number 74, section 72–41–13, Inspection/ 

Check-02, dated July 15, 2017, which is not 

incorporated by reference in this AD, can be 

obtained from PW, using the contact 

information in paragraph (l)(3) of this AD. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless the AD specifies otherwise. 

(i) Pratt & Whitney (PW) Alert Service 

Bulletin PW4G–112–A72–347, dated March 

31, 2017. 

(ii) Reserved. 

(3) For PW service information identified 

in this AD, contact Pratt & Whitney Division, 

400 Main St., East Hartford, CT 06118; 

phone: 800–565–0140; fax: 860–565–5442. 

(4) You may view this service information 

at FAA, Engine and Propeller Standards 

Branch, 1200 District Avenue, Burlington, 

MA. For information on the availability of 

this material at the FAA, call 781–238–7759. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Burlington, Massachusetts, on 

January 12, 2018. 

Robert J. Ganley, 

Manager, Engine and Propeller Standards 

Branch, Aircraft Certification Service. 

[FR Doc. 2018–00999 Filed 1–19–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2018–0022; Product 

Identifier 2015–NM–044–AD; Amendment 

39–19162; AD 2018–02–09] 

RIN 2120–AA64 

Airworthiness Directives; Fokker 

Services B.V. Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: We are superseding 

Airworthiness Directive (AD) 2008–06– 

20 R1, which applied to all Fokker 

Services B.V. Model F28 Mark 0070 and 

0100 airplanes, and certain Model F28 

Mark 1000, 2000, 3000, and 4000 

airplanes. AD 2008–06–20 R1 required 

revising the Airworthiness Limitations 

Section (ALS) of the Instructions for 

Continued Airworthiness for certain 

airplanes, and the maintenance or 

inspection program, as applicable, for 

certain other airplanes, to incorporate 

new limitations for fuel tank systems. 

AD 2008–06–20 R1 also clarified the 

intended effect on spare and on-airplane 

fuel tank system components, regarding 

the use of maintenance manuals and 

instructions for continued 

airworthiness. This new AD was 

prompted by revised fuel airworthiness 

limitation items (ALI) tasks, and critical 

design configuration control limitations 

(CDCCL) items, and associated 


ethrower on DSK3G9T082PROD with RULESER22JA18.001</GPH>
2900 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 

thresholds, intervals, and instructions. 

This AD requires contacting the FAA to 

obtain instructions for addressing the 

unsafe condition on these products, and 

doing the actions specified in those 

instructions. We are issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD becomes effective 

February 6, 2018. 

We must receive comments on this 

AD by March 8, 2018. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to 

http://www.regulations.gov. Follow the 

instructions for submitting comments. 

• Fax: 202–493–2251. 

• Mail: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: U.S. Department of 

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2018– 

0022; or in person at the Docket 

Operations office between 9 a.m. and 5 

p.m., Monday through Friday, except 

Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Operations office (telephone: 

800–647–5527) is in the ADDRESSES

section. Comments will be available in 

the AD docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Tom 

Rodriquez, Aerospace Engineer, 

International Section, Transport 

Standards Branch, FAA, 1601 Lind 

Avenue SW, Renton, WA 98057–3356; 

telephone: 425–227–1137; fax: 425– 

227–1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued AD 2008–06–20 R1, 

Amendment 39–16089 (74 FR 61018, 

November 23, 2009) (‘‘AD 2008–06–20 

R1’’), which applied to all Fokker 

Services B.V. Model F28 Mark 0070 and 

0100 airplanes, and certain Model F28 

Mark 1000, 2000, 3000, and 4000 

airplanes. AD 2008–06–20 R1 was 

prompted by revised fuel ALI tasks, and 

CDCCL items, and associated 

thresholds, intervals and instructions. 

AD 2008–06–20 R1 required revising the 

ALS of the Instructions for Continued 

Airworthiness for certain airplanes, and 

the FAA-approved maintenance or 

inspection program, as applicable, for 

certain other airplanes, to incorporate 

new limitations for fuel tank systems. 

AD 2008–06–20 R1 also clarified the 

AD’s intended effect on spare and onairplane fuel tank system components, 

regarding the use of maintenance 

manuals and instructions for continued 

airworthiness. We issued AD 2008–06– 

20 R1 to reduce the potential of ignition 

sources inside fuel tanks, which, in 

combination with flammable fuel 

vapors, could result in fuel tank 

explosions and consequent loss of the 

airplane. 

Since we issued AD 2008–06–20 R1, 

we have determined that revised Fuel 

ALI tasks, and CDCCL items, and 

associated thresholds, intervals and 

instructions need to be implemented. 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2015–0030, 

dated February 24, 2015 (referred to 

after this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for all Fokker Services B.V. Model F28 

Mark 1000, 2000, 3000, and 4000 

airplanes. The MCAI states: 

[Subsequent to accidents involving Fuel 

Tank System explosions in flight and on 

ground] * * *, the FAA published Special 

Federal Aviation Regulation (SFAR) 88, and 

the Joint Aviation Authorities (JAA) 

published Interim Policy INT/POL/25/12. 

The review conducted by Fokker Services on 

the Fokker F28 design in response to these 

regulations identified a number of Fuel 

Airworthiness Limitation items (ALI) and 

Critical Design Configuration Control 

Limitations (CDCCL) items to prevent the 

development of unsafe conditions within the 

fuel system. 

To introduce these Fuel ALI and CDCCL 

items, Fokker Services published Service 

Bulletin (SB) F28/28–050 and EASA issued 

AD 2006–0208, requiring the implementation 

of these Fuel ALI and CDCCL items. That 

[EASA] AD was later revised to make 

reference to SBF28–28–050R1 and to specify 

that the use of later revisions was acceptable. 

In 2014, Fokker Services issued Revision 2 

of SBF28–28–050 to update the ALI and 

CDCCL items and to consolidate Fuel ALI 

and CDCCL items contained in a number of 

other SBs. Consequently, EASA issued AD 

2014–0110, superseding [EASA] AD 2006– 

0208R1 [which corresponds to FAA AD 

2008–06–20 R1] and requiring the 

implementation of the updated Fuel ALI and 

CDCCL items. 

Since that [EASA] AD was issued, Fokker 

Services issued Revision 3 of SBF28–28–050, 

primarily to introduce 5 additional CDCCL 

items. 

You may examine the MCAI on the 

internet at http://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2018–0022. 

FAA’s Determination and Requirements 

of This AD 

This product has been approved by 

the aviation authority of another 

country, and is approved for operation 

in the United States. Pursuant to our 

bilateral agreement with the State of 

Design Authority, we have been notified 

of the unsafe condition described in the 

MCAI. We are issuing this AD because 

we evaluated all pertinent information 

and determined the unsafe condition 

exists and is likely to exist or develop 

on other products of the same type 

design. 

FAA’s Determination of the Effective 

Date 

Since there are currently no domestic 

operators of this product, we find good 

cause that notice and opportunity for 

prior public comment are unnecessary. 

In addition, for the reason(s) stated 

above, we find that good cause exists for 

making this amendment effective in less 

than 30 days. 

Comments Invited 

This AD is a final rule that involves 

requirements affecting flight safety, and 

we did not precede it by notice and 

opportunity for public comment. We 

invite you to send any written relevant 

data, views, or arguments about this AD. 

Send your comments to an address 

listed under the ADDRESSES section. 

Include ‘‘Docket No. FAA–2018–0022; 

Product Identifier 2015–NM–044–AD’’ 

at the beginning of your comments. We 

specifically invite comments on the 

overall regulatory, economic, 

environmental, and energy aspects of 

this AD. We will consider all comments 

received by the closing date and may 

amend this AD based on those 

comments. 

We will post all comments we 

receive, without change, to http://

www.regulations.gov, including any 

personal information you provide. We 

will also post a report summarizing each 

substantive verbal contact we receive 

about this AD. 

Costs of Compliance 

Currently, there are no affected U.S.- 

registered airplanes. This AD requires 

contacting the FAA to obtain 

instructions for addressing the unsafe 

condition, and doing the actions 

specified in those instructions. Based on 

the actions specified in the MCAI AD, 


ethrower on DSK3G9T082PROD with RULES
Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 2901 

we are providing the following cost estimates for an affected airplane that is 

placed on the U.S. Register in the future: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Revise the maintenance or inspection program .......... 1 work-hour × $85 per hour = $85 ............................... $0 $85 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

This AD is issued in accordance with 

authority delegated by the Executive 

Director, Aircraft Certification Service, 

as authorized by FAA Order 8000.51C. 

In accordance with that order, issuance 

of ADs is normally a function of the 

Compliance and Airworthiness 

Division, but during this transition 

period, the Executive Director has 

delegated the authority to issue ADs 

applicable to transport category 

airplanes to the Director of the System 

Oversight Division. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by 

removing airworthiness directive (AD) 

2008–06–20 R1, Amendment 39–16089 

(74 FR 61018, November 23, 2009), and 

adding the following new AD: 

2018–02–09 Fokker Services B.V.: 

Amendment 39–19162; Docket No. 

FAA–2018–0022; Product Identifier 

2015–NM–044–AD. 

(a) Effective Date 

This AD becomes effective February 6, 

2018. 

(b) Affected ADs 

This AD replaces AD 2008–06–20 R1, 

Amendment 39–16089 (74 FR 61018, 

November 23, 2009) (‘‘AD 2008–06–20 R1’’). 

(c) Applicability 

This AD applies to Fokker Services B.V. 

Model F28 Mark 1000, 2000, 3000, and 4000 

airplanes, certificated in any category, all 

manufacturer serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 28, Fuel. 

(e) Reason 

This AD was prompted by the issuance of 

revised fuel airworthiness limitation items 

(ALI) tasks, critical design configuration 

control limitations (CDCCL) items and 

associated thresholds, intervals and 

instructions. We are issuing this AD to 

reduce the potential of ignition sources 

inside fuel tanks, which, in combination with 

flammable fuel vapors, could result in fuel 

tank explosions and consequent loss of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Required Action(s) 

Within 30 days after the effective date of 

this AD, request instructions from the 

Manager, International Section, Transport 

Standards Branch, FAA, to address the 

unsafe condition specified in paragraph (e) of 

this AD; and accomplish the action(s) at the 

times specified in, and in accordance with, 

those instructions. Guidance can be found in 

Mandatory Continuing Airworthiness 

Information (MCAI) European Aviation 

Safety Agency (EASA) AD 2015–0030, dated 

February 24, 2015. 

(h) Alternative Methods of Compliance 

(AMOCs) 

The Manager, International Section, 

Transport Standards Branch, FAA, has the 

authority to approve AMOCs for this AD, if 

requested using the procedures found in 14 

CFR 39.19. In accordance with 14 CFR 39.19, 

send your request to your principal inspector 

or local Flight Standards District Office, as 

appropriate. If sending information directly 

to the International Section, send it to the 

attention of the person identified in 

paragraph (i)(2) of this AD. Information may 

be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. Before using any 

approved AMOC, notify your appropriate 

principal inspector, or lacking a principal 

inspector, the manager of the local flight 

standards district office/certificate holding 

district office. 

(i) Related Information 

(1) Refer to MCAI EASA 2015–0030, dated 

February 24, 2015, for related information. 

You may examine the MCAI on the internet 

at http://www.regulations.gov by searching 

for and locating Docket No. FAA–2018–0022. 

(2) For more information about this AD, 

contact Tom Rodriquez, Aerospace Engineer, 

International Section, Transport Standards 

Branch, FAA, 1601 Lind Avenue SW, 

Renton, WA 98057–3356; telephone: 425–227

–1137; fax: 425–227–1149. 

(j) Material Incorporated by Reference 

None. 


ethrower on DSK3G9T082PROD with RULES
2902 Federal Register / Vol. 83, No. 14 / Monday, January 22, 2018 / Rules and Regulations 

1 16 CFR 1.98. 

2Public Law 114–74, section 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). 

3 81 FR 42476 (June 30, 2016). 

4 82 FR 8135 (Jan. 24, 2017). 

5 28 U.S.C. 2461 note (4). 

6 Id. (3), (5)(b); Office of Management and Budget, 

Memorandum M–18–03, Implementation of Penalty 

Inflation Adjustments for 2018, Pursuant to the 

Federal Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015, at 4 (December 15, 

2017), available at https://www.whitehouse.gov/wpcontent/uploads/2017/11/M-18-03.pdf. 

Issued in Renton, Washington, on January 

9, 2018. 

John P. Piccola, Jr., 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2018–00950 Filed 1–19–18; 8:45 am] 

BILLING CODE 4910–13–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 1 

Adjustments to Civil Penalty Amounts 

AGENCY: Federal Trade Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Trade 

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

is implementing adjustments to the civil 

penalty amounts within its jurisdiction 

to account for inflation, as required by 

law. 

DATES: Effective date: January 22, 2018. 

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: 

Commission Rule 1.98 sets forth civil 

penalty amounts for violations of certain 

laws enforced by the Commission.1 As 

mandated by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015,2 the Commission adjusted 

the maximum civil penalty amounts 

under its jurisdiction through an Interim 

Final Rulemaking in June 2016 3 and a 

subsequent annual inflation adjustment 

in January 2017.4

Following the initial catch-up 

adjustment, the FCPIAA, as amended, 

directs agencies to adjust their civil 

penalties for inflation every January 

thereafter. Accordingly, the Commission 

is increasing these maximum civil 

penalty amounts to address inflation 

since the January 2017 adjustment. The 

following adjusted amounts will take 

effect on January 22, 2018: 

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

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

notification violations under the HartScott-Rodino Improvements Act)— 

Increase from $40,654 to $41,484; 

• 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 $21,598 to 

$22,039; 

• Section 5(l) of the FTC Act, 15 

U.S.C. 45(l) (unfair or deceptive acts or 

practices)—Increase from $40,654 to 

$41,484; 

• 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 $40,654 to $41,484; 

• 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 $40,654 to $41,484; 

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

50 (failure to file required reports)— 

Increase from $534 to $545; 

• 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 $534 to $545; 

• 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 $534 

to $545; 

• 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 $534 to $545; 

• 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 $534 to 

$545; 

• Section 333(a) of the Energy Policy 

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

(knowing violations of EPCA section 

332, including labeling violations)— 

Increase from $440 to $449; 

• Section 525(a) of the Energy Policy 

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

(recycled oil labeling violations)— 

Increase from $21,598 to $22,039; 

• Section 525(b) of the Energy Policy 

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

(willful violations of recycled oil 

labeling requirements)—Increase from 

$40,654 to $41,484; 

• Section 621(a)(2) of the Fair Credit 

Reporting Act, 15 U.S.C. 1681s(a)(2) 

(knowing violations of the Fair Credit 

Reporting Act)—Increase from $3,817 to 

$3,895; 

• Section 1115(a) of the Medicare 

Prescription Drug Improvement and 

Modernization Act of 2003, Public Law 

108–173, 21 U.S.C. 355 note (failure to 

comply with filing requirements)— 

Increase from $14,373 to $14,666; and 

• Section 814(a) of the Energy 

Independence and Security Act of 2007, 

42 U.S.C. 17304 (violations of 

prohibitions on market manipulation 

and provision of false information to 

federal agencies)—Increase from 

$1,156,953 to $1,180,566. 

Calculation of Inflation Adjustments 

The FCPIAA, as amended, directs 

federal agencies to adjust each civil 

monetary penalty under their 

jurisdiction for inflation in January of 

each year pursuant to a cost-of-living 

adjustment.5 The cost-of-living 

adjustment is based on the percent 

change between the U.S. Department of 

Labor’s Consumer Price Index for allurban consumers (‘‘CPI–U’’) for the 

month of October preceding the date of 

the adjustment, and the CPI–U for 

October of the prior year.6 Based on that 

formula, the cost-of-living adjustment 

multiplier for 2018 is 1.02041. The 

FCPIAA also directs that these penalty 

level adjustments should be rounded to 

the nearest dollar. Agencies do not have 

discretion over whether to adjust a 

maximum civil penalty, or the method 

used to determine the adjustment. 

The following chart illustrates the 

application of these adjustments to the 

civil monetary penalties under the 

Commission’s jurisdiction. 

CALCULATION OF ADJUSTMENTS TO MAXIMUM CIVIL MONETARY PENALTIES

Citation Description 

Current 

penalty 

(2017) 

Adjustment 

multiplier 

Adjusted 

penalty 

16 CFR 1.98(a): 15 U.S.C. 18a(g)(1) ............. Premerger filing notification violations ........... $40,654 1.02041 $41,484 

16 CFR 1.98(b): 15 U.S.C. 21(l) ..................... Violations of cease and desist orders ............ 21,598 1.02041 22,039 

16 CFR 1.98(c): 15 U.S.C. 45(l) ..................... Unfair or deceptive acts or practices ............. 40,654 1.02041 41,484 

16 CFR 1.98(d): 15 U.S.C. 45(m)(1)(A) ......... Unfair or deceptive acts or practices ............. 40,654 1.02041 41,484 


ethrower on DSK3G9T082PROD with RULES