2930 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

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

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 2024 adjustment on January 5, 

2024, in Docket No. RM24–3–000. See Civil 

Monetary Penalty Inflation Adjustments, Order No. 

903, 89 FR 1806 (Jan. 11, 2024), 186 FERC ¶ 61,017 

(2024). 

4 28 U.S.C. 2461 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 Shalanda D. 

Young, Office of Management and Budget, 

Implementation of the Penalty Inflation 

Adjustments for 2025, Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act Improvements 

Act of 2015 (Dec. 17, 2024). 

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

12 Id. 

13 Id. at (6). 

labeled as Required for Compliance (RC), the 

provisions of paragraphs (j)(3)(i) and (ii) of 

this AD apply. 

(i) The steps labeled as RC, including 

substeps under an RC step and any figures 

identified in an RC step, must be done to 

comply with the AD. If a step or substep is 

labeled ‘‘RC Exempt,’’ then the RC 

requirement is removed from that step or 

substep. An AMOC is required for any 

deviations to RC steps, including substeps 

and identified figures. 

(ii) Steps not labeled as RC may be 

deviated from using accepted methods in 

accordance with the operator’s maintenance 

or inspection program without obtaining 

approval of an AMOC, provided the RC steps, 

including substeps and identified figures, can 

still be done as specified, and the airplane 

can be put back in an airworthy condition. 

(k) Additional Information 

For more information about this AD, 

contact Krista Greer, Aviation Safety 

Engineer, FAA, 2200 South 216th Street, Des 

Moines, WA 98198; phone: 206–231–3221; 

email: krista.greer@faa.gov. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the material listed in this paragraph 

under 5 U.S.C. 552(a) and 1 CFR part 51. 

(2) You must use this material as 

applicable to do the actions required by this 

AD, unless this AD specifies otherwise. 

(i) Ageˆncia Nacional de Aviac ̧a ̃o Civil 

(ANAC) AD 2023–05–02R1, effective June 17, 

2024. 

(ii) [Reserved] 

(3) For ANAC material identified in this 

AD, contact ANAC, Aeronautical Products 

Certification Branch (GGCP), Rua Dr. Orlando 

Feirabend Filho, 230—Centro Empresarial 

Aquarius—Torre B—Andares 14 a 18, Parque 

Residencial Aquarius, CEP 12.246–190—Sa ̃o 

Jose ́ dos Campos—SP, Brazil; telephone 55 

(12) 3203–6600; email: pac@anac.gov.br; 

website anac.gov.br/en/. You may find this 

material on the ANAC website at 

sistemas.anac.gov.br/certificacao/DA/ 

DAE.asp. 

(4) You may view this material at the FAA, 

Airworthiness Products Section, Operational 

Safety Branch, 2200 South 216th St., Des 

Moines, WA. For information on the 

availability of this material at the FAA, call 

206–231–3195. 

(5) You may view this material at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, 

visit www.archives.gov/federal-register/cfr/ 

ibr-locations or email fr.inspection@nara.gov. 

Issued on January 6, 2025. 

Suzanne Masterson, 

Deputy Director, Integrated Certificate 

Management Division, Aircraft Certification 

Service. 

[FR Doc. 2025–00423 Filed 1–13–25; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF ENERGY 

Federal Energy Regulatory 

Commission 

18 CFR Parts 250 and 385 

[Docket No. RM25–4–000; Order No. 906] 

Civil Monetary Penalty Inflation 

Adjustments 

AGENCY: Federal Energy Regulatory 

Commission. 

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 

January 14, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Kevin Dinan, Attorney, Office of 

Enforcement, Federal Energy Regulatory 

Commission, 888 First Street NE, 

Washington, DC 20426. Phone: (202) 

502–6214; email: Kevin.Dinan@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 

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 2024 exceeded the 

CPI–U for October 2023 by 2.598 

percent.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 


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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 2931 

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). 

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

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.

$1,544,521 per violation, per day .................... $1,584,648 per violation, per day. 

16 U.S.C. 823b(c), Sec. 31(c) of the Federal 

Power Act.

$27,893 per violation, per day ......................... $28,618 per violation, per day. 

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

Power Act.

$3,643 per violation ......................................... $3,738 per violation. 

15 U.S.C. 717t–1, Sec. 22 of the Natural Gas 

Act.

$1,544,521 per violation, per day .................... $1,584,648 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.

$1,544,521 per violation, per day .................... $1,584,648 per violation, per day. 

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

Interstate Commerce Act.

$1,617 per offense and $81 per day after the 

first day.

$1,659 per offense and $83 per day after the 

first day. 

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

Interstate Commerce Act.

$16,170 per violation, per day ......................... $16,590 per violation, per day. 

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

the Interstate Commerce Act.

$1,617 per offense, per day ............................ $1,659 per offense, per day. 

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

of the Interstate Commerce Act.

$1,617 per offense, per day ............................ $1,659 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 (https://

www.ferc.gov). 

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, or 

email at 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 APA,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. 

Issued: January 6, 2025. 

Debbie-Anne A. Reese, 

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: 


khammond on DSK9W7S144PROD with RULES
2932 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

1 2 CFR part 184 established in 88 FR 57750 (Aug. 

23, 2023) and M–24–02 (Oct. 25, 2023). 

§ 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 $1,584,648 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 $28,618 

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: $1,584,648 per 

violation, per day. 

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

Act: $28,618 per violation, per day. 

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

Act: $3,738 per violation. 

(d) 16 U.S.C. 825o–1(b), Federal 

Power Act: $1,584,648 per violation, per 

day. 

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

$1,584,648 per violation, per day. 

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

Interstate Commerce Act: $1,659 per 

offense and $78 per day after the first 

day. 

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

Interstate Commerce Act: $16,590 per 

violation, per day. 

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

Interstate Commerce Act: $1,659 per 

offense, per day. 

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

Interstate Commerce Act: $1,659 per 

offense, per day. 

[FR Doc. 2025–00516 Filed 1–13–25; 8:45 am] 

BILLING CODE 6717–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Highway Administration 

23 CFR Part 635 

[Docket No. FHWA–2023–0037] 

RIN 2125–AG13 

Buy America Requirements for 

Manufactured Products 

AGENCY: Federal Highway 

Administration (FHWA), U.S. 

Department of Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: This final rule amends 

FHWA’s Buy America regulation to 

terminate FHWA’s general waiver for 

manufactured products and establish 

Buy America requirements for 

manufactured products with respect to 

Federal-aid highway projects. The 

standards for applying Buy America to 

manufactured products are generally 

consistent with the Office of 

Management and Budget’s (OMB) 

guidance implementing the Build 

America, Buy America Act (BABA) 

provisions of the Infrastructure 

Investment and Jobs Act (also known as 

the Bipartisan Infrastructure Law (BIL)). 

DATES: This final rule is effective March 

17, 2025. 

FOR FURTHER INFORMATION CONTACT: For 

questions about this final rule, please 

contact Mr. Brian Hogge, FHWA Office 

of Infrastructure, 202–366–1562, or via 

email at Brian.Hogge@dot.gov. For legal 

questions, please contact Mr. David 

Serody, FHWA Office of Chief Counsel, 

202–366–4241, or via email at 

David.Serody@dot.gov. Office hours for 

FHWA are from 8:00 a.m. to 4:30 p.m., 

eastern time (E.T.), Monday through 

Friday, except Federal holidays. 

SUPPLEMENTARY INFORMATION: 

Electronic Access and Filing 

This document, the notice of 

proposed rulemaking (NPRM), all 

comments received, and all supporting 

material may be viewed online at 

www.regulations.gov using the docket 

number listed above. Electronic retrieval 

assistance and guidelines are available 

on the website. It is available 24 hours 

each day, 365 days each year. An 

electronic copy of this document may 

also be downloaded from the Office of 

Federal Register’s website at 

www.federalregister.gov and the U.S. 

Government Publishing Office’s website 

at www.GovInfo.gov. 

I. Executive Summary 

FHWA is required, by statute, to 

ensure that all projects funded under 

title 23 of the United States Code 

(U.S.C.) (Federal-aid projects) use only 

steel, iron, and manufactured products 

that are produced in the United States. 

23 U.S.C. 313. FHWA refers to these 

requirements as ‘‘Buy America’’ 

requirements. In other words, FHWA’s 

Buy America requirement for 

manufactured products mandates that 

all such products used on Federal-aid 

projects must be ‘‘produced in the 

United States.’’ 23 U.S.C. 313. The Buy 

America requirement for manufactured 

products has existed in some form since 

the enactment of the Surface 

Transportation Assistance Act of 1978 

(1978 STAA), Public Law 95–599 

(1978), with those requirements being 

modified close to their current form by 

section 165 of the Surface 

Transportation Assistance Act of 1982 

(1982 STAA), Public Law 97–424 

(1983). 

In 1983, following the passage of the 

1982 STAA, FHWA determined that it 

would be in the public interest to waive 

the Buy America requirements for 

manufactured products, with that 

waiver known as the Manufactured 

Products General Waiver. See 48 FR 

1946 (Jan. 17, 1983); 48 FR 53099 (Nov. 

25, 1983). Under the Manufactured 

Products General Waiver, manufactured 

products that were permanently 

incorporated into Federal-aid projects 

did not need to be produced 

domestically, apart from predominantly 

iron or steel components of 

manufactured products. 

Through this rule, FHWA is 

establishing specific dates on which the 

Manufactured Products General Waiver 

will be terminated and is amending its 

Buy America regulation at 23 CFR 

635.410 to establish standards regarding 

Buy America requirements that will 

apply to manufactured products on 

Federal-aid projects. These standards 

are substantially similar to those 

established by OMB that apply to 

manufactured products subject to 

BABA.1 This means that to be 

considered ‘‘produced in the United 

States’’ and therefore Buy Americacompliant, manufactured products must 


khammond on DSK9W7S144PROD with RULES