[Federal Register Volume 67, Number 43 (Tuesday, March 5, 2002)]
[Rules and Regulations]
[Pages 9924-9925]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 02-5014]


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TENNESSEE VALLEY AUTHORITY

18 CFR Part 1315


New Restrictions on Lobbying

AGENCY: Tennessee Valley Authority.

ACTION: Final rule.

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SUMMARY: The Tennessee Valley Authority is amending its rules regarding 
restrictions on lobbying to make inflation adjustments in the range of 
civil monetary penalties it may assess against persons who violate 
these rules. These adjustments are required by the Federal Civil 
Penalties Inflation Adjustment Act of 1990, as amended.

EFFECTIVE DATE: March 5, 2002.

FOR FURTHER INFORMATION CONTACT: Clifford L. Beach, Jr., Attorney, 865-
632-4146, Office of the General Counsel, Tennessee Valley Authority, 
400 West Summit Hill Drive, ET 10A, Knoxville, Tennessee 37902-1401.

SUPPLEMENTARY INFORMATION: Section 4 of the ``Federal Civil Penalties 
Inflation Adjustment Act of 1990'' (Public Law 101-410), as amended by 
the ``Debt Collection Improvement Act of 1996'' (Public Law 104-134), 
requires each Federal agency with statutory authority to assess a civil 
monetary penalty (CMP) to adjust each CMP by the inflation adjustment 
described in section 5 of the Act. Such adjustment is to be made by 
regulation published in the Federal Register. Agencies are to make 
inflation adjustments by regulation at least once every four years. Any 
increase in a CMP made pursuant to the Act applies only to violations 
that occur after the date the increase takes effect.
    TVA's only statutory authority to assess a CMP is found at 31 
U.S.C. 1352(c), which describes the range of penalties TVA may impose 
for a violation of that statute's prohibition against use of 
appropriated funds to pay any person for influencing or attempting to 
influence a Federal official in connection with any Federal action and 
for a failure to file a declaration or a declaration amendment as 
required by that statute. The penalties to be imposed

[[Page 9925]]

for such violations and failures to file range from $11,000 to not more 
than $110,000. Based on application of the standard inflation 
adjustment formula in the Act, TVA is amending its rules at 18 CFR 
1315.400(a), (b), and (e) to increase the minimum CMP it may assess 
under 31 U.S.C. 1352(c) to $12,000 and the maximum CMP it may assess 
under the statute to $120,000.

Matters of Regulatory Procedures

    Notice and an opportunity for public comment are not necessary 
prior to issuance of this final rule because it implements a definitive 
statutory formula mandated by the Act.
    The Paperwork Reduction Act (44 U.S.C. chapter 35) does not apply 
because this rule does not contain any information collection 
requirements that require the approval of the Office of Management and 
Budget.

List of Subjects in 18 CFR Part 1315

    Administrative practice and procedures, Penalties.

    Accordingly, for the reasons set out in the preamble, 18 CFR part 
1315 is amended as follows:

PART 1315--NEW RESTRICTIONS ON LOBBYING

    1. The authority citation for part 1315 is revised to read as 
follows:

    Authority: 16 U.S.C. 831-831ee; 31 U.S.C. 1352.


    2. Section 1315.400 is amended by removing the figure ``$11,000'' 
and adding in its place ``$12,000'' each time it appears in paragraphs 
(a) and (b); by removing the figure ``$110,000'' and adding in its 
place ``$120,000'' each time it appears in paragraphs (a) and (b); by 
removing the figure ``$10,000'' and adding in its place ``$12,000'' 
each time it appears in paragraph (e); and by removing the figure 
``$100,000'' and adding in its place ``120,000'' in paragraph (e).

    Dated: February 6, 2002.
Clifford L. Beach, Jr.,
Attorney.
[FR Doc. 02-5014 Filed 3-4-02; 8:45 am]
BILLING CODE 8120-08-M