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CFTC RIN: 3038-AF10 Publication ID: Fall 2021 
Title: Annual Adjustment of Civil Monetary Penalties for Inflation--2022 
Abstract:

The Commodity Futures Trading Commission ("Commission") is amending rule 143.8, its rule that governs the maximum amount of CMPs, to adjust for inflation. This rule sets forth the maximum, inflation-adjusted dollar amount for CMPs assessable for violations of the Commodity Exchange Act and Commission rules, regulations and orders thereunder. The rule, as amended, implements the FCPIAA. Under the FCPIAA, agencies are required to publish final rules by January 15 of every year, unless, during the preceding 12 months, the penalty was increased by an amount greater than the proposed inflation adjustment required under section 4(a) of the FCPIAA.

 
Agency: Commodity Futures Trading Commission(CFTC)  Priority: Substantive, Nonsignificant 
RIN Status: Previously published in the Unified Agenda Agenda Stage of Rulemaking: Final Rule Stage 
Major: No  Unfunded Mandates: No 
CFR Citation: 17 CFR 143.8   
Legal Authority: 7 U.S.C. 9 and 9a    7 U.S.C. 12a(5)    7 U.S.C. 13(a) and 13a-1(d)    7 U.S.C. 15    28 U.S.C. 2461 note    31 U.S.C. 3701 to 3719   
Legal Deadline:
Action Source Description Date
Final  Statutory    01/15/2022 

Overall Description of Deadline: Agencies are required to publish final rules by January 15 of every year, unless, during the preceding 12 months, the civil monetary penalty ("CMP") was increased by an amount greater than the proposed inflation adjustment required under section 4(a) of the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended ("FCPIAA").

Timetable:
Action Date FR Cite
Final Rule  01/00/2022 
Final Rule Effective  01/00/2022 
Regulatory Flexibility Analysis Required: No  Government Levels Affected: None 
Federalism: No 
Included in the Regulatory Plan: No 
RIN Data Printed in the FR: No 
Agency Contact:
Edward J. Riccobene
Associate Chief Counsel, Division of Enforcement
Commodity Futures Trading Commission
Three Lafayette Centre, 1155 21st Street NW,
Washington, DC 20581
Phone:202 418-5327
Email: ericcobene@cftc.gov