Civil Monetary Penalty Inflation Adjustment, 62629-62631 [2016-21878]
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Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Rules and Regulations
(10) Proceed north-northeasterly, then
west, along State Highway 191
approximately 4.8 miles, crossing onto
the Pearce map, to an unnamed lightduty road known locally as Kansas
Settlement Road, near BM 4,327, section
36, T17S/R25E; then
(11) Proceed southwest in a straight
line approximately 8.9 miles, crossing
over the Turquoise Mountain map and
onto the Black Diamond Peak map, to
the southeastern-most corner of the
boundary of the Coronado National
Forest on the Black Diamond Peak map,
section 35, T18S/R24 E; then
(12) Proceed north along the boundary
of the Coronado National Forest
approximately 2 miles to the marked
4,821-foot elevation point, section 26,
T18S/R24E; then
(13) Proceed north-northwest in a
straight line approximately 13 miles,
crossing over the Cochise Stronghold
map and onto the Cochise map, to the
northeastern corner of the boundary of
the Coronado National Forest at the
marked 4,642 elevation point on the
Cochise map, section 26, T16S/R23E;
then
(14) Proceed north-northwest in a
straight line approximately 1.2 miles to
the intersection of the 4,450-foot
elevation contour and an unnamed
secondary highway known locally as
West Dragoon Road, section 23, T16S/
R23E; then
(15) Proceed north in a straight line
approximately 1.3 miles to the 4,400foot elevation contour, section 11, T16S/
R23E; then
(16) Proceed generally northerly along
the 4,400-foot elevation contour
approximately 10 miles, crossing onto
the Red Bird Hills map, to Interstate
Highway 10, section 3, T15S/R23E; then
(17) Proceed north-northwest in a
straight line approximately 5.8 miles,
crossing onto the Steele Hills map, to
the intersection of the 4,600-foot
elevation contour and an unnamed
light-duty road known locally as West
Airport Road, section 7, T14S/R23E;
then
(18) Proceed east-northeasterly, then
easterly, then northerly, then easterly
along West Airport Road approximately
7.2 miles, crossing back onto the Red
Bird Hills map and then onto the Square
Mountain map, to the 4,240-foot
elevation contour east of BM 4,264,
section 6, T14S/R24E; then
(19) Proceed north-northwest in a
straight line approximately 20.5 miles,
crossing over the Muskhog Mountain
and Reiley Peak maps and onto the
Sierra Bonita Ranch map, to the
intersection of two unnamed light-duty
roads known locally as West Ash Creek
Road and South Wells Road, near BM
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21:01 Sep 09, 2016
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4,487 on the Sierra Bonita Ranch map,
section 3, T11S/R22E; then
(20) Proceed generally northerly along
South Wells Road to BM 4,502, then
continuing northerly along the western
fork of the road for a total of
approximately 7.7 miles to an unnamed
light-duty road known locally as Bonita
Aravaipa Road, section 27, T9S/R22E;
then
(21) Proceed east in a straight line
approximately 8.2 miles, crossing onto
the Fort Grant map, to the beginning
point.
Signed: July 25, 2016.
John J. Manfreda,
Administrator.
Approved: August 22, 2016.
Timothy E. Skud,
Deputy Assistant Secretary (Tax, Trade, and
Tariff Policy).
[FR Doc. 2016–21849 Filed 9–9–16; 8:45 am]
BILLING CODE 4810–31–P
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 269
[Docket ID: DOD–2016–OS–0045]
RIN 0790–AJ42
Civil Monetary Penalty Inflation
Adjustment
Under Secretary of Defense
(Comptroller), Department of Defense.
ACTION: Final rule.
AGENCY:
On November 2, 2015, the
President signed into law the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act), which further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990. The 2015 Act
updates the process by which agencies
adjust applicable civil monetary
penalties (CMP) for inflation to retain
the deterrent effect of those penalties.
The 2015 Act requires that not later than
July 1, 2016, and not later than January
15 of every year thereafter, the head of
each agency must, by regulation
published in the Federal Register,
adjust each CMP within its jurisdiction
by the inflation adjustment described in
the 2015 Act. Accordingly, the
Department of Defense must adjust the
level of all civil monetary penalties
under its jurisdiction through a final
rule and make subsequent annual
adjustments for inflation.
DATES: This rule is effective September
12, 2016.
SUMMARY:
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62629
FOR FURTHER INFORMATION CONTACT:
Brian Banal, 703–571–1652.
On
Thursday, May 26, 2016 (81 FR 33389–
33391), the Department of Defense
published an interim final rule titled
‘‘Civil Monetary Penalty Inflation
Adjustment’’ for a 60-day public
comment period. The public comment
period ended on July 25, 2016. No
public comments were received.
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 requires agencies to adjust the
level of civil monetary penalties through
a final rule in the Federal Register.
SUPPLEMENTARY INFORMATION:
Background Information
The Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law
101–410, 104 Stat. 890 (28 U.S.C. 2461,
note), as amended by the Debt
Collection Improvement Act of 1996,
Public Law 104–134, April 26, 1996,
and further amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act), Public Law 114–74, November 2,
2015, requires agencies to annually
adjust the level of Civil Monetary
Penalties (CMP) for inflation to improve
their effectiveness and maintain their
deterrent effect. The 2015 Act requires
that not later than July 1, 2016, and not
later than January 15 of every year
thereafter, the head of each agency must
adjust each CMP within its jurisdiction
by the inflation adjustment described in
the 2015 Act. The inflation adjustment
must be determined by increasing the
maximum CMP or the range of
minimum and maximum CMPs, as
applicable, for each CMP by the cost-ofliving adjustment, rounded to the
nearest multiple of $1. The cost-ofliving adjustment is the percentage (if
any) for each CMP by which the
Consumer Price Index (CPI) for the
month of October preceding the date of
the adjustment (January 15), exceeds the
CPI for the month of October in the
previous calendar year. The initial
adjustment to a CMP may not exceed
150 percent of the corresponding level
in effect on November 2, 2015.
Any increased penalties will only
apply to violations which occur after the
date on which the increase takes effect.
Each CMP subject to the jurisdiction
of the Department of Defense has been
adjusted in accordance with the 2015
Act. In compliance with the 2015 Act,
the Department of Defense is amending
its CMP penalty amounts.
Executive Summary
On November 2, 2015, the President
signed into law the Federal Civil
Penalties Inflation Adjustment Act
E:\FR\FM\12SER1.SGM
12SER1
62630
Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Rules and Regulations
Improvements Act of 2015 (the 2015
Act), which further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act). The 2015 Act updates
the process by which agencies adjust
applicable civil monetary penalties for
inflation to retain the deterrent effect of
those penalties. Agencies are required to
make an initial ‘‘catch-up’’ adjustment
for civil monetary penalties with the
new levels published in the Federal
Register by July 1, 2016, to take effect
no later than August 1, 2016. Thereafter,
agencies are required to make annual
inflationary adjustments, starting
January 15, 2017, and each year
following, based on Office of
Management and Budget (OMB)
guidance. Finally, each year in
accordance with OMB Circular A–136,
agencies will report in the Agency
Financial Reports the status of
adjustments to civil monetary penalties.
2015 (the 2015 Act) Act updates this
requirement, requiring annual
adjustments for inflation based on
Office of Management and Budget
(OMB) guidance.
In accordance with the 2015 Act,
OMB will provide adjustment rate
guidance no later than December 15,
2016, and no later than December 15 for
each following year, to adjust for
inflation in the Consumer Price Index
for all Urban Consumers as of the most
recent October. Agencies are required to
publish annual inflation adjustments in
the Federal Register no later than
January 15, starting in 2017, and each
subsequent year.
Agency heads are responsible for
implementing this guidance and for
submitting information to OMB
annually on applicable civil monetary
penalties through Agency Financial
Reports in accordance with OMB
Circular A–136.
I. Purpose of the Regulatory Action
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, Public Law 114–74, requires the
Department of Defense to adjust
applicable civil monetary penalties for
inflation to improve the effectiveness
and retain the deterrent effect of such
penalties. The implementation of this
rule will deter violations of law,
encourage corrective action(s) of
existing violations, and prevent waste,
fraud, and abuse within the Department
of Defense.
III. Costs and Benefits
asabaliauskas on DSK3SPTVN1PROD with RULES
Description of Authority Citation
Section 4(a) of the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended, (28 U.S.C. 2461,
note), mandates that not later than July
1, 2016, and not later than January 15
of every year thereafter, the head of each
agency (in this case the Secretary of
Defense) must adjust for inflation each
civil monetary penalty provided by law
within the jurisdiction of the Federal
agency (in this case the Department of
Defense), except for any penalty
(including any addition to tax and
additional amount) under the Internal
Revenue Code of 1986 [26 U.S.C. 1 et
seq.] or the Tariff Act of 1930 [19 U.S.C.
1202 et seq.], through a final
rulemaking; and publish each such
adjustment in the Federal Register.
II. Summary of the Major Provisions of
the Regulatory Action in Question
Previously, the Debt Collection
Improvement Act of 1996 required
agencies to adjust civil monetary
penalty levels every four years. The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
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There are no significant costs
associated with the regulatory revisions
that would impose any mandates on the
Department of Defense, Federal, State or
local governments, or the private sector.
The Department of Defense anticipates
that civil monetary penalty collections
may increase in the future due to new
penalty authorities and other changes in
this rule. However, it is difficult to
accurately predict the extent of any
increase, if any, due to a variety of
factors, such as budget and staff
resources, the number and quality of
civil penalty referrals or leads, and the
length of time needed to investigate and
resolve a case.
Regulatory Procedures
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
Executive Orders 13563 and 12866
direct agencies to assess all costs and
benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distribute impacts, and equity).
Executive Order 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule has not been
designated a ‘‘significant regulatory
action,’’ because it does not: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy; a section of
PO 00000
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the economy; productivity; competition;
jobs; the environment; public health or
safety; or State, local, or tribal
governments or communities; (2) create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another Agency; (3)
materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs, or the rights and obligations
of recipients thereof; or (4) raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
the principles set forth in these
Executive Orders.
Unfunded Mandates Reform Act
(2 U.S.C. Chapter 25)
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532) requires agencies to
assess anticipated costs and benefits
before issuing any rule the mandates of
which require spending in any year of
$100 million in 1995 dollars, updated
annually for inflation. In 2014, that
threshold is approximately $141
million. This rule will not mandate any
requirements for State, local, or tribal
governments, nor will it affect private
sector costs.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
The Department of Defense certifies
that this rule is not subject to the
Regulatory Flexibility Act because it
would not, if promulgated, have a
significant economic impact on a
substantial number of small entities.
Therefore, the Regulatory Flexibility
Act, as amended, does not require a
regulatory flexibility analysis.
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
The Department of Defense certifies
that this rule does not trigger any
reporting or recordkeeping requirements
under the Paperwork Reduction Act of
1995.
Executive Order 13132, ‘‘Federalism’’
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a
proposed rule (and subsequent final
rule) that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
This final rule will not have a
substantial effect on State and local
governments.
List of Subjects in 32 CFR Part 269
Administrative practice and
procedure, Penalties.
E:\FR\FM\12SER1.SGM
12SER1
Federal Register / Vol. 81, No. 176 / Monday, September 12, 2016 / Rules and Regulations
Accordingly, the interim final rule
published at 81 FR 33389–33391 on
May 26, 2016 is adopted as a final rule
without change.
■
Dated: September 7, 2016.
Patricia L. Toppings,
OSD Federal Register Liaison Officer,
Department of Defense.
[FR Doc. 2016–21878 Filed 9–9–16; 8:45 am]
BILLING CODE 5001–06–P
DEPARTMENT OF EDUCATION
34 CFR Chapter III
[Docket ID ED–2016–OSERS–0022; CFDA
Number: 84.421B.]
Final Priorities, Requirements, and
Definition—Disability Innovation
Fund—Transition Work-Based
Learning Model Demonstrations
Correction
In rule document 2016–18031
beginning on page 50324 in the issue of
Monday, August 1, 2016, make the
following correction:
On page 50324, in the second column,
under the DATES heading, in the last line
‘‘October 9, 2016’’ should read
‘‘September 6, 2016’’.
[FR Doc. C3–2016–18031 Filed 9–9–16; 8:45 am]
BILLING CODE 1505–01–D
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Part 17
RIN 2900–AP68
Telephone Enrollment in the VA
Healthcare System
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) adopts as final, without
change, an interim final rule amending
its medical regulations. Specifically,
this rule allows veterans to complete
applications for health care enrollment
by providing application information,
agreeing to VA’s provisions regarding
copayment liability and assignment of
third-party insurance benefits, and
attesting to the accuracy and
authenticity of the information provided
to a VA employee over the phone. This
action makes it easier for veterans to
apply to enroll and speeds VA
processing of applications.
DATES: Effective Date: This rule is
effective on September 12, 2016.
FOR FURTHER INFORMATION CONTACT:
Mathew J. Eitutis, Acting Director,
asabaliauskas on DSK3SPTVN1PROD with RULES
SUMMARY:
VerDate Sep<11>2014
21:01 Sep 09, 2016
Jkt 238001
Member Services 3401 SW 21st St.
Building 9 Topeka, KS 66604; 785–925–
0605. (This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On March
16, 2016, VA published an interim final
rule amending § 17.36(d)(1) of title 38,
Code of Federal Regulations (CFR). 81
FR 13994. The amendment allows
veterans to apply for enrollment in the
VA healthcare system by telephone; in
particular, it allows veterans to consent
over the phone to pay any copayments
the law requires for treatment or
services and to assign insurance benefits
to VA.
VA invited interested persons to
comment on the interim final rule on or
before May 16, 2016. We received two
comments. One commenter expressed
concern over medications provided to
veterans with overseas service in the
1970s. The other sought VA assistance
with a claim for VA benefits. Both of
these comments are outside the scope of
this rulemaking. We are, therefore,
making no changes based on those
comments.
Based on the rationale in the interim
final rule and in this final rule, VA is
adopting the interim final rule as final
with no changes.
Administrative Procedure Act
The Secretary of Veterans Affairs
determined there was good cause under
5 U.S.C. 553(b)(B) to publish this rule
without prior opportunity for public
comment. The Secretary concluded that
failure to authorize verbal applications
as soon as possible was contrary to the
public interest because it prolonged
delays in processing applications for
enrollment in the VA healthcare system.
We dispensed with the 30-day delay
requirement for the effective date of a
rule for good cause under 5 U.S.C.
553(d)(3). We anticipated that this
regulation would be uncontroversial
and believed that any further delay in
allowing VA to complete applications
by telephone would be contrary to the
public interest.
Effect of Rulemaking
The Code of Federal Regulations, as
revised by this final rulemaking,
represents the exclusive legal authority
on this subject. No contrary rules or
procedures are authorized. All VA
guidance must be read to conform with
this interim final rulemaking if possible
or, if not possible, such guidance is
superseded by this rulemaking.
Paperwork Reduction Act
Although this final rule contains
provisions constituting collections of
information, at 38 CFR 17.36(d)(1),
under the Paperwork Reduction Act of
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62631
1995 (44 U.S.C. 3501–3521), no new or
revised collections of information are
associated with this final rule. It amends
an approved collection by allowing a
new method for veterans to submit the
requested information, but this change
does not affect the burden on the public
under the approved collection. The
information collection requirements for
38 CFR 17.36(d)(1) are currently
approved by the Office of Management
and Budget (OMB) and have been
assigned OMB control number 2900–
0091.
Regulatory Flexibility Act
The Secretary hereby certifies that
this final rule does not have a
significant economic impact on a
substantial number of small entities as
they are defined in the Regulatory
Flexibility Act, 5 U.S.C. 601–612. This
final rule directly affects only
individuals and does not directly affect
small entities. Therefore, pursuant to 5
U.S.C. 605(b), this rulemaking is exempt
from the initial and final regulatory
flexibility analysis requirements of 5
U.S.C. 603 and 604.
Executive Order 12866 and 13563
Executive Orders 12866 and 13563
direct agencies to assess the costs and
benefits of available regulatory
alternatives and, when regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
12866 (Regulatory Planning and
Review) defines a ‘‘significant
regulatory action,’’ requiring review by
OMB, unless OMB waives such review,
as ‘‘any regulatory action that is likely
to result in a rule that may: (1) Have an
annual effect on the economy of $100
million or more or adversely affect in a
material way the economy, a sector of
the economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or tribal
governments or communities; (2) Create
a serious inconsistency or otherwise
interfere with an action taken or
planned by another agency; (3)
Materially alter the budgetary impact of
entitlements, grants, user fees, or loan
programs or the rights and obligations of
recipients thereof; or (4) Raise novel
legal or policy issues arising out of legal
mandates, the President’s priorities, or
E:\FR\FM\12SER1.SGM
12SER1
]]>Agencies
[Federal Register Volume 81, Number 176 (Monday, September 12, 2016)]
[Rules and Regulations]
[Pages 62629-62631]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-21878]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 269
[Docket ID: DOD-2016-OS-0045]
RIN 0790-AJ42
Civil Monetary Penalty Inflation Adjustment
AGENCY: Under Secretary of Defense (Comptroller), Department of
Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On November 2, 2015, the President signed into law the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the
2015 Act), which further amended the Federal Civil Penalties Inflation
Adjustment Act of 1990. The 2015 Act updates the process by which
agencies adjust applicable civil monetary penalties (CMP) for inflation
to retain the deterrent effect of those penalties. The 2015 Act
requires that not later than July 1, 2016, and not later than January
15 of every year thereafter, the head of each agency must, by
regulation published in the Federal Register, adjust each CMP within
its jurisdiction by the inflation adjustment described in the 2015 Act.
Accordingly, the Department of Defense must adjust the level of all
civil monetary penalties under its jurisdiction through a final rule
and make subsequent annual adjustments for inflation.
DATES: This rule is effective September 12, 2016.
FOR FURTHER INFORMATION CONTACT: Brian Banal, 703-571-1652.
SUPPLEMENTARY INFORMATION: On Thursday, May 26, 2016 (81 FR 33389-
33391), the Department of Defense published an interim final rule
titled ``Civil Monetary Penalty Inflation Adjustment'' for a 60-day
public comment period. The public comment period ended on July 25,
2016. No public comments were received.
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 requires agencies to adjust the level of civil monetary
penalties through a final rule in the Federal Register.
Background Information
The Federal Civil Penalties Inflation Adjustment Act of 1990,
Public Law 101-410, 104 Stat. 890 (28 U.S.C. 2461, note), as amended by
the Debt Collection Improvement Act of 1996, Public Law 104-134, April
26, 1996, and further amended by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (the 2015 Act), Public Law 114-
74, November 2, 2015, requires agencies to annually adjust the level of
Civil Monetary Penalties (CMP) for inflation to improve their
effectiveness and maintain their deterrent effect. The 2015 Act
requires that not later than July 1, 2016, and not later than January
15 of every year thereafter, the head of each agency must adjust each
CMP within its jurisdiction by the inflation adjustment described in
the 2015 Act. The inflation adjustment must be determined by increasing
the maximum CMP or the range of minimum and maximum CMPs, as
applicable, for each CMP by the cost-of-living adjustment, rounded to
the nearest multiple of $1. The cost-of-living adjustment is the
percentage (if any) for each CMP by which the Consumer Price Index
(CPI) for the month of October preceding the date of the adjustment
(January 15), exceeds the CPI for the month of October in the previous
calendar year. The initial adjustment to a CMP may not exceed 150
percent of the corresponding level in effect on November 2, 2015.
Any increased penalties will only apply to violations which occur
after the date on which the increase takes effect.
Each CMP subject to the jurisdiction of the Department of Defense
has been adjusted in accordance with the 2015 Act. In compliance with
the 2015 Act, the Department of Defense is amending its CMP penalty
amounts.
Executive Summary
On November 2, 2015, the President signed into law the Federal
Civil Penalties Inflation Adjustment Act
[[Page 62630]]
Improvements Act of 2015 (the 2015 Act), which further amended the
Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation
Adjustment Act). The 2015 Act updates the process by which agencies
adjust applicable civil monetary penalties for inflation to retain the
deterrent effect of those penalties. Agencies are required to make an
initial ``catch-up'' adjustment for civil monetary penalties with the
new levels published in the Federal Register by July 1, 2016, to take
effect no later than August 1, 2016. Thereafter, agencies are required
to make annual inflationary adjustments, starting January 15, 2017, and
each year following, based on Office of Management and Budget (OMB)
guidance. Finally, each year in accordance with OMB Circular A-136,
agencies will report in the Agency Financial Reports the status of
adjustments to civil monetary penalties.
I. Purpose of the Regulatory Action
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015, Public Law 114-74, requires the Department of Defense to
adjust applicable civil monetary penalties for inflation to improve the
effectiveness and retain the deterrent effect of such penalties. The
implementation of this rule will deter violations of law, encourage
corrective action(s) of existing violations, and prevent waste, fraud,
and abuse within the Department of Defense.
Description of Authority Citation
Section 4(a) of the Federal Civil Penalties Inflation Adjustment
Act of 1990, as amended, (28 U.S.C. 2461, note), mandates that not
later than July 1, 2016, and not later than January 15 of every year
thereafter, the head of each agency (in this case the Secretary of
Defense) must adjust for inflation each civil monetary penalty provided
by law within the jurisdiction of the Federal agency (in this case the
Department of Defense), except for any penalty (including any addition
to tax and additional amount) under the Internal Revenue Code of 1986
[26 U.S.C. 1 et seq.] or the Tariff Act of 1930 [19 U.S.C. 1202 et
seq.], through a final rulemaking; and publish each such adjustment in
the Federal Register.
II. Summary of the Major Provisions of the Regulatory Action in
Question
Previously, the Debt Collection Improvement Act of 1996 required
agencies to adjust civil monetary penalty levels every four years. The
Federal Civil Penalties Inflation Adjustment Act Improvements Act of
2015 (the 2015 Act) Act updates this requirement, requiring annual
adjustments for inflation based on Office of Management and Budget
(OMB) guidance.
In accordance with the 2015 Act, OMB will provide adjustment rate
guidance no later than December 15, 2016, and no later than December 15
for each following year, to adjust for inflation in the Consumer Price
Index for all Urban Consumers as of the most recent October. Agencies
are required to publish annual inflation adjustments in the Federal
Register no later than January 15, starting in 2017, and each
subsequent year.
Agency heads are responsible for implementing this guidance and for
submitting information to OMB annually on applicable civil monetary
penalties through Agency Financial Reports in accordance with OMB
Circular A-136.
III. Costs and Benefits
There are no significant costs associated with the regulatory
revisions that would impose any mandates on the Department of Defense,
Federal, State or local governments, or the private sector. The
Department of Defense anticipates that civil monetary penalty
collections may increase in the future due to new penalty authorities
and other changes in this rule. However, it is difficult to accurately
predict the extent of any increase, if any, due to a variety of
factors, such as budget and staff resources, the number and quality of
civil penalty referrals or leads, and the length of time needed to
investigate and resolve a case.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
Executive Orders 13563 and 12866 direct agencies to assess all
costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distribute impacts, and equity). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. This rule has not been designated a ``significant
regulatory action,'' because it does not: (1) Have an annual effect on
the economy of $100 million or more or adversely affect in a material
way the economy; a section of the economy; productivity; competition;
jobs; the environment; public health or safety; or State, local, or
tribal governments or communities; (2) create a serious inconsistency
or otherwise interfere with an action taken or planned by another
Agency; (3) materially alter the budgetary impact of entitlements,
grants, user fees, or loan programs, or the rights and obligations of
recipients thereof; or (4) raise novel legal or policy issues arising
out of legal mandates, the President's priorities, or the principles
set forth in these Executive Orders.
Unfunded Mandates Reform Act (2 U.S.C. Chapter 25)
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1532) requires agencies to assess anticipated costs and benefits
before issuing any rule the mandates of which require spending in any
year of $100 million in 1995 dollars, updated annually for inflation.
In 2014, that threshold is approximately $141 million. This rule will
not mandate any requirements for State, local, or tribal governments,
nor will it affect private sector costs.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
The Department of Defense certifies that this rule is not subject
to the Regulatory Flexibility Act because it would not, if promulgated,
have a significant economic impact on a substantial number of small
entities. Therefore, the Regulatory Flexibility Act, as amended, does
not require a regulatory flexibility analysis.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
The Department of Defense certifies that this rule does not trigger
any reporting or recordkeeping requirements under the Paperwork
Reduction Act of 1995.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a proposed rule (and subsequent
final rule) that imposes substantial direct requirement costs on State
and local governments, preempts State law, or otherwise has Federalism
implications. This final rule will not have a substantial effect on
State and local governments.
List of Subjects in 32 CFR Part 269
Administrative practice and procedure, Penalties.
[[Page 62631]]
0
Accordingly, the interim final rule published at 81 FR 33389-33391 on
May 26, 2016 is adopted as a final rule without change.
Dated: September 7, 2016.
Patricia L. Toppings,
OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2016-21878 Filed 9-9-16; 8:45 am]
BILLING CODE 5001-06-P
