Implementation of the Federal Civil Penalties Inflation Adjustment Act, 28760-28763 [2017-13209]
Download as PDF
<![CDATA[
28760
Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations
sradovich on DSK3GMQ082PROD with RULES
(f) Actions and Compliance
Unless already done, do the following
actions:
(1) Within the next 30 days after July 31,
2017 (the effective date of this AD), inspect
all textile fabric covered fuel hoses located in
the fuselage following Instructions 1. of DG
Flugzeugbau GmbH Technical note (TN) No.
800–44, 500–10, DG–SS–02, dated November
9, 2016.
Note 2 to paragraph (f)(1) through (6) of
this AD: DG Flugzeugbau GmbH TN No. 800–
44, DG Flugzeugbau GmbH TN No. 500–10,
and DG Flugzeugbau GmbH TN No. DG–SS–
02, are all dated November 9, 2016, and copublished as one document.
(2) If any kinking or wet fabric covering is
found during the inspection required in
paragraph (f)(1) of this AD, within the next
14 days after the inspection, replace all
textile fabric covered fuel hoses located in
the fuselage following Instructions 2. of DG
Flugzeugbau GmbH TN No. 800–44, 500–10,
DG–SS–02, dated November 9, 2016, and
DG–400 diagram 8, 6 TN DG–SS–02; DG–
500M diagram 14, TN 500/10; DG–500MB
diagram 14, TN 500/10; DG–800A/LA
diagram 11, TN 800/44; DG–800B Solo 2625
diagram 11, TN 800/44; DG–800B Solo 2625
diagram 11a, TN 800/44; DG–800B Solo 2625
diagram 11b, TN 800/44; and DG–800B ab
W.Nr. 8–155/from ser. no. 8–155 on, diagram
11d, TN 800/44, as applicable, all diagrams
issued October 2016.
(3) If no kinking or wet fabric covering is
found during the inspection required in
paragraph (f)(1) of this AD, within the next
12 months after July 31, 2017 (the effective
date of this AD), replace all textile fabric
covered fuel hoses located in the fuselage
following the instructions and diagrams
specified in paragraph (f)(2) of this AD.
(4) Within 12 months after doing the
replacements required in paragraph (f)(2) or
(f)(3) of this AD, as applicable, and
repetitively thereafter at intervals not to
exceed 12 months, inspect all fuel hoses in
the fuselage for any signs of wear, fissures,
kinks, lack of tight fit, or leaks. For this
inspection, the ignition switch must be
turned on to run the electric fuel pump to
demonstrate an operating fuel pressure. Do
this inspection following Instructions 4. of
DG Flugzeugbau GmbH TN No. 800–44, 500–
10, DG–SS–02, dated November 9, 2016.
(5) If any signs of wear, fissures, kinks, lack
of tight fit, or leaks are found during any
inspection required in paragraph (f)(4) of this
AD, replace the defective fuel hose in the
fuselage following the instructions and
diagrams specified in paragraph (f)(2) of this
AD. Continue with the repetitive inspections
as specified in paragraph (f)(4) of this AD.
(6) If no signs of wear, fissures, kinks, lack
of tight fit, or leaks are found during any
inspection required in paragraph (f)(4) of this
AD, at intervals not to exceed 10 years,
replace the fuel hoses in the fuselage with
new fuel hoses following the instructions and
diagrams specified in paragraph (f)(2) of this
AD.
(g) Other FAA AD Provisions
The following provisions also apply to this
AD:
VerDate Sep<11>2014
16:07 Jun 23, 2017
Jkt 241001
(1) Alternative Methods of Compliance
(AMOCs): The Manager, Standards Office,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. Send information to
ATTN: Jim Rutherford, Aerospace Engineer,
FAA, Small Airplane Directorate, 901 Locust,
Room 301, Kansas City, Missouri 64106;
telephone: (816) 329–4165; fax: (816) 329–
4090; email: jim.rutherford@faa.gov. Before
using any approved AMOC on any glider to
which the AMOC applies, notify your
appropriate principal inspector (PI) in the
FAA Flight Standards District Office (FSDO),
or lacking a PI, your local FSDO.
(2) Airworthy Product: For any requirement
in this AD to obtain corrective actions from
a manufacturer or other source, use these
actions if they are FAA-approved. Corrective
actions are considered FAA-approved if they
are approved by the State of Design Authority
(or their delegated agent). You are required
to assure the product is airworthy before it
is returned to service.
(h) Related Information
Refer to MCAI European Aviation Safety
Agency (EASA) AD No.: 2016–0259, dated
December 21, 2016, for related information.
You may examine the MCAI on the Internet
at https://www.regulations.gov/
document?D=FAA-2017-0343-0002.
(i) 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 this AD specifies otherwise.
(i) DG–400 diagram 8, issued October 2016
TN DG–SS–02.
(ii) DG–500M diagram 14, issued October
2016 TN 500/10.
(iii) DG–500MB diagram 14, issued October
2016 TN 500/10.
(iv) DG–800A/LA diagram 11, issued
October 2016 TN 800/44.
(v) DG–800B Solo 2625 diagram 11, issued
October 2016 TN 800/44.
(vi) DG–800B Solo 2625 diagram 11a,
issued October 2016 TN 800/44.
(vii) DG–800B Solo 2625 diagram 11b,
issued October 2016 TN 800/44.
(viii) DG–800B ab W.Nr. 8–155/from ser.
no. 8–155 on, diagram 11d, issued October
2016 TN 800/44.
(ix) DG Flugzeugbau GmbH Technical note
(TN) No. 800–44, 500–10, DG–SS–02, dated
November 9, 2016.
Note 3 to paragraph (i)(2)(ix) of this AD:
DG Flugzeugbau GmbH TN No. 800–44, DG
Flugzeugbau GmbH TN No. 500–10, and DG
Flugzeugbau GmbH TN No. DG–SS–02, are
all dated November 9, 2016, and copublished as one document.
(3) For service information identified in
this AD, DG Flugzeugbau GmbH, OttoLilienthal Weg 2, D–76646 Bruchsal,
Germany; telephone: +49 (0)7251 3202–0;
email: info@dg-flugzeugbau.de; Internet:
https://www.dg-flugzeugbau.de/en/
?noredirect=en_US.
(4) You may view this service information
at the FAA, Small Airplane Directorate, 901
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Locust, Kansas City, Missouri 64106. For
information on the availability of this
material at the FAA, call (816) 329–4148. In
addition, you can access this service
information on the Internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2017–0343.
(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: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Kansas City, Missouri, on June
19, 2017.
Pat Mullen,
Acting Manager, Small Airplane Directorate,
Aircraft Certification Service.
[FR Doc. 2017–13127 Filed 6–23–17; 8:45 am]
BILLING CODE 4910–13–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
14 CFR Parts 1264 and 1271
RIN 2700–AE30
[Document Number NASA–17–039: Docket
Number—NASA–2017–0002]
Implementation of the Federal Civil
Penalties Inflation Adjustment Act
National Aeronautics and
Space Administration.
ACTION: Interim final rule with request
for public comment.
AGENCY:
The National Aeronautics and
Space Administration (NASA) is
publishing for public comment an
interim final rule to adjust the civil
monetary penalties within its
jurisdiction for inflation, as required by
the Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act or the Act), as amended
by the Debt Collection Improvement Act
of 1996 and further amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (2015 Act). The revision to this
rule is part of NASA’s retrospective plan
under Executive Order (E.O.) 13563
completed in August 2011. NASA’s full
plan can be accessed on the Agency’s
open Government Web site at https://
www.nasa.gov/open/.
DATES: This interim final rule is
effective August 25, 2017.
FOR FURTHER INFORMATION CONTACT:
Bryan R. Diederich, Office of the
General Counsel, NASA Headquarters,
telephone (202) 358–0216.
SUPPLEMENTARY INFORMATION:
SUMMARY:
E:\FR\FM\26JNR1.SGM
26JNR1
Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations
I. Background
The Inflation Adjustment Act, as
amended by the 2015 Act, requires
Federal agencies to adjust the civil
penalty amounts within their
jurisdiction for inflation by July 1, 2016,
and then by January 15 every year
thereafter.1 Agencies must make the
initial 2016 adjustments through an
interim final rulemaking published in
the Federal Register.2 Under the
amended Act, any increase in a civil
penalty made under the Act will apply
to penalties assessed after the increase
takes effect, including penalties whose
associated violation predated the
increase.3 The inflation adjustments
mandated by the Act serve to maintain
the deterrent effect of civil penalties and
to promote compliance with the law.
II. Method of Calculation
The Inflation Adjustment Act
prescribes a specific method for
calculating the inflation adjustments.4
As amended by the 2015 Act, the Act
provides that the maximum (and
minimum, if applicable) amounts for
each civil penalty must be increased by
the ‘‘cost-of-living adjustment,’’ a term
that the Act defines. For purposes of the
initial adjustments that agencies must
make by July 1, 2016, the ‘‘cost-of-living
adjustment’’ is defined as the percentage
increase in the Consumer Price Index
between (1) October of the calendar year
during which the civil penalty amount
was established or adjusted under a
provision of law other than the Inflation
Adjustment Act and (2) October 2015.
The Consumer Price Index to be used
for purposes of this calculation is the
Consumer Price Index for all urban
consumers (CPI–U) published by the
Department of Labor.5 The Office of
Management and Budget (OMB) has
published guidance for implementing
this requirement.6 OMB’s guidance
memorandum provides multipliers that
agencies should use to adjust penalty
amounts based on the year the penalty
was established or last adjusted under
Penalty description
Program Fraud Civil Remedies Act of 1986
Department of the Interior and Related
Agencies Appropriations Act of 1989,
Public Law 101–121, sec. 319.
Department of the Interior and Related
Agencies Appropriations Act of 1989,
Public Law 101–121, sec. 319.
Department of the Interior and Related
Agencies Appropriations Act of 1989,
Public Law 101–121, sec. 319.
Department of the Interior and Related
Agencies Appropriations Act of 1989,
Public Law 101–121, sec. 319.
sradovich on DSK3GMQ082PROD with RULES
VerDate Sep<11>2014
16:07 Jun 23, 2017
Jkt 241001
This interim final rule establishes the
inflation-adjusted maximum amounts
for each civil penalty within NASA’s
jurisdiction. The following table lists
the civil penalties within NASA’s
jurisdiction and summarizes the
relevant information needed to calculate
the inflation adjustments pursuant to
the statutory method.
Penalty amount
in effect on
November 2,
2015
$5,000
10,000
1986
1989
$5,000
10,000
100,000
1989
100,000
10,000
1989
10,000
100,000
1989
100,000
Maximum penalty for failure to report certain lobbying transactions.
28 U.S.C. 2461 note.
statute also provides that, for the initial
2016 adjustment, an agency may adjust a civil
penalty by less than the otherwise required amount
if (1) it determines, after publishing a notice of
proposed rulemaking and providing an opportunity
for comment, that increasing the civil penalty by
the otherwise required amount would have a
negative economic impact or that the social costs
of increasing the civil penalty by the otherwise
required amount outweigh the benefits, and (2) the
Director of the Office of Management and Budget
concurs with that determination. Inflation
2 The
III. Description of the Interim Final
Rule
Year penalty
established
or last
adjusted under
a provision
other than the
Inflation
Adjustment Act
Maximum penalties for false claims ............
Minimum penalty for use of appropriated
funds to lobby or influence certain contracts.
Maximum penalty for use of appropriated
funds to lobby or influence certain contracts.
Minimum penalty for failure to report certain lobbying transactions.
1 See
authority other than the Inflation
Adjustment Act.
To determine the new penalty
amount, the agency must apply the
multiplier reflecting the ‘‘cost-of-living
adjustment’’ 7 to the penalty amount as
it was most recently established or
adjusted under a provision of law other
than the Inflation Adjustment Act. The
agency must then round that amount to
the nearest dollar.8 The increase made
by this initial adjustment may not
exceed 150 percent of the penalty
amount in effect on the date the 2015
Act was enacted, November 2, 2015.
Penalty amount
as established
or last
adjusted under
a provision
other than the
Inflation
Adjustment Act
Law
NASA followed the procedure
outlined above in part II to calculate the
adjusted civil penalty amounts. In
accordance with the statutory
requirements and OMB guidance, NASA
28761
multiplied each penalty amount as
established or last adjusted under a
provision other than the Inflation
Adjustment Act by the OMB multiplier
corresponding to the appropriate year,
and then rounded that amount to the
nearest dollar, to calculate the new,
inflation-adjusted civil penalty amount.
The following chart summarizes the
results of these calculations:
Adjustment Act section 4(c), codified at 28 U.S.C.
2461 note. NASA has chosen not to make use of this
exception.
3 Inflation Adjustment Act section 6, codified at
28 U.S.C. 2461 note.
4 Inflation Adjustment Act section 5, codified at
28 U.S.C. 2461 note.
5 U.S. Dep’t of Labor, Bureau of Labor Statistics,
CPI Tables, https://www.bls.gov/cpi/#tables.
6 Memorandum from Shaun Donovan, Director,
Office of Management and Budget, to the Heads of
Executive Departments and Agencies (Feb. 24,
2016), https://www.whitehouse.gov/sites/default/
files/omb/memoranda/2016/m-16-06.pdf.
7 The multipliers reflecting the ‘‘cost-of-living
adjustment’’ that OMB provides are rounded to five
decimal places. NASA has used the OMB
multipliers in calculating its civil penalty
adjustments.
8 In rounding to the nearest dollar, NASA has
rounded down where the digit immediately
following the decimal point is less than 5 and has
rounded up where the digit immediately following
the decimal point is 5 or greater.
PO 00000
Frm 00013
Fmt 4700
Sfmt 4700
E:\FR\FM\26JNR1.SGM
26JNR1
28762
Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations
Penalty amount
as established
or last
adjusted under
a provision
other than the
Inflation
Adjustment Act
Year penalty
established
or last
adjusted under
a provision
other than the
Inflation
Adjustment Act
OMB
‘‘cost-of-living
adjustment’’
multiplier
New penalty
amount
New penalty
amount
adjusted for
150% threshold
Law
Penalty description
Program Fraud Civil
Remedies Act of 1986.
Department of the Interior and Related Agencies Appropriations Act
of 1989, Public Law
101–121, sec. 319.
Department of the Interior and Related Agencies Appropriations Act
of 1989, Public Law
101–121, sec. 319.
Department of the Interior and Related Agencies Appropriations Act
of 1989, Public Law
101–121, sec. 319.
Department of the Interior and Related Agencies Appropriations Act
of 1989, Public Law
101–121, sec. 319.
Maximum Penalties for
False Claims.
Minimum Penalty for use
of appropriated funds
to lobby or influence
certain contracts.
$5,000
1986
2.15628
$10,781
$10,781
10,000
1989
1.89361
18,936
18,936
Maximum Penalty for
use of appropriated
funds to lobby or influence certain contracts.
100,000
1989
1.89361
189,361
189,361
Minimum penalty for failure to report certain
lobbying transactions.
10,000
1989
1.89361
18,936
18,936
Maximum penalty for
failure to report certain
lobbying transactions.
100,000
1989
1.89361
189,361
189,361
This rule codifies these civil penalty
amounts by amending parts 1264 and
1271 of title 14 of the CFR.
VI. Regulatory Requirements
IV. Legal Authority and Effective Date
Under the APA, notice and
opportunity for public comment are not
required if NASA finds that notice and
public comment are impracticable,
unnecessary, or contrary to the public
interest.13 This interim final rule adjusts
the civil penalty amounts within the
NASA’s jurisdiction for inflation, as
required by the Federal Civil Penalties
Inflation Adjustment Act of 1990, as
amended by the Debt Collection
Improvement Act of 1996 and further
amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015. The amendments in this
interim final rule are technical, and they
merely apply the statutory method for
adjusting civil penalty amounts. For
these reasons, NASA has determined
that publishing a notice of proposed
rulemaking and providing opportunity
for public comment are unnecessary.
Moreover, the statute expressly requires
NASA to make these initial adjustments
through an interim final rulemaking to
be published by July 1, 2016,14 and
OMB’s guidance confirms that agencies
need not complete a notice-andcomment process before promulgating
NASA issues this rule under the
Federal Civil Penalties Inflation
Adjustment Act of 1990,9 as amended
by the Debt Collection Improvement Act
of 1996,10 and further amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015,11 which requires NASA to adjust
the civil penalties within its jurisdiction
for inflation according to a statutorily
prescribed formula.
The Administrative Procedure Act
(APA) generally requires an agency to
publish a rule at least 30 days before its
effective date.12 This rule satisfies that
requirement.
V. Request for Comment
sradovich on DSK3GMQ082PROD with RULES
Although notice and comment
rulemaking procedures are not required,
NASA invites comments on this notice.
Commenters are specifically encouraged
to identify any technical issues raised
by the rule.
9 Public
Law 101–410, 104 Stat. 890 (1990).
Law 104–134, section 31001(s)(1), 110
Stat. 1321, 1321–373 (1996).
11 Public Law 114–74, section 701, 129 Stat. 584,
599 (2015).
12 See 5 U.S.C. 533(d).
the rule.15 Therefore, the amendments
are adopted in final form.
Notice and Comment
10 Public
VerDate Sep<11>2014
16:07 Jun 23, 2017
Jkt 241001
13 5
U.S.C. 533(b)(B).
Adjustment Action, section 4(b)(1)(A),
codified at 28 U.S.C. 2461 note.
14 Inflation
PO 00000
Frm 00014
Fmt 4700
Sfmt 4700
Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required, the Regulatory
Flexibility Act does not require an
initial or final regulatory flexibility
analysis.16
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995,17 NASA
reviewed this interim final rule. No
collections of information pursuant to
the Paperwork Reduction Act are
contained in the interim final rule.
List of Subjects in 14 CFR Parts 1264
and 1271
Claims, Penalties, Lobbying.
For the reasons stated in the
preamble, the National Aeronautics and
Space Administration amends 14 CFR
parts 1264 and 1271 as follows:
PART 1264—IMPLEMENTATION OF
THE PROGRAM FRAUD CIVIL
PENALTIES ACT OF 1986
1. The authority citation for part 1264
continues to read as follows:
■
15 Memorandum from Shaun Donovan, Director,
Office of Management and Budget, to the Heads of
Executive Departments and Agencies 3 (Feb. 24,
2016), https://www.whitehouse.gov/sites/default/
files/omb/memoranda/2016/m-16-06.pdf.
16 5 U.S.C. 603(a), 604(a).
17 44 U.S.C. 3506-.
E:\FR\FM\26JNR1.SGM
26JNR1
Federal Register / Vol. 82, No. 121 / Monday, June 26, 2017 / Rules and Regulations
Authority: 31 U.S.C. 3809, 51 U.S.C.
20113(a).
§ 1264.102
[Amended]
2. In § 1264.102, paragraphs (a) and
(b), remove the number ‘‘$5,000’’ and
add in its place the number ‘‘$10,781’’.
■
PART 1271—NEW RESTRICTIONS ON
LOBBYING
3. The authority citation for part 1271
continues to read as follows:
■
Authority: Section 319, Pub. L. 101–121
(31 U.S.C. 1352); Pub. L. 97–258 (31 U.S.C.
6301 et seq.).
Subpart D—Penalties and Enforcement
§ 1271.400
[Amended]
4. In § 1271.400:
a. In paragraphs (a) and (b), remove
the words ‘‘not less than $10,000 and
not more than $100,000’’ and add in
their place the words ‘‘not less than
$18,936 and not more than $189,361’’;
and
■ b. In paragraph (e), remove the two
occurrences of ‘‘$10,000’’ and add in
their places ‘‘$18,936’’ and remove
‘‘$100,000’’ and add in its place
‘‘$189,361’’.
■
■
Appendix A to Part 1271 [Amended]
6. In appendix A to part 1271, in
paragraph following paragraph (3) and
in the last paragraph of the appendix,
remove the words ‘‘not less than
$10,000 and not more than $100,000’’
and add in their place the words ‘‘not
less than $18,936 and not more than
$189,361’’.
■
Cheryl E. Parker,
NASA Federal Register Liaison Officer.
[FR Doc. 2017–13209 Filed 6–23–17; 8:45 am]
BILLING CODE P
COMMODITY FUTURES TRADING
COMMISSION
17 CFR Parts 5, 11, 16, 17, 18, 19, 20,
21, 48, 140, and 150
RIN 3038–AE42
Commission Delegated Authority
Provisions and Technical Amendments
Commodity Futures Trading
Commission.
ACTION: Final rule.
sradovich on DSK3GMQ082PROD with RULES
AGENCY:
The Commodity Futures
Trading Commission (the
‘‘Commission’’ or ‘‘CFTC’’) is adopting
final rules to establish new and amend
certain existing delegations of authority
to Commission staff. The Commission is
also adopting amendments to update
SUMMARY:
VerDate Sep<11>2014
16:07 Jun 23, 2017
Jkt 241001
statutory authority citations and correct
limited typographical and technical
errors in certain rules.
DATES: This rule is effective June 26,
2017.
FOR FURTHER INFORMATION CONTACT:
David Van Wagner, Chief Counsel,
Division of Market Oversight, (202) 418–
5481, dvanwagner@cftc.gov; Jeanette
Curtis, Special Counsel, Division of
Market Oversight, (202) 418–5669,
jcurtis@cftc.gov; Gretchen L. Lowe,
Chief Counsel, Division of Enforcement,
(202) 418–5379, glowe@cftc.gov; or
Edward Wehner, IT Specialist, Office of
Data and Technology, (202) 418–6764,
ewehner@cftc.gov.
SUPPLEMENTARY INFORMATION:
I. Background
A. Commission Delegations of Authority
The Commission is adopting final
rules to establish new and amend
certain existing delegations of authority
to Commission staff. Previously, the
Commission delegated, to the Director
of the Division of Market Oversight
(‘‘DMO’’), various authorities for
implementing certain Commission
regulations.1 Many of these delegated
authorities have been carried out by
staff in DMO’s Surveillance Branch.
However, as a result of the recent
Commission organizational
restructuring, which moved DMO’s
Surveillance Branch to the Division of
Enforcement (‘‘DOE’’), the Commission
has completed a full review of DMO
delegated authorities and decided to
remove certain delegated authorities
from the DMO Director, other division
directors, and certain Commission staff.
The Commission is delegating such
authorities to the Director of DOE or the
Director of the Office of Data and
Technology (‘‘ODT’’). In addition, the
Commission is adding new delegations
of authority to certain of the part 48
provisions that govern the registration of
Foreign Boards of Trade (‘‘FBOT’’).
B. Statutory Authority Citations and
Technical Corrections
For certain regulations, the
Commission is revising the statutory
authority citations to reflect the most
current citation. On July 21, 2010,
President Obama signed the Wall Street
Reform and Consumer Protection Act
(the ‘‘Dodd-Frank Act’’) into law.2 Title
VII of the Dodd-Frank Act amended
1 17 CFR 5.20(d), 11.2(a), 16.07, 18.03, 19.00(a)(3),
20.8, 21.05, 140.72(a), 140.73, 140.74, 140.97,
150.3(b), and 150.4(e) (Commission delegations of
authority to the DMO Director prior to this final
rule).
2 Public Law 111–203, 124 Stat. 1376 (July 21,
2010).
PO 00000
Frm 00015
Fmt 4700
Sfmt 4700
28763
provisions of the Commodity Exchange
Act (‘‘CEA’’) 3 to establish a
comprehensive framework for the
regulation of swaps and security-based
swaps. However, according to the
Federal Register drafting handbook, it is
recommended that the Commission only
list the current United States Code
(‘‘U.S.C.’’) citation when it is available.4
As such, the Commission need only cite
the Dodd-Frank Act as the amending
statutory authority for each rule part
until such amendments are codified in
the U.S.C. Since the Dodd-Frank Act
provisions have been codified in the
U.S.C., the Commission is revising the
citation authority preceding certain
Commission regulations to reflect the
current U.S.C. citations.
In addition, the Commission is
amending certain of its regulations to
revise a limited number of
typographical and formatting errors, and
to delete a duplicate regulation.
II. Amended Regulations
A. Part 5
Part 5 of the Commission’s regulations
governs off-exchange foreign currency
transactions. Section 5.20(d) covers
Commission delegated authority to the
DMO Director to make special calls for
information on controlled accounts from
retail foreign exchange dealers, futures
commission merchants (‘‘FCMs’’) and
introducing brokers (‘‘IBs’’), and to
make special calls for information on
open contracts in accounts carried or
introduced by FCMs, IBs, and foreign
brokers. The Commission is amending
its delegation of authority in § 5.20(d) to
remove the DMO Director from its list
of delegates and to delegate such
authority to the DOE Director, or such
other employee or employees as the
Director may designate from time to
time. The Commission is also deleting
the Dodd-Frank Act reference from the
part 5 statutory authority citation.
B. Part 11
Part 11 of the Commission’s
regulations establishes rules relating to
investigations. Section 11.2(a) delegates
authority to the DOE Director, the
Director of the Division of Swap Dealer
and Intermediary Oversight (‘‘DSIO’’),
the Director of the Division of Clearing
and Risk (‘‘DCR’’), the Director of DMO,
the Chief Economist, and members of
their staffs acting within the scope of
their respective responsibilities, to
37
U.S.C. 1 et seq. (2012).
National Archives and Records
Administration, Office of the Federal Register,
Document Drafting Handbook, section 3.12
(Authority citations), 3–26 (May 2017 update,
Revision 2, June 7, 2017).
4 See
E:\FR\FM\26JNR1.SGM
26JNR1
]]>Agencies
[Federal Register Volume 82, Number 121 (Monday, June 26, 2017)]
[Rules and Regulations]
[Pages 28760-28763]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13209]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Parts 1264 and 1271
RIN 2700-AE30
[Document Number NASA-17-039: Docket Number--NASA-2017-0002]
Implementation of the Federal Civil Penalties Inflation
Adjustment Act
AGENCY: National Aeronautics and Space Administration.
ACTION: Interim final rule with request for public comment.
-----------------------------------------------------------------------
SUMMARY: The National Aeronautics and Space Administration (NASA) is
publishing for public comment an interim final rule to adjust the civil
monetary penalties within its jurisdiction for inflation, as required
by the Federal Civil Penalties Inflation Adjustment Act of 1990 (the
Inflation Adjustment Act or the Act), as amended by the Debt Collection
Improvement Act of 1996 and further amended by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act).
The revision to this rule is part of NASA's retrospective plan under
Executive Order (E.O.) 13563 completed in August 2011. NASA's full plan
can be accessed on the Agency's open Government Web site at https://www.nasa.gov/open/.
DATES: This interim final rule is effective August 25, 2017.
FOR FURTHER INFORMATION CONTACT: Bryan R. Diederich, Office of the
General Counsel, NASA Headquarters, telephone (202) 358-0216.
SUPPLEMENTARY INFORMATION:
[[Page 28761]]
I. Background
The Inflation Adjustment Act, as amended by the 2015 Act, requires
Federal agencies to adjust the civil penalty amounts within their
jurisdiction for inflation by July 1, 2016, and then by January 15
every year thereafter.\1\ Agencies must make the initial 2016
adjustments through an interim final rulemaking published in the
Federal Register.\2\ Under the amended Act, any increase in a civil
penalty made under the Act will apply to penalties assessed after the
increase takes effect, including penalties whose associated violation
predated the increase.\3\ The inflation adjustments mandated by the Act
serve to maintain the deterrent effect of civil penalties and to
promote compliance with the law.
---------------------------------------------------------------------------
\1\ See 28 U.S.C. 2461 note.
\2\ The statute also provides that, for the initial 2016
adjustment, an agency may adjust a civil penalty by less than the
otherwise required amount if (1) it determines, after publishing a
notice of proposed rulemaking and providing an opportunity for
comment, that increasing the civil penalty by the otherwise required
amount would have a negative economic impact or that the social
costs of increasing the civil penalty by the otherwise required
amount outweigh the benefits, and (2) the Director of the Office of
Management and Budget concurs with that determination. Inflation
Adjustment Act section 4(c), codified at 28 U.S.C. 2461 note. NASA
has chosen not to make use of this exception.
\3\ Inflation Adjustment Act section 6, codified at 28 U.S.C.
2461 note.
---------------------------------------------------------------------------
II. Method of Calculation
The Inflation Adjustment Act prescribes a specific method for
calculating the inflation adjustments.\4\ As amended by the 2015 Act,
the Act provides that the maximum (and minimum, if applicable) amounts
for each civil penalty must be increased by the ``cost-of-living
adjustment,'' a term that the Act defines. For purposes of the initial
adjustments that agencies must make by July 1, 2016, the ``cost-of-
living adjustment'' is defined as the percentage increase in the
Consumer Price Index between (1) October of the calendar year during
which the civil penalty amount was established or adjusted under a
provision of law other than the Inflation Adjustment Act and (2)
October 2015. The Consumer Price Index to be used for purposes of this
calculation is the Consumer Price Index for all urban consumers (CPI-U)
published by the Department of Labor.\5\ The Office of Management and
Budget (OMB) has published guidance for implementing this
requirement.\6\ OMB's guidance memorandum provides multipliers that
agencies should use to adjust penalty amounts based on the year the
penalty was established or last adjusted under authority other than the
Inflation Adjustment Act.
---------------------------------------------------------------------------
\4\ Inflation Adjustment Act section 5, codified at 28 U.S.C.
2461 note.
\5\ U.S. Dep't of Labor, Bureau of Labor Statistics, CPI Tables,
https://www.bls.gov/cpi/#tables.
\6\ Memorandum from Shaun Donovan, Director, Office of
Management and Budget, to the Heads of Executive Departments and
Agencies (Feb. 24, 2016), https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf.
---------------------------------------------------------------------------
To determine the new penalty amount, the agency must apply the
multiplier reflecting the ``cost-of-living adjustment'' \7\ to the
penalty amount as it was most recently established or adjusted under a
provision of law other than the Inflation Adjustment Act. The agency
must then round that amount to the nearest dollar.\8\ The increase made
by this initial adjustment may not exceed 150 percent of the penalty
amount in effect on the date the 2015 Act was enacted, November 2,
2015.
---------------------------------------------------------------------------
\7\ [thinsp]The multipliers reflecting the ``cost-of-living
adjustment'' that OMB provides are rounded to five decimal places.
NASA has used the OMB multipliers in calculating its civil penalty
adjustments.
\8\ In rounding to the nearest dollar, NASA has rounded down
where the digit immediately following the decimal point is less than
5 and has rounded up where the digit immediately following the
decimal point is 5 or greater.
---------------------------------------------------------------------------
III. Description of the Interim Final Rule
This interim final rule establishes the inflation-adjusted maximum
amounts for each civil penalty within NASA's jurisdiction. The
following table lists the civil penalties within NASA's jurisdiction
and summarizes the relevant information needed to calculate the
inflation adjustments pursuant to the statutory method.
----------------------------------------------------------------------------------------------------------------
Penalty amount Year penalty
as established established or
or last last adjusted Penalty amount
adjusted under under a in effect on
Law Penalty description a provision provision other November 2,
other than the than the 2015
Inflation Inflation
Adjustment Act Adjustment Act
----------------------------------------------------------------------------------------------------------------
Program Fraud Civil Remedies Act of Maximum penalties for $5,000 1986 $5,000
1986. false claims.
Department of the Interior and Minimum penalty for use 10,000 1989 10,000
Related Agencies Appropriations Act of appropriated funds
of 1989, Public Law 101-121, sec. to lobby or influence
319. certain contracts.
Department of the Interior and Maximum penalty for use 100,000 1989 100,000
Related Agencies Appropriations Act of appropriated funds
of 1989, Public Law 101-121, sec. to lobby or influence
319. certain contracts.
Department of the Interior and Minimum penalty for 10,000 1989 10,000
Related Agencies Appropriations Act failure to report
of 1989, Public Law 101-121, sec. certain lobbying
319. transactions.
Department of the Interior and Maximum penalty for 100,000 1989 100,000
Related Agencies Appropriations Act failure to report
of 1989, Public Law 101-121, sec. certain lobbying
319. transactions.
----------------------------------------------------------------------------------------------------------------
NASA followed the procedure outlined above in part II to calculate
the adjusted civil penalty amounts. In accordance with the statutory
requirements and OMB guidance, NASA multiplied each penalty amount as
established or last adjusted under a provision other than the Inflation
Adjustment Act by the OMB multiplier corresponding to the appropriate
year, and then rounded that amount to the nearest dollar, to calculate
the new, inflation-adjusted civil penalty amount. The following chart
summarizes the results of these calculations:
[[Page 28762]]
--------------------------------------------------------------------------------------------------------------------------------------------------------
Penalty amount Year penalty
as established established or
or last last adjusted OMB ``cost-of- New penalty
adjusted under under a living New penalty amount adjusted
Law Penalty description a provision provision other adjustment'' amount for 150%
other than the than the multiplier threshold
Inflation Inflation
Adjustment Act Adjustment Act
--------------------------------------------------------------------------------------------------------------------------------------------------------
Program Fraud Civil Remedies Act of Maximum Penalties for $5,000 1986 2.15628 $10,781 $10,781
1986. False Claims.
Department of the Interior and Related Minimum Penalty for use of 10,000 1989 1.89361 18,936 18,936
Agencies Appropriations Act of 1989, appropriated funds to
Public Law 101-121, sec. 319. lobby or influence
certain contracts.
Department of the Interior and Related Maximum Penalty for use of 100,000 1989 1.89361 189,361 189,361
Agencies Appropriations Act of 1989, appropriated funds to
Public Law 101-121, sec. 319. lobby or influence
certain contracts.
Department of the Interior and Related Minimum penalty for 10,000 1989 1.89361 18,936 18,936
Agencies Appropriations Act of 1989, failure to report certain
Public Law 101-121, sec. 319. lobbying transactions.
Department of the Interior and Related Maximum penalty for 100,000 1989 1.89361 189,361 189,361
Agencies Appropriations Act of 1989, failure to report certain
Public Law 101-121, sec. 319. lobbying transactions.
--------------------------------------------------------------------------------------------------------------------------------------------------------
This rule codifies these civil penalty amounts by amending parts
1264 and 1271 of title 14 of the CFR.
IV. Legal Authority and Effective Date
NASA issues this rule under the Federal Civil Penalties Inflation
Adjustment Act of 1990,\9\ as amended by the Debt Collection
Improvement Act of 1996,\10\ and further amended by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015,\11\ which
requires NASA to adjust the civil penalties within its jurisdiction for
inflation according to a statutorily prescribed formula.
---------------------------------------------------------------------------
\9\ Public Law 101-410, 104 Stat. 890 (1990).
\10\ Public Law 104-134, section 31001(s)(1), 110 Stat. 1321,
1321-373 (1996).
\11\ Public Law 114-74, section 701, 129 Stat. 584, 599 (2015).
---------------------------------------------------------------------------
The Administrative Procedure Act (APA) generally requires an agency
to publish a rule at least 30 days before its effective date.\12\ This
rule satisfies that requirement.
---------------------------------------------------------------------------
\12\ See 5 U.S.C. 533(d).
---------------------------------------------------------------------------
V. Request for Comment
Although notice and comment rulemaking procedures are not required,
NASA invites comments on this notice. Commenters are specifically
encouraged to identify any technical issues raised by the rule.
VI. Regulatory Requirements
Notice and Comment
Under the APA, notice and opportunity for public comment are not
required if NASA finds that notice and public comment are
impracticable, unnecessary, or contrary to the public interest.\13\
This interim final rule adjusts the civil penalty amounts within the
NASA's jurisdiction for inflation, as required by the Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended by the Debt
Collection Improvement Act of 1996 and further amended by the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The
amendments in this interim final rule are technical, and they merely
apply the statutory method for adjusting civil penalty amounts. For
these reasons, NASA has determined that publishing a notice of proposed
rulemaking and providing opportunity for public comment are
unnecessary. Moreover, the statute expressly requires NASA to make
these initial adjustments through an interim final rulemaking to be
published by July 1, 2016,\14\ and OMB's guidance confirms that
agencies need not complete a notice-and-comment process before
promulgating the rule.\15\ Therefore, the amendments are adopted in
final form.
---------------------------------------------------------------------------
\13\ 5 U.S.C. 533(b)(B).
\14\ Inflation Adjustment Action, section 4(b)(1)(A), codified
at 28 U.S.C. 2461 note.
\15\ Memorandum from Shaun Donovan, Director, Office of
Management and Budget, to the Heads of Executive Departments and
Agencies 3 (Feb. 24, 2016), https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf.
---------------------------------------------------------------------------
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required, the
Regulatory Flexibility Act does not require an initial or final
regulatory flexibility analysis.\16\
---------------------------------------------------------------------------
\16\ 5 U.S.C. 603(a), 604(a).
---------------------------------------------------------------------------
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995,\17\ NASA
reviewed this interim final rule. No collections of information
pursuant to the Paperwork Reduction Act are contained in the interim
final rule.
---------------------------------------------------------------------------
\17\ 44 U.S.C. 3506-.
---------------------------------------------------------------------------
List of Subjects in 14 CFR Parts 1264 and 1271
Claims, Penalties, Lobbying.
For the reasons stated in the preamble, the National Aeronautics
and Space Administration amends 14 CFR parts 1264 and 1271 as follows:
PART 1264--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT
OF 1986
0
1. The authority citation for part 1264 continues to read as follows:
[[Page 28763]]
Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a).
Sec. 1264.102 [Amended]
0
2. In Sec. 1264.102, paragraphs (a) and (b), remove the number
``$5,000'' and add in its place the number ``$10,781''.
PART 1271--NEW RESTRICTIONS ON LOBBYING
0
3. The authority citation for part 1271 continues to read as follows:
Authority: Section 319, Pub. L. 101-121 (31 U.S.C. 1352); Pub.
L. 97-258 (31 U.S.C. 6301 et seq.).
Subpart D--Penalties and Enforcement
Sec. 1271.400 [Amended]
0
4. In Sec. 1271.400:
0
a. In paragraphs (a) and (b), remove the words ``not less than $10,000
and not more than $100,000'' and add in their place the words ``not
less than $18,936 and not more than $189,361''; and
0
b. In paragraph (e), remove the two occurrences of ``$10,000'' and add
in their places ``$18,936'' and remove ``$100,000'' and add in its
place ``$189,361''.
Appendix A to Part 1271 [Amended]
0
6. In appendix A to part 1271, in paragraph following paragraph (3) and
in the last paragraph of the appendix, remove the words ``not less than
$10,000 and not more than $100,000'' and add in their place the words
``not less than $18,936 and not more than $189,361''.
Cheryl E. Parker,
NASA Federal Register Liaison Officer.
[FR Doc. 2017-13209 Filed 6-23-17; 8:45 am]
BILLING CODE P
