Annual Civil Monetary Penalties Inflation Adjustment, 2073-2075 [2018-00558]
Download as PDF
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
Paperwork Reduction Act of 1995 (44
U.S.C., Chapter 35)
This rulemaking will not impose any
‘‘information collection’’ requirements
under the Paperwork Reduction Act.
Under the act, information collection
means the obtaining or disclosure of
facts or opinions by or for an agency by
10 or more nonfederal persons.
Unfunded Mandates Act of 1995
(Section 202, Pub. L. 104–4)
This rulemaking does not contain a
Federal mandate that will result in the
expenditure by State, local, and tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year.
National Environmental Policy Act of
1969 (5 U.S.C. 804)
The final rule will not have
significant effect on the human
environment.
daltland on DSKBBV9HB2PROD with RULES
Small Business Regulatory Enforcement
Fairness Act of 1996 (Sec. 804, Pub. L.
104–121)
This final rule would not be a major
rule as defined in section 804 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. This final rule will
not result in an annual effect on the
economy of $100,000,000 or more, a
major increase in costs or prices,
significant adverse effects on
competition, employment, investment,
productivity, innovation, or on the
ability of United States-based
companies to compete with foreign
based companies in domestic and
export markets.
E-Government Act of 2002 (44 U.S.C.
3504)
Section 206 of the E-Government Act
requires agencies, to the extent
practicable, to ensure that all
information about that agency required
to be published in the Federal Register
is also published on a publicly
accessible website. All information
about the NEA required to be published
in the Federal Register may be accessed
at www.arts.gov. This Act also requires
agencies to accept public comments on
their rules ‘‘by electronic means.’’ See
heading ‘‘Public Participation’’ for
directions on electronic submission of
public comments on this final rule.
Finally, the E-Government Act
requires, to the extent practicable, that
agencies ensure that a publicly
accessible Federal Government website
contains electronic dockets for
rulemakings under the Administrative
Procedure Act of 1946 (5 U.S.C. 551 et
seq.). Under this Act, an electronic
docket consists of all submissions under
section 553(c) of title 5, United States
VerDate Sep<11>2014
17:55 Jan 12, 2018
Jkt 244001
Code; and all other materials that by
agency rule or practice are included in
the rulemaking docket under section
553(c) of title 5, United States Code,
whether or not submitted electronically.
The website https://
www.regulations.gov contains electronic
dockets for the NEA’s rulemakings
under the Administrative Procedure Act
of 1946.
Plain Writing Act of 2010 (5 U.S.C. 301)
Under this Act, the term ‘‘plain
writing’’ means writing that is clear,
concise, well-organized, and follows
other best practices appropriate to the
subject or field and intended audience.
To ensure that this rule has been written
in plain and clear language so that it can
be used and understood by the public,
the NEA has modeled the language of
this rule on the Federal Plain Language
Guidelines.
Public Participation
The NEA encourages public
participation by ensuring its
documentation is understandable by the
general public, and has written this final
rule in compliance with E.O. 13563 by
ensuring its accessibility, consistency,
simplicity of language, and overall
comprehensibility.
List of Subjects in 45 CFR Parts 1149
and 1158
Administrative practice and
procedure, Government contracts, Grant
programs, Loan programs, Lobbying,
Penalties.
For the reasons stated in the
preamble, the NEA amends 45 CFR
chapter XI, subchapter B, as follows:
PART 1149—PROGRAM FRAUD CIVIL
REMEDIES ACT REGULATIONS
1. The authority citation for part 1149
continues to read as follows:
■
Authority: 5 U.S.C. App. 8G(a)(2); 20
U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C.
3801–3812.
2. Revise § 1149.9(a)(1) to read as
follows:
■
§ 1149.9 What civil penalties and
assessments may I be subjected to?
(a) * * *
(1) A civil penalty of not more than
$10,957 for each false, fictitious or
fraudulent statement or claim; and
*
*
*
*
*
PART 1158—NEW RESTRICTIONS ON
LOBBYING
3. The authority citation for part 1158
continues to read as follows:
■
Authority: 20 U.S.C. 959; 28 U.S.C. 2461;
31 U.S.C. 1352.
PO 00000
Frm 00045
Fmt 4700
Sfmt 4700
2073
4. Revise § 1158.400(a), (b), and (e) to
read as follows:
■
§ 1158.400
Penalties.
(a) Any person who makes an
expenditure prohibited herein shall be
subject to a civil penalty of not less than
$19,639 and not more than $196,387 for
each such expenditure.
(b) Any person who fails to file or
amend the disclosure form (see
appendix B of this part) to be filed or
amended if required herein, shall be
subject to a civil penalty of not less than
$19,639 and not more than $196,387 for
each such failure.
*
*
*
*
*
(e) First offenders under paragraph (a)
or (b) of this section shall be subject to
a civil penalty of $19,639, absent
aggravating circumstances. Second and
subsequent offenses by persons shall be
subject to an appropriate civil penalty
between $19,639 and $196,387, as
determined by the agency head or his or
her designee.
*
*
*
*
*
Appendix A to Part 1158 [Amended]
5. Amend appendix A to part 1158 by:
a. Removing ‘‘$19,246’’ and adding in
its place ‘‘$19,639’’ each place it
appears.
■ b. Removing ‘‘$192,459’’ and adding
in its place ‘‘$196,387’’ each place it
appears.
■
■
Dated: January 9, 2018.
Jillian Miller,
Director of Guidelines and Panel Operations,
Administrative Services, National
Endowment for the Arts.
[FR Doc. 2018–00537 Filed 1–12–18; 8:45 am]
BILLING CODE P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Parts 1230 and 2554
RIN 3045–AA68
Annual Civil Monetary Penalties
Inflation Adjustment
Corporation for National and
Community Service.
ACTION: Interim final rule.
AGENCY:
The Corporation for National
and Community Service (CNCS) is
updating its regulations to reflect
required annual inflation-related
increases to the civil monetary penalties
in its regulations, pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015.
SUMMARY:
E:\FR\FM\16JAR1.SGM
16JAR1
2074
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
Effective date: This rule is
effective January 15, 2018.
Comment due date: Technical
comments may be submitted until
February 15, 2018.
ADDRESSES: You may send your
comments electronically through the
Federal government’s one-stop
rulemaking website at
www.regulations.gov. Also, you may
mail or deliver your comments to
Stephanie Soper, Law Office Manager,
Office of General Counsel, at the
Corporation for National and
Community Service, 250 E Street SW,
Washington, DC 20525. Due to
continued delays in CNCS’s receipt of
mail, we strongly encourage comments
to be submitted online electronically.
The TDD/TTY number is 800 833–3722.
You may request this notice in an
alternative format for the visually
impaired.
FOR FURTHER INFORMATION CONTACT:
Stephanie Soper, Law Office Manager,
Office of General Counsel, at 202–606–
6747 or email to ssoper@cns.gov.
Individuals who use a
telecommunications device for the deaf
(TTY–TDD) may call 800–833–3722
between 8:00 a.m. and 8:00 p.m. Eastern
Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
DATES:
daltland on DSKBBV9HB2PROD with RULES
I. Background
The Corporation for National and
Community Service (CNCS) is a federal
agency that engages more than five
million Americans in service through its
AmeriCorps, Senior Corps, and
Volunteer Generation Fund programs to
further its mission to improve lives,
strengthen communities, and foster
civic engagement through service and
volunteering. For more information,
visit NationalService.gov.
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Sec. 701 of Pub. L. 114–74) (the
‘‘Act’’), which is intended to improve
the effectiveness of civil monetary
penalties and to maintain the deterrent
effect of such penalties, requires
agencies to adjust the civil monetary
penalties for inflation annually.
II. Method of Calculation
CNCS has two civil monetary
penalties in its regulations. A civil
monetary penalty under the Act is a
penalty, fine, or other sanction that is
for a specific monetary amount as
provided by Federal law or has a
maximum amount provided for by
Federal law and is assessed or enforced
by an agency pursuant to Federal law
and is assessed or enforced pursuant to
an administrative proceeding or a civil
VerDate Sep<11>2014
17:55 Jan 12, 2018
Jkt 244001
action in the Federal courts. (See 28
U.S.C. 2461 note).
The inflation adjustment for each
applicable civil monetary penalty is
determined using the percent increase
in the Consumer Price Index for all
Urban Consumers (CPI–U) for the month
of October of the year in which the
amount of each civil money penalty was
most recently established or modified.
In the December 15, 2017, OMB Memo
for the Heads of Executive Agencies and
Departments, M–18–03, Implementation
of Penalty Inflation Adjustments for
2018, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015, OMB
published the multiplier for the
required annual adjustment. The costof-living adjustment multiplier for 2018,
based on the CPI–U for the month of
October 2017, not seasonally adjusted,
is 1.02041.
CNCS identified two civil penalties in
its regulations: (1) The penalty
associated with Restrictions on
Lobbying (45 CFR 1230.400) and (2) the
penalty associated with the Program
Fraud Civil Remedies Act (45 CFR
2554.1).
The civil monetary penalties related
to Restrictions on Lobbying (Section
319, Pub. L. 101–121; 31 U.S.C. 1352)
range from $19,246 to $192,459. Using
the 2018 multiplier, the new range of
possible civil monetary penalties is from
$19,639 to $196,387.
The Program Fraud Civil Remedies
Act of 1986 (Pub. L. 99–509) civil
monetary penalty has an upper limit of
$10,957. Using the 2018 multiplier, the
new upper limit of the civil monetary
penalty is $11,181.
553(b). Because CNCS is implementing
a final rule pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015, which
requires CNCS to update its regulations
based on a prescribed formula, CNCS
has no discretion in the nature or
amount of the change to the civil
monetary penalties. Therefore, notice
and comment for these proscribed
updates is impracticable and
unnecessary. As an interim final rule,
no further regulatory action is required
for the issuance of this legally binding
rule. If you would like to provide
technical comments, however, they may
be submitted until February 15, 2018.
III. Summary of Final Rule
Government contracts, Grant
programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping
requirements.
This final rule adjusts the civil
monetary penalty amounts related to
Restrictions on Lobbying (45 CFR
1230.400) and the Program Fraud Civil
Remedies Act of 1986 (45 CFR 2554.1).
The range of civil monetary penalties
related to Restrictions on Lobbying
increase from ‘‘$19,246 to $192,459’’ to
‘‘$19,639 to $196,387.’’ The civil
monetary penalties for the Program
Fraud Civil Remedies Act of 1986
increase from ‘‘up to $10,957’’ to ‘‘up to
$11,181.’’
IV. Regulatory Procedures
A. Determination of Good Cause for
Publication Without Notice and
Comment
CNCS finds, under 5 U.S.C.
553(b)(3)(B), that there is good cause to
except this rule from the public notice
and comment provisions of the
Administrative Procedure Act, 5 U.S.C.
PO 00000
Frm 00046
Fmt 4700
Sfmt 4700
B. Review Under Procedural Statutes
and Executive Orders
CNCS has determined that making
technical changes to the amount of civil
monetary penalties in its regulations
does not trigger any requirements under
procedural statutes and Executive
Orders that govern rulemaking
procedures.
V. Effective Date
This rule is effective January 15, 2018.
The adjusted civil penalty amounts
apply to civil penalties assessed on or
after January 15, 2018, when the
violation occurred after November 2,
2015. If the violation occurred prior to
November 2, 2015, or a penalty was
assessed prior to August 1, 2016, the
pre-adjustment civil penalty amounts in
effect prior to August 1, 2106, will
apply.
List of Subjects
45 CFR Part 1230
45 CFR Part 2554
Claims, Fraud, Organization and
functions (Government agencies),
Penalties.
For the reasons discussed in the
preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for
National and Community Service
amends chapters XII and XXV, title 45
of the Code of Federal Regulations as
follows:
PART 1230—NEW RESTRICTIONS ON
LOBBYING
1. The authority citation for part 1230
continues to read as follows:
■
Authority: Section 319, Pub. L. 101–121
(31 U.S.C. 1352); Pub. L. 93–113; 42 U.S.C.
4951, et seq.; 42 U.S.C. 5060.
E:\FR\FM\16JAR1.SGM
16JAR1
Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations
§ 1230.400
[Amended]
2. Amend § 1230.400 by:
a. In paragraphs (a), (b), and (e),
removing ‘‘$19,246’’ and adding in its
place ‘‘$19,639’’ each place it appears.
■ b. In paragraphs (a), (b), and (e),
removing ‘‘$192,459’’ and adding in its
place ‘‘$196,387’’ each place it appears.
■
■
Appendix A to Part 1230 [Amended]
3. Amend appendix A to part 1230 by:
a. Removing ‘‘$19,246’’ and adding in
its place ‘‘$19,639’’ each place it
appears.
■ b. Removing ‘‘$192,459’’ and adding
in its place ‘‘$196,387’’ each place it
appears.
■
■
PART 2554—PROGRAM FRAUD CIVIL
REMEDIES ACT REGULATIONS
4. The authority citation for part 2554
continues to read as follows:
■
Authority: Pub. L. 99–509, Secs. 6101–
6104, 100 Stat. 1874 (31 U.S.C. 3801–3812);
42 U.S.C. 12651c–12651d.
§ 2554.1
[Amended]
5. Amend § 2554.1 by removing
‘‘$10,957’’ in paragraph (b) and adding
in its place ‘‘$11,181.’’
■
Dated: January 5, 2018.
Tim Noelker,
General Counsel.
[FR Doc. 2018–00558 Filed 1–12–18; 8:45 am]
BILLING CODE 6050–28–P
I. Introduction
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 17–287, 11–42, 09–197;
FCC 17–155]
Bridging the Digital Divide for LowIncome Consumers, Lifeline and Link
Up Reform and Modernization,
Telecommunications Carriers Eligible
for Universal Service Support
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In this document, the Federal
Communications Commission
(Commission) takes a fresh look at the
Commission’s Lifeline program and
makes changes to the Lifeline rules to
ensure that the program can more
effectively and efficiently help close the
digital divide for low-income
consumers, while minimizing the
contributions burden on ratepayers by
tackling waste, fraud, and abuse.
DATES: Effective February 15, 2018,
except for § 54.411, which will become
daltland on DSKBBV9HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:55 Jan 12, 2018
Jkt 244001
effective March 19, 2018, and
§§ 54.403(a)(3), 54.413, and 54.414
which contain information collection
requirements that have not been
approved by OMB. The Federal
Communications Commission will
publish a document in the Federal
Register announcing the effective date
of those rules awaiting OMB approval.
FOR FURTHER INFORMATION CONTACT:
Jodie Griffin, Wireline Competition
Bureau, (202) 418–7400 or TTY: (202)
418–0484.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Fourth
Report and Order, Order on
Reconsideration, and Memorandum
Opinion and Order in WC Docket Nos.
17–287, 11–42, 09–197; FCC 17–155,
adopted on November 16, 2017 and
released on December 1, 2017. The full
text of this document is available for
public inspection during regular
business hours in the FCC Reference
Center, Room CY–A257, 445 12th Street
SW, Washington, DC 20554 or at the
following internet address: https://
transition.fcc.gov/Daily_Releases/Daily_
Business/2017/db1201/FCC-17155A1.pdf. The Notice of Proposed
Rulemaking (NPRM) and Notice of
Inquiry (NOI) that was adopted
concurrently with the Fourth Report
and Order, Order on Reconsideration,
Memorandum Opinion and Order are
published elsewhere in this issue of the
Federal Register.
1. This Fourth Report and Order,
Order on Reconsideration, and
Memorandum Opinion and Order takes
a series of steps to address ongoing areas
of concern in the Lifeline program to
prevent waste, fraud, and abuse.
Specifically, the Orders target enhanced
Lifeline support to residents of rural
areas on Tribal lands, establish mapping
resources to identify rural Tribal lands,
require independent certification of
residency on rural Tribal lands, and
direct enhanced support to facilitiesbased providers. In addition, this
document makes changes to increase
Lifeline benefit portability by
eliminating the port freezes for voice
and broadband internet access services.
This document also clarifies that
‘‘premium Wi-Fi’’ and other similar
networks of Wi-Fi-delivered broadband
internet access service do not qualify as
mobile broadband under the Lifeline
program rules. Together, the Orders
target enhanced Lifeline support for
Tribal lands to support the deployment
of modern communications networks,
promote consumer choice within the
program, and remove uncertainty and
PO 00000
Frm 00047
Fmt 4700
Sfmt 4700
2075
streamline our rules regarding the
application of Lifeline support and
eligibility for Lifeline reimbursement.
II. Fourth Report and Order
2. In this Fourth Report and Order,
the Commission adopts several reforms
to our Tribal Lifeline policies to
increase the availability and
affordability of high-quality
communications services on Tribal
lands. The Commission first targets
enhanced Lifeline support on Tribal
lands to residents of rural areas on
Tribal lands. Since 2000, the Lifeline
and Link Up programs have provided an
enhanced subsidy of up to an additional
$25 per month for service provided to
qualified residents of Tribal lands, and
a Link Up reduction of up to $100 for
the cost to initiate supported service for
qualifying residents of Tribal lands.
This targeted support is in recognition
of not only the low income levels but
also the particularly poor connectivity
on many Tribal lands. When it adopted
the enhanced Lifeline Tribal subsidy,
the Commission noted that the
‘‘unavailability or unaffordability of
telecommunications service on Tribal
lands is at odds with our statutory goal
of ensuring access to such services to
‘[c]onsumers in all regions of the
Nation, including low-income
consumers,’’’ and explained that the
added Lifeline and Link Up support
would help lead to the deployment of
more robust networks. While the
Commission provided the enhanced
support as a discount on services, that
support was focused to most efficiently
encourage ‘‘investment and
deployment’’ in facilities, especially
since all Lifeline providers in the
program at the time were facilitiesbased. Because of an overly-broad
definition of the geographic areas
eligible for the enhanced subsidy,
however, many areas where this
enhanced subsidy is currently available
are not lacking in either voice or
broadband networks. To remedy this,
the Commission refines its approach to
target enhanced Lifeline support to
residents of rural areas on Tribal lands.
Focusing the enhanced subsidy for
Tribal lands on rural areas is consistent
with the enhanced subsidy’s purpose
and will ensure that the Fund is better
directed toward the residents of Tribal
lands who typically have the least
choice for communications services.
3. The Commission believes that
targeting enhanced support toward
rural, facilities-based providers is
consistent with the intent of the 2000
Tribal Order, 65 FR 47883, August 4,
2000. While the 2000 Tribal Order
referenced reducing the costs of
E:\FR\FM\16JAR1.SGM
16JAR1
Agencies
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)]
[Rules and Regulations]
[Pages 2073-2075]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-00558]
=======================================================================
-----------------------------------------------------------------------
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 1230 and 2554
RIN 3045-AA68
Annual Civil Monetary Penalties Inflation Adjustment
AGENCY: Corporation for National and Community Service.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Corporation for National and Community Service (CNCS) is
updating its regulations to reflect required annual inflation-related
increases to the civil monetary penalties in its regulations, pursuant
to the Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015.
[[Page 2074]]
DATES: Effective date: This rule is effective January 15, 2018.
Comment due date: Technical comments may be submitted until
February 15, 2018.
ADDRESSES: You may send your comments electronically through the
Federal government's one-stop rulemaking website at
www.regulations.gov. Also, you may mail or deliver your comments to
Stephanie Soper, Law Office Manager, Office of General Counsel, at the
Corporation for National and Community Service, 250 E Street SW,
Washington, DC 20525. Due to continued delays in CNCS's receipt of
mail, we strongly encourage comments to be submitted online
electronically. The TDD/TTY number is 800 833-3722. You may request
this notice in an alternative format for the visually impaired.
FOR FURTHER INFORMATION CONTACT: Stephanie Soper, Law Office Manager,
Office of General Counsel, at 202-606-6747 or email to [email protected].
Individuals who use a telecommunications device for the deaf (TTY-TDD)
may call 800-833-3722 between 8:00 a.m. and 8:00 p.m. Eastern Time,
Monday through Friday.
SUPPLEMENTARY INFORMATION:
I. Background
The Corporation for National and Community Service (CNCS) is a
federal agency that engages more than five million Americans in service
through its AmeriCorps, Senior Corps, and Volunteer Generation Fund
programs to further its mission to improve lives, strengthen
communities, and foster civic engagement through service and
volunteering. For more information, visit NationalService.gov.
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (Sec. 701 of Pub. L. 114-74) (the ``Act''), which is
intended to improve the effectiveness of civil monetary penalties and
to maintain the deterrent effect of such penalties, requires agencies
to adjust the civil monetary penalties for inflation annually.
II. Method of Calculation
CNCS has two civil monetary penalties in its regulations. A civil
monetary penalty under the Act is a penalty, fine, or other sanction
that is for a specific monetary amount as provided by Federal law or
has a maximum amount provided for by Federal law and is assessed or
enforced by an agency pursuant to Federal law and is assessed or
enforced pursuant to an administrative proceeding or a civil action in
the Federal courts. (See 28 U.S.C. 2461 note).
The inflation adjustment for each applicable civil monetary penalty
is determined using the percent increase in the Consumer Price Index
for all Urban Consumers (CPI-U) for the month of October of the year in
which the amount of each civil money penalty was most recently
established or modified. In the December 15, 2017, OMB Memo for the
Heads of Executive Agencies and Departments, M-18-03, Implementation of
Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015, OMB
published the multiplier for the required annual adjustment. The cost-
of-living adjustment multiplier for 2018, based on the CPI-U for the
month of October 2017, not seasonally adjusted, is 1.02041.
CNCS identified two civil penalties in its regulations: (1) The
penalty associated with Restrictions on Lobbying (45 CFR 1230.400) and
(2) the penalty associated with the Program Fraud Civil Remedies Act
(45 CFR 2554.1).
The civil monetary penalties related to Restrictions on Lobbying
(Section 319, Pub. L. 101-121; 31 U.S.C. 1352) range from $19,246 to
$192,459. Using the 2018 multiplier, the new range of possible civil
monetary penalties is from $19,639 to $196,387.
The Program Fraud Civil Remedies Act of 1986 (Pub. L. 99-509) civil
monetary penalty has an upper limit of $10,957. Using the 2018
multiplier, the new upper limit of the civil monetary penalty is
$11,181.
III. Summary of Final Rule
This final rule adjusts the civil monetary penalty amounts related
to Restrictions on Lobbying (45 CFR 1230.400) and the Program Fraud
Civil Remedies Act of 1986 (45 CFR 2554.1). The range of civil monetary
penalties related to Restrictions on Lobbying increase from ``$19,246
to $192,459'' to ``$19,639 to $196,387.'' The civil monetary penalties
for the Program Fraud Civil Remedies Act of 1986 increase from ``up to
$10,957'' to ``up to $11,181.''
IV. Regulatory Procedures
A. Determination of Good Cause for Publication Without Notice and
Comment
CNCS finds, under 5 U.S.C. 553(b)(3)(B), that there is good cause
to except this rule from the public notice and comment provisions of
the Administrative Procedure Act, 5 U.S.C. 553(b). Because CNCS is
implementing a final rule pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, which requires CNCS
to update its regulations based on a prescribed formula, CNCS has no
discretion in the nature or amount of the change to the civil monetary
penalties. Therefore, notice and comment for these proscribed updates
is impracticable and unnecessary. As an interim final rule, no further
regulatory action is required for the issuance of this legally binding
rule. If you would like to provide technical comments, however, they
may be submitted until February 15, 2018.
B. Review Under Procedural Statutes and Executive Orders
CNCS has determined that making technical changes to the amount of
civil monetary penalties in its regulations does not trigger any
requirements under procedural statutes and Executive Orders that govern
rulemaking procedures.
V. Effective Date
This rule is effective January 15, 2018. The adjusted civil penalty
amounts apply to civil penalties assessed on or after January 15, 2018,
when the violation occurred after November 2, 2015. If the violation
occurred prior to November 2, 2015, or a penalty was assessed prior to
August 1, 2016, the pre-adjustment civil penalty amounts in effect
prior to August 1, 2106, will apply.
List of Subjects
45 CFR Part 1230
Government contracts, Grant programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping requirements.
45 CFR Part 2554
Claims, Fraud, Organization and functions (Government agencies),
Penalties.
For the reasons discussed in the preamble, under the authority of
42 U.S.C. 12651c(c), the Corporation for National and Community Service
amends chapters XII and XXV, title 45 of the Code of Federal
Regulations as follows:
PART 1230--NEW RESTRICTIONS ON LOBBYING
0
1. The authority citation for part 1230 continues to read as follows:
Authority: Section 319, Pub. L. 101-121 (31 U.S.C. 1352); Pub.
L. 93-113; 42 U.S.C. 4951, et seq.; 42 U.S.C. 5060.
[[Page 2075]]
Sec. 1230.400 [Amended]
0
2. Amend Sec. 1230.400 by:
0
a. In paragraphs (a), (b), and (e), removing ``$19,246'' and adding in
its place ``$19,639'' each place it appears.
0
b. In paragraphs (a), (b), and (e), removing ``$192,459'' and adding in
its place ``$196,387'' each place it appears.
Appendix A to Part 1230 [Amended]
0
3. Amend appendix A to part 1230 by:
0
a. Removing ``$19,246'' and adding in its place ``$19,639'' each place
it appears.
0
b. Removing ``$192,459'' and adding in its place ``$196,387'' each
place it appears.
PART 2554--PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS
0
4. The authority citation for part 2554 continues to read as follows:
Authority: Pub. L. 99-509, Secs. 6101-6104, 100 Stat. 1874 (31
U.S.C. 3801-3812); 42 U.S.C. 12651c-12651d.
Sec. 2554.1 [Amended]
0
5. Amend Sec. 2554.1 by removing ``$10,957'' in paragraph (b) and
adding in its place ``$11,181.''
Dated: January 5, 2018.
Tim Noelker,
General Counsel.
[FR Doc. 2018-00558 Filed 1-12-18; 8:45 am]
BILLING CODE 6050-28-P