Adjustment of Civil Monetary Penalty Amounts for 2018, 32790-32794 [2018-15116]
Download as PDF
<![CDATA[
32790
Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations
date of publication of the notice. After
consideration of any comments or
objections, or after a hearing if one is
ordered by the Administrator, the
Administrator shall issue and publish in
the Federal Register his final order
determining the aggregate production
quota for the basic class of controlled
substances. The order shall include the
findings of fact and conclusions of law
upon which the order is based. The
order shall specify the date on which it
shall take effect. A copy of said order
shall be mailed simultaneously to each
person registered as a bulk manufacturer
of the basic class and transmitted to
each state attorney general.
■ 3. In § 1303.12, paragraph (b), add
after the fifth sentence a new sentence
to read as follows:
§ 1303.12
Procurement quotas.
*
*
*
*
*
(b) * * * The Administrator may
require additional information from an
applicant which, in the Administrator’s
judgment, may be helpful in detecting
or preventing diversion, including
customer identities and amounts of the
controlled substance sold to each
customer. * * *
*
*
*
*
*
■ 4. In § 1303.13, revise paragraphs
(b)(1) and (c) to read as follows:
§ 1303.13 Adjustments of aggregate
production quotas.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(b) * * *
(1) Changes in the demand for that
class, changes in the national rate of net
disposal of the class, changes in the rate
of net disposal of the class by registrants
holding individual manufacturing
quotas for that class, and changes in the
extent of any diversion in the class;
*
*
*
*
*
(c) The Administrator in the event he
determines to increase or reduce the
aggregate production quota for a basic
class of controlled substance, shall
publish in the Federal Register general
notice of an adjustment in the aggregate
production quota for that class
determined by him under this section.
A copy of said notice shall be mailed
simultaneously to each person
registered as a bulk manufacturer of the
basic class and transmitted to each state
attorney general. The Administrator
shall permit any interested person to file
written comments on or objections to
the proposal and shall designate in the
notice the time during which such
filings may be made. The Administrator
may, but shall not be required to, hold
a public hearing on one or more issues
raised by the comments and objections
VerDate Sep<11>2014
16:38 Jul 13, 2018
Jkt 244001
filed with him, except that the
Administrator shall hold a hearing if he
determines it is necessary to resolve an
issue of material fact raised by a state
objecting to the proposed adjusted quota
as excessive for legitimate United States’
needs. In the event the Administrator
decides to hold a hearing, he shall
publish notice of the hearing in the
Federal Register, which notice shall
summarize the issues to be heard and
shall set the time for the hearing, which
shall not be less than 10 days after the
date of publication of the notice. After
consideration of any comments or
objections, or after a hearing if one is
ordered by the Administrator, the
Administrator shall issue and publish in
the Federal Register his final order
determining the aggregate production
for the basic class of controlled
substance. The order shall include the
findings of fact and conclusions of law
upon which the order is based. The
order shall specify the date on which it
shall take effect. A copy of said order
shall be mailed simultaneously to each
person registered as a bulk manufacturer
of the basic class and transmitted to
each state attorney general.
§ 1303.21
[Amended]
5. In § 1303.21, in paragraph (a),
remove ‘‘§§ ’’ in the second sentence
and add in its place ‘‘§ ’’.
■ 6. In § 1303.22:
■ a. In paragraph (c)(2), remove the
word ‘‘econolic’’ and add in its place
the word ‘‘economic’’.
■ b. Add paragraph (d).
The addition reads as follows:
■
§ 1303.22 Procedure for applying for
individual manufacturing quotas.
*
*
*
*
*
(d) The Administrator may require
additional information from an
applicant which, in the Administrator’s
judgment, may be helpful in detecting
or preventing diversion, including
customer identities and amounts of the
controlled substance sold to each
customer.
§ 1303.23
[Amended]
7. In § 1303.23, add the phrase ‘‘the
extent of any diversion of the controlled
substance,’’ after ‘‘strikes),’’ in
paragraph (a)(2), and add the phrase
‘‘any risk of diversion of the controlled
substance,’’ after ‘‘strikes),’’ in
paragraph (b)(2).
■
§ 1303.32
[Amended]
8. In § 1303.32, in paragraph (a), add
the phrase ‘‘and shall, if determined by
the Administrator to be necessary under
§ 1303.11(c) or 1303.13(c) based on
■
PO 00000
Frm 00032
Fmt 4700
Sfmt 4700
objection by a state,’’ before ‘‘hold a
hearing’’.
Dated: July 11, 2018.
Uttam Dhillon,
Acting Administrator.
[FR Doc. 2018–15141 Filed 7–13–18; 8:45 am]
BILLING CODE 4410–09–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 28, 30, 87, 180, and 3282
[Docket No. FR–6076–F–01]
RIN 2501–AD86
Adjustment of Civil Monetary Penalty
Amounts for 2018
AGENCY:
Office of the General Counsel,
HUD.
ACTION:
Final rule.
This rule provides for 2018
inflation adjustments of civil monetary
penalty amounts required by the Federal
Civil Penalties Inflation Adjustment Act
of 1990, as amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015.
DATES: Effective date for 2018 inflation
adjustment: August 15, 2018.
FOR FURTHER INFORMATION CONTACT:
Dane Narode, Associate General
Counsel, Office of Program
Enforcement, Department of Housing
and Urban Development, 1250
Maryland Avenue SW, Suite 200,
Washington, DC 20024; telephone
number 202–245–4141 (this is not a tollfree number). Hearing- or speechimpaired individuals may access this
number via TTY by calling the Federal
Information Relay Service, toll-free, at
800–877–8339.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (the 2015 Act) (Pub. L. 114–74,
Sec. 701), which further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410), requires agencies to make annual
adjustments to civil monetary penalty
(CMP) amounts for inflation
‘‘notwithstanding section 553 of title 5,
United States Code.’’ Section 553 refers
to the Administrative Procedure Act,
which might otherwise require a delay
for advance notice and opportunity for
public comment on future annual
inflation adjustments. This annual
adjustment is for 2018.
The annual adjustment is based on
the percent change between the U.S.
E:\FR\FM\16JYR1.SGM
16JYR1
Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations
Department of Labor’s Consumer Price
Index for All Urban Consumers (‘‘CPI–
U’’) for the month of October preceding
the date of the adjustment, and the CPI–
U for October of the prior year (28
U.S.C. 2461 note, section (5)(b)(1)).
Based on that formula, the cost-of-living
adjustment multiplier for 2018 is
1.02041.1 Pursuant to the 2015 Act,
adjustments are rounded to the nearest
dollar.2
II. This Final Rule
This rule makes the required 2018
inflation adjustment. Since HUD is not
applying these adjustments
retroactively, the 2018 increases apply
to violations occurring on or after this
rule’s effective date. For each
component, HUD provides a table
showing how the penalties are being
adjusted for 2018 pursuant to the 2015
Act. In the first column (‘‘Description’’),
HUD provides a description of the
penalty. In the second column
Regulatory
citation
(24 CFR)
Description
Statutory citation
False Claims & Statements .......
Omnibus Budget Reconciliation
Act of 1986 (31 U.S.C.
3802(a)(1)).
Department of Housing and
Urban Development Act (42
U.S.C. 3537a(c)).
Department of Housing and
Urban Development Act (42
U.S.C. 3545(f)).
HUD Reform Act of 1989 (12
U.S.C. 1735f–14(a)(2)).
HUD Reform Act of 1989 (12
U.S.C. 1735f–14(a)(2)).
Housing Community Development Act of 1992 (12 U.S.C.
1715z–13a(g)(2)).
HUD Reform Act of 1989 (12
U.S.C. 1735f–15(c)(2)).
HUD Reform Act of 1989 (12
U.S.C. 1723i(b)).
HUD Reform Act of 1989 (12
U.S.C. 1703).
Title
X—Residential
LeadBased Paint Hazard Reduction Act of 1992 (42 U.S.C.
4852d(b)(1)).
Multifamily Assisted Housing
Reform and Affordability Act
of 1997 (42 U.S.C. 1437z–
1(b)(2)).
The Lobbying Disclosure Act of
1995 (31 U.S.C. 1352).
Fair Housing Amendments Act
of
1988
(42
U.S.C.
3612(g)(3)).
Advance Disclosure of Funding
Disclosure of Subsidy Layering
FHA Mortgagees and Lenders
Violations.
Other FHA Participants Violations.
Indian Loan Mortgagees Violations.
Multifamily & Section 202 or 811
Owners Violations.
Ginnie Mae Issuers &
Custodians Violations.
Title I Broker & Dealers Violations.
Lead Disclosure Violation ..........
Section 8 Owners Violations .....
Lobbying Violation .....................
Fair Housing Act Civil Penalties
Manufactured Housing Regulations Violation.
Housing Community Development Act of 1974 (42 U.S.C.
5410).
sradovich on DSK3GMQ082PROD with RULES
II. Justification for Final Rulemaking
for the 2018 Adjustments
HUD generally publishes regulations
for public comment before issuing a rule
for effect, in accordance with its own
regulations on rulemaking in 24 CFR
part 10. However, part 10 provides for
1 Office of Management and Budget, M–18–03,
Memorandum for the Heads of Executive
Departments and Agencies, Implementation of
Penalty Inflation Adjustments for 2018, Pursuant to
VerDate Sep<11>2014
16:38 Jul 13, 2018
Jkt 244001
32791
(‘‘Statutory Citation’’), HUD provides
the United States Code statutory citation
providing for the penalty. In the third
column (‘‘Regulatory Citation’’), HUD
provides the Code of Federal
Regulations citation under Title 24 for
the penalty. In the fourth column
(‘‘Previous Amount’’), HUD provides the
amount of the penalty pursuant to the
rule implementing the 2017 adjustment
(82 FR 24521, May 30, 2017). In the fifth
column (‘‘2018 Adjusted Amount’’),
HUD lists the penalty after applying the
2018 inflation adjustment.
Previous amount
2018 Adjusted amount
28.10
$10,957 .....................................
$11,181.
30.20
$19,246 .....................................
$19,639.
30.25
$19,246 .....................................
$19,639.
30.35
Per
Per
Per
Per
Per
Per
Per
Per
Per
Per
Per
Per
30.36
30.40
Violation: $9,623
Year: $1,924,589
Violation: $9,623
Year: $1,924,589
Violation: $9,623
Year: $1,924,589
................
................
................
................
................
................
Violation: $9,819.
Year: $1,963,870.
Violation: $9,819.
Year: $1,963,870.
Violation: $9,819.
Year: $1,963,870.
30.45
$48,114 .....................................
$49,096.
30.50
30.65
Per Violation: $9,623 ................
Per Year: $1,924,589 ................
Per Violation: $9,623 ................
Per Year: $1,924,589 ................
$17,047 .....................................
Per Violation: $9,819.
Per Year: $1,963,870.
Per Violation: $9,819.
Per Year: $1,963,870.
$17,395.
30.68
$37,396 .....................................
$38,159.
87.400
Min: $19,246 .............................
Max: $192,459 ..........................
No Priors: $20,111 ....................
One Prior: $50,276 ...................
Two or More Priors: $100,554 ..
Min: $19,639.
Max: $196,387.
No Priors: $20,521.
One Prior: $51,302.
Two or More Priors:
$102,606.
Per Violation: $2,852.
Per Year: $3,565,045.
30.60
180.671(a)
3282.10
Per Violation: $2,795 ................
Per Year: $3,493,738 ................
exceptions to the general rule if the
agency finds good cause to omit
advanced notice and public
participation. The good cause
requirement is satisfied when prior
public procedure is ‘‘impractical,
unnecessary, or contrary to the public
interest’’ (see 24 CFR 10.1). As
discussed, this rule makes the required
2018 inflation adjustment, which HUD
does not have discretion to change.
Moreover, the 2015 Act specifies that a
delay in the effective date under the
Administrative Procedure Act is not
required for annual adjustments under
the 2015 Act. HUD has determined,
the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. (https://
www.whitehouse.gov/wp-content/uploads/2017/11/
M-18-03.pdf). (October 2017 CPI–U (246.663)/
October 2016 CPI–U (241.729) = 1.02041.)
2 28 U.S.C. 2461 note.
PO 00000
Frm 00033
Fmt 4700
Sfmt 4700
E:\FR\FM\16JYR1.SGM
16JYR1
32792
Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations
therefore, that it is unnecessary to delay
the effectiveness of the 2018 inflation
adjustments to solicit prior public
comments.
Section 7(o) of the Department of
Housing and Urban Development Act
(42 U.S.C. 3535(o)) requires that any
HUD regulation implementing any
provision of the Department of Housing
and Urban Development Reform Act of
1989 that authorizes the imposition of a
civil money penalty may not become
effective until after the expiration of a
public comment period of not less than
60 days. This rule does not authorize
the imposition of a civil money
penalty—rather, it makes a standard
inflation adjustment to penalties that
were previously authorized. As noted
above, the 2018 inflation adjustments
are made in accordance with a
statutorily prescribed formula that does
not provide for agency discretion.
Accordingly, a delay in the effectiveness
of the 2018 inflation adjustments in
order to provide the public with an
opportunity to comment is unnecessary
because the 2015 Act exempts the
adjustments from the need for delay, the
rule does not authorize the imposition
of a civil money penalty, and, in any
event, HUD would not have the
discretion to make changes as a result of
any comments.
sradovich on DSK3GMQ082PROD with RULES
IV. Findings and Certifications
Regulatory Review—Executive Orders
12866 and 13563
Under Executive Order 12866
(Regulatory Planning and Review), a
determination must be made whether a
regulatory action is significant and,
therefore, subject to review by the Office
of Management and Budget (OMB) in
accordance with the requirements of the
order. Executive Order 13563
(Improving Regulations and Regulatory
Review) directs executive agencies to
analyze regulations that are ‘‘outmoded,
ineffective, insufficient, or excessively
burdensome, and to modify, streamline,
expand, or repeal them in accordance
with what has been learned. Executive
Order 13563 also directs that, where
relevant, feasible, and consistent with
regulatory objectives, and to the extent
permitted by law, agencies are to
identify and consider regulatory
approaches that reduce burdens and
maintain flexibility and freedom of
choice for the public. Executive Order
13771 (Reducing Regulation and
Controlling Regulatory Costs) requires
that for every new regulation issued, at
least two prior regulations be identified
for removal, and that the cost of planned
regulations be prudently managed and
controlled through a budgeting process.
VerDate Sep<11>2014
16:38 Jul 13, 2018
Jkt 244001
As discussed above in this preamble,
this final rule adjusts existing civil
monetary penalties for inflation by a
statutorily required amount.
As a result of this review, OMB
determined that this rule was not
significant under Executive Order 12866
and Executive Order 13563. Moreover,
as this rule is not a significant
regulatory action under Executive Order
12866, it is not considered an Executive
Order 13771 regulatory action.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
(5 U.S.C. 601 et seq.) generally requires
an agency to conduct a regulatory
flexibility analysis of any rule subject to
notice and comment rulemaking
requirements, unless the agency certifies
that the rule will not have a significant
economic impact on a substantial
number of small entities. Because HUD
has determined that good cause exists to
issue this rule without prior public
comment, this rule is not subject to the
requirement to publish an initial or final
regulatory flexibility analysis under the
RFA as part of such action.
Unfunded Mandates Reform
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA) 3
requires that an agency prepare a
budgetary impact statement before
promulgating a rule that includes a
Federal mandate that may 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. If a budgetary impact
statement is required, section 205 of
UMRA also requires an agency to
identity and consider a reasonable
number of regulatory alternatives before
promulgating a rule.4 However, the
UMRA applies only to rules for which
an agency publishes a general notice of
proposed rulemaking. As discussed
above, HUD has determined, for good
cause, that prior notice and public
comment is not required on this rule
and, therefore, the UMRA does not
apply to this final rule.
Executive Order 13132, Federalism
Executive Order 13132 (entitled
‘‘Federalism’’) prohibits an agency from
publishing any rule that has federalism
implications if the rule either imposes
substantial direct compliance costs on
State and local governments and is not
required by statute, or the rule preempts
State law, unless the agency meets the
consultation and funding requirements
of section 6 of the Executive Order. This
PO 00000
32
42
Fmt 4700
Environmental Review
This interim final rule does not direct,
provide for assistance or loan and
mortgage insurance for, or otherwise
govern, or regulate, real property
acquisition, disposition, leasing,
rehabilitation, alteration, demolition, or
new construction, or establish, revise, or
provide for standards for construction or
construction materials, manufactured
housing, or occupancy. Accordingly,
under 24 CFR 50.19(c)(1), this final rule
is categorically excluded from
environmental review under the
National Environmental Policy Act of
1969 (42 U.S.C. 4321).
List of Subjects
24 CFR Part 28
Administrative practice and
procedure, Claims, Fraud, Penalties.
24 CFR Part 30
Administrative practice and
procedure, Grant programs-housing and
community development, Loan
programs-housing and community
development, Mortgage insurance,
Penalties.
24 CFR Part 87
Government contracts, Grant
programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping
requirements.
24 CFR Part 180
Administrative practice and
procedure, Aged, Civil rights, Fair
housing, Individuals with disabilities,
Investigations, Mortgages, Penalties,
Reporting and recordkeeping
requirements.
24 CFR Part 3282
Administrative practice and
procedure, Consumer protection,
Intergovernmental relations,
Manufactured homes, Reporting and
recordkeeping requirements.
Accordingly, for the reasons described
in the preamble, HUD amends 24 CFR
parts 28, 30, 87, 180, and 3282 to read
as follows:
PART 28—IMPLEMENTATION OF THE
PROGRAM FRAUD CIVIL REMEDIES
ACT OF 1986
1. The authority citation for part 28
continues to read as follows:
■
U.S.C. 1532.
U.S.C. 1534.
Frm 00034
rule will not have federalism
implications and would not impose
substantial direct compliance costs on
State and local governments or preempt
State law within the meaning of the
Executive order.
Sfmt 4700
E:\FR\FM\16JYR1.SGM
16JYR1
Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations
Authority: 28 U.S.C. 2461 note; 31 U.S.C.
3801–3812; 42 U.S.C. 3535(d).
2. In § 28.10, revise paragraphs (a)(1)
introductory text and (b)(1) introductory
text to read as follows:
■
§ 28.10 Basis for civil penalties and
assessments.
PART 30—CIVIL MONEY PENALTIES:
CERTAIN PROHIBITED CONDUCT
3. The authority citation for part 30
continues to read as follows:
■
4. In § 30.20, revise paragraph (b) to
read as follows:
■
§ 30.20 Ethical violations by HUD
employees.
*
*
*
*
*
(b) Maximum penalty. The maximum
penalty is $19,639 for each violation.
■ 5. In § 30.25, revise paragraph (b) to
read as follows:
§ 30.25 Violations by applicants for
assistance.
*
*
*
*
*
(b) Maximum penalty. The maximum
penalty is $19,639 for each violation.
■ 6. In § 30.35, revise the first sentence
in paragraph (c)(1) to read as follows:
Mortgagees and lenders.
sradovich on DSK3GMQ082PROD with RULES
*
*
*
*
*
(c)(1) * * * The maximum penalty is
$9,819 for each violation, up to a limit
of $1,963,870 for all violations
committed during any one-year period.
* * *
*
*
*
*
*
■ 7. In § 30.36, revise the first sentence
in paragraph (c) to read as follows:
§ 30.36 Other participants in FHA
programs.
*
*
*
*
(c) * * * The maximum penalty is
$9,819 for each violation, up to a limit
of $1,963,870 for all violations
VerDate Sep<11>2014
16:38 Jul 13, 2018
Jkt 244001
*
*
*
*
(c) * * * The maximum penalty is
$9,819 for each violation, up to a limit
of $1,963,870 for all violations
committed during any one-year period.
* * *
■ 9. In § 30.45, revise paragraph (g) to
read as follows:
§ 30.45 Multifamily and section 202 or 811
mortgagors.
*
*
*
*
*
(g) Maximum penalty. The maximum
penalty for each violation under
paragraphs (c) and (f) of this section is
$49,096.
*
*
*
*
*
■ 10. In § 30.50, revise the first sentence
in paragraph (c) to read as follows:
§ 30.50
Authority: 12 U.S.C. 1701q–1, 1703, 1723i,
1735f–14, and 1735f–15; 15 U.S.C. 1717a; 28
U.S.C. 1 note and 2461 note; 42 U.S.C.
1437z–1 and 3535(d).
*
§ 30.40 Loan guarantees for Indian
housing.
*
(a) Claims. (1) A civil penalty of not
more than $11,181 may be imposed
upon any person who makes, presents,
or submits, or causes to be made,
presented, or submitted, a claim that the
person knows or has reason to know:
*
*
*
*
*
(b) Statements. (1) A civil penalty of
not more than $11,181 may be imposed
upon any person who makes, presents,
or submits, or causes to be made,
presented, or submitted, a written
statement that:
*
*
*
*
*
§ 30.35
committed during any one-year period.
* * *
■ 8. In § 30.40, revise the first sentence
in paragraph (c) to read as follows:
GNMA issuers and custodians.
*
*
*
*
*
(c) * * * The maximum penalty is
$9,819 for each violation, up to a limit
of $1,963,870 during any one-year
period. * * *
■ 11. In § 30.60, revise paragraph (c) to
read as follows:
§ 30.60 Dealers or sponsored third-party
originators.
*
*
*
*
*
(c) Amount of penalty. The maximum
penalty is $9,819 for each violation, up
to a limit for any particular person of
$1,963,870 during any one-year period.
■ 12. In § 30.65, revise paragraph (b) to
read as follows:
§ 30.65 Failure to disclose lead-based
paint hazards.
*
*
*
*
*
(b) Amount of penalty. The maximum
penalty is $17,395 for each violation.
■ 13. In § 30.68, revise paragraph (c) to
read as follows:
§ 30.68
Section 8 owners.
*
*
*
*
*
(c) Maximum penalty. The maximum
penalty for each violation under this
section is $38,159.
*
*
*
*
*
PART 87—NEW RESTRICTIONS ON
LOBBYING
14. The authority citation for part 87
continues to read as follows:
■
Authority: 28 U.S.C. 1 note; 31 U.S.C.
1352; 42 U.S.C. 3535(d).
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
32793
15. In § 87.400, revise paragraphs (a),
(b), and (e) to read as follows:
■
§ 87.400
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) 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.
*
*
*
*
*
PART 180—CONSOLIDATED HUD
HEARING PROCEDURES FOR CIVIL
RIGHTS MATTERS
16. The authority citation for part 180
continues to read as follows:
■
Authority: 28 U.S.C. 1 note; 29 U.S.C. 794;
42 U.S.C. 2000d–1, 3535(d), 3601–3619,
5301–5320, and 6103.
17. In § 180.671, revise paragraphs
(a)(1) through (3) to read as follows:
■
§ 180.671 Assessing civil penalties for Fair
Housing Act cases.
(a) * * *
(1) $20,521, if the respondent has not
been adjudged in any administrative
hearing or civil action permitted under
the Fair Housing Act or any state or
local fair housing law, or in any
licensing or regulatory proceeding
conducted by a federal, state, or local
governmental agency, to have
committed any prior discriminatory
housing practice.
(2) $51,302, if the respondent has
been adjudged in any administrative
hearing or civil action permitted under
the Fair Housing Act, or under any state
or local fair housing law, or in any
licensing or regulatory proceeding
conducted by a federal, state, or local
government agency, to have committed
one other discriminatory housing
practice and the adjudication was made
during the 5-year period preceding the
date of filing of the charge.
(3) $102,606, if the respondent has
been adjudged in any administrative
hearings or civil actions permitted
under the Fair Housing Act, or under
E:\FR\FM\16JYR1.SGM
16JYR1
32794
Federal Register / Vol. 83, No. 136 / Monday, July 16, 2018 / Rules and Regulations
any state or local fair housing law, or in
any licensing or regulatory proceeding
conducted by a federal, state, or local
government agency, to have committed
two or more discriminatory housing
practices and the adjudications were
made during the 7-year period
preceding the date of filing of the
charge.
*
*
*
*
*
PART 3282—MANUFACTURED HOME
PROCEDURAL AND ENFORCEMENT
REGULATIONS
18. The authority citation for part
3282 continues to read as follows:
■
Authority: 28 U.S.C. 1 note; 28 U.S.C. 2461
note; 42 U.S.C. 3535(d) and 5424.
19. Revise § 3282.10 to read as
follows:
■
§ 3282.10
Civil and criminal penalties.
Failure to comply with these
regulations may subject the party in
question to the civil and criminal
penalties provided for in section 611 of
the Act, 42 U.S.C. 5410. The maximum
amount of penalties imposed under
section 611 of the Act shall be $2,852
for each violation, up to a maximum of
$3,565,045 for any related series of
violations occurring within one year
from the date of the first violation.
Dated: July 8, 2018.
J. Paul Compton, Jr.,
General Counsel.
[FR Doc. 2018–15116 Filed 7–13–18; 8:45 am]
BILLING CODE 4210–67–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R03–OAR–2017–0337; FRL–9980–
68—Region 3]
Approval and Promulgation of Air
Quality Implementation Plans; Virginia;
Interstate Transport Requirements for
the 2012 Fine Particulate Matter
Standard
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is approving a state
implementation plan (SIP) revision
submitted by the Commonwealth of
Virginia (the Commonwealth or
Virginia). This revision pertains to the
infrastructure requirement for interstate
transport of pollution with respect to
the 2012 fine particulate matter (PM2.5)
national ambient air quality standards
sradovich on DSK3GMQ082PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:38 Jul 13, 2018
Jkt 244001
(NAAQS). EPA is approving this
revision in accordance with the
requirements of the Clean Air Act
(CAA).
DATES: This final rule is effective on
August 15, 2018.
ADDRESSES: EPA has established a
docket for this action under Docket ID
Number EPA–R03–OAR–2017–0337. All
documents in the docket are listed on
the https://www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
e.g., confidential business information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
the internet and will be publicly
available only in hard copy form.
Publicly available docket materials are
available through https://
www.regulations.gov, or please contact
the person identified in the ‘‘For Further
Information Contact’’ section for
additional availability information.
FOR FURTHER INFORMATION CONTACT:
Joseph Schulingkamp, (215) 814–2021,
or by email at schulingkamp.joseph@
epa.gov.
SUPPLEMENTARY INFORMATION:
I. Background
On May 9, 2018 (83 FR 21233), EPA
published a notice of proposed
rulemaking (NPR) for the
Commonwealth of Virginia. In the NPR,
EPA proposed approval of Virginia’s
submittal to address the infrastructure
requirements under section
110(a)(2)(D)(i) of the CAA for the 2012
PM2.5 NAAQS. The formal SIP revision
was submitted by Virginia through the
Department of Environmental Quality
(VADEQ) on May 16, 2017.
II. Summary of SIP Revision and EPA
Analysis
Virginia’s May 16, 2017 SIP submittal
includes a summary of annual
emissions of oxides of nitrogen (NOX)
and sulfur dioxide (SO2), both of which
are precursors of PM2.5. The emissions
summary shows that emissions from
Virginia sources have been steadily
decreasing for sources that could
potentially contribute, with respect to
the 2012 PM2.5 NAAQS, to
nonattainment in, or interfere with
maintenance of, any other state. The
submittal also included currently
available air quality monitoring data for
PM2.5, and its precursors SO2 and NO2,
which Virginia alleged show that PM2.5
levels continue to be below the 2012
PM2.5 NAAQS in Virginia.
Additionally, Virginia described in its
submittal several existing SIP-approved
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
measures and other federally
enforceable source-specific measures,
pursuant to permitting requirements
under the CAA, that apply to sources of
PM2.5 and its precursors within Virginia.
Virginia concludes that the
Commonwealth does not significantly
contribute to, nor interfere with the
maintenance of, another state for the
2012 PM2.5 NAAQS.
A detailed summary of Virginia’s
submittal and EPA’s review and
rationale for approval of this SIP
revision as meeting CAA section
110(a)(2)(D)(i)(I) for the 2012 PM2.5
NAAQS may be found in the NPR and
Technical Support Document (TSD) for
this rulemaking action, which are
available online at www.regulations.gov,
Docket number EPA–R03–OAR–2017–
0337.
EPA used the information in the 2016
PM2.5 Memorandum1 and additional
information for the evaluation and came
to the same conclusion as Virginia. As
discussed in greater detail in the TSD,
EPA identified the potential downwind
nonattainment and maintenance
receptors identified in the 2016 PM2.5
Memorandum, and then evaluated them
to determine if Virginia’s emissions
could potentially contribute to
nonattainment and maintenance
problems in 2021, the attainment year
for moderate PM2.5 nonattainment areas.
EPA concluded Virginia was not
significantly contributing to
nonattainment nor interfering with
maintenance with 2012 PM2.5 NAAQS
by any other state.
III. Public Comments
Two anonymous public comments
were received on the NPR. The first
comment generally discussed
greenhouse gases and climate change
and was determined to not be relevant
nor specific to this rulemaking action.
Thus, no response is provided for this
comment. The second comment
expressed that the commenter would
not like to see particulate pollution from
Virginia or any state degrade Allegheny
County, Pennsylvania’s air. As
explained in the proposed rulemaking
in detail, EPA determined that
Virginia’s emission sources do not
contribute significantly to
nonattainment, nor interfere with
maintenance, of the 2012 PM2.5 NAAQS
in another state. EPA also concluded
1 ‘‘Information on the Interstate Transport ‘‘Good
Neighbor’’ Provision for the 2012 Fine Particulate
Matter National Ambient Air Quality Standards
under Clean Air Act Section 110(a)(2)(D)(i)(I),’’
Memorandum from Stephen D. Page, Director, EPA
Office of Air Quality Planning and Standards
(March 17, 2016). A copy is included in the docket
for this rulemaking action.
E:\FR\FM\16JYR1.SGM
16JYR1
]]>Agencies
[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)]
[Rules and Regulations]
[Pages 32790-32794]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15116]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 28, 30, 87, 180, and 3282
[Docket No. FR-6076-F-01]
RIN 2501-AD86
Adjustment of Civil Monetary Penalty Amounts for 2018
AGENCY: Office of the General Counsel, HUD.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule provides for 2018 inflation adjustments of civil
monetary penalty amounts required by the Federal Civil Penalties
Inflation Adjustment Act of 1990, as amended by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015.
DATES: Effective date for 2018 inflation adjustment: August 15, 2018.
FOR FURTHER INFORMATION CONTACT: Dane Narode, Associate General
Counsel, Office of Program Enforcement, Department of Housing and Urban
Development, 1250 Maryland Avenue SW, Suite 200, Washington, DC 20024;
telephone number 202-245-4141 (this is not a toll-free number).
Hearing- or speech-impaired individuals may access this number via TTY
by calling the Federal Information Relay Service, toll-free, at 800-
877-8339.
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (the 2015 Act) (Pub. L. 114-74, Sec. 701), which further
amended the Federal Civil Penalties Inflation Adjustment Act of 1990
(Pub. L. 101-410), requires agencies to make annual adjustments to
civil monetary penalty (CMP) amounts for inflation ``notwithstanding
section 553 of title 5, United States Code.'' Section 553 refers to the
Administrative Procedure Act, which might otherwise require a delay for
advance notice and opportunity for public comment on future annual
inflation adjustments. This annual adjustment is for 2018.
The annual adjustment is based on the percent change between the
U.S.
[[Page 32791]]
Department of Labor's Consumer Price Index for All Urban Consumers
(``CPI-U'') for the month of October preceding the date of the
adjustment, and the CPI-U for October of the prior year (28 U.S.C. 2461
note, section (5)(b)(1)). Based on that formula, the cost-of-living
adjustment multiplier for 2018 is 1.02041.\1\ Pursuant to the 2015 Act,
adjustments are rounded to the nearest dollar.\2\
---------------------------------------------------------------------------
\1\ Office of Management and Budget, M-18-03, Memorandum for the
Heads of Executive Departments and Agencies, Implementation of
Penalty Inflation Adjustments for 2018, Pursuant to the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015.
(https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf).
(October 2017 CPI-U (246.663)/October 2016 CPI-U (241.729) =
1.02041.)
\2\ 28 U.S.C. 2461 note.
---------------------------------------------------------------------------
II. This Final Rule
This rule makes the required 2018 inflation adjustment. Since HUD
is not applying these adjustments retroactively, the 2018 increases
apply to violations occurring on or after this rule's effective date.
For each component, HUD provides a table showing how the penalties are
being adjusted for 2018 pursuant to the 2015 Act. In the first column
(``Description''), HUD provides a description of the penalty. In the
second column (``Statutory Citation''), HUD provides the United States
Code statutory citation providing for the penalty. In the third column
(``Regulatory Citation''), HUD provides the Code of Federal Regulations
citation under Title 24 for the penalty. In the fourth column
(``Previous Amount''), HUD provides the amount of the penalty pursuant
to the rule implementing the 2017 adjustment (82 FR 24521, May 30,
2017). In the fifth column (``2018 Adjusted Amount''), HUD lists the
penalty after applying the 2018 inflation adjustment.
----------------------------------------------------------------------------------------------------------------
Regulatory
Description Statutory citation (24 Previous amount 2018 Adjusted amount
citation CFR)
----------------------------------------------------------------------------------------------------------------
False Claims & Statements.... Omnibus Budget 28.10 $10,957......... $11,181.
Reconciliation
Act of 1986 (31
U.S.C.
3802(a)(1)).
Advance Disclosure of Funding Department of 30.20 $19,246......... $19,639.
Housing and
Urban
Development Act
(42 U.S.C.
3537a(c)).
Disclosure of Subsidy Department of 30.25 $19,246......... $19,639.
Layering. Housing and
Urban
Development Act
(42 U.S.C.
3545(f)).
FHA Mortgagees and Lenders HUD Reform Act 30.35 Per Violation: Per Violation: $9,819.
Violations. of 1989 (12 $9,623. Per Year: $1,963,870.
U.S.C. 1735f- Per Year:
14(a)(2)). $1,924,589.
Other FHA Participants HUD Reform Act 30.36 Per Violation: Per Violation: $9,819.
Violations. of 1989 (12 $9,623. Per Year: $1,963,870.
U.S.C. 1735f- Per Year:
14(a)(2)). $1,924,589.
Indian Loan Mortgagees Housing 30.40 Per Violation: Per Violation: $9,819.
Violations. Community $9,623. Per Year: $1,963,870.
Development Act Per Year:
of 1992 (12 $1,924,589.
U.S.C. 1715z-
13a(g)(2)).
Multifamily & Section 202 or HUD Reform Act 30.45 $48,114......... $49,096.
811 Owners Violations. of 1989 (12
U.S.C. 1735f-
15(c)(2)).
Ginnie Mae Issuers & HUD Reform Act 30.50 Per Violation: Per Violation: $9,819.
Custodians Violations. of 1989 (12 $9,623. Per Year: $1,963,870.
U.S.C. Per Year:
1723i(b)). $1,924,589.
Title I Broker & Dealers HUD Reform Act 30.60 Per Violation: Per Violation: $9,819.
Violations. of 1989 (12 $9,623. Per Year: $1,963,870.
U.S.C. 1703). Per Year:
$1,924,589.
Lead Disclosure Violation.... Title X-- 30.65 $17,047......... $17,395.
Residential
Lead-Based
Paint Hazard
Reduction Act
of 1992 (42
U.S.C.
4852d(b)(1)).
Section 8 Owners Violations.. Multifamily 30.68 $37,396......... $38,159.
Assisted
Housing Reform
and
Affordability
Act of 1997 (42
U.S.C. 1437z-
1(b)(2)).
Lobbying Violation........... The Lobbying 87.400 Min: $19,246.... Min: $19,639.
Disclosure Act Max: $192,459... Max: $196,387.
of 1995 (31
U.S.C. 1352).
Fair Housing Act Civil Fair Housing 180.671(a) No Priors: No Priors: $20,521.
Penalties. Amendments Act $20,111. One Prior: $51,302.
of 1988 (42 One Prior: Two or More Priors: $102,606.
U.S.C. $50,276.
3612(g)(3)). Two or More
Priors:
$100,554.
Manufactured Housing Housing 3282.10 Per Violation: Per Violation: $2,852.
Regulations Violation. Community $2,795. Per Year: $3,565,045.
Development Act Per Year:
of 1974 (42 $3,493,738.
U.S.C. 5410).
----------------------------------------------------------------------------------------------------------------
II. Justification for Final Rulemaking for the 2018 Adjustments
HUD generally publishes regulations for public comment before
issuing a rule for effect, in accordance with its own regulations on
rulemaking in 24 CFR part 10. However, part 10 provides for exceptions
to the general rule if the agency finds good cause to omit advanced
notice and public participation. The good cause requirement is
satisfied when prior public procedure is ``impractical, unnecessary, or
contrary to the public interest'' (see 24 CFR 10.1). As discussed, this
rule makes the required 2018 inflation adjustment, which HUD does not
have discretion to change. Moreover, the 2015 Act specifies that a
delay in the effective date under the Administrative Procedure Act is
not required for annual adjustments under the 2015 Act. HUD has
determined,
[[Page 32792]]
therefore, that it is unnecessary to delay the effectiveness of the
2018 inflation adjustments to solicit prior public comments.
Section 7(o) of the Department of Housing and Urban Development Act
(42 U.S.C. 3535(o)) requires that any HUD regulation implementing any
provision of the Department of Housing and Urban Development Reform Act
of 1989 that authorizes the imposition of a civil money penalty may not
become effective until after the expiration of a public comment period
of not less than 60 days. This rule does not authorize the imposition
of a civil money penalty--rather, it makes a standard inflation
adjustment to penalties that were previously authorized. As noted
above, the 2018 inflation adjustments are made in accordance with a
statutorily prescribed formula that does not provide for agency
discretion. Accordingly, a delay in the effectiveness of the 2018
inflation adjustments in order to provide the public with an
opportunity to comment is unnecessary because the 2015 Act exempts the
adjustments from the need for delay, the rule does not authorize the
imposition of a civil money penalty, and, in any event, HUD would not
have the discretion to make changes as a result of any comments.
IV. Findings and Certifications
Regulatory Review--Executive Orders 12866 and 13563
Under Executive Order 12866 (Regulatory Planning and Review), a
determination must be made whether a regulatory action is significant
and, therefore, subject to review by the Office of Management and
Budget (OMB) in accordance with the requirements of the order.
Executive Order 13563 (Improving Regulations and Regulatory Review)
directs executive agencies to analyze regulations that are ``outmoded,
ineffective, insufficient, or excessively burdensome, and to modify,
streamline, expand, or repeal them in accordance with what has been
learned. Executive Order 13563 also directs that, where relevant,
feasible, and consistent with regulatory objectives, and to the extent
permitted by law, agencies are to identify and consider regulatory
approaches that reduce burdens and maintain flexibility and freedom of
choice for the public. Executive Order 13771 (Reducing Regulation and
Controlling Regulatory Costs) requires that for every new regulation
issued, at least two prior regulations be identified for removal, and
that the cost of planned regulations be prudently managed and
controlled through a budgeting process. As discussed above in this
preamble, this final rule adjusts existing civil monetary penalties for
inflation by a statutorily required amount.
As a result of this review, OMB determined that this rule was not
significant under Executive Order 12866 and Executive Order 13563.
Moreover, as this rule is not a significant regulatory action under
Executive Order 12866, it is not considered an Executive Order 13771
regulatory action.
Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.)
generally requires an agency to conduct a regulatory flexibility
analysis of any rule subject to notice and comment rulemaking
requirements, unless the agency certifies that the rule will not have a
significant economic impact on a substantial number of small entities.
Because HUD has determined that good cause exists to issue this rule
without prior public comment, this rule is not subject to the
requirement to publish an initial or final regulatory flexibility
analysis under the RFA as part of such action.
Unfunded Mandates Reform
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) \3\
requires that an agency prepare a budgetary impact statement before
promulgating a rule that includes a Federal mandate that may 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. If a budgetary impact statement is required, section 205 of UMRA
also requires an agency to identity and consider a reasonable number of
regulatory alternatives before promulgating a rule.\4\ However, the
UMRA applies only to rules for which an agency publishes a general
notice of proposed rulemaking. As discussed above, HUD has determined,
for good cause, that prior notice and public comment is not required on
this rule and, therefore, the UMRA does not apply to this final rule.
---------------------------------------------------------------------------
\3\ 2 U.S.C. 1532.
\4\ 2 U.S.C. 1534.
---------------------------------------------------------------------------
Executive Order 13132, Federalism
Executive Order 13132 (entitled ``Federalism'') prohibits an agency
from publishing any rule that has federalism implications if the rule
either imposes substantial direct compliance costs on State and local
governments and is not required by statute, or the rule preempts State
law, unless the agency meets the consultation and funding requirements
of section 6 of the Executive Order. This rule will not have federalism
implications and would not impose substantial direct compliance costs
on State and local governments or preempt State law within the meaning
of the Executive order.
Environmental Review
This interim final rule does not direct, provide for assistance or
loan and mortgage insurance for, or otherwise govern, or regulate, real
property acquisition, disposition, leasing, rehabilitation, alteration,
demolition, or new construction, or establish, revise, or provide for
standards for construction or construction materials, manufactured
housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this
final rule is categorically excluded from environmental review under
the National Environmental Policy Act of 1969 (42 U.S.C. 4321).
List of Subjects
24 CFR Part 28
Administrative practice and procedure, Claims, Fraud, Penalties.
24 CFR Part 30
Administrative practice and procedure, Grant programs-housing and
community development, Loan programs-housing and community development,
Mortgage insurance, Penalties.
24 CFR Part 87
Government contracts, Grant programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping requirements.
24 CFR Part 180
Administrative practice and procedure, Aged, Civil rights, Fair
housing, Individuals with disabilities, Investigations, Mortgages,
Penalties, Reporting and recordkeeping requirements.
24 CFR Part 3282
Administrative practice and procedure, Consumer protection,
Intergovernmental relations, Manufactured homes, Reporting and
recordkeeping requirements.
Accordingly, for the reasons described in the preamble, HUD amends
24 CFR parts 28, 30, 87, 180, and 3282 to read as follows:
PART 28--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF
1986
0
1. The authority citation for part 28 continues to read as follows:
[[Page 32793]]
Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812; 42 U.S.C.
3535(d).
0
2. In Sec. 28.10, revise paragraphs (a)(1) introductory text and
(b)(1) introductory text to read as follows:
Sec. 28.10 Basis for civil penalties and assessments.
(a) Claims. (1) A civil penalty of not more than $11,181 may be
imposed upon any person who makes, presents, or submits, or causes to
be made, presented, or submitted, a claim that the person knows or has
reason to know:
* * * * *
(b) Statements. (1) A civil penalty of not more than $11,181 may be
imposed upon any person who makes, presents, or submits, or causes to
be made, presented, or submitted, a written statement that:
* * * * *
PART 30--CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT
0
3. The authority citation for part 30 continues to read as follows:
Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, and 1735f-
15; 15 U.S.C. 1717a; 28 U.S.C. 1 note and 2461 note; 42 U.S.C.
1437z-1 and 3535(d).
0
4. In Sec. 30.20, revise paragraph (b) to read as follows:
Sec. 30.20 Ethical violations by HUD employees.
* * * * *
(b) Maximum penalty. The maximum penalty is $19,639 for each
violation.
0
5. In Sec. 30.25, revise paragraph (b) to read as follows:
Sec. 30.25 Violations by applicants for assistance.
* * * * *
(b) Maximum penalty. The maximum penalty is $19,639 for each
violation.
0
6. In Sec. 30.35, revise the first sentence in paragraph (c)(1) to
read as follows:
Sec. 30.35 Mortgagees and lenders.
* * * * *
(c)(1) * * * The maximum penalty is $9,819 for each violation, up
to a limit of $1,963,870 for all violations committed during any one-
year period. * * *
* * * * *
0
7. In Sec. 30.36, revise the first sentence in paragraph (c) to read
as follows:
Sec. 30.36 Other participants in FHA programs.
* * * * *
(c) * * * The maximum penalty is $9,819 for each violation, up to a
limit of $1,963,870 for all violations committed during any one-year
period. * * *
0
8. In Sec. 30.40, revise the first sentence in paragraph (c) to read
as follows:
Sec. 30.40 Loan guarantees for Indian housing.
* * * * *
(c) * * * The maximum penalty is $9,819 for each violation, up to a
limit of $1,963,870 for all violations committed during any one-year
period. * * *
0
9. In Sec. 30.45, revise paragraph (g) to read as follows:
Sec. 30.45 Multifamily and section 202 or 811 mortgagors.
* * * * *
(g) Maximum penalty. The maximum penalty for each violation under
paragraphs (c) and (f) of this section is $49,096.
* * * * *
0
10. In Sec. 30.50, revise the first sentence in paragraph (c) to read
as follows:
Sec. 30.50 GNMA issuers and custodians.
* * * * *
(c) * * * The maximum penalty is $9,819 for each violation, up to a
limit of $1,963,870 during any one-year period. * * *
0
11. In Sec. 30.60, revise paragraph (c) to read as follows:
Sec. 30.60 Dealers or sponsored third-party originators.
* * * * *
(c) Amount of penalty. The maximum penalty is $9,819 for each
violation, up to a limit for any particular person of $1,963,870 during
any one-year period.
0
12. In Sec. 30.65, revise paragraph (b) to read as follows:
Sec. 30.65 Failure to disclose lead-based paint hazards.
* * * * *
(b) Amount of penalty. The maximum penalty is $17,395 for each
violation.
0
13. In Sec. 30.68, revise paragraph (c) to read as follows:
Sec. 30.68 Section 8 owners.
* * * * *
(c) Maximum penalty. The maximum penalty for each violation under
this section is $38,159.
* * * * *
PART 87--NEW RESTRICTIONS ON LOBBYING
0
14. The authority citation for part 87 continues to read as follows:
Authority: 28 U.S.C. 1 note; 31 U.S.C. 1352; 42 U.S.C. 3535(d).
0
15. In Sec. 87.400, revise paragraphs (a), (b), and (e) to read as
follows:
Sec. 87.400 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) 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.
* * * * *
PART 180--CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS
MATTERS
0
16. The authority citation for part 180 continues to read as follows:
Authority: 28 U.S.C. 1 note; 29 U.S.C. 794; 42 U.S.C. 2000d-1,
3535(d), 3601-3619, 5301-5320, and 6103.
0
17. In Sec. 180.671, revise paragraphs (a)(1) through (3) to read as
follows:
Sec. 180.671 Assessing civil penalties for Fair Housing Act cases.
(a) * * *
(1) $20,521, if the respondent has not been adjudged in any
administrative hearing or civil action permitted under the Fair Housing
Act or any state or local fair housing law, or in any licensing or
regulatory proceeding conducted by a federal, state, or local
governmental agency, to have committed any prior discriminatory housing
practice.
(2) $51,302, if the respondent has been adjudged in any
administrative hearing or civil action permitted under the Fair Housing
Act, or under any state or local fair housing law, or in any licensing
or regulatory proceeding conducted by a federal, state, or local
government agency, to have committed one other discriminatory housing
practice and the adjudication was made during the 5-year period
preceding the date of filing of the charge.
(3) $102,606, if the respondent has been adjudged in any
administrative hearings or civil actions permitted under the Fair
Housing Act, or under
[[Page 32794]]
any state or local fair housing law, or in any licensing or regulatory
proceeding conducted by a federal, state, or local government agency,
to have committed two or more discriminatory housing practices and the
adjudications were made during the 7-year period preceding the date of
filing of the charge.
* * * * *
PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS
0
18. The authority citation for part 3282 continues to read as follows:
Authority: 28 U.S.C. 1 note; 28 U.S.C. 2461 note; 42 U.S.C.
3535(d) and 5424.
0
19. Revise Sec. 3282.10 to read as follows:
Sec. 3282.10 Civil and criminal penalties.
Failure to comply with these regulations may subject the party in
question to the civil and criminal penalties provided for in section
611 of the Act, 42 U.S.C. 5410. The maximum amount of penalties imposed
under section 611 of the Act shall be $2,852 for each violation, up to
a maximum of $3,565,045 for any related series of violations occurring
within one year from the date of the first violation.
Dated: July 8, 2018.
J. Paul Compton, Jr.,
General Counsel.
[FR Doc. 2018-15116 Filed 7-13-18; 8:45 am]
BILLING CODE 4210-67-P
