Program Fraud Civil Remedies: Civil Monetary Penalty Inflation Adjustment, 34933-34935 [2018-15764]

Download as PDF 34933 Rules and Regulations Federal Register Vol. 83, No. 142 Tuesday, July 24, 2018 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. OFFICE OF PERSONNEL MANAGEMENT This rule adjusts the level of civil monetary penalties contained in U.S. Office of Personnel Management regulations implementing the Program Fraud Civil Remedies Act of 1986, with an initial ‘‘catch-up’’ adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 and Office of Management and Budget guidance. It also makes subsequent annual catch up adjustments. SUMMARY: 5 CFR Part 185 DATES: RIN 3206–AN39 FOR FURTHER INFORMATION CONTACT: Program Fraud Civil Remedies: Civil Monetary Penalty Inflation Adjustment Office of Personnel Management (OPM). ACTION: Final rule. AGENCY: Effective August 23, 2018. Austin Fulk, Office of the General Counsel, Office of Personnel Management, 1900 E St, NW, Washington, DC 20415, Austin.Fulk@ opm.gov, (202) 606–1700. SUPPLEMENTARY INFORMATION: On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114–74) (‘‘the Act’’). The Act required agencies to: (1) Adjust the level of civil monetary penalties with an initial ‘‘catch-up’’ adjustment through an interim final rulemaking, and (2) make subsequent annual adjustments for inflation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties. On July 19, 2016, OPM made an initial adjustment to the following civil monetary penalties to carry out the requirements of the 2015 Act, based on instructions found in Office of Management and Budget Memorandum M–16–06: Current penalty CFR citation Description of the penalty 5 CFR 185.103(a) ........................................... 5 CFR 185.103(f)(2) ........................................ Civil Penalty for False Claims ........................ Civil Penalty for False Statements ................. That rule took effect on August 1, 2016. This rule takes into account adjustments for the year 2016 based on inflation for that year. These calculations were made based on guidance contained in Office of Description of the penalty 5 CFR 185.103(a) ........................................... 5 CFR 185.103(f)(2) ........................................ Civil Penalty for False Claims ........................ Civil Penalty for False Statements ................. This rule makes additional adjustments for the year 2017 based on inflation for that year. These calculations were made based on guidance contained in Office of Description of the penalty 5 CFR 185.103(a) ........................................... 5 CFR 185.103(f)(2) ........................................ Civil Penalty for False Claims ........................ Civil Penalty for False Statements ................. VerDate Sep<11>2014 13:57 Jul 23, 2018 Jkt 244001 comment process prior to promulgating the interim final rule. The amendments also explicitly required the agency to make subsequent annual adjustments notwithstanding 5 U.S.C. 553 (the section of the Administrative Procedure Act that normally requires agencies to engage in notice and comment). The PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 Catchup adjustment $5,781 5,781 Adjusted penalty $10,781 10,781 Management and Budget Memorandum M–17–11: $10,781 10,781 2016 Inflation adjustment $176 176 2016 Inflation adjusted amount $10,957 10,957 Management and Budget Memorandum M–18–03: Adjusted penalty CFR citation This final rule is being issued without prior public notice or opportunity for public comments. The 2015 Act’s amendments to the Inflation Adjustment Act required the agency to adjust penalties initially through an interim final rulemaking, which did not require the agency to complete a notice and $5,000 5,000 Adjusted penalty CFR citation jstallworth on DSKBBY8HB2PROD with RULES I. Background $10,957 10,957 2017 Inflation adjustment $223 223 2016 Inflation adjusted amount $11,181 11,181 formula used for adjusting the amount of civil penalties is given by statute, with no discretion provided to OPM regarding the computation of the adjustments. OPM is charged only with performing ministerial computations to determine the amount of adjustment to the civil penalties due to increases in E:\FR\FM\24JYR1.SGM 24JYR1 34934 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations jstallworth on DSKBBY8HB2PROD with RULES the Consumer Price Index for all Urban Consumers (CPI–U). II. Calculation of Adjustment The Office of Management and Budget (OMB) issued guidance on calculating the initial catch-up adjustment. See February 24, 2016, Memorandum for the Heads of Executive Departments and Agencies, from Shaun Donovan, Director, Office of Management and Budget, re: Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. Under this guidance, OPM has identified applicable civil monetary penalties and calculated the catch-up adjustment. A civil monetary penalty is any assessment with a dollar amount that is levied for a violation of a Federal civil statute or regulation, and is assessed or enforceable through a civil action in Federal court or an administrative proceeding. A civil monetary penalty does not include a penalty levied for violation of a criminal statute, or fees for services, licenses, permits, or other regulatory review. The calculated catch-up adjustment is based on the percent change between the Consumer Price Index for all Urban Consumers (CPI–U) for the month of October in the year of the previous adjustment (or in the year of establishment, if no adjustment has been made) and the October 2015 CPI–U. The Office of Management and Budget published guidance on adjusting penalties based on the increase in the CPI–U between October of 2015 and October of 2016, as well as between October of 2016 and 2017. See December 16, 2016, Memorandum for the Heads of Executive Departments and Agencies, from Shaun Donovan, Director, Office of Management and Budget, re: Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015; December 15, 2017 Memorandum for the Heads of Executive Departments and Agencies, from Mick Mulvaney, Director, Office of Management and Budget re: Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. This guidance provided OPM with the level to which civil penalties should be adjusted as annual inflation adjustments following the initial necessary update to comply with the 2015 Act. Although OPM published the initial interim final rulemaking to adjust its relevant penalties in compliance with the 2015 Act, OPM has not yet issued the 2017 or 2018 VerDate Sep<11>2014 13:57 Jul 23, 2018 Jkt 244001 adjustments. As a result, the increases associated with the first two annual inflation adjustments mandated under the 2015 Act after the original adjustment are combined here. III. Executive Order Requirements Executive Orders 13563 and 12866 direct agencies to assess all costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This rule has been designated a not significant regulatory action, under Executive Order 12866. E.O. 13771. This final rule is not an E.O. 13771 regulatory action because this rule is not significant under E.O. 12866. A. Regulatory Flexibility Act I certify that this regulation will not have a significant economic impact on a substantial number of small entities. The Regulatory Flexibility Act (RFA) requires an agency to prepare a regulatory flexibility analysis for rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule. See 5 U.S.C. 603(a) and 604(a). The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires agencies to adjust civil penalties annually. No discretion is allowed. Thus, the RFA does not apply to this final rule. B. Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2)) This rule is not a major rule under the Small Business Regulatory Enforcement Fairness Act. This rule: (a) Does not have an annual effect on the economy of $100 million or more. (b) Will not cause a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions. (c) Does not have significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based enterprises to compete with foreignbased enterprises. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 C. Unfunded Mandate Reform Act of 1995 (2 U.S.C. 1532) This rule does not involve 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 and that such rulemaking will not significantly or uniquely affect small governments. D. E.O. 12630, Takings This rule does not have takings implications. E. E.O. 13132, Federalism We have examined this rule in accordance with Executive Order 13132, Federalism, and have determined that this rule will not have any negative impact on the rights, roles, and responsibilities of State, local, or Tribal governments. F. E.O. 12988, Civil Justice Reform This rule complies with the requirements of E.O. 12988. Specifically, this rule: (a) Does not unduly burden the judicial system; (b) Meets the criteria of section 3(a) requiring that all regulations be reviewed to eliminate errors and ambiguity and be written to minimize litigation; and (c) Meets the criteria of section 3(b)(2) requiring that all regulations be written in clear language and contain clear legal standards. G. E.O. 13175, Consultation With Indian Tribes In accordance with Executive Order 13175, OPM has evaluated this rule and determined that it has no tribal implications. H. Paperwork Reduction Act This rule does not involve any collections of information subject to the Paperwork Reduction Act of 1995, Public Law 104–13. List of Subjects in 5 CFR Part 185 Program fraud civil remedies, Claims, Penalties, Basis for civil penalties and assessments. Office of Personnel Management. Jeff T.H. Pon, Director. For the reasons set forth in the preamble, OPM amends part 185 of title 5 of the Code of Federal Regulations as follows: E:\FR\FM\24JYR1.SGM 24JYR1 Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules and Regulations PART 185—PROGRAM FRAUD CIVIL REMEDIES: CIVIL MONETARY PENALTY INFLATION ADJUSTMENT 1. The authority citation for part 185 continues to read: ■ Authority: 28 U.S.C. 2461 note. § 185.103 [Amended] 2. Section 185.103 is amended as follows: ■ a. In paragraph (a) introductory text, revise ‘‘$10,781’’ to read ‘‘$11,181’’. ■ b. In paragraph (f)(2), revise ‘‘$10,781’’ to read ‘‘$11,181’’. ■ [FR Doc. 2018–15764 Filed 7–23–18; 8:45 am] BILLING CODE 6325–48–P DEPARTMENT OF AGRICULTURE Agricultural Marketing Service 7 CFR Part 985 [Doc. No. AMS–SC–17–0073; SC18–985–1 FR] Marketing Order Regulating the Handling of Spearmint Oil Produced in the Far West; Salable Quantities and Allotment Percentages for the 2018– 2019 Marketing Year Agricultural Marketing Service, USDA. ACTION: Final rule. AGENCY: This rule implements a recommendation from the Far West Spearmint Oil Administrative Committee (Committee) to establish salable quantities and allotment percentages of Class 1 (Scotch) and Class 3 (Native) spearmint oil for the 2018–2019 marketing year. This rule also removes references to past volume regulation no longer in effect. DATES: Effective August 23, 2018. FOR FURTHER INFORMATION CONTACT: Barry Broadbent, Marketing Specialist, or Gary Olson, Regional Director, Northwest Marketing Field Office, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA; Telephone: (503) 326– 2724, Fax: (503) 326–7440, or Email: Barry.Broadbent@ams.usda.gov or GaryD.Olson@ams.usda.gov. Small businesses may request information on complying with this regulation by contacting Richard Lower, Marketing Order and Agreement Division, Specialty Crops Program, AMS, USDA, 1400 Independence Avenue SW, STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or Email: Richard.Lower@ams.usda.gov. jstallworth on DSKBBY8HB2PROD with RULES SUMMARY: VerDate Sep<11>2014 13:57 Jul 23, 2018 Jkt 244001 This action, pursuant to 5 U.S.C. 553, amends regulations issued to carry out a marketing order as defined in 7 CFR 900.2(j). This rule is issued under Marketing Order No. 985, as amended (7 CFR part 985), regulating the handling of spearmint oil produced in the Far West. Part 985 (referred to as the ‘‘Order’’) is effective under the Agricultural Marketing Agreement Act of 1937, as amended (7 U.S.C. 601–674), hereinafter referred to as the ‘‘Act.’’ The Committee locally administers the Order and is comprised of spearmint oil producers operating within the area of production, and a public member. The Department of Agriculture (USDA) is issuing this rule in conformance with Executive Orders 13563 and 13175. This rule falls within a category of regulatory actions that the Office of Management and Budget (OMB) exempted from Executive Order 12866 review. Additionally, because this rule does not meet the definition of a significant regulatory action, it does not trigger the requirements contained in Executive Order 13771. See OMB’s Memorandum titled ‘‘Interim Guidance Implementing Section 2 of the Executive Order of January 30, 2017, titled ‘Reducing Regulation and Controlling Regulatory Costs’ ’’ (February 2, 2017). This rule has been reviewed under Executive Order 12988, Civil Justice Reform. Under the Order now in effect, salable quantities and allotment percentages may be established for classes of spearmint oil produced in the Far West. This rule establishes quantities and percentages for Class 1 (Scotch) and Class 3 (Native) spearmint oil for the 2018–2019 marketing year, which began on June 1, 2018. The Act provides that administrative proceedings must be exhausted before parties may file suit in court. Under section 608c(15)(A) of the Act, any handler subject to an order may file with USDA a petition stating that the order, any provision of the order, or any obligation imposed in connection with the order is not in accordance with law and request a modification of the order or to be exempted therefrom. A handler is afforded the opportunity for a hearing on the petition. After the hearing, USDA would rule on the petition. The Act provides that the district court of the United States in any district in which the handler is an inhabitant, or has his or her principal place of business, has jurisdiction to review USDA’s ruling on the petition, provided an action is filed not later than 20 days after the date of the entry of the ruling. Pursuant to §§ 985.50, 985.51, and 985.52, the Order requires the SUPPLEMENTARY INFORMATION: PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 34935 Committee to meet each year to consider supply and demand of spearmint oil and a marketing policy for the ensuing marketing year. When such considerations indicate a need to establish or maintain stable market conditions through volume regulation, the Committee recommends salable quantity limitations and producer allotments to regulate the quantity of Far West spearmint oil available to the market. According to § 985.12, ‘‘salable quantity’’ is the total quantity of each class of oil that handlers may purchase from, or handle on behalf of, producers during a given marketing year. The total industry allotment base is the aggregate of all allotment bases held individually by producers as prescribed under § 985.53(d)(1). The total allotment base is generally revised each year on June 1 due to producer base being lost because of the bona fide effort production provision of § 985.53(e). The allotment percentage for each class of spearmint oil is derived by dividing the salable quantity by the total industry allotment base for that same class of oil. The allotment percentage is the percentage used to calculate each producer’s prorated share of the salable quantity or their ‘‘annual allotment,’’ as defined in § 985.13. The Committee met on October 25, 2017, to consider its marketing policy for the 2018–2019 marketing year. At that meeting, the Committee determined that, based on overall market and supply conditions, volume regulation for Classes 1 and 3 (Scotch and Native, respectively) spearmint oil is necessary. With a unanimous vote, the Committee recommended the establishment of a salable quantity and allotment percentage for Class 1 (Scotch) and Class 3 (Native) spearmint oil of 760,660 pounds and 35 percent, and 1,307,947 pounds and 53 percent, respectively. The Committee also unanimously set its 2018–2019 marketing year trade demand estimate for Far West Scotch spearmint oil at 850,000 pounds, and for Far West Native spearmint oil at 1,306,605 pounds. Salable quantities and allotment percentages have been placed into effect each season since the Order’s inception in 1980. Class 1 (Scotch) Spearmint Oil The Committee’s recommended 2018– 2019 marketing year salable quantity and allotment percentage for Far West Scotch spearmint oil represent a decrease from the previous year’s volume restrictions. The 2018–2019 marketing year salable quantity of 760,660 pounds is 13,985 pounds less than the 2017–2018 salable quantity of E:\FR\FM\24JYR1.SGM 24JYR1

Agencies

Office of Personnel Management

[Federal Register Volume 83, Number 142 (Tuesday, July 24, 2018)]
[Rules and Regulations]
[Pages 34933-34935]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-15764]



========================================================================
Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents 
having general applicability and legal effect, most of which are keyed 
to and codified in the Code of Federal Regulations, which is published 
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents. 

========================================================================


Federal Register / Vol. 83, No. 142 / Tuesday, July 24, 2018 / Rules 
and Regulations

[[Page 34933]]



OFFICE OF PERSONNEL MANAGEMENT

5 CFR Part 185

RIN 3206-AN39


Program Fraud Civil Remedies: Civil Monetary Penalty Inflation 
Adjustment

AGENCY: Office of Personnel Management (OPM).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: This rule adjusts the level of civil monetary penalties 
contained in U.S. Office of Personnel Management regulations 
implementing the Program Fraud Civil Remedies Act of 1986, with an 
initial ``catch-up'' adjustment under the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 and Office of 
Management and Budget guidance. It also makes subsequent annual catch 
up adjustments.

DATES: Effective August 23, 2018.

FOR FURTHER INFORMATION CONTACT: Austin Fulk, Office of the General 
Counsel, Office of Personnel Management, 1900 E St, NW, Washington, DC 
20415, [email protected], (202) 606-1700.

SUPPLEMENTARY INFORMATION:

I. Background

    On November 2, 2015, the President signed into law the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 
701 of Pub. L. 114-74) (``the Act''). The Act required agencies to: (1) 
Adjust the level of civil monetary penalties with an initial ``catch-
up'' adjustment through an interim final rulemaking, and (2) make 
subsequent annual adjustments for inflation. The purpose of these 
adjustments is to maintain the deterrent effect of civil penalties.
    On July 19, 2016, OPM made an initial adjustment to the following 
civil monetary penalties to carry out the requirements of the 2015 Act, 
based on instructions found in Office of Management and Budget 
Memorandum M-16-06:

----------------------------------------------------------------------------------------------------------------
                                           Description of the         Current         Catchup        Adjusted
             CFR citation                        penalty              penalty       adjustment        penalty
----------------------------------------------------------------------------------------------------------------
5 CFR 185.103(a)......................  Civil Penalty for False           $5,000          $5,781         $10,781
                                         Claims.
5 CFR 185.103(f)(2)...................  Civil Penalty for False            5,000           5,781          10,781
                                         Statements.
----------------------------------------------------------------------------------------------------------------

    That rule took effect on August 1, 2016.
    This rule takes into account adjustments for the year 2016 based on 
inflation for that year. These calculations were made based on guidance 
contained in Office of Management and Budget Memorandum M-17-11:

----------------------------------------------------------------------------------------------------------------
                                                                                                  2016 Inflation
             CFR citation                  Description of the        Adjusted     2016 Inflation     adjusted
                                                 penalty              penalty       adjustment        amount
----------------------------------------------------------------------------------------------------------------
5 CFR 185.103(a)......................  Civil Penalty for False          $10,781            $176         $10,957
                                         Claims.
5 CFR 185.103(f)(2)...................  Civil Penalty for False           10,781             176          10,957
                                         Statements.
----------------------------------------------------------------------------------------------------------------

    This rule makes additional adjustments for the year 2017 based on 
inflation for that year. These calculations were made based on guidance 
contained in Office of Management and Budget Memorandum M-18-03:

----------------------------------------------------------------------------------------------------------------
                                                                                                  2016 Inflation
             CFR citation                  Description of the        Adjusted     2017 Inflation     adjusted
                                                 penalty              penalty       adjustment        amount
----------------------------------------------------------------------------------------------------------------
5 CFR 185.103(a)......................  Civil Penalty for False          $10,957            $223         $11,181
                                         Claims.
5 CFR 185.103(f)(2)...................  Civil Penalty for False           10,957             223          11,181
                                         Statements.
----------------------------------------------------------------------------------------------------------------

    This final rule is being issued without prior public notice or 
opportunity for public comments. The 2015 Act's amendments to the 
Inflation Adjustment Act required the agency to adjust penalties 
initially through an interim final rulemaking, which did not require 
the agency to complete a notice and comment process prior to 
promulgating the interim final rule. The amendments also explicitly 
required the agency to make subsequent annual adjustments 
notwithstanding 5 U.S.C. 553 (the section of the Administrative 
Procedure Act that normally requires agencies to engage in notice and 
comment). The formula used for adjusting the amount of civil penalties 
is given by statute, with no discretion provided to OPM regarding the 
computation of the adjustments. OPM is charged only with performing 
ministerial computations to determine the amount of adjustment to the 
civil penalties due to increases in

[[Page 34934]]

the Consumer Price Index for all Urban Consumers (CPI-U).

II. Calculation of Adjustment

    The Office of Management and Budget (OMB) issued guidance on 
calculating the initial catch-up adjustment. See February 24, 2016, 
Memorandum for the Heads of Executive Departments and Agencies, from 
Shaun Donovan, Director, Office of Management and Budget, re: 
Implementation of the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015. Under this guidance, OPM has identified 
applicable civil monetary penalties and calculated the catch-up 
adjustment. A civil monetary penalty is any assessment with a dollar 
amount that is levied for a violation of a Federal civil statute or 
regulation, and is assessed or enforceable through a civil action in 
Federal court or an administrative proceeding. A civil monetary penalty 
does not include a penalty levied for violation of a criminal statute, 
or fees for services, licenses, permits, or other regulatory review. 
The calculated catch-up adjustment is based on the percent change 
between the Consumer Price Index for all Urban Consumers (CPI-U) for 
the month of October in the year of the previous adjustment (or in the 
year of establishment, if no adjustment has been made) and the October 
2015 CPI-U.
    The Office of Management and Budget published guidance on adjusting 
penalties based on the increase in the CPI-U between October of 2015 
and October of 2016, as well as between October of 2016 and 2017. See 
December 16, 2016, Memorandum for the Heads of Executive Departments 
and Agencies, from Shaun Donovan, Director, Office of Management and 
Budget, re: Implementation of the 2017 annual adjustment pursuant to 
the Federal Civil Penalties Inflation Adjustment Act Improvements Act 
of 2015; December 15, 2017 Memorandum for the Heads of Executive 
Departments and Agencies, from Mick Mulvaney, Director, Office of 
Management and Budget re: Implementation of Penalty Inflation 
Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015. This guidance provided OPM 
with the level to which civil penalties should be adjusted as annual 
inflation adjustments following the initial necessary update to comply 
with the 2015 Act. Although OPM published the initial interim final 
rulemaking to adjust its relevant penalties in compliance with the 2015 
Act, OPM has not yet issued the 2017 or 2018 adjustments. As a result, 
the increases associated with the first two annual inflation 
adjustments mandated under the 2015 Act after the original adjustment 
are combined here.

III. Executive Order Requirements

    Executive Orders 13563 and 12866 direct agencies to assess all 
costs and benefits of available regulatory alternatives and, if 
regulation is necessary, to select regulatory approaches that maximize 
net benefits (including potential economic, environmental, public 
health and safety effects, distributive impacts, and equity). Executive 
Order 13563 emphasizes the importance of quantifying both costs and 
benefits, of reducing costs, of harmonizing rules, and of promoting 
flexibility. This rule has been designated a not significant regulatory 
action, under Executive Order 12866. E.O. 13771.
    This final rule is not an E.O. 13771 regulatory action because this 
rule is not significant under E.O. 12866.

A. Regulatory Flexibility Act

    I certify that this regulation will not have a significant economic 
impact on a substantial number of small entities.
    The Regulatory Flexibility Act (RFA) requires an agency to prepare 
a regulatory flexibility analysis for rules unless the agency certifies 
that the rule will not have a significant economic impact on a 
substantial number of small entities. The RFA applies only to rules for 
which an agency is required to first publish a proposed rule. See 5 
U.S.C. 603(a) and 604(a). The Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 requires agencies to adjust 
civil penalties annually. No discretion is allowed. Thus, the RFA does 
not apply to this final rule.

B. Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))

    This rule is not a major rule under the Small Business Regulatory 
Enforcement Fairness Act. This rule:
    (a) Does not have an annual effect on the economy of $100 million 
or more.
    (b) Will not cause a major increase in costs or prices for 
consumers, individual industries, Federal, State, or local government 
agencies, or geographic regions.
    (c) Does not have significant adverse effects on competition, 
employment, investment, productivity, innovation, or the ability of 
United States-based enterprises to compete with foreign-based 
enterprises.

C. Unfunded Mandate Reform Act of 1995 (2 U.S.C. 1532)

    This rule does not involve 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 and that such 
rulemaking will not significantly or uniquely affect small governments.

D. E.O. 12630, Takings

    This rule does not have takings implications.

E. E.O. 13132, Federalism

    We have examined this rule in accordance with Executive Order 
13132, Federalism, and have determined that this rule will not have any 
negative impact on the rights, roles, and responsibilities of State, 
local, or Tribal governments.

F. E.O. 12988, Civil Justice Reform

    This rule complies with the requirements of E.O. 12988. 
Specifically, this rule:
    (a) Does not unduly burden the judicial system;
    (b) Meets the criteria of section 3(a) requiring that all 
regulations be reviewed to eliminate errors and ambiguity and be 
written to minimize litigation; and
    (c) Meets the criteria of section 3(b)(2) requiring that all 
regulations be written in clear language and contain clear legal 
standards.

G. E.O. 13175, Consultation With Indian Tribes

    In accordance with Executive Order 13175, OPM has evaluated this 
rule and determined that it has no tribal implications.

H. Paperwork Reduction Act

    This rule does not involve any collections of information subject 
to the Paperwork Reduction Act of 1995, Public Law 104-13.

List of Subjects in 5 CFR Part 185

    Program fraud civil remedies, Claims, Penalties, Basis for civil 
penalties and assessments.

Office of Personnel Management.
Jeff T.H. Pon,
Director.

    For the reasons set forth in the preamble, OPM amends part 185 of 
title 5 of the Code of Federal Regulations as follows:

[[Page 34935]]

PART 185--PROGRAM FRAUD CIVIL REMEDIES: CIVIL MONETARY PENALTY 
INFLATION ADJUSTMENT

0
1. The authority citation for part 185 continues to read:

    Authority:  28 U.S.C. 2461 note.


Sec.  185.103   [Amended]

0
2. Section 185.103 is amended as follows:
0
a. In paragraph (a) introductory text, revise ``$10,781'' to read 
``$11,181''.
0
b. In paragraph (f)(2), revise ``$10,781'' to read ``$11,181''.

[FR Doc. 2018-15764 Filed 7-23-18; 8:45 am]
 BILLING CODE 6325-48-P

This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.