Implementation of the Federal Civil Penalties Inflation Adjustment Act and Adjustment of Amounts for 2019, 13114-13115 [2019-06555]
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Federal Register / Vol. 84, No. 65 / Thursday, April 4, 2019 / Rules and Regulations
procedures and tests must be done to comply
with this AD; any procedures or tests that are
not identified as RC are recommended. Those
procedures and tests that are not identified
as RC may be deviated from using accepted
methods in accordance with the operator’s
maintenance or inspection program without
obtaining approval of an AMOC, provided
the procedures and tests identified as RC can
be done and the airplane can be put back in
an airworthy condition. Any substitutions or
changes to procedures or tests identified as
RC require approval of an AMOC.
(m) Related Information
(1) Refer to Mandatory Continuing
Airworthiness Information (MCAI) EASA AD
2018–0064, dated March 23, 2018, for related
information. This MCAI may be found in the
AD docket on the internet at https://
www.regulations.gov by searching for and
locating Docket No. FAA–2018–0704.
(2) For more information about this AD,
contact Vladimir Ulyanov, Aerospace
Engineer, International Section, Transport
Standards Branch, FAA, 2200 South 216th
St., Des Moines, WA 98198; telephone and
fax: 206–231–3229.
jbell on DSK30RV082PROD with RULES
(n) Material Incorporated by Reference
(1) The Director of the Federal Register
approved the incorporation by reference
(IBR) of the service information listed in this
paragraph under 5 U.S.C. 552(a) and 1 CFR
part 51.
(2) You must use this service information
as applicable to do the actions required by
this AD, unless this AD specifies otherwise.
(i) Airbus Service Bulletin A330–29–3131,
dated August 11, 2017.
(ii) Airbus Service Bulletin A330–29–3132,
dated August 11, 2017.
(iii) Airbus Service Bulletin A330–29–
3133, dated August 11, 2017.
(iv) Airbus Service Bulletin A340–29–
4099, dated August 11, 2017.
(v) Airbus Service Bulletin A340–29–4100,
dated August 11, 2017.
(vi) Airbus Service Bulletin A340–29–
4101, dated August 11, 2017.
(vii) Airbus Service Bulletin A340–29–
5026, dated August 11, 2017.
(viii) Safran Vendor Service Bulletin 42–
29–005, Revision 01, dated September 26,
2017.
(ix) Safran Vendor Service Bulletin 42–29–
006, Revision 01, dated September 27, 2017.
(3) For Airbus service information
identified in this AD, contact Airbus SAS,
Airworthiness Office—EAL, Rond Point
Emile Dewoitine No: 2, 31700 Blagnac Cedex,
France; telephone: +33 5 61 93 36 96; fax:
+33 5 61 93 45 80; email:
airworthiness.A330-A340@airbus.com;
internet https://www.airbus.com.
(4) For Safran service information
identified in this final rule, contact Safran
Aero Boosters, 121 Route de Liers, 4041
Milmort (Herstal), Belgium; telephone: +32 4
278 8111; fax: +32 4 278 52 07; internet
https://www.safran-aero-boosters.com, or
https://www.safran-group.com/company/
safran-aero-boosters.
(5) You may view this service information
at the FAA, Transport Standards Branch,
2200 South 216th St., Des Moines, WA. For
information on the availability of this
material at the FAA, call 206–231–3195.
(6) You may view this service information
that is incorporated by reference at the
National Archives and Records
Administration (NARA). For information on
the availability of this material at NARA, call
202–741–6030, or go to: https://
www.archives.gov/federal-register/cfr/ibrlocations.html.
Issued in Des Moines, Washington, on
March 22, 2019.
Michael Kaszycki,
Acting Director, System Oversight Division,
Aircraft Certification Service.
[FR Doc. 2019–06405 Filed 4–3–19; 8:45 am]
BILLING CODE 4910–13–P
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
14 CFR Parts 1264 and 1271
RIN 2700–AE48
[Document Number NASA–19–003: Docket
Number NASA–2019–0002]
Implementation of the Federal Civil
Penalties Inflation Adjustment Act and
Adjustment of Amounts for 2019
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
The National Aeronautics and
Space Administration (NASA) has
adopted a final rule making inflation
adjustments to civil monetary penalties
within its jurisdiction. This final rule
represents the annual 2019 inflation
adjustments of monetary penalties.
These adjustments are required by the
SUMMARY:
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015.
This final rule is effective April
4, 2019.
FOR FURTHER INFORMATION CONTACT:
Bryan R. Diederich, Office of the
General Counsel, NASA Headquarters,
telephone (202) 358–0216.
SUPPLEMENTARY INFORMATION:
DATES:
I. Background
The Inflation Adjustment Act, as
amended by the 2015 Act, required
Federal agencies to adjust the civil
penalty amounts within their
jurisdiction for inflation by July 1, 2016.
Subsequent to the 2016 adjustment,
Federal agencies were required to make
an annual inflation adjustment by
January 15 every year thereafter.1 Under
the amended Act, any increase in a civil
penalty made under the Act will apply
to penalties assessed after the increase
takes effect, including penalties whose
associated violation predated the
increase.2 The inflation adjustments
mandated by the Act serve to maintain
the deterrent effect of civil penalties and
to promote compliance with the law.
Pursuant to the Act, adjustments to
the civil penalties are required to be
made by January 15 of each year. The
annual adjustments are based on the
percent change between the U.S.
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
2019 is 1.02522 percent. Pursuant to the
2015 Act, adjustments are rounded to
the nearest dollar.
II. The Final Rule
This final rule makes the required
adjustments to civil penalties for 2019.
Applying the 2019 multiplier above, the
adjustments for each penalty are
summarized below.
Penalty description
Program Fraud Civil Remedies Act of 1986 ................
Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec.
319.
Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec.
319.
Maximum Penalties for False Claims ...........................
Minimum Penalty for use of appropriated funds to
lobby or influence certain contracts.
$11,181
19,639
$11,463
20,134
Maximum Penalty for use of appropriated funds to
lobby or influence certain contracts.
196,387
201,340
1 See
28 U.S.C. 2461 note.
VerDate Sep<11>2014
17:03 Apr 03, 2019
2018 penalty
Penalty
adjusted
for 2019
Law
2 Inflation Adjustment Act section 6, codified at
28 U.S.C. 2461 note.
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Federal Register / Vol. 84, No. 65 / Thursday, April 4, 2019 / Rules and Regulations
Penalty description
Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec.
319.
Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec.
319.
Minimum penalty for failure to report certain lobbying
transactions.
19,639
20,134
Maximum penalty for failure to report certain lobbying
transactions.
196,387
201,340
III. Legal Authority and Effective Date
NASA issues this rule under the
Federal Civil Penalties Inflation
Adjustment Act of 1990,3 as amended
by the Debt Collection Improvement Act
of 1996,4 and further amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015,5 which requires NASA to adjust
the civil penalties within its jurisdiction
for inflation according to a statutorily
prescribed formula.
Section 553 of title 5 of the United
States Code generally requires an agency
to publish a rule at least 30 days before
its effective date to allow for advance
notice and opportunity for public
comments.6 After the initial adjustment
for 2016, however, the Civil Penalties
Inflation Adjustment Act requires
agencies to make subsequent annual
adjustments for inflation
‘‘notwithstanding section 553 of title 5,
United States Code.’’ Moreover, the
2019 adjustments are made according to
a statutory formula that does not
provide for agency discretion.
Accordingly, a delay in effectiveness of
the 2019 adjustments is not required.
IV. Regulatory Requirements
Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required, the Regulatory
Flexibility Act does not require an
initial or final regulatory flexibility
analysis.7
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995,8 NASA
reviewed this final rule. No collections
of information pursuant to the
3 Public
jbell on DSK30RV082PROD with RULES
Penalty
adjusted
for 2019
Law
This rule codifies these civil penalty
amounts by amending parts 1264 and
1271 of title 14 of the CFR.
Law 101–410, 104 Stat. 890 (1990).
4 Public Law 104–134, section 31001(s)(1), 110
Stat. 1321, 1321–373 (1996).
5 Public Law 114–74, section 701, 129 Stat. 584,
599 (2015).
6 See 5 U.S.C. 533(d).
7 5 U.S.C. 603(a), 604(a).
8 44 U.S.C. 3506.
VerDate Sep<11>2014
16:13 Apr 03, 2019
Jkt 247001
Paperwork Reduction Act are contained
in the final rule.
List of Subjects in 14 CFR Parts 1264
and 1271
Claims, Lobbying, Penalties.
For the reasons stated in the
preamble, the National Aeronautics and
Space Administration is amending 14
CFR parts 1264 and 1271 as follows:
2018 penalty
13115
b. Remove the two occurrences of the
number ‘‘$196,387’’ and add in its place
the number ‘‘$201,340’’.
■
Cheryl E. Parker,
NASA Federal Register Liaison Officer.
[FR Doc. 2019–06555 Filed 4–3–19; 8:45 am]
BILLING CODE 7510–13–P
FEDERAL TRADE COMMISSION
PART 1264—IMPLEMENTATION OF
THE PROGRAM FRAUD CIVIL
PENALTIES ACT OF 1986
16 CFR Part 316
1. The authority citation for part 1264
continues to read as follows:
Controlling the Assault of NonSolicited Pornography and Marketing
Rule
■
Authority: 31 U.S.C. 3809, 51 U.S.C.
20113(a).
§ 1264.102
[3084–AB38]
ACTION:
[Amended]
Federal Trade Commission.
Confirmation of rule.
AGENCY:
■
The Federal Trade
Commission (‘‘FTC’’ or ‘‘Commission’’)
has completed its regulatory review of
its rule implementing the Controlling
the Assault of Non-Solicited
Pornography and Marketing Act (‘‘CAN–
SPAM Rule’’ or ‘‘Rule’’) as part of the
agency’s periodic review of all its
regulations and guides, and has
determined to retain the Rule in its
present form.
DATES: This action is effective as of
April 4, 2019.
ADDRESSES: Relevant portions of the
record of this proceeding, including this
document, are available at https://
www.ftc.gov.
■
FOR FURTHER INFORMATION CONTACT:
2. In § 1264.102, remove the number
‘‘$11,181’’ and add in its place the
number ‘‘$11,463’’ in the statements
following paragraphs (a)(1)(iv) and
(b)(1)(iii).
■
PART 1271—NEW RESTRICTIONS ON
LOBBYING
3. The authority citation for part 1271
continues to read as follows:
■
Authority: Section 319, Pub. L. 101–121
(31 U.S.C. 1352); Pub. L. 97–258 (31 U.S.C.
6301 et seq.).
§ 1271.400
[Amended]
4. In § 1271.400:
a. In paragraphs (a) and (b), remove
the words ‘‘not less than $19,639 and
not more than $196,387’’ and add in
their place the words ‘‘not less than
$20,134 and not more than $201,340’’.
■ b. In paragraph (e), remove the two
occurrences of ‘‘$19,639’’ and add in
their place ‘‘$20,134’’ and remove
‘‘$196,387’’ and add in its place
‘‘$201,340’’.
Appendix A to Part 1271
[Amended]
5. In appendix A to part 1271:
a. Remove the two occurrences of the
number ‘‘$19,639’’ and add in its place
the number ‘‘$20,134’’.
■
■
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SUMMARY:
Christopher E. Brown, (202) 326–2825,
Bureau of Consumer Protection, Federal
Trade Commission, 600 Pennsylvania
Ave. NW, CC–8528, Washington, DC
20580.
SUPPLEMENTARY INFORMATION:
I. Introduction
The Commission reviews its rules and
guides periodically to seek information
about their costs and benefits, as well as
their regulatory and economic impact.
This information assists the
Commission in identifying rules and
guides that warrant modification or
rescission.
E:\FR\FM\04APR1.SGM
04APR1
Agencies
[Federal Register Volume 84, Number 65 (Thursday, April 4, 2019)]
[Rules and Regulations]
[Pages 13114-13115]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-06555]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Parts 1264 and 1271
RIN 2700-AE48
[Document Number NASA-19-003: Docket Number NASA-2019-0002]
Implementation of the Federal Civil Penalties Inflation
Adjustment Act and Adjustment of Amounts for 2019
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Aeronautics and Space Administration (NASA) has
adopted a final rule making inflation adjustments to civil monetary
penalties within its jurisdiction. This final rule represents the
annual 2019 inflation adjustments of monetary penalties. These
adjustments are required by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015.
DATES: This final rule is effective April 4, 2019.
FOR FURTHER INFORMATION CONTACT: Bryan R. Diederich, Office of the
General Counsel, NASA Headquarters, telephone (202) 358-0216.
SUPPLEMENTARY INFORMATION:
I. Background
The Inflation Adjustment Act, as amended by the 2015 Act, required
Federal agencies to adjust the civil penalty amounts within their
jurisdiction for inflation by July 1, 2016. Subsequent to the 2016
adjustment, Federal agencies were required to make an annual inflation
adjustment by January 15 every year thereafter.\1\ Under the amended
Act, any increase in a civil penalty made under the Act will apply to
penalties assessed after the increase takes effect, including penalties
whose associated violation predated the increase.\2\ The inflation
adjustments mandated by the Act serve to maintain the deterrent effect
of civil penalties and to promote compliance with the law.
---------------------------------------------------------------------------
\1\ See 28 U.S.C. 2461 note.
\2\ Inflation Adjustment Act section 6, codified at 28 U.S.C.
2461 note.
---------------------------------------------------------------------------
Pursuant to the Act, adjustments to the civil penalties are
required to be made by January 15 of each year. The annual adjustments
are based on the percent change between the U.S. 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
2019 is 1.02522 percent. Pursuant to the 2015 Act, adjustments are
rounded to the nearest dollar.
II. The Final Rule
This final rule makes the required adjustments to civil penalties
for 2019. Applying the 2019 multiplier above, the adjustments for each
penalty are summarized below.
----------------------------------------------------------------------------------------------------------------
Penalty
Law Penalty description 2018 penalty adjusted for
2019
----------------------------------------------------------------------------------------------------------------
Program Fraud Civil Remedies Act of 1986...... Maximum Penalties for False $11,181 $11,463
Claims.
Department of the Interior and Related Minimum Penalty for use of 19,639 20,134
Agencies Appropriations Act of 1989, Public appropriated funds to lobby or
Law 101-121, sec. 319. influence certain contracts.
Department of the Interior and Related Maximum Penalty for use of 196,387 201,340
Agencies Appropriations Act of 1989, Public appropriated funds to lobby or
Law 101-121, sec. 319. influence certain contracts.
[[Page 13115]]
Department of the Interior and Related Minimum penalty for failure to 19,639 20,134
Agencies Appropriations Act of 1989, Public report certain lobbying
Law 101-121, sec. 319. transactions.
Department of the Interior and Related Maximum penalty for failure to 196,387 201,340
Agencies Appropriations Act of 1989, Public report certain lobbying
Law 101-121, sec. 319. transactions.
----------------------------------------------------------------------------------------------------------------
This rule codifies these civil penalty amounts by amending parts
1264 and 1271 of title 14 of the CFR.
III. Legal Authority and Effective Date
NASA issues this rule under the Federal Civil Penalties Inflation
Adjustment Act of 1990,\3\ as amended by the Debt Collection
Improvement Act of 1996,\4\ and further amended by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015,\5\ which
requires NASA to adjust the civil penalties within its jurisdiction for
inflation according to a statutorily prescribed formula.
---------------------------------------------------------------------------
\3\ Public Law 101-410, 104 Stat. 890 (1990).
\4\ Public Law 104-134, section 31001(s)(1), 110 Stat. 1321,
1321-373 (1996).
\5\ Public Law 114-74, section 701, 129 Stat. 584, 599 (2015).
---------------------------------------------------------------------------
Section 553 of title 5 of the United States Code generally requires
an agency to publish a rule at least 30 days before its effective date
to allow for advance notice and opportunity for public comments.\6\
After the initial adjustment for 2016, however, the Civil Penalties
Inflation Adjustment Act requires agencies to make subsequent annual
adjustments for inflation ``notwithstanding section 553 of title 5,
United States Code.'' Moreover, the 2019 adjustments are made according
to a statutory formula that does not provide for agency discretion.
Accordingly, a delay in effectiveness of the 2019 adjustments is not
required.
---------------------------------------------------------------------------
\6\ See 5 U.S.C. 533(d).
---------------------------------------------------------------------------
IV. Regulatory Requirements
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required, the
Regulatory Flexibility Act does not require an initial or final
regulatory flexibility analysis.\7\
---------------------------------------------------------------------------
\7\ 5 U.S.C. 603(a), 604(a).
---------------------------------------------------------------------------
Paperwork Reduction Act
In accordance with the Paperwork Reduction Act of 1995,\8\ NASA
reviewed this final rule. No collections of information pursuant to the
Paperwork Reduction Act are contained in the final rule.
---------------------------------------------------------------------------
\8\ 44 U.S.C. 3506.
---------------------------------------------------------------------------
List of Subjects in 14 CFR Parts 1264 and 1271
Claims, Lobbying, Penalties.
For the reasons stated in the preamble, the National Aeronautics
and Space Administration is amending 14 CFR parts 1264 and 1271 as
follows:
PART 1264--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT
OF 1986
0
1. The authority citation for part 1264 continues to read as follows:
Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a).
Sec. 1264.102 [Amended]
0
2. In Sec. 1264.102, remove the number ``$11,181'' and add in its
place the number ``$11,463'' in the statements following paragraphs
(a)(1)(iv) and (b)(1)(iii).
PART 1271--NEW RESTRICTIONS ON LOBBYING
0
3. The authority citation for part 1271 continues to read as follows:
Authority: Section 319, Pub. L. 101-121 (31 U.S.C. 1352); Pub.
L. 97-258 (31 U.S.C. 6301 et seq.).
Sec. 1271.400 [Amended]
0
4. In Sec. 1271.400:
0
a. In paragraphs (a) and (b), remove the words ``not less than $19,639
and not more than $196,387'' and add in their place the words ``not
less than $20,134 and not more than $201,340''.
0
b. In paragraph (e), remove the two occurrences of ``$19,639'' and add
in their place ``$20,134'' and remove ``$196,387'' and add in its place
``$201,340''.
Appendix A to Part 1271 [Amended]
0
5. In appendix A to part 1271:
0
a. Remove the two occurrences of the number ``$19,639'' and add in its
place the number ``$20,134''.
0
b. Remove the two occurrences of the number ``$196,387'' and add in its
place the number ``$201,340''.
Cheryl E. Parker,
NASA Federal Register Liaison Officer.
[FR Doc. 2019-06555 Filed 4-3-19; 8:45 am]
BILLING CODE 7510-13-P