Program Fraud Civil Remedies Act of 1986, Civil Monetary Penalties Inflation Adjustment, 53064-53065 [2019-21465]

Download as PDF 53064 Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Rules and Regulations § 52.2591 Section 110(a)(2) infrastructure requirements. * * * * * (h) Approval. In a July 13, 2015, submission, supplemented August 8, 2016, WDNR certified that the State has satisfied the infrastructure SIP requirements of section 110(a)(2)(A) through (H), and (J) through (M) for the 2012 PM2.5 NAAQS. We are not taking action on the stationary source monitoring and reporting requirements of section 110(a)(2)(F). We will address these requirements in a separate action. * * * * * [FR Doc. 2019–21354 Filed 10–3–19; 8:45 am] BILLING CODE 6560–50–P GENERAL SERVICES ADMINISTRATION 41 CFR Part 105–70 [FPMR Case 2019–101–1; Docket No. GSA– FPMR–2019–0010; Sequence No. 1] RIN 3090–AK05 Program Fraud Civil Remedies Act of 1986, Civil Monetary Penalties Inflation Adjustment Office of General Counsel, General Services Administration. ACTION: Final rule. AGENCY: In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015, this final rule incorporates the penalty inflation adjustments for the civil monetary penalties set forth in the United States Code, as codified in our regulations. DATES: Effective: November 4, 2019. FOR FURTHER INFORMATION CONTACT: Mr. Aaron Pound, Assistant General Counsel, General Law Division (LG), General Services Administration, 1800 F Street NW, Washington, DC 20405. Telephone Number 202–501–1460. SUPPLEMENTARY INFORMATION: khammond on DSKJM1Z7X2PROD with RULES SUMMARY: I. The Debt Collection Improvement Act of 1996 To maintain the remedial impact of civil monetary penalties (CMPs) and to promote compliance with the law, the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101– 410) was amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104–134) to require Federal agencies to regularly adjust certain CMPs for inflation and further amended VerDate Sep<11>2014 16:14 Oct 03, 2019 Jkt 250001 by the Federal Civil Penalties Inflation Adjustment Act Improvement Act of 2015 (Sec. 701 of Pub. L. 114–74). As amended, the law requires each agency to make an initial inflationary adjustment for all applicable CMPs, and to make further adjustments at least once every year thereafter for these penalty amounts. The Debt Collection Improvement Act of 1996 further stipulates that any resulting increases in a CMP due to the calculated inflation adjustments shall apply only to violations which occur after the date the increase takes effect, i.e., thirty (30) days after date of publication in the Federal Register. Pursuant to the 2015 Act, agencies are required to adjust the level of the CMP with an initial ‘‘catch up‘‘, and make subsequent annual adjustments for inflation. Catch up adjustments are based on the percent change between the Consumer Price Index for Urban Consumers (CPI–U) for the month of October for the year of the previous adjustment, and the October 2015 CPI–U. Annual inflation adjustments will be based on the percent change between the October CPI–U preceding the date of adjustment and the prior year’s October CPI–U. II. The Program Fraud Civil Remedies Act of 1986 In 1986, sections 6103 and 6104 of the Omnibus Budget Reconciliation Act of 1986 (Pub. L. 99–501) set forth the Program Fraud Civil Remedies Act of 1986 (PFCRA). Specifically, this statute imposes a CMP and an assessment against any person who, with knowledge or reason to know, makes, submits, or presents a false, fictitious, or fraudulent claim or statement to the Government. The General Services Administration’s regulations, published in the Federal Register (61 FR 246, December 20, 1996) and codified at 41 CFR part 105–70, set forth a CMP of up to $10,781 for each false claim or statement made to the agency. Based on the penalty amount inflation factor calculation, derived from originally dividing the June 2015 CPI by the June 1996 CPI and making the CPI-based annual adjustment thereafter, after rounding we are adjusting the maximum penalty amount for this CMP to $11,001 per violation. III. Waiver of Proposed Rulemaking In developing this final rule, we are waiving the usual notice of proposed rulemaking and public comment procedures set forth in the Administrative Procedure Act, 5 U.S.C. 553 (APA). The APA provides an exception to the notice and comment procedures when an agency finds there PO 00000 Frm 00072 Fmt 4700 Sfmt 4700 is good cause for dispensing with such procedures on the basis that they are impracticable, unnecessary or contrary to the public interest. We have determined that under 5 U.S.C. 553(b)(3)(B) good cause exists for dispensing with the notice of proposed rulemaking and public comment procedures for this rule. Specifically, this rulemaking comports and is consistent with the statutory authority set forth in the Debt Collection Improvement Act of 1996, with no issues of policy discretion. Accordingly, we believe that opportunity for prior comment is unnecessary and contrary to the public interest, and we are issuing these revised regulations as a final rule that will apply to all future cases under this authority. IV. Executive Orders 12866 and 13563 Executive Orders (E.O.s) 12866 and 13563 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). E.O. 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. This is a not significant regulatory action and, therefore, was not subject to review under Section 6(b) of E.O. 12866, Regulatory Planning and Review, dated September 30, 1993. This rule is not a major rule under 5 U.S.C. 804. The Office of Management and Budget (OMB) has reviewed this final rule in accordance with the provisions of E.O. 12866 and has determined that it does not meet the criteria for a significant regulatory action. As indicated above, the provisions contained in this final rulemaking set forth the inflation adjustments in compliance with the Debt Collection Improvement Act of 1996 for specific applicable CMPs. The great majority of individuals, organizations and entities addressed through these regulations do not engage in such prohibited conduct, and as a result, we believe that any aggregate economic impact of these revised regulations will be minimal, affecting only those limited few who may engage in prohibited conduct in violation of the statute. As such, this final rule and the inflation adjustment contained therein should have no effect on Federal or state expenditures. E:\FR\FM\04OCR1.SGM 04OCR1 Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Rules and Regulations V. Regulatory Flexibility Act The Administrator of General Services certifies that this final rule will not have a significant economic impact on a substantial number of small business entities. While some penalties may have an impact on small business entities, it is the nature of the violation and not the size of the entity that will result in an action by the agency, and the aggregate economic impact of this rulemaking on small business entities should be minimal, affecting only those few who have engaged in prohibited conduct in violation of statutory intent. VI. Paperwork Reduction Act This final rule imposes no new reporting or recordkeeping requirements necessitating clearance by OMB. List of Subject in 41 CFR Part 105–70 Administrative hearing, Claims, Program fraud. Accordingly, 41 CFR part 105–70 is amended as set forth below: PART 105–70—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 1. The authority citation for part 105– 70 is revised to read as follows: ■ Authority: 40 U.S.C. 121(c); 31 U.S.C. 3809. * * § 105–70.003 * * [Amended] 2. Amend § 105–70.003 by removing from paragraphs (a)(1)(iv) and (b)(1)(ii) the amount ‘‘$11,001’’ and adding ‘‘$11,282’’ in its place. ■ [FR Doc. 2019–21465 Filed 10–3–19; 8:45 am] BILLING CODE 6820–81–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No. 181210999–9239–02] khammond on DSKJM1Z7X2PROD with RULES RIN 0648–XX016 Fisheries of the Northeastern United States; Atlantic Sea Scallop Fishery; Closure of the Mid-Atlantic Scallop Access Area to General Category Individual Fishing Quota Scallop Vessels National Marine Fisheries Service (NMFS), National Oceanic and AGENCY: VerDate Sep<11>2014 16:14 Oct 03, 2019 Jkt 250001 NMFS announces that the Mid-Atlantic Scallop Access Area is closed to Limited Access General Category Individual Fishing Quota scallop vessels for the remainder of the 2019 fishing year. No vessel issued a Limited Access General Category Individual Fishing Quota permit may fish for, possess, or land scallops from the Mid-Atlantic Scallop Access Area. Regulations require this action once it is projected that 100 percent of trips allocated to the Limited Access General Category Individual Fishing Quota scallop vessels for the Mid-Atlantic Scallop Access Area will be taken. DATES: Effective 0001 hr local time, October 2, 2019, through March 31, 2020. SUMMARY: FOR FURTHER INFORMATION CONTACT: Dated: September 25, 2019. Emily W. Murphy, Administrator. * Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. Travis Ford, Policy Analyst, (978) 281– 9233. SUPPLEMENTARY INFORMATION: Regulations governing fishing activity in the Sea Scallop Access Areas can be found in 50 CFR 648.59 and 648.60. These regulations authorize vessels issued a valid Limited Access General Category (LAGC) Individual Fishing Quota (IFQ) scallop permit to fish in the Mid-Atlantic Scallop Access Area under specific conditions, including a total of 1,713 trips that may be taken during the 2019 fishing year. Section 648.59(g)(3)(iii) requires the MidAtlantic Scallop Access Area to be closed to LAGC IFQ permitted vessels for the remainder of the fishing year once the NMFS Greater Atlantic Regional Administrator determines that the allocated number of trips for fishing year 2019 are projected to be taken. Based on trip declarations by LAGC IFQ scallop vessels fishing in the MidAtlantic Scallop Access Area, analysis of fishing effort, and other information, NMFS projects that 1,713 trips will be taken as of October 2, 2019. Therefore, in accordance with § 648.59(g)(3)(iii), NMFS is closing the Mid-Atlantic Scallop Access Area to all LAGC IFQ scallop vessels as of October 2, 2019. No vessel issued an LAGC IFQ permit may fish for, possess, or land scallops in or from the Mid-Atlantic Scallop Access Area after 0001 local time, October 2, 2019. Any LAGC IFQ vessel that has declared into the Mid-Atlantic Access Area scallop fishery, complied with all trip notification and observer requirements, and crossed the VMS demarcation line on the way to the area before 0001, October 2, 2019, may PO 00000 Frm 00073 Fmt 4700 Sfmt 9990 53065 complete its trip without being subject to this closure. This closure is in effect for the remainder of the 2019 scallop fishing year, through March 31, 2020. Classification This action is required by 50 CFR part 648 and is exempt from review under Executive Order 12866. NMFS finds good cause under to 5 U.S.C. 553(b)(B) to waive prior notice and the opportunity for public comment because it would be contrary to the public interest and impracticable. The Mid-Atlantic Scallop Access Area opened for the 2019 fishing year on April 1, 2019. The regulations at § 648.59(g)(3)(iii) require this closure to ensure that LAGC IFQ scallop vessels do not take more than their allocated number of trips in the area. The projected date on which the LAGC IFQ fleet will have taken all of its allocated trips in an Access Area becomes apparent only as trips into the area occur on a real-time basis and as activity trends begin to appear. As a result, NMFS can only make an accurate projection very close in time to when the fleet has taken all of its trips. To allow LAGC IFQ scallop vessels to continue to take trips in the MidAtlantic Scallop Access Area during the period necessary to publish and receive comments on a proposed rule would likely result in the vessels taking much more than the allowed number of trips in the Mid-Atlantic Scallop Access Area. Excessive trips and harvest from the Mid-Atlantic Scallop Access Area would result in excessive fishing effort in the area, where effort controls are critical, thereby undermining conservation objectives of the Atlantic Sea Scallop Fishery Management Plan and requiring more restrictive future management measures. Also, the public had prior notice and full opportunity to comment on this closure process when it was enacted. For these same reasons, NMFS further finds, under to 5 U.S.C. 553(d)(3), good cause to waive the 30day delayed effectiveness period. Authority: 16 U.S.C. 1801 et seq. Dated: October 1, 2019. Jennifer M. Wallace, Acting Director, Office of Sustainable Fisheries, National Marine Fisheries Service. [FR Doc. 2019–21636 Filed 10–1–19; 4:15 pm] BILLING CODE 3510–22–P E:\FR\FM\04OCR1.SGM 04OCR1

Agencies

[Federal Register Volume 84, Number 193 (Friday, October 4, 2019)]
[Rules and Regulations]
[Pages 53064-53065]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-21465]


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GENERAL SERVICES ADMINISTRATION

41 CFR Part 105-70

[FPMR Case 2019-101-1; Docket No. GSA-FPMR-2019-0010; Sequence No. 1]
RIN 3090-AK05


Program Fraud Civil Remedies Act of 1986, Civil Monetary 
Penalties Inflation Adjustment

AGENCY: Office of General Counsel, General Services Administration.

ACTION: Final rule.

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

SUMMARY: In accordance with the Federal Civil Penalties Inflation 
Adjustment Act of 1990, as amended by the Debt Collection Improvement 
Act of 1996 and further amended by the Federal Civil Penalties 
Inflation Adjustment Act Improvement Act of 2015, this final rule 
incorporates the penalty inflation adjustments for the civil monetary 
penalties set forth in the United States Code, as codified in our 
regulations.

DATES: Effective: November 4, 2019.

FOR FURTHER INFORMATION CONTACT: Mr. Aaron Pound, Assistant General 
Counsel, General Law Division (LG), General Services Administration, 
1800 F Street NW, Washington, DC 20405. Telephone Number 202-501-1460.

SUPPLEMENTARY INFORMATION: 

I. The Debt Collection Improvement Act of 1996

    To maintain the remedial impact of civil monetary penalties (CMPs) 
and to promote compliance with the law, the Federal Civil Penalties 
Inflation Adjustment Act of 1990 (Pub. L. 101-410) was amended by the 
Debt Collection Improvement Act of 1996 (Pub. L. 104-134) to require 
Federal agencies to regularly adjust certain CMPs for inflation and 
further amended by the Federal Civil Penalties Inflation Adjustment Act 
Improvement Act of 2015 (Sec. 701 of Pub. L. 114-74). As amended, the 
law requires each agency to make an initial inflationary adjustment for 
all applicable CMPs, and to make further adjustments at least once 
every year thereafter for these penalty amounts. The Debt Collection 
Improvement Act of 1996 further stipulates that any resulting increases 
in a CMP due to the calculated inflation adjustments shall apply only 
to violations which occur after the date the increase takes effect, 
i.e., thirty (30) days after date of publication in the Federal 
Register. Pursuant to the 2015 Act, agencies are required to adjust the 
level of the CMP with an initial ``catch up``, and make subsequent 
annual adjustments for inflation. Catch up adjustments are based on the 
percent change between the Consumer Price Index for Urban Consumers 
(CPI-U) for the month of October for the year of the previous 
adjustment, and the October 2015 CPI-U. Annual inflation adjustments 
will be based on the percent change between the October CPI-U preceding 
the date of adjustment and the prior year's October CPI-U.

II. The Program Fraud Civil Remedies Act of 1986

    In 1986, sections 6103 and 6104 of the Omnibus Budget 
Reconciliation Act of 1986 (Pub. L. 99-501) set forth the Program Fraud 
Civil Remedies Act of 1986 (PFCRA). Specifically, this statute imposes 
a CMP and an assessment against any person who, with knowledge or 
reason to know, makes, submits, or presents a false, fictitious, or 
fraudulent claim or statement to the Government. The General Services 
Administration's regulations, published in the Federal Register (61 FR 
246, December 20, 1996) and codified at 41 CFR part 105-70, set forth a 
CMP of up to $10,781 for each false claim or statement made to the 
agency. Based on the penalty amount inflation factor calculation, 
derived from originally dividing the June 2015 CPI by the June 1996 CPI 
and making the CPI-based annual adjustment thereafter, after rounding 
we are adjusting the maximum penalty amount for this CMP to $11,001 per 
violation.

III. Waiver of Proposed Rulemaking

    In developing this final rule, we are waiving the usual notice of 
proposed rulemaking and public comment procedures set forth in the 
Administrative Procedure Act, 5 U.S.C. 553 (APA). The APA provides an 
exception to the notice and comment procedures when an agency finds 
there is good cause for dispensing with such procedures on the basis 
that they are impracticable, unnecessary or contrary to the public 
interest. We have determined that under 5 U.S.C. 553(b)(3)(B) good 
cause exists for dispensing with the notice of proposed rulemaking and 
public comment procedures for this rule. Specifically, this rulemaking 
comports and is consistent with the statutory authority set forth in 
the Debt Collection Improvement Act of 1996, with no issues of policy 
discretion. Accordingly, we believe that opportunity for prior comment 
is unnecessary and contrary to the public interest, and we are issuing 
these revised regulations as a final rule that will apply to all future 
cases under this authority.

IV. Executive Orders 12866 and 13563

    Executive Orders (E.O.s) 12866 and 13563 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). E.O. 
13563 emphasizes the importance of quantifying both costs and benefits, 
of reducing costs, of harmonizing rules, and of promoting flexibility. 
This is a not significant regulatory action and, therefore, was not 
subject to review under Section 6(b) of E.O. 12866, Regulatory Planning 
and Review, dated September 30, 1993. This rule is not a major rule 
under 5 U.S.C. 804.
    The Office of Management and Budget (OMB) has reviewed this final 
rule in accordance with the provisions of E.O. 12866 and has determined 
that it does not meet the criteria for a significant regulatory action. 
As indicated above, the provisions contained in this final rulemaking 
set forth the inflation adjustments in compliance with the Debt 
Collection Improvement Act of 1996 for specific applicable CMPs. The 
great majority of individuals, organizations and entities addressed 
through these regulations do not engage in such prohibited conduct, and 
as a result, we believe that any aggregate economic impact of these 
revised regulations will be minimal, affecting only those limited few 
who may engage in prohibited conduct in violation of the statute. As 
such, this final rule and the inflation adjustment contained therein 
should have no effect on Federal or state expenditures.

[[Page 53065]]

V. Regulatory Flexibility Act

    The Administrator of General Services certifies that this final 
rule will not have a significant economic impact on a substantial 
number of small business entities. While some penalties may have an 
impact on small business entities, it is the nature of the violation 
and not the size of the entity that will result in an action by the 
agency, and the aggregate economic impact of this rulemaking on small 
business entities should be minimal, affecting only those few who have 
engaged in prohibited conduct in violation of statutory intent.

VI. Paperwork Reduction Act

    This final rule imposes no new reporting or recordkeeping 
requirements necessitating clearance by OMB.

List of Subject in 41 CFR Part 105-70

    Administrative hearing, Claims, Program fraud.

    Dated: September 25, 2019.
Emily W. Murphy,
Administrator.

    Accordingly, 41 CFR part 105-70 is amended as set forth below:

PART 105-70--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT 
OF 1986

0
1. The authority citation for part 105-70 is revised to read as 
follows:

    Authority:  40 U.S.C. 121(c); 31 U.S.C. 3809.
* * * * *


Sec.  105-70.003   [Amended]

0
2. Amend Sec.  105-70.003 by removing from paragraphs (a)(1)(iv) and 
(b)(1)(ii) the amount ``$11,001'' and adding ``$11,282'' in its place.

[FR Doc. 2019-21465 Filed 10-3-19; 8:45 am]
 BILLING CODE 6820-81-P