Program Fraud Civil Remedies Act of 1986, Civil Monetary Penalties Inflation Adjustment, 53064-53065 [2019-21465]
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53064
Federal Register / Vol. 84, No. 193 / Friday, October 4, 2019 / Rules and Regulations
§ 52.2591 Section 110(a)(2) infrastructure
requirements.
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(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.
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[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.
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§ 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]
=======================================================================
-----------------------------------------------------------------------
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