Annual Civil Monetary Penalties Inflation Adjustment, 70902-70903 [2019-27669]

Download as PDF 70902 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Rules and Regulations appropriate circuit by February 24, 2020. Filing a petition for reconsideration by the Administrator of this final rule does not affect the finality of this action for the purposes of judicial review nor does it extend the time within which a petition for judicial review may be filed, and shall not postpone the effectiveness of such rule or action. This action may not be challenged later in proceedings to enforce its requirements. (See section 307(b)(2).) K. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations This action does not provide EPA with the discretionary authority to address, as appropriate, disproportionate human health or environmental effects, using practicable and legally permissible methods. L. Congressional Review Act (CRA) This rule is exempt from the CRA because it is a rule of particular applicability. The rule makes factual determinations for specific entities and does not directly regulate any entities. The determination of failure to attain the 2008 ozone NAAQS (and resulting reclassification) does not in itself create any new requirements beyond what is mandated by the CAA. List of Subjects in 40 CFR Part 81 Environmental protection, Air pollution control, Carbon monoxide, Designations and classifications, Greenhouse gases, Intergovernmental relations, Lead, Nitrogen dioxide, Ozone, Particulate matter, Reporting and recordkeeping requirements, Sulfur oxides, Volatile organic compounds. M. Judicial Review Dated: December 16, 2019. Gregory Sopkin, Regional Administrator, Region 8. Under section 307(b)(1) of the Clean Air Act, petitions for judicial review of this action must be filed in the United States Court of Appeals for the Agency amends 40 CFR part 81 as follows: PART 81—DESIGNATION OF AREAS FOR AIR QUALITY PLANNING PURPOSES 1. The authority citation for part 81 continues to read as follows: ■ Authority: 42 U.S.C. 7401, et seq. Subpart C—Section 107 Attainment Status Designations 2. In § 81.306, the table ‘‘Colorado— 2008 8-Hour Ozone NAAQS (Primary and secondary)’’ is amended by revising the ‘‘Date’’ and ‘‘Type’’ entries under ‘‘Classification’’ for ‘‘Denver-BoulderGreeley-Ft. Collins-Loveland, CO:2’’ to read as follows: ■ § 81.306 * Colorado. * * * * For the reasons stated in the preamble, the Environmental Protection COLORADO—2008 8-HOUR OZONE NAAQS [Primary and secondary] Designation Designated Area Denver-Boulder-Greeley-Ft. Collins-Loveland, * * * CO: 2 * * * * * [FR Doc. 2019–27485 Filed 12–23–19; 8:45 am] BILLING CODE 6560–50–P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 45 CFR Parts 1230 and 2554 RIN 3045–AA73 Annual Civil Monetary Penalties Inflation Adjustment Corporation for National and Community Service. ACTION: Interim final rule. AGENCY: The Corporation for National and Community Service (CNCS) is updating its regulations to reflect required annual inflation-related increases to the civil monetary penalties in its regulations, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 20:33 Dec 23, 2019 .............. Jkt 250001 Classification Date 1 Type ........................ Nonattainment ........................ * * Effective date: This rule is effective January 15, 2020. Comment due date: Technical comments may be submitted until January 27, 2020. ADDRESSES: You may submit comments, identified by the title of the information collection activity, by any of the following methods: (1) By mail sent to: Corporation for National and Community Service; Attention Stephanie Soper; Office of General Counsel; 250 E Street SW, Washington, DC 20525. (2) By hand delivery or by courier to the CNCS mailroom at the address above between 9:00 a.m. and 4:00 p.m. Eastern Time, Monday through Friday, except federal holidays. (3) Electronically through www.regulations.gov. Comments submitted in response to this Notice will be made available to the public through www.regulations.gov. For this reason, please do not include in your comments information of a confidential nature, such as sensitive personal information or proprietary information. If you send an email PO 00000 Frm 00022 Fmt 4700 Date 1 Sfmt 4700 1/27/2020. Type Serious. * * comment, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the internet. Please note that responses to this public comment request containing any routine notice about the confidentiality of the communication will be treated as public comments that may be made available to the public notwithstanding the inclusion of the routine notice. FOR FURTHER INFORMATION CONTACT: Stephanie Soper, Law Office Manager, Office of General Counsel, at 202–606– 6747 or email to ssoper@cns.gov. SUPPLEMENTARY INFORMATION: I. Background The Corporation for National and Community Service (CNCS) is a federal agency that engages millions of Americans in service through its AmeriCorps, Senior Corps, and Volunteer Generation Fund programs to further its mission to improve lives, strengthen communities, and foster E:\FR\FM\26DER1.SGM 26DER1 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Rules and Regulations civic engagement through service and volunteering. For more information, visit NationalService.gov. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114–74) (the ‘‘Act’’), which is intended to improve the effectiveness of civil monetary penalties and to maintain the deterrent effect of such penalties, requires agencies to adjust the civil monetary penalties for inflation annually. khammond on DSKJM1Z7X2PROD with RULES II. Method of Calculation CNCS has two civil monetary penalties in its regulations. A civil monetary penalty under the Act is a penalty, fine, or other sanction that is for a specific monetary amount as provided by Federal law or has a maximum amount provided for by federal law and is assessed or enforced by an agency pursuant to federal law and is assessed or enforced pursuant to an administrative proceeding or a civil action in the federal courts. (See 28 U.S.C. 2461 note). The inflation adjustment for each applicable civil monetary penalty is determined using the percent increase in the Consumer Price Index for all Urban Consumers (CPI–U) for the month of October of the year in which the amount of each civil money penalty was most recently established or modified. In the December 16, 2019, OMB Memo for the Heads of Executive Agencies and Departments, M–20–05, Implementation of Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, OMB published the multiplier for the required annual adjustment. The costof-living adjustment multiplier for 2020, based on the CPI–U for the month of October 2019, not seasonally adjusted, is 1.01764. CNCS identified two civil penalties in its regulations: (1) The penalty associated with Restrictions on Lobbying (45 CFR 1230.400) and (2) the penalty associated with the Program Fraud Civil Remedies Act (45 CFR 2554.1). The civil monetary penalties related to Restrictions on Lobbying (Section 319, Pub. L. 101–121; 31 U.S.C. 1352) range from $20,134 to $201,340. Using the 2020 multiplier, the new range of possible civil monetary penalties is from $20,489 to $204,892. The Program Fraud Civil Remedies Act of 1986 (Pub. L. 99–509) civil monetary penalty has an upper limit of $11,463. Using the 2020 multiplier, the new upper limit of the civil monetary penalty is $11,665. VerDate Sep<11>2014 15:55 Dec 23, 2019 Jkt 250001 III. Summary of Final Rule List of Subjects This final rule adjusts the civil monetary penalty amounts related to Restrictions on Lobbying (45 CFR 1230.400) and the Program Fraud Civil Remedies Act of 1986 (45 CFR 2554.1). The range of civil monetary penalties related to Restrictions on Lobbying increase from ‘‘$20,134 to $201,340’’ to ‘‘$20,489 to $204,892.’’ The civil monetary penalties for the Program Fraud Civil Remedies Act of 1986 increase from ‘‘up to $11,463’’ to ‘‘up to $11,665.’’ 45 CFR Part 1230 IV. Regulatory Procedures A. Determination of Good Cause for Publication Without Notice and Comment CNCS finds, under 5 U.S.C. 553(b)(3)(B), that there is good cause to except this rule from the public notice and comment provisions of the Administrative Procedure Act, 5 U.S.C. 553(b). Because CNCS is implementing a final rule pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires CNCS to update its regulations based on a prescribed formula, CNCS has no discretion in the nature or amount of the change to the civil monetary penalties. Therefore, notice and comment for these proscribed updates is impracticable and unnecessary. As an interim final rule, no further regulatory action is required for the issuance of this legally binding rule. If you would like to provide technical comments, however, they may be submitted until January 27, 2020. B. Review Under Procedural Statutes and Executive Orders CNCS has determined that making technical changes to the amount of civil monetary penalties in its regulations does not trigger any requirements under procedural statutes and Executive Orders that govern rulemaking procedures. V. Effective Date This rule is effective January 15, 2020. The adjusted civil penalty amounts apply to civil penalties assessed on or after January 15, 2020, when the violation occurred after November 2, 2015. If the violation occurred prior to November 2, 2015, or a penalty was assessed prior to August 1, 2016, the pre-adjustment civil penalty amounts in effect prior to August 1, 2106, will apply. PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 70903 Government contracts, Grant programs, Loan programs, Lobbying, Penalties, Reporting and recordkeeping requirements. 45 CFR Part 2554 Claims, Fraud, Organization and functions (Government agencies), Penalties. For the reasons discussed in the preamble, under the authority of 42 U.S.C. 12651c(c), the Corporation for National and Community Service amends chapters XII and XXV, title 45 of the Code of Federal Regulations as follows: PART 1230—NEW RESTRICTIONS ON LOBBYING 1. The authority citation for part 1230 continues to read as follows: ■ Authority: Section 319, Pub. L. 101–121 (31 U.S.C. 1352); Pub. L. 93–113; 42 U.S.C. 4951, et seq.; 42 U.S.C. 5060. § 1230.400 [Amended] 2. Amend § 1230.400 by: ■ a. In paragraphs (a), (b), and (e), removing ‘‘$20,134’’ and adding, in its place, ‘‘$20,489’’ each place it appears. ■ b. In paragraphs (a), (b), and (e), removing ‘‘$201,340’’ and adding, in its place, ‘‘$204,892’’ each place it appears. ■ Appendix A to Part 1230 [Amended] 3. Amend appendix A to part 1230 by: a. Removing ‘‘$20,134’’ and adding, in its place, ‘‘$20,489’’ each place it appears. ■ b. Removing ‘‘$201,340’’ and adding, in its place, ‘‘$204,892’’ each place it appears. ■ ■ PART 2554—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS 4. The authority citation for part 2554 continues to read as follows: ■ Authority: Pub. L. 99–509, Secs. 6101– 6104, 100 Stat. 1874 (31 U.S.C. 3801–3812); 42 U.S.C. 12651c-12651d. § 2554.1 [Amended] 5. Amend § 2554.1 by removing ‘‘$11,463’’ in paragraph (b) and adding, in its place, ‘‘$11,665.’’ ■ Dated: December 18, 2019. Timothy Noelker, General Counsel. [FR Doc. 2019–27669 Filed 12–23–19; 8:45 am] BILLING CODE 6050–28–P E:\FR\FM\26DER1.SGM 26DER1

Agencies

[Federal Register Volume 84, Number 247 (Thursday, December 26, 2019)]
[Rules and Regulations]
[Pages 70902-70903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-27669]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Parts 1230 and 2554

RIN 3045-AA73


Annual Civil Monetary Penalties Inflation Adjustment

AGENCY: Corporation for National and Community Service.

ACTION: Interim final rule.

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

SUMMARY: The Corporation for National and Community Service (CNCS) is 
updating its regulations to reflect required annual inflation-related 
increases to the civil monetary penalties in its regulations, pursuant 
to the Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015.

DATES: 
    Effective date: This rule is effective January 15, 2020.
    Comment due date: Technical comments may be submitted until January 
27, 2020.

ADDRESSES: You may submit comments, identified by the title of the 
information collection activity, by any of the following methods:
    (1) By mail sent to: Corporation for National and Community 
Service; Attention Stephanie Soper; Office of General Counsel; 250 E 
Street SW, Washington, DC 20525.
    (2) By hand delivery or by courier to the CNCS mailroom at the 
address above between 9:00 a.m. and 4:00 p.m. Eastern Time, Monday 
through Friday, except federal holidays.
    (3) Electronically through www.regulations.gov.
    Comments submitted in response to this Notice will be made 
available to the public through www.regulations.gov. For this reason, 
please do not include in your comments information of a confidential 
nature, such as sensitive personal information or proprietary 
information. If you send an email comment, your email address will be 
automatically captured and included as part of the comment that is 
placed in the public docket and made available on the internet. Please 
note that responses to this public comment request containing any 
routine notice about the confidentiality of the communication will be 
treated as public comments that may be made available to the public 
notwithstanding the inclusion of the routine notice.

FOR FURTHER INFORMATION CONTACT: Stephanie Soper, Law Office Manager, 
Office of General Counsel, at 202-606-6747 or email to [email protected].

SUPPLEMENTARY INFORMATION: 

I. Background

    The Corporation for National and Community Service (CNCS) is a 
federal agency that engages millions of Americans in service through 
its AmeriCorps, Senior Corps, and Volunteer Generation Fund programs to 
further its mission to improve lives, strengthen communities, and 
foster

[[Page 70903]]

civic engagement through service and volunteering. For more 
information, visit NationalService.gov.
    The Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (Sec. 701 of Pub. L. 114-74) (the ``Act''), which is 
intended to improve the effectiveness of civil monetary penalties and 
to maintain the deterrent effect of such penalties, requires agencies 
to adjust the civil monetary penalties for inflation annually.

II. Method of Calculation

    CNCS has two civil monetary penalties in its regulations. A civil 
monetary penalty under the Act is a penalty, fine, or other sanction 
that is for a specific monetary amount as provided by Federal law or 
has a maximum amount provided for by federal law and is assessed or 
enforced by an agency pursuant to federal law and is assessed or 
enforced pursuant to an administrative proceeding or a civil action in 
the federal courts. (See 28 U.S.C. 2461 note).
    The inflation adjustment for each applicable civil monetary penalty 
is determined using the percent increase in the Consumer Price Index 
for all Urban Consumers (CPI-U) for the month of October of the year in 
which the amount of each civil money penalty was most recently 
established or modified. In the December 16, 2019, OMB Memo for the 
Heads of Executive Agencies and Departments, M-20-05, Implementation of 
Penalty Inflation Adjustments for 2020, Pursuant to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015, OMB 
published the multiplier for the required annual adjustment. The cost-
of-living adjustment multiplier for 2020, based on the CPI-U for the 
month of October 2019, not seasonally adjusted, is 1.01764.
    CNCS identified two civil penalties in its regulations: (1) The 
penalty associated with Restrictions on Lobbying (45 CFR 1230.400) and 
(2) the penalty associated with the Program Fraud Civil Remedies Act 
(45 CFR 2554.1).
    The civil monetary penalties related to Restrictions on Lobbying 
(Section 319, Pub. L. 101-121; 31 U.S.C. 1352) range from $20,134 to 
$201,340. Using the 2020 multiplier, the new range of possible civil 
monetary penalties is from $20,489 to $204,892.
    The Program Fraud Civil Remedies Act of 1986 (Pub. L. 99-509) civil 
monetary penalty has an upper limit of $11,463. Using the 2020 
multiplier, the new upper limit of the civil monetary penalty is 
$11,665.

III. Summary of Final Rule

    This final rule adjusts the civil monetary penalty amounts related 
to Restrictions on Lobbying (45 CFR 1230.400) and the Program Fraud 
Civil Remedies Act of 1986 (45 CFR 2554.1). The range of civil monetary 
penalties related to Restrictions on Lobbying increase from ``$20,134 
to $201,340'' to ``$20,489 to $204,892.'' The civil monetary penalties 
for the Program Fraud Civil Remedies Act of 1986 increase from ``up to 
$11,463'' to ``up to $11,665.''

IV. Regulatory Procedures

A. Determination of Good Cause for Publication Without Notice and 
Comment

    CNCS finds, under 5 U.S.C. 553(b)(3)(B), that there is good cause 
to except this rule from the public notice and comment provisions of 
the Administrative Procedure Act, 5 U.S.C. 553(b). Because CNCS is 
implementing a final rule pursuant to the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015, which requires CNCS 
to update its regulations based on a prescribed formula, CNCS has no 
discretion in the nature or amount of the change to the civil monetary 
penalties. Therefore, notice and comment for these proscribed updates 
is impracticable and unnecessary. As an interim final rule, no further 
regulatory action is required for the issuance of this legally binding 
rule. If you would like to provide technical comments, however, they 
may be submitted until January 27, 2020.

B. Review Under Procedural Statutes and Executive Orders

    CNCS has determined that making technical changes to the amount of 
civil monetary penalties in its regulations does not trigger any 
requirements under procedural statutes and Executive Orders that govern 
rulemaking procedures.

V. Effective Date

    This rule is effective January 15, 2020. The adjusted civil penalty 
amounts apply to civil penalties assessed on or after January 15, 2020, 
when the violation occurred after November 2, 2015. If the violation 
occurred prior to November 2, 2015, or a penalty was assessed prior to 
August 1, 2016, the pre-adjustment civil penalty amounts in effect 
prior to August 1, 2106, will apply.

List of Subjects

45 CFR Part 1230

    Government contracts, Grant programs, Loan programs, Lobbying, 
Penalties, Reporting and recordkeeping requirements.

45 CFR Part 2554

    Claims, Fraud, Organization and functions (Government agencies), 
Penalties.
    For the reasons discussed in the preamble, under the authority of 
42 U.S.C. 12651c(c), the Corporation for National and Community Service 
amends chapters XII and XXV, title 45 of the Code of Federal 
Regulations as follows:

PART 1230--NEW RESTRICTIONS ON LOBBYING

0
1. The authority citation for part 1230 continues to read as follows:

    Authority:  Section 319, Pub. L. 101-121 (31 U.S.C. 1352); Pub. 
L. 93-113; 42 U.S.C. 4951, et seq.; 42 U.S.C. 5060.


Sec.  1230.400  [Amended]

0
2. Amend Sec.  1230.400 by:
0
a. In paragraphs (a), (b), and (e), removing ``$20,134'' and adding, in 
its place, ``$20,489'' each place it appears.
0
b. In paragraphs (a), (b), and (e), removing ``$201,340'' and adding, 
in its place, ``$204,892'' each place it appears.

Appendix A to Part 1230 [Amended]

0
3. Amend appendix A to part 1230 by:
0
a. Removing ``$20,134'' and adding, in its place, ``$20,489'' each 
place it appears.
0
b. Removing ``$201,340'' and adding, in its place, ``$204,892'' each 
place it appears.

PART 2554--PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS

0
4. The authority citation for part 2554 continues to read as follows:

    Authority:  Pub. L. 99-509, Secs. 6101-6104, 100 Stat. 1874 (31 
U.S.C. 3801-3812); 42 U.S.C. 12651c-12651d.


Sec.  2554.1  [Amended]

0
5. Amend Sec.  2554.1 by removing ``$11,463'' in paragraph (b) and 
adding, in its place, ``$11,665.''

    Dated: December 18, 2019.
Timothy Noelker,
General Counsel.
[FR Doc. 2019-27669 Filed 12-23-19; 8:45 am]
BILLING CODE 6050-28-P