Implementing the Federal Civil Penalties Adjustment Act Improvements Act of 2015, 35566-35567 [2020-11440]

Download as PDF 35566 Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Rules and Regulations f. Executive Order 13175: Consultation and Coordination With Indian Tribal Governments This action does not have tribal implications, as specified in Executive Order 13175, because the action will not have a direct effect on Indian Tribes, on the relationship between the Federal Government and Indian Tribes, or on the distribution of power and responsibilities between the Federal Government and Indian Tribes. Thus, Executive Order 13175 does not apply to this action. The EPA specifically solicited additional comments on this action from tribal officials. g. Executive Order 13045: Protection of Children From Environmental Health and Safety Risks The EPA interprets Executive Order 13045 (62 FR 19885) as applying only to those regulatory actions that concern health or safety risks, such that the analysis required under Section 5–501 of the Executive order has the potential to influence the regulation. This action is not subject to Executive Order 13045 because it does not establish an environmental standard intended to mitigate health or safety risks. This action is not subject to Executive Order 13211 (66 FR 28355) because it is not a ‘‘significant regulatory action’’ as defined under Executive Order 12866. jbell on DSKJLSW7X2PROD with RULES i. National Technology Transfer and Advancement Act Jkt 250001 List of Subjects in 40 CFR Part 228 Environmental protection, Water pollution control. Mary Walker, Regional Administrator, Region 4. For the reasons set out in the preamble, The EPA amends chapter I, title 40 of the Code of Federal Register as follows: NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES National Endowment for the Humanities 45 CFR Part 1168 RIN 3136–AA39 Implementing the Federal Civil Penalties Adjustment Act Improvements Act of 2015 National Endowment for the Humanities; National Foundation on the Arts and the Humanities. ACTION: Final rule. AGENCY: The National Endowment for the Humanities (NEH) is adopting as final, without change, its interim final rule that adjusted the civil monetary penalties NEH may impose for violations of its New Restrictions on Lobbying regulation, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act). DATES: Effective date: This final rule is effective on June 11, 2020. Applicability date: The adjusted penalty amounts will apply to penalties assessed on or after January 15, 2020 if the associated violations occurred after November 2, 2015. SUMMARY: FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General Counsel, Office of the General Counsel, National Endowment for the Humanities, 400 7th Street SW, Room 4060, Washington, DC 20506; (202) 606– 8322; gencounsel@neh.gov. SUPPLEMENTARY INFORMATION: Background The National Technology Transfer and Advancement Act of 1995 (NTTAA), Public Law 104–113 (15 U.S.C. 3701 et seq.), directs the EPA to use voluntary consensus standards in its regulatory activities unless to do so would be inconsistent with applicable law or otherwise impractical. Voluntary consensus standards are technical standards (e.g., materials specifications, test methods, sampling procedures, and business practices) that are developed or adopted by voluntary consensus bodies. The NTTAA directs the EPA to provide Congress, through the Office of Management and Budget, explanations when the Agency decides not to use available and applicable voluntary consensus standards. This action does not involve technical standards. Therefore, the EPA is not considering the use of any voluntary consensus standards. 16:20 Jun 10, 2020 Executive Order 12898 (59 FR 7629) establishes Federal executive policy on environmental justice. Its main provision directs Federal agencies, to the greatest extent practicable and permitted by law, to make environmental justice part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects of their programs, policies, and activities on minority populations and low-income populations in the United States. The EPA determined that this rule will not have disproportionately high and adverse human health or environmental effects on minority or low-income populations because it does not affect the level of protection provided to human health or the environment. This action is only cancelling the designation of an ODMDS which is no longer viable. Authority: This action is issued under the authority of Section 102 of the Marine Protection, Research, and Sanctuaries Act, as amended, 33 U.S.C. 1412. h. Executive Order 13211: Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use VerDate Sep<11>2014 j. Executive Order 12898: Federal Actions To Address Environmental Justice in Minority Populations and Low-Income Populations PART 228—CRITERIA FOR THE MANAGEMENT OF DISPOSAL SITES FOR OCEAN DUMPING 1. The authority citation for part 228 continues to read as follows: ■ Authority: 33 U.S.C. 1412 and 1418. 2. Section 228.15 is amended by removing and reserving paragraph (h)(2) and revising paragraph (h)(20) introductory text to read as follows: ■ § 228.15 Dumping sites designated on a final basis. * * * * * (h) * * * (20) Wilmington, North Carolina; Ocean Dredged Material Disposal Site. * * * * * [FR Doc. 2020–11029 Filed 6–10–20; 8:45 am] BILLING CODE 6560–50–P PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 On April 21, 2020, NEH published in the Federal Register an interim final rule to adjust the civil penalties found in its New Restrictions on Lobbying regulation (45 CFR part 1168) pursuant to the 2015 Act. (See 85 FR 22025). For each regulation that imposes a civil monetary penalty, the 2015 Act requires agencies to: (1) Adjust the level of civil monetary penalties with an initial ‘‘catch-up’’ inflation adjustment through an interim final rulemaking; and (2) make subsequent annual adjustments for inflation. The formula for the amount of a civil monetary penalty inflation adjustment is prescribed by law, as explained in Office of Management and Budget (OMB) Memorandum M–16–06 (February 24, 2016). NEH’s interim final rule, which implemented the initial ‘‘catch-up’’ inflation adjustment and the 2020 E:\FR\FM\11JNR1.SGM 11JNR1 Federal Register / Vol. 85, No. 113 / Thursday, June 11, 2020 / Rules and Regulations inflation adjustment, took effect on April 21, 2020. NEH notified the public that it would accept comments on the interim final rule for thirty (30) days after publication, until May 21, 2020. By that date, NEH did not receive any comments. Therefore, NEH is adopting the interim final rule as final, without change. Executive Order 12866, Regulatory Planning and Review, and Executive Order 13563, Improving Regulation and Regulatory Review This action is not a significant regulatory action and was therefore not submitted to OMB for review. NEH conducted the required assessment under Executive Orders 12866 and 13563 for the interim final rule and this rule finalizes that regulation without change. Executive Order 13771, Reducing Regulation and Controlling Regulatory Costs This action is not expected to be an Executive Order 13771 regulatory action because this action is not significant under Executive Order 12866. Executive Order 13132, Federalism This rulemaking does not have federalism implications. It will not have substantial direct effects on the states, on the relationship between the National Government and the states, or on the distribution of power and responsibilities among the various levels of government. Executive Order 12988, Civil Justice Reform This rulemaking meets the applicable standards set forth in section 3(a) and 3(b)(2) of Executive Order 12988. Specifically, this rule is written in clear language designed to help reduce litigation. Executive Order 13175, Indian Tribal Governments Under the criteria in Executive Order 13175, NEH evaluated this rule and determined that it will not have any potential effects on federally recognized Indian Tribes. jbell on DSKJLSW7X2PROD with RULES Executive Order 12630, Takings Under the criteria in Executive Order 12630, this rulemaking does not have significant takings implications. Therefore, a takings implication assessment is not required. Regulatory Flexibility Act of 1980 This rulemaking will not have a significant adverse impact on a substantial number of small entities, VerDate Sep<11>2014 16:20 Jun 10, 2020 Jkt 250001 including small businesses, small governmental jurisdictions, or certain small not-for-profit organizations. Paperwork Reduction Act of 1995 This rulemaking does not impose an information collection burden under the Paperwork Reduction Act. This action contains no provisions constituting a collection of information pursuant to the Paperwork Reduction Act. Unfunded Mandates Reform Act of 1995 This rulemaking does not contain a Federal mandate that will result in the expenditure by State, local, and Tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. National Environmental Policy Act of 1969 This rulemaking will not have a significant effect on the human environment. Small Business Regulatory Enforcement Fairness Act of 1996 This rulemaking will not be a major rule as defined in section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This rule will not result in an annual effect on the economy of $100 million or more, a major increase in costs or prices, significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreignbased companies in domestic and export markets. E-Government Act of 2002 All information about NEH required to be published in the Federal Register may be accessed at www.neh.gov. The website https://www.regulations.gov contains electronic dockets for NEH’s rulemakings under the Administrative Procedure Act of 1946. Plain Writing Act of 2010 To ensure this final rule was written in plain and clear language so that it can be used and understood by the public, NEH modeled the language of this rule on the Federal Plain Language Guidelines. List of Subjects in 45 CFR Part 1168 Administrative practice and procedure, Lobbying, Penalties. PART 1168—NEW RESTRICTIONS ON LOBBYING Accordingly, NEH adopts the interim final rule amending 45 CFR part 1168, ■ PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 35567 which was published at 85 FR 22025 on April 21, 2020, as final without change. Dated: May 22, 2020. Caitlin Cater, Attorney-Advisor, National Endowment for the Humanities. [FR Doc. 2020–11440 Filed 6–10–20; 8:45 am] BILLING CODE 7536–01–P FEDERAL COMMUNICATIONS COMMISSION 47 CFR Parts 11, 73, and 74 [MB Docket Nos. 19–193 and 17–105; FCC 20–53; FRS 16740] Low Power FM Radio Service Technical Rules Federal Communications Commission. ACTION: Final rule. AGENCY: In this document, the Federal Communications Commission (Commission) adopts a Report and Order (Order) to improve technical rules that primarily affect Low Power FM (LPFM) radio stations. DATES: Effective July 13, 2020, except for the changes to §§ 73.816, 73.850, and 73.870, which are delayed. The Commission will published a document in the Federal Register announcing the effective date. FOR FURTHER INFORMATION CONTACT: Irene Bleiweiss, Media Bureau, Audio Division, (202) 418–2785, or via the internet at Irene.Bleiweiss@fcc.gov. Direct press inquiries to Janice Wise at (202) 418–8165, or via the internet at Janice.Wise@fcc.gov. For additional information concerning the Paperwork Reduction Act (PRA) information collection requirements contained in this document, contact Cathy Williams at 202–418–2918, or via the internet at Cathy.Williams@fcc.gov. SUPPLEMENTARY INFORMATION: This is a summary of the Commission’s Order, in MB Docket Nos. 19–193 and 17–105, FCC 20–53, adopted and released on April 23, 2020. The full text of this document is available electronically via the FCC’s Electronic Document Management System (EDOCS) website https://www.fcc.gov/ecfs/filing/ 0423300323576 or by downloading the text from the Commission’s website at website at http://fjallfoss.fcc.gov/ecfs2/. (Documents will be available electronically in ASCII, Microsoft Word, and/or Adobe Acrobat.) Alternative formats are available for people with disabilities (Braille, large print, electronic files, audio format), by SUMMARY: E:\FR\FM\11JNR1.SGM 11JNR1

Agencies

[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Rules and Regulations]
[Pages 35566-35567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11440]


=======================================================================
-----------------------------------------------------------------------

NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES

National Endowment for the Humanities

45 CFR Part 1168

RIN 3136-AA39


Implementing the Federal Civil Penalties Adjustment Act 
Improvements Act of 2015

AGENCY: National Endowment for the Humanities; National Foundation on 
the Arts and the Humanities.

ACTION: Final rule.

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

SUMMARY: The National Endowment for the Humanities (NEH) is adopting as 
final, without change, its interim final rule that adjusted the civil 
monetary penalties NEH may impose for violations of its New 
Restrictions on Lobbying regulation, pursuant to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 
Act).

DATES: Effective date: This final rule is effective on June 11, 2020. 
Applicability date: The adjusted penalty amounts will apply to 
penalties assessed on or after January 15, 2020 if the associated 
violations occurred after November 2, 2015.

FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General 
Counsel, Office of the General Counsel, National Endowment for the 
Humanities, 400 7th Street SW, Room 4060, Washington, DC 20506; (202) 
606-8322; [email protected].

SUPPLEMENTARY INFORMATION:

Background

    On April 21, 2020, NEH published in the Federal Register an interim 
final rule to adjust the civil penalties found in its New Restrictions 
on Lobbying regulation (45 CFR part 1168) pursuant to the 2015 Act. 
(See 85 FR 22025).
    For each regulation that imposes a civil monetary penalty, the 2015 
Act requires agencies to: (1) Adjust the level of civil monetary 
penalties with an initial ``catch-up'' inflation adjustment through an 
interim final rulemaking; and (2) make subsequent annual adjustments 
for inflation. The formula for the amount of a civil monetary penalty 
inflation adjustment is prescribed by law, as explained in Office of 
Management and Budget (OMB) Memorandum M-16-06 (February 24, 2016).
    NEH's interim final rule, which implemented the initial ``catch-
up'' inflation adjustment and the 2020

[[Page 35567]]

inflation adjustment, took effect on April 21, 2020. NEH notified the 
public that it would accept comments on the interim final rule for 
thirty (30) days after publication, until May 21, 2020. By that date, 
NEH did not receive any comments. Therefore, NEH is adopting the 
interim final rule as final, without change.

Executive Order 12866, Regulatory Planning and Review, and Executive 
Order 13563, Improving Regulation and Regulatory Review

    This action is not a significant regulatory action and was 
therefore not submitted to OMB for review. NEH conducted the required 
assessment under Executive Orders 12866 and 13563 for the interim final 
rule and this rule finalizes that regulation without change.

Executive Order 13771, Reducing Regulation and Controlling Regulatory 
Costs

    This action is not expected to be an Executive Order 13771 
regulatory action because this action is not significant under 
Executive Order 12866.

Executive Order 13132, Federalism

    This rulemaking does not have federalism implications. It will not 
have substantial direct effects on the states, on the relationship 
between the National Government and the states, or on the distribution 
of power and responsibilities among the various levels of government.

Executive Order 12988, Civil Justice Reform

    This rulemaking meets the applicable standards set forth in section 
3(a) and 3(b)(2) of Executive Order 12988. Specifically, this rule is 
written in clear language designed to help reduce litigation.

Executive Order 13175, Indian Tribal Governments

    Under the criteria in Executive Order 13175, NEH evaluated this 
rule and determined that it will not have any potential effects on 
federally recognized Indian Tribes.

Executive Order 12630, Takings

    Under the criteria in Executive Order 12630, this rulemaking does 
not have significant takings implications. Therefore, a takings 
implication assessment is not required.

Regulatory Flexibility Act of 1980

    This rulemaking will not have a significant adverse impact on a 
substantial number of small entities, including small businesses, small 
governmental jurisdictions, or certain small not-for-profit 
organizations.

Paperwork Reduction Act of 1995

    This rulemaking does not impose an information collection burden 
under the Paperwork Reduction Act. This action contains no provisions 
constituting a collection of information pursuant to the Paperwork 
Reduction Act.

Unfunded Mandates Reform Act of 1995

    This rulemaking does not contain a Federal mandate that will result 
in the expenditure by State, local, and Tribal governments, in the 
aggregate, or by the private sector of $100 million or more in any one 
year.

National Environmental Policy Act of 1969

    This rulemaking will not have a significant effect on the human 
environment.

Small Business Regulatory Enforcement Fairness Act of 1996

    This rulemaking will not be a major rule as defined in section 804 
of the Small Business Regulatory Enforcement Fairness Act of 1996. This 
rule will not result in an annual effect on the economy of $100 million 
or more, a major increase in costs or prices, significant adverse 
effects on competition, employment, investment, productivity, 
innovation, or on the ability of United States-based companies to 
compete with foreign-based companies in domestic and export markets.

E-Government Act of 2002

    All information about NEH required to be published in the Federal 
Register may be accessed at www.neh.gov. The website https://www.regulations.gov contains electronic dockets for NEH's rulemakings 
under the Administrative Procedure Act of 1946.

Plain Writing Act of 2010

    To ensure this final rule was written in plain and clear language 
so that it can be used and understood by the public, NEH modeled the 
language of this rule on the Federal Plain Language Guidelines.

List of Subjects in 45 CFR Part 1168

    Administrative practice and procedure, Lobbying, Penalties.

PART 1168--NEW RESTRICTIONS ON LOBBYING

0
Accordingly, NEH adopts the interim final rule amending 45 CFR part 
1168, which was published at 85 FR 22025 on April 21, 2020, as final 
without change.

    Dated: May 22, 2020.
Caitlin Cater,
Attorney-Advisor, National Endowment for the Humanities.

[FR Doc. 2020-11440 Filed 6-10-20; 8:45 am]
BILLING CODE 7536-01-P