Federal Civil Monetary Penalties Inflation Adjustment for 2021, 14244-14245 [2021-05312]

Download as PDF 14244 Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Rules and Regulations (4) AMOCs approved previously for AD 2017–26–10 are approved as AMOCs for the corresponding provisions of this AD. (k) Related Information (1) For more information about this AD, contact Katherine Venegas, Aerospace Engineer, Cabin Safety and Environmental Systems Section, FAA, Los Angeles ACO Branch, 3960 Paramount Boulevard, Lakewood, CA 90712–4137; phone: 562–627– 5353; fax: 562–627–5210; email: Katherine.Venegas@faa.gov. (2) Service information identified in this AD that is not incorporated by reference is available at the addresses specified in paragraphs (l)(3) and (4) of this AD. (l) Material Incorporated by Reference Issued on February 21, 2021. Ross Landes, Deputy Director for Regulatory Operations, Compliance & Airworthiness Division, Aircraft Certification Service. [FR Doc. 2021–05253 Filed 3–12–21; 8:45 am] BILLING CODE 4910–13–P NATIONAL AERONAUTICS AND SPACE ADMINISTRATION 14 CFR Parts 1264 and 1271 RIN 2700–AE60 (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 the AD specifies otherwise. (i) Boeing Alert Requirements Bulletin 757–27A0158 RB, dated July 9, 2020. (ii) [Reserved] (3) For service information identified in this AD, contact Boeing Commercial Airplanes, Attention: Contractual & Data Services (C&DS), 2600 Westminster Blvd., MC 110–SK57, Seal Beach, CA 90740–5600; telephone 562–797–1717; internet https:// www.myboeingfleet.com. (4) You may view this service information at the FAA, Airworthiness Products Section, Operational Safety Branch, 2200 South 216th St., Des Moines, WA. For information on the availability of this material at the FAA, call 206–231–3195. (5) 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, email fedreg.legal@nara.gov, or go to: https:// khammond on DSKJM1Z7X2PROD with RULES www.archives.gov/federal-register/cfr/ibrlocations.html. [Document Number NASA–21–005: Docket Number NASA–2021–001] Federal Civil Monetary Penalties Inflation Adjustment for 2021 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 2021 inflation adjustments of monetary penalties. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. SUMMARY: This final rule is effective March 15, 2021. FOR FURTHER INFORMATION CONTACT: Bryan R. Diederich, Office of the General Counsel, NASA Headquarters, telephone (202) 358–0216. DATES: 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. 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 2020 is 1.01182. 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 2021. Applying the 2021 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. 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. $11,665 20,489 $11,803 20,731 Maximum Penalty for use of appropriated funds to lobby or influence certain contracts. 204,892 207,314 Minimum penalty for failure to report certain lobbying transactions. 20,489 20,731 Maximum penalty for failure to report certain lobbying transactions. 204,892 207,314 1 See 28 U.S.C. 2461 note. VerDate Sep<11>2014 17:09 Mar 12, 2021 2020 penalty Penalty adjusted for 2021 Law 2 Inflation Adjustment Act section 6, codified at 28 U.S.C. 2461 note. Jkt 253001 PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 E:\FR\FM\15MRR1.SGM 15MRR1 Federal Register / Vol. 86, No. 48 / Monday, March 15, 2021 / Rules and Regulations This rule codifies these civil penalty amounts by amending parts 1264 and 1271 of title 14 of the CFR. Flexibility Act does not require an initial or final regulatory flexibility analysis.7 ■ III. Legal Authority and Effective Date Paperwork Reduction Act Nanette J. Smith, Team Lead, NASA Directives and Regulations Management. 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 2021 adjustments are made according to a statutory formula that does not provide for agency discretion. Accordingly, a delay in effectiveness of the 2021 adjustments is not required. IV. Regulatory Requirements 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 rule is not a significant regulatory action under E.O. 12866 and was not reviewed by the Office of Management and Budget (OMB). 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. List of Subjects in 14 CFR Parts 1264 and 1271 For the reasons stated in the preamble, the National Aeronautics and Space Administration is amending 14 CFR parts 1264 and 1271 as follows: Law 101–410, 104 Stat. 890 (1990). 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). VerDate Sep<11>2014 15:55 Mar 12, 2021 Jkt 253001 DEPARTMENT OF HOMELAND SECURITY U.S. Customs and Border Protection 19 CFR Parts 4, 122, 123, 145, and 149 [Docket No. USCBP–2021–0009; CBP Dec. 21–04] RIN 1651–AB33 1. The authority citation for part 1264 continues to read as follows: AGENCY: ■ Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a). § 1264.102 [Amended] 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] ■ ■ 5. In appendix A to part 1271: ■ a. Remove the number ‘‘$20,489’’ everywhere it appears and add in its place the number ‘‘$20,731.’’ ■ 75 U.S.C. 603(a), 604(a). U.S.C. 3506. 8 44 PO 00000 Frm 00025 Fmt 4700 U.S. Customs and Border Protection, Department of Homeland Security (DHS). ACTION: Interim final rule; request for comments. To address the threat of synthetic opioids and other dangerous items coming to the United States in international mail shipments and to implement the requirements of the Synthetics Trafficking and Overdose Prevention Act of 2018 (STOP Act), U.S. Customs and Border Protection (CBP) is amending its regulations to require the United States Postal Service (USPS) to transmit certain advance electronic information to CBP. These amended regulations provide that, for certain inbound international mail shipments, CBP must electronically receive from USPS, within specified time frames, certain mandatory advance electronic data (AED) and updates thereto. These regulations describe the new mandatory AED requirements, including the types of inbound international mail shipments for which AED is required, the time frame in which USPS must provide the required AED to CBP, and the criteria for the exclusion from AED requirements for mail shipments from specific countries. The regulations also address compliance dates and the necessary remedial actions that must be taken with respect to shipments for which USPS has not complied with AED requirements. DATES: Effective date: This interim final rule is effective March 15, 2021. Comment date: Comments must be received by May 14, 2021. SUMMARY: 2. In § 1264.102, remove the number ‘‘$11,665’’ everywhere it appears and add in its place the number ‘‘$11,803.’’ ■ Appendix A to Part 1271 [Amended] 4 Public BILLING CODE 7510–13–P Mandatory Advance Electronic Information for International Mail Shipments Regulatory Flexibility Act 3 Public [FR Doc. 2021–05312 Filed 3–12–21; 8:45 am] PART 1264—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT OF 1986 This rule is not an E.O. 13771 regulatory action because this final rule is not significant under E.O. 12866. Because no notice of proposed rulemaking is required, the Regulatory b. Remove the number ‘‘$204,892’’ everywhere it appears and add in its place the number ‘‘$207,314.’’ Claims, Lobbying, Penalties. 4. In § 1271.400: a. In paragraphs (a) and (b), remove the words ‘‘not less than $20,489 and not more than $204,892’’ and add in their place the words ‘‘not less than $20,731 and not more than $207,314.’’ ■ b. In paragraph (e), remove the two occurrences of ‘‘$20,489’’ and add in their place ‘‘$20,731’’ and remove ‘‘$204,892’’ and add in its place ‘‘$207,314.’’ Executive Order 13771 khammond on DSKJM1Z7X2PROD with RULES 14245 Sfmt 4700 E:\FR\FM\15MRR1.SGM 15MRR1

Agencies

[Federal Register Volume 86, Number 48 (Monday, March 15, 2021)]
[Rules and Regulations]
[Pages 14244-14245]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-05312]


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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Parts 1264 and 1271

RIN 2700-AE60
[Document Number NASA-21-005: Docket Number NASA-2021-001]


Federal Civil Monetary Penalties Inflation Adjustment for 2021

AGENCY: National Aeronautics and Space Administration.

ACTION: Final rule.

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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 2021 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 March 15, 2021.

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 
2020 is 1.01182. 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 2021. Applying the 2021 multiplier above, the adjustments for each 
penalty are summarized below.

----------------------------------------------------------------------------------------------------------------
                                                                                                      Penalty
                    Law                              Penalty description           2020 penalty    adjusted for
                                                                                                       2021
----------------------------------------------------------------------------------------------------------------
Program Fraud Civil Remedies Act of 1986...  Maximum Penalties for False Claims.         $11,665         $11,803
Department of the Interior and Related       Minimum Penalty for use of                   20,489          20,731
 Agencies Appropriations Act of 1989,         appropriated funds to lobby or
 Public Law 101-121, sec. 319.                influence certain contracts.
Department of the Interior and Related       Maximum Penalty for use of                  204,892         207,314
 Agencies Appropriations Act of 1989,         appropriated funds to lobby or
 Public Law 101-121, sec. 319.                influence certain contracts.
Department of the Interior and Related       Minimum penalty for failure to               20,489          20,731
 Agencies Appropriations Act of 1989,         report certain lobbying
 Public Law 101-121, sec. 319.                transactions.
Department of the Interior and Related       Maximum penalty for failure to              204,892         207,314
 Agencies Appropriations Act of 1989,         report certain lobbying
 Public Law 101-121, sec. 319.                transactions.
----------------------------------------------------------------------------------------------------------------


[[Page 14245]]

    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 2021 adjustments are made according 
to a statutory formula that does not provide for agency discretion. 
Accordingly, a delay in effectiveness of the 2021 adjustments is not 
required.
---------------------------------------------------------------------------

    \6\ See 5 U.S.C. 533(d).
---------------------------------------------------------------------------

IV. Regulatory Requirements

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 rule is not a significant regulatory action under E.O. 12866 and 
was not reviewed by the Office of Management and Budget (OMB).

Executive Order 13771

    This rule is not an E.O. 13771 regulatory action because this final 
rule is not significant under E.O. 12866.

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\
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    \7\ 5 U.S.C. 603(a), 604(a).
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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.
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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 ``$11,665'' everywhere it 
appears and add in its place the number ``$11,803.''

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 $20,489 
and not more than $204,892'' and add in their place the words ``not 
less than $20,731 and not more than $207,314.''
0
b. In paragraph (e), remove the two occurrences of ``$20,489'' and add 
in their place ``$20,731'' and remove ``$204,892'' and add in its place 
``$207,314.''

Appendix A to Part 1271 [Amended]

0
5. In appendix A to part 1271:
0
a. Remove the number ``$20,489'' everywhere it appears and add in its 
place the number ``$20,731.''
0
b. Remove the number ``$204,892'' everywhere it appears and add in its 
place the number ``$207,314.''

Nanette J. Smith,
Team Lead, NASA Directives and Regulations Management.
[FR Doc. 2021-05312 Filed 3-12-21; 8:45 am]
BILLING CODE 7510-13-P