Annual Civil Monetary Penalties Inflation Adjustment, 2728-2729 [2022-00909]

Download as PDF 2728 Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations determined that Executive Order 13132, entitled ‘‘Federalism’’ (64 FR 43255, August 10, 1999) and Executive Order 13175, entitled ‘‘Consultation and Coordination with Indian Tribal Governments’’ (65 FR 67249, November 9, 2000) do not apply to this action. In addition, this action does not impose any enforceable duty or contain any unfunded mandate as described under Title II of the Unfunded Mandates Reform Act (UMRA) (2 U.S.C. 1501 et seq.). This action does not involve any technical standards that would require Agency consideration of voluntary consensus standards pursuant to section 12(d) of the National Technology Transfer and Advancement Act (NTTAA) (15 U.S.C. 272 note). Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), EPA will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to publication of the rule in the Federal Register. This action is not a ‘‘major rule’’ as defined by 5 U.S.C. 804(2). List of Subjects in 40 CFR Part 180 Environmental protection, Administrative practice and procedure, Agricultural commodities, Pesticides, and pests, Reporting and recordkeeping requirements. Dated: December 29, 2021. Daniel Rosenblatt, Acting Director, Registration Division, Office of Pesticide Programs. Therefore, for the reasons stated in the preamble, EPA is amending 40 CFR chapter 1 as follows: PART 180—TOLERANCES AND EXEMPTIONS FOR PESTICIDE CHEMICAL RESIDUES IN FOOD 1. The authority citation for part 180 continues to read as follows: ■ Authority: 21 U.S.C. 321(q), 346a and 371. 2. Amend § 180.622, by adding in alphabetical order to table 1 to paragraph (a) the entries ‘‘Brassica, leafy greens, subgroup 4–16B’’ and ‘‘Vegetable, Brassica, head and stem, group 5–16’’ to read as follows: jspears on DSK121TN23PROD with RULES1 § 180.622 Ethaboxam; tolerances for residues. (a) * * * VerDate Sep<11>2014 16:00 Jan 18, 2022 Jkt 256001 Parts per million Commodity * * * * Brassica, leafy greens, subgroup 4–16B * * * * * Vegetable, Brassica, head and stem, group 5–16 ........................................... * * * * * 7 3 * [FR Doc. 2022–00854 Filed 1–18–22; 8:45 am] BILLING CODE 6560–50–P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 45 CFR Parts 1230 and 2554 RIN 3045–AA82 VII. Congressional Review Act ■ TABLE 1 TO PARAGRAPH (a) Annual Civil Monetary Penalties Inflation Adjustment Corporation for National and Community Service. ACTION: Final rule. AGENCY: The Corporation for National and Community Service (operating as AmeriCorps) is updating its regulations to reflect required annual inflationrelated increases to the civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Act) and Office of Management and Budget (OMB) guidance. DATES: This rule is effective January 19, 2022. FOR FURTHER INFORMATION CONTACT: Kiara Rhodes, Office of General Counsel, at PublicComments@cns.gov or at 202–937–6965. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background AmeriCorps, the operating name for Corporation for National and Community Service, is a Federal agency that engages millions of Americans in service. AmeriCorps members and AmeriCorps Seniors volunteers serve directly with nonprofit organizations to tackle our Nation’s most pressing challenges. For more information, visit americorps.gov. AmeriCorps has two civil monetary penalties in its regulations. A civil monetary penalty under the Act is a penalty, fine, or other sanction that: (1) Is for a specific monetary amount as provided by Federal law or has a maximum amount provided for by Federal law; and (2) is assessed or enforced by an agency pursuant to Federal law; and (3) is assessed or PO 00000 Frm 00056 Fmt 4700 Sfmt 4700 enforced pursuant to an administrative proceeding or a civil action in the Federal courts. (See 28 U.S.C. 2461 note). A civil monetary penalty does not include a penalty levied for violation of a criminal statute, or fees for services, licenses, permits, or other regulatory review. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Sec. 701 of Pub. L. 114–74) (the ‘‘Act’’) requires agencies to adjust their civil monetary penalties for inflation annually. This rule updates AmeriCorps’ two civil penalties for inflation. II. Method of Calculation 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. See December 15, 2021, OMB Memo for the Heads of Executive Departments and Agencies, M–22–07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The cost-of-living adjustment multiplier for 2022, based on the CPI–U for the month of October 2021, not seasonally adjusted, is 1.06222. The agency 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 (45 CFR 1230.400) range from $20,732 to $207,313. Using the 2022 multiplier, the new range of possible civil monetary penalties is from $22,022 to $220,212. • The Program Fraud Civil Remedies Act of 1986 (45 CFR 2554.1) civil monetary penalty has an upper limit of $11,803. Using the 2022 multiplier, the new upper limit of the civil monetary penalty is $12,537. 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 ‘‘$20,732 to $207,313’’ to ‘‘$22,022 to $220,212.’’ The civil monetary penalties for the Program Fraud Civil Remedies Act of 1986 E:\FR\FM\19JAR1.SGM 19JAR1 jspears on DSK121TN23PROD with RULES1 Federal Register / Vol. 87, No. 12 / Wednesday, January 19, 2022 / Rules and Regulations increase from ‘‘up to $11,803’’ to ‘‘up to $12,537.’’ immediately upon publication in the Federal Register. IV. Regulatory Procedures B. Review Under Procedural Statutes and Executive Orders A. Determination of Good Cause for Publication Without Notice and Comment and With an Immediate Effective Date Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553) provides that, when an agency for good cause finds that notice and public comment procedures are impracticable, unnecessary, or contrary to the public interest, then the agency may issue a rule without providing notice and an opportunity for prior public comment. The agency finds that there is good cause to except this rule from the public notice and comment provisions of the APA in this case. Because the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires the agency to update its regulations based on a prescribed formula, the agency has no discretion in the nature or amount of the change to the civil monetary penalties to reflect any views or suggestions provided by commenters. Accordingly, it would serve no purpose to provide an opportunity for public comment on this rule prior to promulgation. Thus, providing for notice and public comment is impracticable and unnecessary. Additionally, it would not be possible to meet the deadlines imposed by the Act if we were to first publish a proposed rule, allow the public sufficient time to submit comments, analyze the comments, and publish a final rule. Therefore, notice and comment for these proscribed updates is impracticable and unnecessary. Furthermore, the agency finds under section 553(d)(3) of the APA that good cause exists to make this final rule effective immediately upon publication in the Federal Register. In the Act, Congress expressly required Federal agencies to publish annual inflation adjustments to civil penalties in the Federal Register by January 15 of each year, notwithstanding section 553 of the APA. Under the statutory framework and OMB guidance, the new penalty levels take effect immediately upon the effective date of the adjustment. The statutory deadline does not allow time to delay this rule’s effective date beyond publication. Moreover, an effective date after January 15 would delay application of the new penalty levels, contrary to Congress’s intent. Accordingly, we are issuing the annual adjustments as a final rule without prior notice or an opportunity for comment and with an effective date VerDate Sep<11>2014 16:00 Jan 18, 2022 Jkt 256001 § 2554.1 2729 [Amended] 5. Amend § 2554.1 by removing ‘‘$11,803’’ in paragraph (b) and adding, in its place, ‘‘$12,537.’’ ■ The agency 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. Dated: January 13, 2022. Fernando Laguarda, General Counsel. List of Subjects DEPARTMENT OF COMMERCE 45 CFR Part 1230 National Telecommunications and Information Administration Government contracts, Grant programs, Loan programs, Lobbying, Penalties, Reporting and recordkeeping requirements. [FR Doc. 2022–00909 Filed 1–18–22; 8:45 am] BILLING CODE 6050–28–P 47 CFR Part 300 [Docket Number: 220112–0011] 45 CFR Part 2554 RIN 0660–AA37 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: Manual of Regulations and Procedures for Federal Radio Frequency Management National Telecommunications and Information Administration, U.S. Department of Commerce. ACTION: Final rule. AGENCY: ■ The National Telecommunications and Information Administration (NTIA) is making certain changes to its regulations relating to the public availability of the Manual of Regulations and Procedures for Federal Radio Frequency Management (NTIA Manual). Specifically, NTIA is releasing a new edition of the NTIA Manual, with which Federal agencies must comply when requesting use of radio frequency spectrum. ■ DATES: 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 ‘‘$20,732’’ and adding, in its place, ‘‘$22,022’’ each place it appears. ■ b. In paragraphs (a), (b), and (e), removing ‘‘$207,313’’ and adding, in its place, ‘‘$220,212’’ each place it appears. Appendix A to Part 1230 [Amended] 3. Amend appendix A to part 1230 by: a. Removing ‘‘$20,732’’ and adding, in its place, ‘‘$22,022’’ each place it appears. ■ b. Removing ‘‘$207,313’’ and adding, in its place, ‘‘$220,212’’ 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. PO 00000 Frm 00057 Fmt 4700 Sfmt 4700 SUMMARY: Effective: January 19, 2022. The incorporation by reference of certain publications listed in the rule is approved by the Director of the Federal Register as of February 18, 2022. ADDRESSES: A reference copy of the NTIA Manual, including all revisions in effect, is available in the Office of Spectrum Management, 1401 Constitution Avenue NW, Room 1087, Washington, DC 20230. FOR FURTHER INFORMATION CONTACT: Alan Frable, Office of Spectrum Management, at (202) 482–1670 or afrable@ntia.gov. SUPPLEMENTARY INFORMATION: Background NTIA authorizes the U.S. Government’s use of radio frequency spectrum. 47 U.S.C. 902(b)(2)(A). As part of this authority, NTIA developed the NTIA Manual to provide further guidance to applicable Federal agencies E:\FR\FM\19JAR1.SGM 19JAR1

Agencies

Corporation for National and Community Service

[Federal Register Volume 87, Number 12 (Wednesday, January 19, 2022)]
[Rules and Regulations]
[Pages 2728-2729]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00909]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Parts 1230 and 2554

RIN 3045-AA82


Annual Civil Monetary Penalties Inflation Adjustment

AGENCY: Corporation for National and Community Service.

ACTION: Final rule.

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

SUMMARY: The Corporation for National and Community Service (operating 
as AmeriCorps) is updating its regulations to reflect required annual 
inflation-related increases to the civil monetary penalties under the 
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 
2015 (Act) and Office of Management and Budget (OMB) guidance.

DATES: This rule is effective January 19, 2022.

FOR FURTHER INFORMATION CONTACT: Kiara Rhodes, Office of General 
Counsel, at [email protected] or at 202-937-6965.

SUPPLEMENTARY INFORMATION:

I. Background

    AmeriCorps, the operating name for Corporation for National and 
Community Service, is a Federal agency that engages millions of 
Americans in service. AmeriCorps members and AmeriCorps Seniors 
volunteers serve directly with nonprofit organizations to tackle our 
Nation's most pressing challenges. For more information, visit 
americorps.gov.
    AmeriCorps has two civil monetary penalties in its regulations. A 
civil monetary penalty under the Act is a penalty, fine, or other 
sanction that: (1) Is for a specific monetary amount as provided by 
Federal law or has a maximum amount provided for by Federal law; and 
(2) is assessed or enforced by an agency pursuant to Federal law; and 
(3) is assessed or enforced pursuant to an administrative proceeding or 
a civil action in the Federal courts. (See 28 U.S.C. 2461 note). A 
civil monetary penalty does not include a penalty levied for violation 
of a criminal statute, or fees for services, licenses, permits, or 
other regulatory review.
    The Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (Sec. 701 of Pub. L. 114-74) (the ``Act'') requires 
agencies to adjust their civil monetary penalties for inflation 
annually. This rule updates AmeriCorps' two civil penalties for 
inflation.

II. Method of Calculation

    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. See December 15, 2021, OMB Memo for the Heads 
of Executive Departments and Agencies, M-22-07, Implementation of 
Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015. The cost-
of-living adjustment multiplier for 2022, based on the CPI-U for the 
month of October 2021, not seasonally adjusted, is 1.06222.
    The agency 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 (45 CFR 1230.400) range from $20,732 to $207,313. Using the 
2022 multiplier, the new range of possible civil monetary penalties is 
from $22,022 to $220,212.
     The Program Fraud Civil Remedies Act of 1986 (45 CFR 
2554.1) civil monetary penalty has an upper limit of $11,803. Using the 
2022 multiplier, the new upper limit of the civil monetary penalty is 
$12,537.

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 ``$20,732 
to $207,313'' to ``$22,022 to $220,212.'' The civil monetary penalties 
for the Program Fraud Civil Remedies Act of 1986

[[Page 2729]]

increase from ``up to $11,803'' to ``up to $12,537.''

IV. Regulatory Procedures

A. Determination of Good Cause for Publication Without Notice and 
Comment and With an Immediate Effective Date

    Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 
553) provides that, when an agency for good cause finds that notice and 
public comment procedures are impracticable, unnecessary, or contrary 
to the public interest, then the agency may issue a rule without 
providing notice and an opportunity for prior public comment. The 
agency finds that there is good cause to except this rule from the 
public notice and comment provisions of the APA in this case. Because 
the Federal Civil Penalties Inflation Adjustment Act Improvements Act 
of 2015 requires the agency to update its regulations based on a 
prescribed formula, the agency has no discretion in the nature or 
amount of the change to the civil monetary penalties to reflect any 
views or suggestions provided by commenters. Accordingly, it would 
serve no purpose to provide an opportunity for public comment on this 
rule prior to promulgation. Thus, providing for notice and public 
comment is impracticable and unnecessary. Additionally, it would not be 
possible to meet the deadlines imposed by the Act if we were to first 
publish a proposed rule, allow the public sufficient time to submit 
comments, analyze the comments, and publish a final rule. Therefore, 
notice and comment for these proscribed updates is impracticable and 
unnecessary.
    Furthermore, the agency finds under section 553(d)(3) of the APA 
that good cause exists to make this final rule effective immediately 
upon publication in the Federal Register. In the Act, Congress 
expressly required Federal agencies to publish annual inflation 
adjustments to civil penalties in the Federal Register by January 15 of 
each year, notwithstanding section 553 of the APA. Under the statutory 
framework and OMB guidance, the new penalty levels take effect 
immediately upon the effective date of the adjustment. The statutory 
deadline does not allow time to delay this rule's effective date beyond 
publication. Moreover, an effective date after January 15 would delay 
application of the new penalty levels, contrary to Congress's intent.
    Accordingly, we are issuing the annual adjustments as a final rule 
without prior notice or an opportunity for comment and with an 
effective date immediately upon publication in the Federal Register.

B. Review Under Procedural Statutes and Executive Orders

    The agency 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.

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 ``$20,732'' and adding, in 
its place, ``$22,022'' each place it appears.
0
b. In paragraphs (a), (b), and (e), removing ``$207,313'' and adding, 
in its place, ``$220,212'' each place it appears.

Appendix A to Part 1230 [Amended]

0
3. Amend appendix A to part 1230 by:
0
a. Removing ``$20,732'' and adding, in its place, ``$22,022'' each 
place it appears.
0
b. Removing ``$207,313'' and adding, in its place, ``$220,212'' 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 ``$11,803'' in paragraph (b) and 
adding, in its place, ``$12,537.''

    Dated: January 13, 2022.
Fernando Laguarda,
General Counsel.
[FR Doc. 2022-00909 Filed 1-18-22; 8:45 am]
BILLING CODE 6050-28-P

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