Federal Civil Penalties Inflation Adjustment Act Amendments, 3225-3226 [2022-01135]

Download as PDF Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Rules and Regulations Authority: 46 U.S.C. 3306; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.2. 45. Revise the section heading to § 147.5 to read as follows: ■ § 147.5 Commandant (CG–ENG); address. * * * * * ■ 46. Revise the section heading to § 147.40 to read as follows: § 147.40 Materials requiring Commandant (CG–ENG) approval. * * * * * PART 172—SPECIAL RULES PERTAINING TO BULK CARGOES 47. Revise the authority citation for part 172 to read as follows: ■ Authority: 46 U.S.C. 3306, 3703, 5115; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; DHS Delegation 00170.1, Revision No. 01.2. § 172.040 [Amended] 48. In § 172.040(b), remove the text ‘‘17 Battery Place, Suite 1232, New York, New York 10004–1110’’ and add, in its place, the text ‘‘180 Maiden Lane, Suite 903, New York, NY 10038’’. ■ PART 189—INSPECTION AND CERTIFICATION 49. Revise the authority citation for part 189 to read as follows: ■ Authority: 46 U.S.C. 2113, 3306, 3307, 70034; E.O. 12234, 45 FR 58801, 3 CFR, 1980 Comp., p. 277; E.O. 12777, 56 FR 54757, 3 CFR, 1991 Comp., p. 351; DHS Delegation 00170.1, Revision No. 01.2. § 189.25–50 [Amended] 50. In § 189.25–50: a. In paragraph (a), after the word ‘‘he’’, add the words ‘‘or she’’. ■ b. Add reserved paragraph (b). ■ ■ Michael Cunningham, Chief, Office of Regulations and Administrative Law. [FR Doc. 2022–00804 Filed 1–20–22; 8:45 am] BILLING CODE 9110–04–P DEPARTMENT OF VETERANS AFFAIRS 38 CFR Parts 36 and 42 jspears on DSK121TN23PROD with RULES1 RIN 2900–AR41 Federal Civil Penalties Inflation Adjustment Act Amendments Department of Veterans Affairs. Final rule. AGENCY: ACTION: The Department of Veterans Affairs (VA) is providing public notice SUMMARY: VerDate Sep<11>2014 16:23 Jan 20, 2022 Jkt 256001 of inflationary adjustments to the maximum civil monetary penalties assessed or enforced by VA, as implemented by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, for calendar year 2022. VA may impose civil monetary penalties for false loan guaranty certifications. Also, VA may impose civil monetary penalties for fraudulent claims or written statements made in connection with VA programs generally. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, sets forth a formula that increases the maximum statutory amounts for civil monetary penalties and directs VA to give public notice of the new maximum amounts by regulation. DATES: Effective Date: This rule is effective January 21, 2022. FOR FURTHER INFORMATION CONTACT: Stephanie Li, Chief, Regulations Team, Loan Guaranty Service, Department of Veterans Affairs, 810 Vermont Avenue NW, Washington, DC 20420, (202) 632– 8862. (This is not a toll-free number.) SUPPLEMENTARY INFORMATION: On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) (Pub. L. 114–74, sec. 701, 129 Stat. 599), which amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101– 410, 104 Stat. 890), to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act was codified in a note following 28 U.S.C. 2461. The 2015 Act requires agencies to publish annual adjustments for inflation, based on the percentage change between the Consumer Price Index (defined in the Act as the Consumer Price Index for allurban consumers (CPI–U) published by the Department of Labor) for the month of October preceding the date of the adjustment and the prior year’s October CPI–U. 28 U.S.C. 2461 note, secs. 4(a) and (b) and 5(b)(1). This rule implements the 2022 calendar year inflation adjustment amounts. Under 38 U.S.C. 3710(g)(4)(B), VA is authorized to levy civil monetary penalties against private lenders that originate VA-guaranteed loans if a lender falsely certifies that they have complied with certain credit information and loan processing standards, as set forth by chapter 37, title 38 U.S.C. and part 36, title 38 CFR. Under section 3710(g)(4)(B), any lender who knowingly and willfully makes such a false certification shall be liable PO 00000 Frm 00051 Fmt 4700 Sfmt 4700 3225 to the United States Government for a civil penalty equal to two times the amount of the Secretary’s loss on the loan involved or to another appropriate amount, not to exceed $10,000, whichever is greater. VA implemented the penalty amount in 38 CFR 36.4340(k)(1)(i) and (k)(3). On December 15, 2021, the Office of Management and Budget (OMB) issued Circular M–22–07. This circular reflects that the October 2020 CPI–U was 260.388 and the October 2021 CPI–U was 276.589, resulting in an inflation adjustment multiplier of 1.06222. Accordingly, the calendar year 2022 inflation revision imposes an adjustment from $23,607 to $25,076. Under 31 U.S.C. 3802, VA can impose monetary penalties against any person who makes, presents, or submits a claim or written statement to VA that the person knows or has reason to know is false, fictitious, or fraudulent, or who engages in other covered conduct. The statute permits, in addition to any other remedy that may be prescribed by law, a civil penalty of not more than $5,000 for each claim. 31 U.S.C. 3802(a)(1) and (2). VA implemented the penalty amount in 38 CFR 42.3(a)(1) and (b)(1). As previously noted, OMB Circular M– 22–07 reflects an inflation adjustment multiplier of 1.06222. Therefore, the calendar year 2022 inflation revision imposes an adjustment from $11,803 to $12,537. Accordingly, VA is revising 38 CFR 36.4340(k)(1)(i) and (3) and 38 CFR 42.3(a)(1) and (b)(1) to reflect the 2022 inflationary adjustments for civil monetary penalties assessed or enforced by VA. Administrative Procedure Act The Secretary of Veterans Affairs finds that there is good cause under 5 U.S.C. 553(b)(B) and (d)(3) to dispense with the opportunity for prior notice and public comment and to publish this rule with an immediate effective date. The 2015 Act requires agencies to make annual adjustments for inflation to the allowed amounts of civil monetary penalties ‘‘notwithstanding section 553 of title 5, United States Code.’’ 28 U.S.C. 2461 note, sec. 4(a) and (b). The penalty adjustments, and the methodology used to determine the adjustments, are set by the terms of the 2015 Act. VA has no discretion to make changes in those areas. Therefore, an opportunity for prior notice and public comment and a delayed effective date are unnecessary. Executive Orders 12866 and 13563 Executive Orders 12866 and 13563 direct agencies to assess the costs and benefits of available regulatory E:\FR\FM\21JAR1.SGM 21JAR1 3226 Federal Register / Vol. 87, No. 14 / Friday, January 21, 2022 / Rules and Regulations alternatives and, when regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, and other advantages; distributive impacts; and equity). Executive Order 13563 (Improving Regulation and Regulatory Review) emphasizes the importance of quantifying both costs and benefits, reducing costs, harmonizing rules, and promoting flexibility. The Office of Information and Regulatory Affairs has determined that this rule is not a significant regulatory action under Executive Order 12866. The Regulatory Impact Analysis associated with this rulemaking can be found as a supporting document at www.regulations.gov. Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (RFA), imposes certain requirements on Federal agency rules that are subject to the notice and comment requirements of the Administrative Procedure Act (APA), 5 U.S.C. 553(b). This final rule is exempt from the notice and comment requirements of the APA because the 2015 Act directed the Department to issue the annual adjustments without regard to section 553 of the APA. Therefore, the requirements of the RFA applicable to notice and comment rulemaking do not apply to this rule. Accordingly, the Department is not required either to certify that the final rule would not have a significant economic impact on a substantial number of small entities or to conduct a regulatory flexibility analysis. Unfunded Mandates The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 1532, that agencies prepare an assessment of anticipated costs and benefits before issuing any rule that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more (adjusted annually for inflation) in any one year. This final rule will have no such effect on State, local, and tribal governments, or on the private sector. jspears on DSK121TN23PROD with RULES1 Paperwork Reduction Act This final rule contains no provisions constituting a collection of information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501–3521). Assistance Listing The Assistance Listing number and title for the program affected by this VerDate Sep<11>2014 16:23 Jan 20, 2022 Jkt 256001 document is 64.114, Veterans Housing Guaranteed and Insured Loans. Congressional Review Act Pursuant to Subtitle E of the Small Business Regulatory Enforcement Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C. 801 et seq.), the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 804(2). § 42.3 [Amended] 4. In § 42.3, amend paragraphs (a)(1)(iv) and (b)(1)(ii) by removing ‘‘$11,803’’ and adding in its place ‘‘$12,537’’. ■ [FR Doc. 2022–01135 Filed 1–20–22; 8:45 am] BILLING CODE 8320–01–P FEDERAL COMMUNICATIONS COMMISSION List of Subjects 47 CFR Part 73 38 CFR Part 36 [MB Docket No. 21–123; RM–11890; DA 22– 26; FR ID 67332] Condominiums, Housing, Individuals with disabilities, Loan programshousing and community development, Loan programs-veterans, Manufactured homes, Mortgage insurance, Reporting and recordkeeping requirements, Veterans. 38 CFR Part 42 Signing Authority Denis McDonough, Secretary of Veterans Affairs, approved this document on January 14, 2022, and authorized the undersigned to sign and submit the document to the Office of the Federal Register for publication electronically as an official document of the Department of Veterans Affairs. Jeffrey M. Martin, Assistant Director, Office of Regulation Policy & Management, Office of General Counsel, Department of Veterans Affairs. For the reasons stated in the preamble, the Department of Veterans Affairs amends 38 CFR parts 36 and 42 as set forth below: PART 36—LOAN GUARANTY 1. The authority citation for part 36 continues to read as follows: ■ Authority: 38 U.S.C. 501 and 3720. [Amended] 2. In § 36.4340, amend paragraphs (k)(1)(i) introductory text and (k)(3) by removing ‘‘$23,607’’ and adding in its place ‘‘$25,076’’. ■ PART 42—STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT 3. The authority citation for part 42 continues to read as follows: ■ Authority: Pub. L. 99–509, secs. 6101– 6104, 100 Stat. 1874, codified at 31 U.S.C. 3801–3812. PO 00000 Frm 00052 Fmt 4700 Federal Communications Commission. ACTION: Final rule. AGENCY: On September 20, 2021, the Media Bureau, Video Division (Bureau) issued a Notice of Proposed Rulemaking (NPRM) in response to a petition for rulemaking filed by One Ministries, Inc. (Petitioner), requesting the allotment of reserved noncommercial educational channel *4 to Fort Bragg, California, in the Table of Allotments as the community’s second local service. For the reasons set forth in the Report and Order referenced below, the Bureau amends FCC regulations to allot channel *4 at Fort Bragg. The newly allotted channel will be authorized pursuant to the Commission’s application and selection procedures for reserved noncommercial educational television stations. SUMMARY: Administrative practice and procedure, Claims, Fraud, Penalties. § 36.4340 Television Broadcasting Services Fort Bragg, California Sfmt 4700 DATES: Effective January 21, 2022. FOR FURTHER INFORMATION CONTACT: Joyce Bernstein, Media Bureau, at (202) 418–1647 or Joyce.Bernstein@fcc.gov. SUPPLEMENTARY INFORMATION: The proposed rule was published at 86 FR 54144 on September 30, 2021. The Petitioner filed comments in support of the petition, as required by the Commission’s rules, reaffirming its commitment to apply for channel *4 and if authorized, to build a station promptly. No other comments were filed. We believe the public interest would be served by allotting channel *4 at Fort Bragg, California. Fort Bragg (population 7,179) clearly qualifies for community of license status for allotment purposes. In addition, the proposal would result in a second local service to Fort Bragg under the Commission’s third allotment priority. Moreover, the allotment is consistent with the minimum geographic spacing requirements for new DTV allotments in E:\FR\FM\21JAR1.SGM 21JAR1

Agencies

[Federal Register Volume 87, Number 14 (Friday, January 21, 2022)]
[Rules and Regulations]
[Pages 3225-3226]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-01135]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 36 and 42

RIN 2900-AR41


Federal Civil Penalties Inflation Adjustment Act Amendments

AGENCY: Department of Veterans Affairs.

ACTION: Final rule.

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

SUMMARY: The Department of Veterans Affairs (VA) is providing public 
notice of inflationary adjustments to the maximum civil monetary 
penalties assessed or enforced by VA, as implemented by the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015, for 
calendar year 2022. VA may impose civil monetary penalties for false 
loan guaranty certifications. Also, VA may impose civil monetary 
penalties for fraudulent claims or written statements made in 
connection with VA programs generally. The Federal Civil Penalties 
Inflation Adjustment Act of 1990, as amended by the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015, sets forth 
a formula that increases the maximum statutory amounts for civil 
monetary penalties and directs VA to give public notice of the new 
maximum amounts by regulation.

DATES: Effective Date: This rule is effective January 21, 2022.

FOR FURTHER INFORMATION CONTACT: Stephanie Li, Chief, Regulations Team, 
Loan Guaranty Service, Department of Veterans Affairs, 810 Vermont 
Avenue NW, Washington, DC 20420, (202) 632-8862. (This is not a toll-
free number.)

SUPPLEMENTARY INFORMATION: On November 2, 2015, the President signed 
into law the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (2015 Act) (Pub. L. 114-74, sec. 701, 129 
Stat. 599), which amended the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (Pub. L. 101-410, 104 Stat. 890), to improve the 
effectiveness of civil monetary penalties and to maintain their 
deterrent effect. The 2015 Act was codified in a note following 28 
U.S.C. 2461. The 2015 Act requires agencies to publish annual 
adjustments for inflation, based on the percentage change between the 
Consumer Price Index (defined in the Act as the Consumer Price Index 
for all-urban consumers (CPI-U) published by the Department of Labor) 
for the month of October preceding the date of the adjustment and the 
prior year's October CPI-U. 28 U.S.C. 2461 note, secs. 4(a) and (b) and 
5(b)(1). This rule implements the 2022 calendar year inflation 
adjustment amounts.
    Under 38 U.S.C. 3710(g)(4)(B), VA is authorized to levy civil 
monetary penalties against private lenders that originate VA-guaranteed 
loans if a lender falsely certifies that they have complied with 
certain credit information and loan processing standards, as set forth 
by chapter 37, title 38 U.S.C. and part 36, title 38 CFR. Under section 
3710(g)(4)(B), any lender who knowingly and willfully makes such a 
false certification shall be liable to the United States Government for 
a civil penalty equal to two times the amount of the Secretary's loss 
on the loan involved or to another appropriate amount, not to exceed 
$10,000, whichever is greater. VA implemented the penalty amount in 38 
CFR 36.4340(k)(1)(i) and (k)(3). On December 15, 2021, the Office of 
Management and Budget (OMB) issued Circular M-22-07. This circular 
reflects that the October 2020 CPI-U was 260.388 and the October 2021 
CPI-U was 276.589, resulting in an inflation adjustment multiplier of 
1.06222. Accordingly, the calendar year 2022 inflation revision imposes 
an adjustment from $23,607 to $25,076.
    Under 31 U.S.C. 3802, VA can impose monetary penalties against any 
person who makes, presents, or submits a claim or written statement to 
VA that the person knows or has reason to know is false, fictitious, or 
fraudulent, or who engages in other covered conduct. The statute 
permits, in addition to any other remedy that may be prescribed by law, 
a civil penalty of not more than $5,000 for each claim. 31 U.S.C. 
3802(a)(1) and (2). VA implemented the penalty amount in 38 CFR 
42.3(a)(1) and (b)(1). As previously noted, OMB Circular M-22-07 
reflects an inflation adjustment multiplier of 1.06222. Therefore, the 
calendar year 2022 inflation revision imposes an adjustment from 
$11,803 to $12,537.
    Accordingly, VA is revising 38 CFR 36.4340(k)(1)(i) and (3) and 38 
CFR 42.3(a)(1) and (b)(1) to reflect the 2022 inflationary adjustments 
for civil monetary penalties assessed or enforced by VA.

Administrative Procedure Act

    The Secretary of Veterans Affairs finds that there is good cause 
under 5 U.S.C. 553(b)(B) and (d)(3) to dispense with the opportunity 
for prior notice and public comment and to publish this rule with an 
immediate effective date. The 2015 Act requires agencies to make annual 
adjustments for inflation to the allowed amounts of civil monetary 
penalties ``notwithstanding section 553 of title 5, United States 
Code.'' 28 U.S.C. 2461 note, sec. 4(a) and (b). The penalty 
adjustments, and the methodology used to determine the adjustments, are 
set by the terms of the 2015 Act. VA has no discretion to make changes 
in those areas. Therefore, an opportunity for prior notice and public 
comment and a delayed effective date are unnecessary.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct agencies to assess the 
costs and benefits of available regulatory

[[Page 3226]]

alternatives and, when regulation is necessary, to select regulatory 
approaches that maximize net benefits (including potential economic, 
environmental, public health and safety effects, and other advantages; 
distributive impacts; and equity). Executive Order 13563 (Improving 
Regulation and Regulatory Review) emphasizes the importance of 
quantifying both costs and benefits, reducing costs, harmonizing rules, 
and promoting flexibility. The Office of Information and Regulatory 
Affairs has determined that this rule is not a significant regulatory 
action under Executive Order 12866. The Regulatory Impact Analysis 
associated with this rulemaking can be found as a supporting document 
at www.regulations.gov.

Regulatory Flexibility Act

    The Regulatory Flexibility Act, 5 U.S.C. 601 et seq. (RFA), imposes 
certain requirements on Federal agency rules that are subject to the 
notice and comment requirements of the Administrative Procedure Act 
(APA), 5 U.S.C. 553(b). This final rule is exempt from the notice and 
comment requirements of the APA because the 2015 Act directed the 
Department to issue the annual adjustments without regard to section 
553 of the APA. Therefore, the requirements of the RFA applicable to 
notice and comment rulemaking do not apply to this rule. Accordingly, 
the Department is not required either to certify that the final rule 
would not have a significant economic impact on a substantial number of 
small entities or to conduct a regulatory flexibility analysis.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that agencies prepare an assessment of anticipated costs and 
benefits before issuing any rule that may result in the expenditure by 
State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100 million or more (adjusted annually for 
inflation) in any one year. This final rule will have no such effect on 
State, local, and tribal governments, or on the private sector.

Paperwork Reduction Act

    This final rule contains no provisions constituting a collection of 
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).

Assistance Listing

    The Assistance Listing number and title for the program affected by 
this document is 64.114, Veterans Housing Guaranteed and Insured Loans.

 Congressional Review Act

    Pursuant to Subtitle E of the Small Business Regulatory Enforcement 
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C. 
801 et seq.), the Office of Information and Regulatory Affairs 
designated this rule as not a major rule, as defined by 5 U.S.C. 
804(2).

List of Subjects

38 CFR Part 36

    Condominiums, Housing, Individuals with disabilities, Loan 
programs-housing and community development, Loan programs-veterans, 
Manufactured homes, Mortgage insurance, Reporting and recordkeeping 
requirements, Veterans.

38 CFR Part 42

    Administrative practice and procedure, Claims, Fraud, Penalties.

Signing Authority

    Denis McDonough, Secretary of Veterans Affairs, approved this 
document on January 14, 2022, and authorized the undersigned to sign 
and submit the document to the Office of the Federal Register for 
publication electronically as an official document of the Department of 
Veterans Affairs.

Jeffrey M. Martin,
Assistant Director, Office of Regulation Policy & Management, Office of 
General Counsel, Department of Veterans Affairs.

    For the reasons stated in the preamble, the Department of Veterans 
Affairs amends 38 CFR parts 36 and 42 as set forth below:

PART 36--LOAN GUARANTY

0
1. The authority citation for part 36 continues to read as follows:

    Authority: 38 U.S.C. 501 and 3720.


Sec.  36.4340   [Amended]

0
2. In Sec.  36.4340, amend paragraphs (k)(1)(i) introductory text and 
(k)(3) by removing ``$23,607'' and adding in its place ``$25,076''.

PART 42--STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES 
ACT

0
3. The authority citation for part 42 continues to read as follows:

    Authority: Pub. L. 99-509, secs. 6101-6104, 100 Stat. 1874, 
codified at 31 U.S.C. 3801-3812.


Sec.  42.3  [Amended]

0
4. In Sec.  42.3, amend paragraphs (a)(1)(iv) and (b)(1)(ii) by 
removing ``$11,803'' and adding in its place ``$12,537''.

[FR Doc. 2022-01135 Filed 1-20-22; 8:45 am]
BILLING CODE 8320-01-P