Civil Monetary Penalty Inflation Adjustment, 57145-57147 [2022-20154]
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57145
Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Rules and Regulations
horse and its rider). Masks may be
encrusted with layers of clay, kaolin,
ochre, soil, and/or sediment. Masks and
headdresses were typically created in
three forms: (1) helmet-style; (2)
facemasks; and (3) headcrests (worn on
the top of the head). Masks and
headdresses included are typically
associated with religious activities and/
or ceremonies, including the various
secret societies of the Mande (e.g.,
Komo, Dojos, or the brotherhood of
hunters) and communities of Mali,
including, theBamana, Bobo, Bozo,
Dogon, Malinke´, Minianka, or Senufo.
Approximate dates ofA.D. 1200–1920.
V. Textiles
Includes beaded and adorned
garments such as diviner’s bags, hunting
shirts with protective amulets typically
crafted out of cotton and leather.
Textiles are typically associated with
religious activities and/or ceremonies,
including the various secret societies of
the Mande (e.g., Komo, Dojos, or the
brotherhood of hunters) and
communities of Mali, including
theBamana, Bobo, Bozo, Dogon,
Malinke´, Minianka, Peuhl or Fulani, or
Senufo. Approximate dates ofA.D.
1200–1920.
Inapplicability of Notice and Delayed
Effective Date
This amendment involves a foreign
affairs function of the United States and
Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required, the provisions
of the Regulatory Flexibility Act (5
U.S.C. 601 et seq.) do not apply.
Executive Order 12866
CBP has determined that this
document is not a regulation or rule
subject to the provisions of Executive
Order 12866 because it pertains to a
foreign affairs function of the United
States, as described above, and therefore
is specifically exempted by section
3(d)(2) of Executive Order 12866.
Signing Authority
This regulation is being issued in
accordance with 19 CFR 0.1(a)(1),
pertaining to the Secretary of the
Treasury’s authority (or that of his/her
delegate) to approve regulations related
to customs revenue functions.
Chris Magnus, the Commissioner of
CBP, having reviewed and approved
this document, has delegated the
authority to electronically sign this
document to Robert F. Altneu, who is
the Director of the Regulations and
Disclosure Law Division for CBP, for
purposes of publication in the Federal
Register.
List of Subjects in 19 CFR Part 12
Cultural property, Customs duties and
inspection, Imports, Prohibited
merchandise, Reporting and
recordkeeping requirements.
Amendment to the CBP Regulations
For the reasons set forth above, part
12 of title 19 of the Code of Federal
Regulations (19 CFR part 12) is
amended as set forth below:
PART 12—SPECIAL CLASSES OF
MERCHANDISE
1. The general authority citation for
part 12 and the specific authority
citation for § 12.104g continue to read as
follows:
■
Authority: 5 U.S.C. 301; 19 U.S.C. 66,
1202 (General Note 3(i), Harmonized Tariff
Schedule of the United States (HTSUS)),
1624.
*
*
*
*
*
Sections 12.104 through 12.104i also
issued under 19 U.S.C. 2612;
*
*
*
*
*
2. In § 12.104g, amend the table in
paragraph (a) by revising the entry for
Mali to read as follows:
■
§ 12.104g Specific items or categories
designated by agreements or emergency
actions.
(a) * * *
State party
Cultural property
Decision No.
*
Mali ..............
*
*
*
*
*
Archaeological material from Mali from the Paleolithic Era (Stone Age) to approximately the mid-eighteenth
century, and ethnological materials dating between the twelfth and twentieth centuries.
*
CBP Dec. 22–23.
*
*
*
*
*
*
*
*
*
*
DEPARTMENT OF DEFENSE
Robert F. Altneu,
Director, Regulations & Disclosure Law
Division, Regulations & Rulings, Office of
Trade U.S. Customs and Border Protection.
Approved:
Thomas C. West, Jr.,
Deputy Assistant Secretary of the Treasury
for Tax Policy.
[FR Doc. 2022–20314 Filed 9–15–22; 4:15 pm]
BILLING CODE 9111–14–P
lotter on DSK11XQN23PROD with RULES1
is, therefore, being made without notice
or public procedure under 5 U.S.C.
553(a)(1). For the same reason, a
delayed effective date is not required
under 5 U.S.C. 553(d)(3).
Office of the Secretary
32 CFR Part 269
[Docket ID: DOD–2016–OS–0045]
RIN 0790–AL50
Civil Monetary Penalty Inflation
Adjustment
Office of the Under Secretary of
Defense (Comptroller), Department of
Defense.
ACTION: Final rule.
AGENCY:
The Department of Defense is
issuing this final rule to adjust each of
its statutory civil monetary penalties
(CMP) to account for inflation. The
Federal Civil Penalties Inflation
SUMMARY:
VerDate Sep<11>2014
15:52 Sep 16, 2022
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*
*
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996 and the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (the 2015 Act), requires the
head of each agency to adjust for
inflation its CMP levels in effect as of
November 2, 2015, under a revised
methodology that was effective for 2016
and for each year thereafter.
DATES: This rule is effective September
19, 2022.
FOR FURTHER INFORMATION CONTACT:
Dzenana Dzanic, 703–571–1652.
SUPPLEMENTARY INFORMATION:
Background Information
The Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law
101–410, codified at 28 U.S.C. 2461,
E:\FR\FM\19SER1.SGM
19SER1
57146
Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
note, as amended, requires agencies to
annually adjust the level of CMPs for
inflation to improve their effectiveness
and maintain their deterrent effect.
Section 2461 requires that not later than
July 1, 2016, and not later than January
15 of every year thereafter, the head of
each agency must adjust each CMP
within its jurisdiction by the inflation
adjustment set forth therein. The
inflation adjustment is determined by
increasing the maximum CMP or the
range of minimum and maximum CMPs,
as applicable, for each CMP by the costof-living adjustment, rounded to the
nearest multiple of $1. The cost-ofliving adjustment is the percentage (if
any) for each CMP by which the
Consumer Price Index (CPI) for the
month of October preceding the date of
the adjustment, exceeds the CPI for the
month of October in the previous
calendar year.
The initial catch up adjustments for
inflation to the Department of Defense’s
CMPs were published as an interim
final rule in the Federal Register on
May 26, 2016 (81 FR 33389–33391) and
became effective on that date. The
interim final rule was published as a
final rule without change on September
12, 2016 (81 FR 62629–62631), effective
that date. The revised methodology for
agencies for 2017 and each year
thereafter provides for the improvement
of the effectiveness of CMPs and to
maintain their deterrent effect. The
Department of Defense is adjusting the
level of all civil monetary penalties
under its jurisdiction by the Office of
Management and Budget (OMB)
directed cost-of-living adjustment
multiplier for 2022 of 1.06222
prescribed in OMB Memorandum M–
22–07, ‘‘Implementation of Penalty
Inflation Adjustments for 2022,
Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015.’’ The Department of
Defense’s 2022 adjustments for inflation
to CMPs apply only to those CMPs,
including those whose associated
violation predated such adjustment,
which are assessed by the Department of
Defense after the effective date of the
new CMP level.
Statement of Authority and Costs and
Benefits
Pursuant to 5 U.S.C. 553(b)B, there is
good cause to issue this rule without
prior public notice or opportunity for
public comment because it would be
impracticable and unnecessary. The
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Section 2461) requires agencies,
effective 2017, to make annual
adjustments for inflation to CMPs
VerDate Sep<11>2014
15:52 Sep 16, 2022
Jkt 256001
notwithstanding section 553 of title 5,
United States Code. Additionally, the
methodology used, effective 2017, for
adjusting CMPs for inflation is
established in statute, with no
discretion provided to agencies
regarding the substance of the
adjustments for inflation to CMPs. The
Department of Defense is charged only
with performing ministerial
computations to determine the dollar
amount of adjustments for inflation to
CMPs. Accordingly, prior public notice
and an opportunity to comment are not
required for this rule. For the same
reasons, there is good cause under 5
U.S.C. 553(d)(3) to waive the 30-day
delay in effective date.
Further, there are no significant costs
associated with the regulatory revisions
that would impose any mandates on the
Department of Defense, Federal, State or
local governments, or the private sector.
Accordingly, prior public notice and an
opportunity for public comment are not
required for this rule. The benefit of this
rule is the Department of Defense
anticipates that civil monetary penalty
collections may increase in the future
due to new penalty authorities and
other changes in this rule. However, it
is difficult to accurately predict the
extent of any increase, if any, due to a
variety of factors, such as budget and
staff resources, the number and quality
of civil penalty referrals or leads, and
the length of time needed to investigate
and resolve a case.
agency promulgating the rule must
submit a rule report, which includes a
copy of the rule, to each House of the
Congress and to the Comptroller General
of the United States. A major rule may
take effect no earlier than 60 calendar
days after Congress receives the rule
report or the rule is published in the
Federal Register, whichever is later.
This rule is not a major rule, as defined
by 5 U.S.C. 804(2).
Regulatory Procedures
Public Law 96–511, ‘‘Paperwork
Reduction Act’’ (44 U.S.C. Chapter 35)
The Paperwork Reduction Act was
enacted to minimize the paperwork
burden for individuals; small
businesses; educational and nonprofit
institutions; Federal contractors; State,
local and tribal governments; and other
persons resulting from the collection of
information by or for the federal
government. The Act requires agencies
obtain approval from the Office of
Management and Budget before using
identical questions to collect
information from ten or more persons.
This rule does not impose reporting or
recordkeeping requirements on the
public.
Executive Order 12866, ‘‘Regulatory
Planning and Review’’ and Executive
Order 13563, ‘‘Improving Regulation
and Regulatory Review’’
These Executive Orders 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, distribute impacts,
and equity). These Executive Orders
also emphasize the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. This rule
has been designated ‘‘not significant’’,
under section 3(f) of Executive Order
12866. Accordingly, this rule has not
been reviewed by the OMB under these
requirements.
Congressional Review Act, 5 U.S.C.
804(2)
The Congressional Review Act, 5
U.S.C. 801 et seq., generally provides
that before a rule may take effect, the
PO 00000
Frm 00008
Fmt 4700
Sfmt 4700
Unfunded Mandates Reform Act (2
U.S.C. Chapter 25)
Section 202 of the Unfunded
Mandates Reform Act of 1995 (UMRA)
(2 U.S.C. 1532) requires agencies to
assess anticipated costs and benefits
before issuing any rule the mandates of
which require spending in any year of
$100 million in 1995 dollars, updated
annually for inflation. This rule will not
mandate any requirements for State,
local, or tribal governments, nor will it
affect private sector costs.
Public Law 96–354, ‘‘Regulatory
Flexibility Act’’ (5 U.S.C. Chapter 6)
The Under Secretary of Defense
(Comptroller) certified that this rule is
not subject to the Regulatory Flexibility
Act (5 U.S.C. 601) because it would not,
if promulgated, have a significant
economic impact on a substantial
number of small entities. Therefore, the
Regulatory Flexibility Act, as amended,
does not require DoD to prepare a
regulatory flexibility analysis.
Executive Order 13132, ‘‘Federalism’’
Executive Order 13132 establishes
certain requirements that an agency
must meet when it promulgates a rule
that imposes substantial direct
requirement costs on State and local
governments, preempts State law, or
otherwise has Federalism implications.
This final rule will not have a
substantial effect on State and local
governments.
E:\FR\FM\19SER1.SGM
19SER1
Federal Register / Vol. 87, No. 180 / Monday, September 19, 2022 / Rules and Regulations
Executive Order 13175, ‘‘Consultation
and Coordination With Indian Tribal
Governments’’
It has been determined that this rule
will not have a substantial effect on
Indian tribal governments. This rule
does not impose substantial direct
compliance costs on one or more Indian
tribes, preempt tribal law, or effect the
distribution of power and
responsibilities between the federal
government and Indian tribes.
List of Subjects in 32 CFR Part 269
Administrative practice and
procedure, Penalties.
Accordingly, 32 CFR part 269 is
amended as follows.
PART 269—[AMENDED]
1. The authority citation for part 269
continues to read as follows:
■
57147
2. In § 269.4, revise paragraph (d) to
read as follows:
■
§ 269.4 Cost of living adjustments of civil
monetary penalties.
*
*
*
*
*
(d) Inflation adjustment. Maximum
civil monetary penalties within the
jurisdiction of the Department are
adjusted for inflation as follows:
Authority: 28 U.S.C. 2461 note.
TABLE 1 TO PARAGRAPH (d)
Civil monetary penalty description
National Defense Authorization Act for FY 2005, 10
U.S.C. 113, note.
10 U.S.C. 1094(c)(1) ....................................................
10 U.S.C. 1102(k) .........................................................
Unauthorized Activities Directed at or Possession of
Sunken Military Craft.
Unlawful Provision of Health Care ...............................
Wrongful Disclosure—Medical Records:
First Offense .................................................................
Subsequent Offense .....................................................
Violation of the Pentagon Reservation Operation and
Parking of Motor Vehicles Rules and Regulations.
Violation Involving False Claim ....................................
Violation Involving False Statement .............................
False claims .................................................................
Claims submitted with a false certification of physician
license.
Claims presented by excluded party ............................
Employing or contracting with an excluded individual
10 U.S.C. 2674(c)(2) ....................................................
31
31
42
42
U.S.C.
U.S.C.
U.S.C.
U.S.C.
3802(a)(1) ....................................................
3802(a)(2) ....................................................
1320a–7a(a); 32 CFR 200.210(a)(1) ...........
1320a–7a(a); 32 CFR 200.210(a)(1) ...........
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(2) ...........
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(2);
(b)(2)(ii).
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(1) ...........
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(2) ...........
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(5) ...........
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(4) ...........
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(6) ...........
42 U.S.C. 1320a–7a(a); 32 CFR 200.210(a)(3) ...........
42 U.S.C. 1320a–7a(a); 32 CFR 200.310(a) ...............
Dated: September 13, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison
Officer, Department of Defense.
[FR Doc. 2022–20154 Filed 9–16–22; 8:45 am]
BILLING CODE 5001–06–P
Pattern of claims for medically unnecessary services/
supplies.
Ordering or prescribing while excluded .......................
Known retention of an overpayment ............................
Making or using a false record or statement that is
material to a false or fraudulent claim.
Failure to grant timely access to OIG for audits, investigations, evaluations, or other statutory functions of OIG.
Making false statements, omissions, misrepresentations in an enrollment application.
Unlawfully offering, paying, soliciting, or receiving remuneration to induce or in return for the referral of
business in violation of 1128B(b) of the Social Security Act.
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 117
[Docket No. USCG–2022–0360]
Drawbridge Operation Regulation;
Back Bay of Biloxi, Biloxi, MS
Coast Guard, DHS.
Notice of temporary deviation
from regulations; request for comments.
AGENCY:
lotter on DSK11XQN23PROD with RULES1
Maximum
penalty
amount
as of 2021
United States Code
ACTION:
The Coast Guard has issued a
temporary deviation from how the CSX
Transportation railroad drawbridge
across the Back Bay of Biloxi, mile 0.4,
SUMMARY:
VerDate Sep<11>2014
15:52 Sep 16, 2022
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PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
New adjusted
maximum
penalty
amount
136,400
144,887.01
11,977
12,722.32
7,082
47,214
1,951
7,522.71
50,152.10
2,072.63
11,803
11,803
21,112.64
21,112.64
12,537.48
12,537.48
22,426.26
22,426.26
21,112.64
21,112.64
22,426.26
22,426.26
21,112.64
22,426.26
21,112.64
21,112.64
105,563.18
22,426.26
22,426.26
112,131.32
31,669.97
33,640.47
105,563.18
112,131.32
105,563.18
112,131.32
Biloxi, MS will be operated. The bridge
will continue to open according to the
drawbridge regulations but the bridge
tender will operate this bridge from a
remote location at the CSX railroad
terminal in Mobile, Alabama. The Coast
Guard is seeking comments from the
public regarding these proposed
changes.
This deviation is effective from
7 a.m. September 19, 2022 until March
20, 2023.
Comments and relate material must
reach the Coast Guard on or before
November 18, 2022.
ADDRESSES: You may submit comments
identified by docket number USCG–
2022–0360 using Federal Decision
DATES:
E:\FR\FM\19SER1.SGM
19SER1
]]>Agencies
[Federal Register Volume 87, Number 180 (Monday, September 19, 2022)]
[Rules and Regulations]
[Pages 57145-57147]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20154]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF DEFENSE
Office of the Secretary
32 CFR Part 269
[Docket ID: DOD-2016-OS-0045]
RIN 0790-AL50
Civil Monetary Penalty Inflation Adjustment
AGENCY: Office of the Under Secretary of Defense (Comptroller),
Department of Defense.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Defense is issuing this final rule to adjust
each of its statutory civil monetary penalties (CMP) to account for
inflation. The Federal Civil Penalties Inflation Adjustment Act of
1990, as amended by the Debt Collection Improvement Act of 1996 and the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of
2015 (the 2015 Act), requires the head of each agency to adjust for
inflation its CMP levels in effect as of November 2, 2015, under a
revised methodology that was effective for 2016 and for each year
thereafter.
DATES: This rule is effective September 19, 2022.
FOR FURTHER INFORMATION CONTACT: Dzenana Dzanic, 703-571-1652.
SUPPLEMENTARY INFORMATION:
Background Information
The Federal Civil Penalties Inflation Adjustment Act of 1990,
Public Law 101-410, codified at 28 U.S.C. 2461,
[[Page 57146]]
note, as amended, requires agencies to annually adjust the level of
CMPs for inflation to improve their effectiveness and maintain their
deterrent effect. Section 2461 requires that not later than July 1,
2016, and not later than January 15 of every year thereafter, the head
of each agency must adjust each CMP within its jurisdiction by the
inflation adjustment set forth therein. The inflation adjustment is
determined by increasing the maximum CMP or the range of minimum and
maximum CMPs, as applicable, for each CMP by the cost-of-living
adjustment, rounded to the nearest multiple of $1. The cost-of-living
adjustment is the percentage (if any) for each CMP by which the
Consumer Price Index (CPI) for the month of October preceding the date
of the adjustment, exceeds the CPI for the month of October in the
previous calendar year.
The initial catch up adjustments for inflation to the Department of
Defense's CMPs were published as an interim final rule in the Federal
Register on May 26, 2016 (81 FR 33389-33391) and became effective on
that date. The interim final rule was published as a final rule without
change on September 12, 2016 (81 FR 62629-62631), effective that date.
The revised methodology for agencies for 2017 and each year thereafter
provides for the improvement of the effectiveness of CMPs and to
maintain their deterrent effect. The Department of Defense is adjusting
the level of all civil monetary penalties under its jurisdiction by the
Office of Management and Budget (OMB) directed cost-of-living
adjustment multiplier for 2022 of 1.06222 prescribed in OMB Memorandum
M-22-07, ``Implementation of Penalty Inflation Adjustments for 2022,
Pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015.'' The Department of Defense's 2022
adjustments for inflation to CMPs apply only to those CMPs, including
those whose associated violation predated such adjustment, which are
assessed by the Department of Defense after the effective date of the
new CMP level.
Statement of Authority and Costs and Benefits
Pursuant to 5 U.S.C. 553(b)B, there is good cause to issue this
rule without prior public notice or opportunity for public comment
because it would be impracticable and unnecessary. The Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (Section
2461) requires agencies, effective 2017, to make annual adjustments for
inflation to CMPs notwithstanding section 553 of title 5, United States
Code. Additionally, the methodology used, effective 2017, for adjusting
CMPs for inflation is established in statute, with no discretion
provided to agencies regarding the substance of the adjustments for
inflation to CMPs. The Department of Defense is charged only with
performing ministerial computations to determine the dollar amount of
adjustments for inflation to CMPs. Accordingly, prior public notice and
an opportunity to comment are not required for this rule. For the same
reasons, there is good cause under 5 U.S.C. 553(d)(3) to waive the 30-
day delay in effective date.
Further, there are no significant costs associated with the
regulatory revisions that would impose any mandates on the Department
of Defense, Federal, State or local governments, or the private sector.
Accordingly, prior public notice and an opportunity for public comment
are not required for this rule. The benefit of this rule is the
Department of Defense anticipates that civil monetary penalty
collections may increase in the future due to new penalty authorities
and other changes in this rule. However, it is difficult to accurately
predict the extent of any increase, if any, due to a variety of
factors, such as budget and staff resources, the number and quality of
civil penalty referrals or leads, and the length of time needed to
investigate and resolve a case.
Regulatory Procedures
Executive Order 12866, ``Regulatory Planning and Review'' and Executive
Order 13563, ``Improving Regulation and Regulatory Review''
These Executive Orders 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, distribute impacts, and equity). These Executive Orders also
emphasize the importance of quantifying both costs and benefits, of
reducing costs, of harmonizing rules, and of promoting flexibility.
This rule has been designated ``not significant'', under section 3(f)
of Executive Order 12866. Accordingly, this rule has not been reviewed
by the OMB under these requirements.
Congressional Review Act, 5 U.S.C. 804(2)
The Congressional Review Act, 5 U.S.C. 801 et seq., generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. A major rule may take effect no earlier than 60 calendar
days after Congress receives the rule report or the rule is published
in the Federal Register, whichever is later. This rule is not a major
rule, as defined by 5 U.S.C. 804(2).
Unfunded Mandates Reform Act (2 U.S.C. Chapter 25)
Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) (2
U.S.C. 1532) requires agencies to assess anticipated costs and benefits
before issuing any rule the mandates of which require spending in any
year of $100 million in 1995 dollars, updated annually for inflation.
This rule will not mandate any requirements for State, local, or tribal
governments, nor will it affect private sector costs.
Public Law 96-354, ``Regulatory Flexibility Act'' (5 U.S.C. Chapter 6)
The Under Secretary of Defense (Comptroller) certified that this
rule is not subject to the Regulatory Flexibility Act (5 U.S.C. 601)
because it would not, if promulgated, have a significant economic
impact on a substantial number of small entities. Therefore, the
Regulatory Flexibility Act, as amended, does not require DoD to prepare
a regulatory flexibility analysis.
Public Law 96-511, ``Paperwork Reduction Act'' (44 U.S.C. Chapter 35)
The Paperwork Reduction Act was enacted to minimize the paperwork
burden for individuals; small businesses; educational and nonprofit
institutions; Federal contractors; State, local and tribal governments;
and other persons resulting from the collection of information by or
for the federal government. The Act requires agencies obtain approval
from the Office of Management and Budget before using identical
questions to collect information from ten or more persons. This rule
does not impose reporting or recordkeeping requirements on the public.
Executive Order 13132, ``Federalism''
Executive Order 13132 establishes certain requirements that an
agency must meet when it promulgates a rule that imposes substantial
direct requirement costs on State and local governments, preempts State
law, or otherwise has Federalism implications. This final rule will not
have a substantial effect on State and local governments.
[[Page 57147]]
Executive Order 13175, ``Consultation and Coordination With Indian
Tribal Governments''
It has been determined that this rule will not have a substantial
effect on Indian tribal governments. This rule does not impose
substantial direct compliance costs on one or more Indian tribes,
preempt tribal law, or effect the distribution of power and
responsibilities between the federal government and Indian tribes.
List of Subjects in 32 CFR Part 269
Administrative practice and procedure, Penalties.
Accordingly, 32 CFR part 269 is amended as follows.
PART 269--[AMENDED]
0
1. The authority citation for part 269 continues to read as follows:
Authority: 28 U.S.C. 2461 note.
0
2. In Sec. 269.4, revise paragraph (d) to read as follows:
Sec. 269.4 Cost of living adjustments of civil monetary penalties.
* * * * *
(d) Inflation adjustment. Maximum civil monetary penalties within
the jurisdiction of the Department are adjusted for inflation as
follows:
Table 1 to Paragraph (d)
----------------------------------------------------------------------------------------------------------------
Maximum New adjusted
United States Code Civil monetary penalty penalty amount maximum
description as of 2021 penalty amount
----------------------------------------------------------------------------------------------------------------
National Defense Authorization Act for FY Unauthorized Activities Directed 136,400 144,887.01
2005, 10 U.S.C. 113, note. at or Possession of Sunken
Military Craft.
10 U.S.C. 1094(c)(1).......................... Unlawful Provision of Health 11,977 12,722.32
Care.
10 U.S.C. 1102(k)............................. Wrongful Disclosure--Medical
Records:
First Offense................... 7,082 7,522.71
Subsequent Offense.............. 47,214 50,152.10
10 U.S.C. 2674(c)(2).......................... Violation of the Pentagon 1,951 2,072.63
Reservation Operation and
Parking of Motor Vehicles Rules
and Regulations.
31 U.S.C. 3802(a)(1).......................... Violation Involving False Claim. 11,803 12,537.48
31 U.S.C. 3802(a)(2).......................... Violation Involving False 11,803 12,537.48
Statement.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(1)... False claims.................... 21,112.64 22,426.26
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(1)... Claims submitted with a false 21,112.64 22,426.26
certification of physician
license.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(2)... Claims presented by excluded 21,112.64 22,426.26
party.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(2); Employing or contracting with an 21,112.64 22,426.26
(b)(2)(ii). excluded individual.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(1)... Pattern of claims for medically 21,112.64 22,426.26
unnecessary services/supplies.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(2)... Ordering or prescribing while 21,112.64 22,426.26
excluded.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(5)... Known retention of an 21,112.64 22,426.26
overpayment.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(4)... Making or using a false record 105,563.18 112,131.32
or statement that is material
to a false or fraudulent claim.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(6)... Failure to grant timely access 31,669.97 33,640.47
to OIG for audits,
investigations, evaluations, or
other statutory functions of
OIG.
42 U.S.C. 1320a-7a(a); 32 CFR 200.210(a)(3)... Making false statements, 105,563.18 112,131.32
omissions, misrepresentations
in an enrollment application.
42 U.S.C. 1320a-7a(a); 32 CFR 200.310(a)...... Unlawfully offering, paying, 105,563.18 112,131.32
soliciting, or receiving
remuneration to induce or in
return for the referral of
business in violation of
1128B(b) of the Social Security
Act.
----------------------------------------------------------------------------------------------------------------
Dated: September 13, 2022.
Aaron T. Siegel,
Alternate OSD Federal Register Liaison Officer, Department of Defense.
[FR Doc. 2022-20154 Filed 9-16-22; 8:45 am]
BILLING CODE 5001-06-P
