Adjustment of Civil Monetary Penalty Amounts: Request for Comments, 57655-57657 [2022-20311]
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Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Proposed Rules
§ 39.13
[Amended]
2. The FAA amends § 39.13 by adding
the following new airworthiness
directive:
■
The Boeing Company: Docket No. FAA–
2022–0889; Project Identifier AD–2021–
00614–T.
(a) Comments Due Date
The FAA must receive comments on this
airworthiness directive (AD) by November 7,
2022.
(b) Affected ADs
None.
(c) Applicability
This AD applies to all The Boeing
Company Model 787–8, 787–9, and 787–10
airplanes, certificated in any category.
(d) Subject
Air Transport Association (ATA) of
America Code 29, Hydraulic power.
(e) Unsafe Condition
This AD was prompted by reports of ram
air turbine (RAT) assembly failures, which
caused the RAT to fail to provide hydraulic
power. The failures were determined to be
caused by variations in the bronze metal used
during manufacturing, which can result in
varying fatigue properties. The FAA is
issuing this AD to address fatigue or cracking
of the RAT hydraulic pump bronze cylinder
block. This condition, if not addressed, could
cause failure of the RAT pump and
subsequent loss of backup hydraulic power
for the flight controls, which can result in
loss of continued safe flight and landing.
(f) Compliance
Comply with this AD within the
compliance times specified, unless already
done.
khammond on DSKJM1Z7X2PROD with PROPOSALS
(g) Inspection
For airplanes with an original
airworthiness certificate or original certificate
of airworthiness issued on or before the
effective date of this AD: Within 60 months
after the effective date of this AD, inspect the
RAT pump and control module (PCM) and
the RAT assembly to determine the part
number. A review of airplane maintenance
records is acceptable in lieu of this
inspection if the RAT PCM and the RAT
assembly part numbers can be conclusively
determined from that review.
(h) Replacements
If, during the inspection required by
paragraph (g) of this AD, any RAT PCM
having part number (P/N) 7001267H06 or any
RAT assembly having P/N 7000011H08 is
found: Except as specified by paragraph (i) of
this AD, at the applicable times specified in
the ‘‘Compliance’’ paragraph of Boeing Alert
Requirements Bulletin B787–81205–
SB290039–00 RB, Issue 002, dated October
26, 2021, do all applicable actions identified
in, and in accordance with, the
Accomplishment Instructions of Boeing Alert
Requirements Bulletin B787–81205–
SB290039–00 RB, Issue 002, dated October
26, 2021.
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17:00 Sep 20, 2022
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Note 1 to paragraph (h): Guidance for
accomplishing the actions required by this
AD can be found in Boeing Alert Service
Bulletin B787–81205–SB290039–00, Issue
002, dated October 26, 2021, which is
referred to in Boeing Alert Requirements
Bulletin B787–81205–SB290039–00 RB, Issue
002, dated October 26, 2021.
(i) Exception to Service Information
Specifications
Where Boeing Alert Requirements Bulletin
B787–81205–SB290039–00 RB, Issue 002,
dated October 26, 2021, uses the phrase ‘‘the
Issue 001 date of Requirements Bulletin
B787–81205–SB290039–00 RB,’’ this AD
requires using ‘‘the effective date of this AD.’’
(j) Parts Installation Prohibition
(1) For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued after the
effective date of this AD: Installation of a
RAT PCM, part number (P/N) 7001267H06,
or RAT assembly, P/N 700011H08, is
prohibited as of the effective date of this AD.
(2) For airplanes with an original
airworthiness certificate or original export
certificate of airworthiness issued on or
before the effective date of this AD,
installation of a RAT PCM, P/N 7001267H06,
or RAT assembly, P/N 700011H08, is allowed
until the actions required by paragraph (h) of
this AD are accomplished.
57655
(m) Related Information
(1) For more information about this AD,
contact Douglas Tsuji, Senior Aerospace
Engineer, Systems and Equipment Section,
FAA, Seattle ACO Branch, 2200 South 216th
St., Des Moines, WA 98198; phone and fax:
206–231–3548; email: douglas.tsuji@faa.gov.
(2) 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. You may view this
referenced 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.
Issued on July 18, 2022.
Christina Underwood,
Acting Director, Compliance & Airworthiness
Division, Aircraft Certification Service.
[FR Doc. 2022–20444 Filed 9–20–22; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF HOUSING AND
URBAN DEVELOPMENT
24 CFR Parts 28, 30, 87, 180, and 3282
[Docket No. FR–6346–N–01]
(k) Credit for Previous Actions
This paragraph provides credit for the
actions specified in paragraph (h) of this AD,
if those actions were performed before the
effective date of this AD using Boeing Alert
Requirements Bulletin B787–81205–
SB290039–00 RB, Issue 001, dated November
3, 2020.
(l) Alternative Methods of Compliance
(AMOCs)
(1) The Manager, Seattle ACO Branch,
FAA, has the authority to approve AMOCs
for this AD, if requested using the procedures
found in 14 CFR 39.19. In accordance with
14 CFR 39.19, send your request to your
principal inspector or responsible Flight
Standards Office, as appropriate. If sending
information directly to the manager of the
certification office, send it to the attention of
the person identified in paragraph (m) of this
AD. Information may be emailed to: 9-ANMSeattle-ACO-AMOC-Requests@faa.gov.
(2) Before using any approved AMOC,
notify your appropriate principal inspector,
or lacking a principal inspector, the manager
of the responsible Flight Standards Office.
(3) An AMOC that provides an acceptable
level of safety may be used for any repair,
modification, or alteration required by this
AD if it is approved by The Boeing Company
Organization Designation Authorization
(ODA) that has been authorized by the
Manager, Seattle ACO Branch, FAA, to make
those findings. To be approved, the repair
method, modification deviation, or alteration
deviation must meet the certification basis of
the airplane, and the approval must
specifically refer to this AD.
PO 00000
Frm 00006
Fmt 4702
Sfmt 4702
Adjustment of Civil Monetary Penalty
Amounts: Request for Comments
AGENCY:
Office of the General Counsel,
HUD.
ACTION:
Request for comments.
Consistent with the Federal
Civil Penalties Inflation Adjustment Act
of 1990, as amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (‘‘2015 Act’’),
HUD annually publishes a final rule
adjusting its civil money penalty
amounts for inflation according to the
formula provided by the 2015 Act. In
these rules, HUD does not apply the
adjustments retroactively and provides
that the inflation-adjusted penalty
amounts apply to violations occurring
on or after the rule’s effective date. HUD
is considering revising this approach,
however, and annually applying
inflation-adjusted penalty amounts to
violations assessed after the date of
inflation, if the violation occurred after
the enactment of the 2015 Act. Through
this request for comments, HUD seeks
public input on the impact of applying
inflation-adjusted penalty amounts on
the date the penalty is assessed rather
than the date of the violation.
DATES: Comments are due on or before:
November 21, 2022.
ADDRESSES: Interested persons are
invited to submit comments regarding
SUMMARY:
E:\FR\FM\21SEP1.SGM
21SEP1
57656
Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Proposed Rules
this request. All submissions must refer
to the above docket number and title.
There are two methods for submitting
public comments:
1. Electronic Submission of
Comments. Interested persons may
submit comments electronically through
the Federal eRulemaking Portal at
https://www.regulations.gov. HUD
strongly encourages commenters to
submit comments electronically.
Electronic submission of comments
allows the author maximum time to
prepare and submit a comment, ensures
timely receipt by HUD, and enables
HUD to make them immediately
available to the public. Comments
submitted electronically through the
https://www.regulations.gov website can
be viewed by other submitters and
interested members of the public.
Commenters should follow instructions
provided on that site to submit
comments electronically.
2. Submission of Comments by Mail.
Members of the public may submit
comments by mail to the Regulations
Division, Office of General Counsel,
Department of Housing and Urban
Development, 451 7th Street SW, Room
10276, Washington, DC 20410–0500.
Due to security measures at all federal
agencies, however, submission of
comments by standard mail often results
in delayed delivery. To ensure timely
receipt of comments, HUD recommends
that comments submitted by standard
mail be submitted at least two weeks in
advance of the deadline. HUD will make
all comments received by mail available
to the public at https://
www.regulations.gov.
No Facsimile Comments. Facsimile
(FAX) comments will not be accepted.
Public Inspection of Public
Comments. All properly submitted
comments and communications
regarding this document submitted to
HUD are available for public inspection
and copying between 8 a.m. and 5 p.m.
weekdays at the above address. Due to
security measures at the HUD
Headquarters building, an advance
appointment to review the public
comments must be scheduled by calling
the Regulations Division at 202–708–
3055 (this is not a toll-free number).
Hearing- or speech-impaired individuals
can dial 7–1–1 to access the
Telecommunications Relay Service
(TRS), which permits users to make
text-based calls, including Text
Telephone (TTY) and Speech to Speech
(STS) calls. Copies of all comments
submitted are available for inspection
and downloading at https://
www.regulations.gov.
FOR FURTHER INFORMATION CONTACT:
Aaron Santa Anna, Associate General
Counsel for Legislation and Regulations,
Office of the General Counsel,
Department of Housing and Urban
Development, 451 7th Street SW, Room
10276, Washington, DC 20024;
telephone number 202–708–3055 (this
is not a toll-free number). Hearing- or
speech-impaired individuals can dial 7–
1–1 to access the Telecommunications
Relay Service (TRS), which permits
users to make text-based calls, including
Text Telephone (TTY) and Speech to
Speech (STS) calls.
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (the 2015 Act) (Pub. L. 114–74,
sec. 701, 129 Stat. 599), 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.
Specifically, the 2015 Act, codified at 28
U.S.C. 2461, note, requires agencies
with statutory authority to assess civil
money penalties (CMPs) and publish
annual adjustments for inflation.
Section 5 of the 2015 Act establishes the
formula for calculating annual
adjustments and is tied to the Consumer
Price Index for all Urban Consumers
(CPI–U). In accordance with the 2015
Act, annual adjustments after the initial
‘‘catch-up’’ adjustment may be issued
‘‘notwithstanding section 553 of Title 5,
United States Code’’, the notice and
comment requirements of the
Administrative Procedure Act.
On June 15, 2016, HUD issued for
public comment an interim rule,
pursuant to the 2015 Act, to amend
CMP regulations (81 FR 38931). HUD
finalized the interim rule the following
year in the Inflation Catch-up
Adjustment of Civil Monetary Penalty
Amounts Final Rule and Adjustment of
Civil Monetary Penalty Amounts for
2017 (82 FR 24521). HUD’s 2017 final
rule stated that ‘‘Since HUD is not
applying these adjustments
retroactively, the 2016 increases being
finalized apply to violations occurring
prior to the effective date of this final
rule (and on and after the effective date
of the 2016 interim rule) and the 2017
increases apply to violations occurring
on or after this rule’s effective date.’’
Since the publication of the 2017 final
rule, HUD has continued to apply
inflation-adjusted penalty amounts to
violations occurring on or after the
rule’s effective date each year.1 In
addition, HUD has implemented its
adjusted penalty amounts uniformly
across the several programs for which it
has authority to assess penalties.
HUD STATUTORY AND REGULATORY AUTHORITY FOR IMPOSITION OF CIVIL MONEY PENALTIES
Statutory citation
False Claims ................................................................................
Omnibus Budget Reconciliation Act of 1986 (31 U.S.C.
3802(a)(1)).
Omnibus Budget Reconciliation Act of 1986 (31 U.S.C. 3802
(a)(2)).
Department of Housing and Urban Development Act (42
U.S.C. 3537a(c)).
Department of Housing and Urban Development Act (42
U.S.C. 3545(f)).
HUD Reform Act of 1989 (12 U.S.C. 1735f–14(a)(2)) ...............
HUD Reform Act of 1989 (12 U.S.C. 1735f–14(a)(2)) ...............
Housing Community Development Act of 1992 (12 U.S.C.
1715z–13a(g)(2)).
HUD Reform Act of 1989 (12 U.S.C. 1735f–15(c)(2)) ................
False Statements ........................................................................
Advance Disclosure of Funding ..................................................
Disclosure of Subsidy Layering ...................................................
khammond on DSKJM1Z7X2PROD with PROPOSALS
Regulatory
citation
(24 CFR)
Description
FHA Mortgagees and Lenders Violations ...................................
Other FHA Participants Violations ..............................................
Indian Home Loan Guarantee Lender or Holder Violations .......
Multifamily & Section 202 or 811 Owners Violations ..................
1 See Adjustment of Civil Monetary Penalty
Amounts for 2018–2022 at 83 FR 32790; 84 FR
9451; 85 FR 13041; 86 FR 14370; and 87 FR 24418.
VerDate Sep<11>2014
17:00 Sep 20, 2022
Jkt 256001
PO 00000
Frm 00007
Fmt 4702
Sfmt 4702
E:\FR\FM\21SEP1.SGM
21SEP1
§ 28.10(a).
§ 28.10(b).
§ 30.20.
§ 30.25.
§ 30.35.
§ 30.36.
§ 30.40.
§ 30.45.
57657
Federal Register / Vol. 87, No. 182 / Wednesday, September 21, 2022 / Proposed Rules
HUD STATUTORY AND REGULATORY AUTHORITY FOR IMPOSITION OF CIVIL MONEY PENALTIES—Continued
Statutory citation
Ginnie Mae Issuers & Custodians Violations ..............................
Title I Broker & Dealers Violations ..............................................
Lead Disclosure Violation ............................................................
HUD Reform Act of 1989 (12 U.S.C. 1723i(a)) ..........................
HUD Reform Act of 1989 (12 U.S.C. 1703) ...............................
Title X—Residential Lead-Based Paint Hazard Reduction Act
of 1992 (42 U.S.C. 4852d(b)(1)).
Multifamily Assisted Housing Reform and Affordability Act of
1997 (42 U.S.C. 1437z–1(b)(2)).
The Lobbying Disclosure Act of 1995 (31 U.S.C. 1352) ............
Fair Housing Act (42 U.S.C. 3612(g)(3)) ....................................
Housing Community Development Act of 1974 (42 U.S.C.
5410).
Section 8 Owners Violations .......................................................
Lobbying Violation .......................................................................
Fair Housing Act Civil Penalties ..................................................
Manufactured Housing Regulations Violation .............................
II. This Document
This document announces that HUD
is considering revising its
implementation of the 2015 Act by
providing that the adjusted penalty
amounts would apply to penalties
assessed after the publication of the
adjustment, rather than to violations
occurring after publication of the
adjustment, as long as the violation
occurred after the enactment of the 2015
Act. HUD is considering applying the
inflation-adjusted penalty amounts in
this manner after revisiting Section 6 of
the 2015 Act which provides that an
‘‘increase under this Act in a civil
monetary penalty shall apply only to
civil monetary penalties, including
those whose associated violation
predate such increase, which are
assessed after the date the increase takes
effect.’’ 28 U.S.C. 2461, note. The Office
of Management and Budget (‘‘OMB’’)
guidance (M–22–07) which provides the
2022 inflation multiplier also provides
that the adjusted penalty applies to
‘‘penalties assessed after the effective
date of the applicable adjustment’’.2
Finally, a review of the penalty
adjustments published by other federal
agencies suggests that they apply the
inflation-adjusted penalty amounts to
penalties assessed after the date of the
increase as long as the violation
occurred after the enactment of the 2015
Act.
khammond on DSKJM1Z7X2PROD with PROPOSALS
Regulatory
citation
(24 CFR)
Description
III. Request for Public Comments
In considering the forthcoming 2023
fiscal year, HUD is considering whether
to revise its implementation of the 2015
Act to apply inflation-adjusted penalty
amounts on the date the penalty is
assessed, rather than the earlier date of
2 December 15, 2021, Memorandum for the Heads
of Executive Departments and Agencies (M–22–07)
from Shalanda D. Young, Acting Director, Office of
Management and Budget, Implementation of
Penalty Inflation Adjustments for 2022, Pursuant to
the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (OMB Memorandum), at
4.
VerDate Sep<11>2014
17:00 Sep 20, 2022
Jkt 256001
the violation, and is requesting public
comment. HUD is interested in the
impact of such a change, as well as the
impact of applying the inflationadjusted penalty to the date of
assessment for some, but not all,
programs.
Damon Smith,
General Counsel.
[FR Doc. 2022–20311 Filed 9–20–22; 8:45 am]
BILLING CODE 4210–67–P
DEPARTMENT OF THE TREASURY
Alcohol and Tobacco Tax and Trade
Bureau
27 CFR Part 9
[Docket No. TTB–2022–0008; Notice No.
214]
RIN 1513–AC85
Proposed Establishment of the
Yucaipa Valley Viticultural Area
Alcohol and Tobacco Tax and
Trade Bureau, Treasury.
ACTION: Notice of proposed rulemaking.
AGENCY:
The Alcohol and Tobacco Tax
and Trade Bureau (TTB) proposes to
establish the 36,467-acre ‘‘Yucaipa
Valley’’ viticultural area in San
Bernardino County, in California. The
proposed viticultural area is not within
any other established viticultural area.
TTB designates viticultural areas to
allow vintners to better describe the
origin of their wines and to allow
consumers to better identify wines they
may purchase. TTB invites comments
on this proposed addition to its
regulations.
SUMMARY:
Comments must be received by
November 21, 2022.
ADDRESSES: You may electronically
submit comments to TTB on this
proposal using the comment form for
this document posted within Docket No.
DATES:
PO 00000
Frm 00008
Fmt 4702
Sfmt 4702
§ 30.50.
§ 30.60.
§ 30.65.
§ 30.68.
§ 87.400.
§ 180.671(a).
§ 3282.10.
TTB–2022–0008 on the Regulations.gov
website at https://www.regulations.gov.
At the same location, you also may view
copies of this document, the related
petition and selected supporting
materials, and any comments TTB
receives on this proposal. A direct link
to that docket is available on the TTB
website at https://www.ttb.gov/wine/
notices-of-proposed-rulemaking under
Notice No. 214. Alternatively, you may
submit comments via postal mail to the
Director, Regulations and Ruling
Division, Alcohol and Tobacco Tax and
Trade Bureau, 1310 G Street NW, Box
12, Washington, DC 20005. Please see
the Public Participation section of this
document for further information on the
comments requested on this proposal
and on the submission, confidentiality,
and public disclosure of comments.
FOR FURTHER INFORMATION CONTACT:
Karen A. Thornton, Regulations and
Rulings Division, Alcohol and Tobacco
Tax and Trade Bureau, 1310 G Street
NW, Box 12, Washington, DC 20005;
phone 202–453–1039, ext. 175.
SUPPLEMENTARY INFORMATION:
Background on Viticultural Areas
TTB Authority
Section 105(e) of the Federal Alcohol
Administration Act (FAA Act), 27
U.S.C. 205(e), authorizes the Secretary
of the Treasury to prescribe regulations
for the labeling of wine, distilled spirits,
and malt beverages. The FAA Act
provides that these regulations should,
among other things, prohibit consumer
deception and the use of misleading
statements on labels and ensure that
labels provide the consumer with
adequate information as to the identity
and quality of the product. The Alcohol
and Tobacco Tax and Trade Bureau
(TTB) administers the FAA Act
pursuant to section 1111(d) of the
Homeland Security Act of 2002,
codified at 6 U.S.C. 531(d). In addition,
the Secretary of the Treasury has
delegated certain administrative and
E:\FR\FM\21SEP1.SGM
21SEP1
]]>Agencies
[Federal Register Volume 87, Number 182 (Wednesday, September 21, 2022)]
[Proposed Rules]
[Pages 57655-57657]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-20311]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
24 CFR Parts 28, 30, 87, 180, and 3282
[Docket No. FR-6346-N-01]
Adjustment of Civil Monetary Penalty Amounts: Request for
Comments
AGENCY: Office of the General Counsel, HUD.
ACTION: Request for comments.
-----------------------------------------------------------------------
SUMMARY: Consistent with the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (``2015 Act''), HUD
annually publishes a final rule adjusting its civil money penalty
amounts for inflation according to the formula provided by the 2015
Act. In these rules, HUD does not apply the adjustments retroactively
and provides that the inflation-adjusted penalty amounts apply to
violations occurring on or after the rule's effective date. HUD is
considering revising this approach, however, and annually applying
inflation-adjusted penalty amounts to violations assessed after the
date of inflation, if the violation occurred after the enactment of the
2015 Act. Through this request for comments, HUD seeks public input on
the impact of applying inflation-adjusted penalty amounts on the date
the penalty is assessed rather than the date of the violation.
DATES: Comments are due on or before: November 21, 2022.
ADDRESSES: Interested persons are invited to submit comments regarding
[[Page 57656]]
this request. All submissions must refer to the above docket number and
title. There are two methods for submitting public comments:
1. Electronic Submission of Comments. Interested persons may submit
comments electronically through the Federal eRulemaking Portal at
https://www.regulations.gov. HUD strongly encourages commenters to
submit comments electronically. Electronic submission of comments
allows the author maximum time to prepare and submit a comment, ensures
timely receipt by HUD, and enables HUD to make them immediately
available to the public. Comments submitted electronically through the
https://www.regulations.gov website can be viewed by other submitters
and interested members of the public. Commenters should follow
instructions provided on that site to submit comments electronically.
2. Submission of Comments by Mail. Members of the public may submit
comments by mail to the Regulations Division, Office of General
Counsel, Department of Housing and Urban Development, 451 7th Street
SW, Room 10276, Washington, DC 20410-0500. Due to security measures at
all federal agencies, however, submission of comments by standard mail
often results in delayed delivery. To ensure timely receipt of
comments, HUD recommends that comments submitted by standard mail be
submitted at least two weeks in advance of the deadline. HUD will make
all comments received by mail available to the public at https://www.regulations.gov.
No Facsimile Comments. Facsimile (FAX) comments will not be
accepted.
Public Inspection of Public Comments. All properly submitted
comments and communications regarding this document submitted to HUD
are available for public inspection and copying between 8 a.m. and 5
p.m. weekdays at the above address. Due to security measures at the HUD
Headquarters building, an advance appointment to review the public
comments must be scheduled by calling the Regulations Division at 202-
708-3055 (this is not a toll-free number). Hearing- or speech-impaired
individuals can dial 7-1-1 to access the Telecommunications Relay
Service (TRS), which permits users to make text-based calls, including
Text Telephone (TTY) and Speech to Speech (STS) calls. Copies of all
comments submitted are available for inspection and downloading at
https://www.regulations.gov.
FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Associate General
Counsel for Legislation and Regulations, Office of the General Counsel,
Department of Housing and Urban Development, 451 7th Street SW, Room
10276, Washington, DC 20024; telephone number 202-708-3055 (this is not
a toll-free number). Hearing- or speech-impaired individuals can dial
7-1-1 to access the Telecommunications Relay Service (TRS), which
permits users to make text-based calls, including Text Telephone (TTY)
and Speech to Speech (STS) calls.
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (the 2015 Act) (Pub. L. 114-74, sec. 701, 129 Stat. 599),
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.
Specifically, the 2015 Act, codified at 28 U.S.C. 2461, note, requires
agencies with statutory authority to assess civil money penalties
(CMPs) and publish annual adjustments for inflation. Section 5 of the
2015 Act establishes the formula for calculating annual adjustments and
is tied to the Consumer Price Index for all Urban Consumers (CPI-U). In
accordance with the 2015 Act, annual adjustments after the initial
``catch-up'' adjustment may be issued ``notwithstanding section 553 of
Title 5, United States Code'', the notice and comment requirements of
the Administrative Procedure Act.
On June 15, 2016, HUD issued for public comment an interim rule,
pursuant to the 2015 Act, to amend CMP regulations (81 FR 38931). HUD
finalized the interim rule the following year in the Inflation Catch-up
Adjustment of Civil Monetary Penalty Amounts Final Rule and Adjustment
of Civil Monetary Penalty Amounts for 2017 (82 FR 24521). HUD's 2017
final rule stated that ``Since HUD is not applying these adjustments
retroactively, the 2016 increases being finalized apply to violations
occurring prior to the effective date of this final rule (and on and
after the effective date of the 2016 interim rule) and the 2017
increases apply to violations occurring on or after this rule's
effective date.''
Since the publication of the 2017 final rule, HUD has continued to
apply inflation-adjusted penalty amounts to violations occurring on or
after the rule's effective date each year.\1\ In addition, HUD has
implemented its adjusted penalty amounts uniformly across the several
programs for which it has authority to assess penalties.
---------------------------------------------------------------------------
\1\ See Adjustment of Civil Monetary Penalty Amounts for 2018-
2022 at 83 FR 32790; 84 FR 9451; 85 FR 13041; 86 FR 14370; and 87 FR
24418.
HUD Statutory and Regulatory Authority for Imposition of Civil Money
Penalties
------------------------------------------------------------------------
Regulatory
Description Statutory citation citation (24 CFR)
------------------------------------------------------------------------
False Claims................... Omnibus Budget Sec. 28.10(a).
Reconciliation
Act of 1986 (31
U.S.C.
3802(a)(1)).
False Statements............... Omnibus Budget Sec. 28.10(b).
Reconciliation
Act of 1986 (31
U.S.C. 3802
(a)(2)).
Advance Disclosure of Funding.. Department of Sec. 30.20.
Housing and Urban
Development Act
(42 U.S.C.
3537a(c)).
Disclosure of Subsidy Layering. Department of Sec. 30.25.
Housing and Urban
Development Act
(42 U.S.C.
3545(f)).
FHA Mortgagees and Lenders HUD Reform Act of Sec. 30.35.
Violations. 1989 (12 U.S.C.
1735f-14(a)(2)).
Other FHA Participants HUD Reform Act of Sec. 30.36.
Violations. 1989 (12 U.S.C.
1735f-14(a)(2)).
Indian Home Loan Guarantee Housing Community Sec. 30.40.
Lender or Holder Violations. Development Act
of 1992 (12
U.S.C. 1715z-
13a(g)(2)).
Multifamily & Section 202 or HUD Reform Act of Sec. 30.45.
811 Owners Violations. 1989 (12 U.S.C.
1735f-15(c)(2)).
[[Page 57657]]
Ginnie Mae Issuers & Custodians HUD Reform Act of Sec. 30.50.
Violations. 1989 (12 U.S.C.
1723i(a)).
Title I Broker & Dealers HUD Reform Act of Sec. 30.60.
Violations. 1989 (12 U.S.C.
1703).
Lead Disclosure Violation...... Title X-- Sec. 30.65.
Residential Lead-
Based Paint
Hazard Reduction
Act of 1992 (42
U.S.C.
4852d(b)(1)).
Section 8 Owners Violations.... Multifamily Sec. 30.68.
Assisted Housing
Reform and
Affordability Act
of 1997 (42
U.S.C. 1437z-
1(b)(2)).
Lobbying Violation............. The Lobbying Sec. 87.400.
Disclosure Act of
1995 (31 U.S.C.
1352).
Fair Housing Act Civil Fair Housing Act Sec. 180.671(a).
Penalties. (42 U.S.C.
3612(g)(3)).
Manufactured Housing Housing Community Sec. 3282.10.
Regulations Violation. Development Act
of 1974 (42
U.S.C. 5410).
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II. This Document
This document announces that HUD is considering revising its
implementation of the 2015 Act by providing that the adjusted penalty
amounts would apply to penalties assessed after the publication of the
adjustment, rather than to violations occurring after publication of
the adjustment, as long as the violation occurred after the enactment
of the 2015 Act. HUD is considering applying the inflation-adjusted
penalty amounts in this manner after revisiting Section 6 of the 2015
Act which provides that an ``increase under this Act in a civil
monetary penalty shall apply only to civil monetary penalties,
including those whose associated violation predate such increase, which
are assessed after the date the increase takes effect.'' 28 U.S.C.
2461, note. The Office of Management and Budget (``OMB'') guidance (M-
22-07) which provides the 2022 inflation multiplier also provides that
the adjusted penalty applies to ``penalties assessed after the
effective date of the applicable adjustment''.\2\ Finally, a review of
the penalty adjustments published by other federal agencies suggests
that they apply the inflation-adjusted penalty amounts to penalties
assessed after the date of the increase as long as the violation
occurred after the enactment of the 2015 Act.
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\2\ December 15, 2021, Memorandum for the Heads of Executive
Departments and Agencies (M-22-07) from Shalanda D. Young, Acting
Director, Office of Management and Budget, Implementation of Penalty
Inflation Adjustments for 2022, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (OMB
Memorandum), at 4.
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III. Request for Public Comments
In considering the forthcoming 2023 fiscal year, HUD is considering
whether to revise its implementation of the 2015 Act to apply
inflation-adjusted penalty amounts on the date the penalty is assessed,
rather than the earlier date of the violation, and is requesting public
comment. HUD is interested in the impact of such a change, as well as
the impact of applying the inflation-adjusted penalty to the date of
assessment for some, but not all, programs.
Damon Smith,
General Counsel.
[FR Doc. 2022-20311 Filed 9-20-22; 8:45 am]
BILLING CODE 4210-67-P
