Civil Monetary Penalties Inflation Adjustment, 2247-2248 [2023-00722]
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Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations
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the U.S. House of Representatives, and
the Comptroller General of the United
States prior to publication of the rule in
the Federal Register. A major rule
cannot take effect until 60 days after it
is published in the Federal Register.
This action is not a ‘‘major rule’’ as
defined by 5 U.S.C. 804(2).
Under section 307(b)(1) of the CAA,
petitions for judicial review of this
action must be filed in the United States
Court of Appeals for the appropriate
circuit by March 14, 2023. Filing a
petition for reconsideration by the
Administrator of this final rule does not
affect the finality of this action for the
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extend the time within which a petition
for judicial review may be filed and
shall not postpone the effectiveness of
such rule or action. This action may not
be challenged later in proceedings to
enforce its requirements. See section
307(b)(2).
List of Subjects in 40 CFR Part 52
PART 52—APPROVAL AND
PROMULGATION OF
IMPLEMENTATION PLANS
1. The authority citation for part 52
continues to read as follows:
■
Authority: 42 U.S.C. 7401 et seq.
Environmental protection, Air
pollution control, Incorporation by
reference, Intergovernmental relations,
Nitrogen oxides, Ozone, Reporting and
recordkeeping Requirements, Volatile
organic compounds.
Subpart II—North Carolina
2. In § 52.1770, amend the table in
paragraph (e) by adding an entry for
‘‘1997 8-hour Ozone 2nd Maintenance
Plan (Limited Maintenance Plan) for the
North Carolina portion of the bi-state
Charlotte Area’’ at the end of the table
to read as follows:
■
Dated: December 30, 2022.
Daniel Blackman,
Regional Administrator, Region 4.
§ 52.1770
For the reasons stated in the
preamble, EPA amends 40 CFR part 52
as follows:
*
Identification of plan.
*
*
(e) * * *
*
*
EPA-APPROVED NORTH CAROLINA NON-REGULATORY PROVISIONS
State
effective
date
Provision
*
*
*
*
1997 8-hour Ozone 2nd Maintenance Plan (Limited Maintenance
Plan) for the North Carolina portion of the bi-state Charlotte Area.
EPA
approval
date
*
12/9/2021
1/13/2023
Street NW, Washington, DC 20405.
Telephone Number 202–501–1460.
[FR Doc. 2022–28664 Filed 1–12–23; 8:45 am]
BILLING CODE 6560–50–P
SUPPLEMENTARY INFORMATION:
GENERAL SERVICES
ADMINISTRATION
I. The Debt Collection Improvement Act
of 1996
41 CFR Part 105–70
To maintain the remedial impact of
civil monetary penalties (CMPs) and to
promote compliance with the law, the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410) was amended by the Debt
Collection Improvement Act of 1996
(Pub. L. 104–134) and the Federal Civil
Penalties Inflation Adjustment Act
Improvement Act of 2015 (Sec. 701 of
Pub. L. 114–74) to require Federal
agencies to regularly adjust certain
CMPs for inflation. As amended, the law
requires each agency to make an initial
inflationary adjustment for all
applicable CMPs, and to make further
adjustments at least once every year
thereafter for these penalty amounts.
The Debt Collection Improvement Act of
1996 further stipulates that any
resulting increases in a CMP due to the
calculated inflation adjustments shall
apply only to violations which occur
after the date the increase takes effect,
i.e., thirty (30) days after date of
publication in the Federal Register.
Pursuant to the 2015 Act, agencies are
required to adjust the level of the CMP
with an initial ‘‘fix’’, and make
[FPMR Case 2023–01; Docket No. GSA–
FPMR–2023–0005; Sequence No. 1]
RIN 3090–AK68
Civil Monetary Penalties Inflation
Adjustment
The Office of the General
Counsel, General Services
Administration.
ACTION: Final rule.
AGENCY:
In accordance with the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996, and further amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvement Act of
2015, this final rule applies the inflation
adjustments for GSA’s civil monetary
penalties.
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
DATES:
Effective January 15, 2023.
Mr.
Aaron Pound, Assistant General
Counsel, General Law Division (LG),
General Services Administration, 1800 F
FOR FURTHER INFORMATION CONTACT:
VerDate Sep<11>2014
16:24 Jan 12, 2023
Jkt 259001
PO 00000
Frm 00073
Fmt 4700
Sfmt 4700
Federal Register
citation
*
[Insert Federal Register citation].
Explanation
*
subsequent annual adjustments for
inflation. Catch up adjustments are
based on the percent change between
the Consumer Price Index for Urban
Consumers (CPI–U) for the month of
October for the year of the previous
adjustment, and the October 2015 CPI–
U. Annual inflation adjustments will be
based on the percent change between
the October CPI–U preceding the date of
adjustment and the prior year’s October
CPI–U.
II. The Program Fraud Civil Remedies
Act of 1986
Sections 6103 and 6104 of the
Omnibus Budget Reconciliation Act of
1986 (Pub. L. 99–509) set forth the
Program Fraud Civil Remedies Act of
1986 (PFCRA).
Specifically, this statute imposes a
CMP and an assessment against any
person who, with knowledge or reason
to know, makes, submits, or presents a
false, fictitious, or fraudulent claim or
statement to the Government. The
General Services Administration’s
regulations, published in the Federal
Register (61 FR 246, December 20, 1996)
and codified at 41 CFR part 105–70,
currently set forth a CMP of up to
$12,100 for each false claim or
statement made to the agency. Based on
the penalty amount inflation factor
calculation, derived from originally
dividing the October 2021 CPI by the
E:\FR\FM\13JAR1.SGM
13JAR1
2248
Federal Register / Vol. 88, No. 9 / Friday, January 13, 2023 / Rules and Regulations
October 2022 CPI and making the CPIbased annual adjustment thereafter,
after rounding, we are adjusting the
maximum penalty amount for this CMP
to $13,000 for each false claim or
statement made to the agency.
lotter on DSK11XQN23PROD with RULES1
III. Waiver of Proposed Rulemaking
In developing this final rule, we are
waiving the usual notice of proposed
rulemaking, public comment, and
effective date procedures set forth in the
Administrative Procedure Act, 5 U.S.C.
553 (APA). The APA, at 5 U.S.C. 559,
provides that a subsequent statute may
supersede the APA if it does so
expressly. This rulemaking effectuates
the statutory requirements set forth in
section 4(b)(2) of the 2015 Act, which
provides that each agency shall make
the annual inflation adjustments
‘‘notwithstanding section 553’’ of the
APA. Furthermore, the APA provides an
exception to the usual notice of
proposed rulemaking, public comment,
and effective date procedures when an
agency finds there is good cause for
dispensing with such procedures on the
basis that they are impracticable,
unnecessary, or contrary to the public
interest. We have determined that,
under 5 U.S.C. 553(b)(3)(B) and
553(d)(3), good cause exists for
dispensing with these procedures. The
2015 Act provides a non-discretionary
cost-of-living formula for making the
annual adjustment to the civil monetary
penalties. GSA merely performs the
ministerial task of calculating the
amount of the adjustments. Therefore,
under the clear terms of the APA and
the language of the 2015 Act, this rule
is not subject to notice, an opportunity
for public comment, or a delayed
effective date, and will be final and
effective on January 15, 2023.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. The Office of Management
and Budget (OMB) has reviewed this
final rule in accordance with the
provisions of E.O. 12866 and has
determined that it does not meet the
criteria for a significant regulatory
action and thus was not subject to
review under Section 6(b) of E.O. 12866.
VerDate Sep<11>2014
16:24 Jan 12, 2023
Jkt 259001
As indicated above, the provisions
contained in this final rulemaking set
forth the inflation adjustments in
compliance with the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended, for specific
applicable CMPs. The great majority of
individuals, organizations and entities
addressed through these regulations do
not engage in such prohibited conduct,
and as a result, we believe that any
aggregate economic impact of these
revised regulations will be minimal,
affecting only those limited few who
may engage in prohibited conduct in
violation of the statute. As such, this
final rule and the inflation adjustment
contained therein should have no effect
on Federal or state expenditures.
V. Congressional Review Act
The agency and the Office of
Information and Regulatory Affairs,
OMB have determined that this rule is
not a major rule under 5 U.S.C. 804(2).
Subtitle E of the Small Business
Regulatory Enforcement Fairness Act of
1996 (codified at 5 U.S.C. 801–808), also
known as the Congressional Review Act
or CRA, 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. GSA 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.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
requires an agency to prepare a
regulatory flexibility analysis for rules
unless the agency certifies that the rule
will not have a significant economic
impact on a substantial number of small
entities. The RFA applies only to rules
for which an agency is required to first
publish a proposed rule. See 5 U.S.C.
603(a) and 604(a). As explained above,
GSA is not required to first publish a
proposed rule here. Thus, the RFA does
not apply to this final rule.
VII. Paperwork Reduction Act
This final rule imposes no new
reporting or recordkeeping requirements
necessitating clearance by OMB.
PO 00000
Frm 00074
Fmt 4700
Sfmt 4700
List of Subjects in 41 CFR Part 105–70
Administrative hearing, Claims,
Program fraud.
Robin Carnahan,
Administrator.
Accordingly, 41 CFR part 105–70 is
amended as set forth below:
PART 105–70—IMPLEMENTATION OF
THE PROGRAM FRAUD CIVIL
REMEDIES ACT OF 1986
1. The authority citation for part 105–
70 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 31 U.S.C.
3809.
§ 105–70.003
[Amended]
2. Amend § 105–70.003 by—
a. Removing from paragraph (a)(1)(iv)
the amount ‘‘12,100’’ and adding
‘‘13,000’’ in its place; and
■ b. Removing from paragraph (b)(1)(ii)
the amount ‘‘12,100’’ and adding
‘‘13,000’’ in its place.
■
■
[FR Doc. 2023–00722 Filed 1–12–23; 8:45 am]
BILLING CODE 6820–81–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 54
[WC Docket Nos. 21–450; FCC 22–87; FRS
120419]
Affordable Connectivity Program;
Emergency Broadband Benefit
Program
Federal Communications
Commission.
ACTION: Final rule.
AGENCY:
In the Fourth Report and
Order, the Federal Communications
Commission (Commission or FCC)
establishes the Affordable Connectivity
Program (or ACP) Transparency Data
Collection, which will collect
information related to the price,
subscription rates, and plan
characteristics of the internet service
offerings of Affordable Connectivity
Program participating providers as
required by the Infrastructure
Investment and Jobs Act (Infrastructure
Act).
DATES: Effective February 13, 2023,
except for instruction 3 (§ 54.1813(b)
through (d)) which is delayed
indefinitely. The Commission will
publish a document in the Federal
Register announcing the effective date
for those sections after the Office of
Management and Budget approval of the
information collection requirements as
SUMMARY:
E:\FR\FM\13JAR1.SGM
13JAR1
Agencies
[Federal Register Volume 88, Number 9 (Friday, January 13, 2023)]
[Rules and Regulations]
[Pages 2247-2248]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00722]
=======================================================================
-----------------------------------------------------------------------
GENERAL SERVICES ADMINISTRATION
41 CFR Part 105-70
[FPMR Case 2023-01; Docket No. GSA-FPMR-2023-0005; Sequence No. 1]
RIN 3090-AK68
Civil Monetary Penalties Inflation Adjustment
AGENCY: The Office of the General Counsel, General Services
Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by the Debt Collection Improvement
Act of 1996, and further amended by the Federal Civil Penalties
Inflation Adjustment Act Improvement Act of 2015, this final rule
applies the inflation adjustments for GSA's civil monetary penalties.
DATES: Effective January 15, 2023.
FOR FURTHER INFORMATION CONTACT: Mr. Aaron Pound, Assistant General
Counsel, General Law Division (LG), General Services Administration,
1800 F Street NW, Washington, DC 20405. Telephone Number 202-501-1460.
SUPPLEMENTARY INFORMATION:
I. The Debt Collection Improvement Act of 1996
To maintain the remedial impact of civil monetary penalties (CMPs)
and to promote compliance with the law, the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. 101-410) was amended by the
Debt Collection Improvement Act of 1996 (Pub. L. 104-134) and the
Federal Civil Penalties Inflation Adjustment Act Improvement Act of
2015 (Sec. 701 of Pub. L. 114-74) to require Federal agencies to
regularly adjust certain CMPs for inflation. As amended, the law
requires each agency to make an initial inflationary adjustment for all
applicable CMPs, and to make further adjustments at least once every
year thereafter for these penalty amounts. The Debt Collection
Improvement Act of 1996 further stipulates that any resulting increases
in a CMP due to the calculated inflation adjustments shall apply only
to violations which occur after the date the increase takes effect,
i.e., thirty (30) days after date of publication in the Federal
Register. Pursuant to the 2015 Act, agencies are required to adjust the
level of the CMP with an initial ``fix'', and make subsequent annual
adjustments for inflation. Catch up adjustments are based on the
percent change between the Consumer Price Index for Urban Consumers
(CPI-U) for the month of October for the year of the previous
adjustment, and the October 2015 CPI-U. Annual inflation adjustments
will be based on the percent change between the October CPI-U preceding
the date of adjustment and the prior year's October CPI-U.
II. The Program Fraud Civil Remedies Act of 1986
Sections 6103 and 6104 of the Omnibus Budget Reconciliation Act of
1986 (Pub. L. 99-509) set forth the Program Fraud Civil Remedies Act of
1986 (PFCRA).
Specifically, this statute imposes a CMP and an assessment against
any person who, with knowledge or reason to know, makes, submits, or
presents a false, fictitious, or fraudulent claim or statement to the
Government. The General Services Administration's regulations,
published in the Federal Register (61 FR 246, December 20, 1996) and
codified at 41 CFR part 105-70, currently set forth a CMP of up to
$12,100 for each false claim or statement made to the agency. Based on
the penalty amount inflation factor calculation, derived from
originally dividing the October 2021 CPI by the
[[Page 2248]]
October 2022 CPI and making the CPI-based annual adjustment thereafter,
after rounding, we are adjusting the maximum penalty amount for this
CMP to $13,000 for each false claim or statement made to the agency.
III. Waiver of Proposed Rulemaking
In developing this final rule, we are waiving the usual notice of
proposed rulemaking, public comment, and effective date procedures set
forth in the Administrative Procedure Act, 5 U.S.C. 553 (APA). The APA,
at 5 U.S.C. 559, provides that a subsequent statute may supersede the
APA if it does so expressly. This rulemaking effectuates the statutory
requirements set forth in section 4(b)(2) of the 2015 Act, which
provides that each agency shall make the annual inflation adjustments
``notwithstanding section 553'' of the APA. Furthermore, the APA
provides an exception to the usual notice of proposed rulemaking,
public comment, and effective date procedures when an agency finds
there is good cause for dispensing with such procedures on the basis
that they are impracticable, unnecessary, or contrary to the public
interest. We have determined that, under 5 U.S.C. 553(b)(3)(B) and
553(d)(3), good cause exists for dispensing with these procedures. The
2015 Act provides a non-discretionary cost-of-living formula for making
the annual adjustment to the civil monetary penalties. GSA merely
performs the ministerial task of calculating the amount of the
adjustments. Therefore, under the clear terms of the APA and the
language of the 2015 Act, this rule is not subject to notice, an
opportunity for public comment, or a delayed effective date, and will
be final and effective on January 15, 2023.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
The Office of Management and Budget (OMB) has reviewed this final rule
in accordance with the provisions of E.O. 12866 and has determined that
it does not meet the criteria for a significant regulatory action and
thus was not subject to review under Section 6(b) of E.O. 12866. As
indicated above, the provisions contained in this final rulemaking set
forth the inflation adjustments in compliance with the Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended, for specific
applicable CMPs. The great majority of individuals, organizations and
entities addressed through these regulations do not engage in such
prohibited conduct, and as a result, we believe that any aggregate
economic impact of these revised regulations will be minimal, affecting
only those limited few who may engage in prohibited conduct in
violation of the statute. As such, this final rule and the inflation
adjustment contained therein should have no effect on Federal or state
expenditures.
V. Congressional Review Act
The agency and the Office of Information and Regulatory Affairs,
OMB have determined that this rule is not a major rule under 5 U.S.C.
804(2). Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (codified at 5 U.S.C. 801-808), also known as the
Congressional Review Act or CRA, 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. GSA 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.
VI. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires an agency to prepare
a regulatory flexibility analysis for rules unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. The RFA applies only to rules for
which an agency is required to first publish a proposed rule. See 5
U.S.C. 603(a) and 604(a). As explained above, GSA is not required to
first publish a proposed rule here. Thus, the RFA does not apply to
this final rule.
VII. Paperwork Reduction Act
This final rule imposes no new reporting or recordkeeping
requirements necessitating clearance by OMB.
List of Subjects in 41 CFR Part 105-70
Administrative hearing, Claims, Program fraud.
Robin Carnahan,
Administrator.
Accordingly, 41 CFR part 105-70 is amended as set forth below:
PART 105-70--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT
OF 1986
0
1. The authority citation for part 105-70 continues to read as follows:
Authority: 40 U.S.C. 121(c); 31 U.S.C. 3809.
Sec. 105-70.003 [Amended]
0
2. Amend Sec. 105-70.003 by--
0
a. Removing from paragraph (a)(1)(iv) the amount ``12,100'' and adding
``13,000'' in its place; and
0
b. Removing from paragraph (b)(1)(ii) the amount ``12,100'' and adding
``13,000'' in its place.
[FR Doc. 2023-00722 Filed 1-12-23; 8:45 am]
BILLING CODE 6820-81-P