Annual Civil Monetary Penalties Inflation Adjustment, 3928-3930 [2023-01227]
Download as PDF
3928
Federal Register / Vol. 88, No. 14 / Monday, January 23, 2023 / Rules and Regulations
and the Regional Small Business
Regulatory Fairness Boards. The
Ombudsman evaluates these actions
annually and rates each agency’s
responsiveness to small business. If you
wish to comment on actions by
employees of the Coast Guard, call 1–
888–REG–FAIR (1–888–734–3247). The
Coast Guard will not retaliate against
small entities that question or complain
about this rule or any policy or action
of the Coast Guard.
C. Collection of Information
This rule will not call for a new
collection of information under the
Paperwork Reduction Act of 1995 (44
U.S.C. 3501–3520).
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D. Federalism and Indian Tribal
Governments
A rule has implications for federalism
under Executive Order 13132,
Federalism, if it has a substantial direct
effect on the States, on the relationship
between the National Government and
the States, or on the distribution of
power and responsibilities among the
various levels of government. We have
analyzed this rule under that Order and
have determined that it is consistent
with the fundamental federalism
principles and preemption requirements
described in Executive Order 13132.
Also, this rule does not have tribal
implications under Executive Order
13175, Consultation and Coordination
with Indian Tribal Governments,
because it does not have a substantial
direct effect on one or more Indian
tribes, on the relationship between the
Federal Government and Indian tribes,
or on the distribution of power and
responsibilities between the Federal
Government and Indian tribes. If you
believe this rule has implications for
federalism or Indian tribes, please call
or email the person listed in the FOR
FURTHER INFORMATION CONTACT section
above.
E. Unfunded Mandates Reform Act
The Unfunded Mandates Reform Act
of 1995 (2 U.S.C. 1531–1538) requires
Federal agencies to assess the effects of
their discretionary regulatory actions. In
particular, the Act addresses actions
that may result in the expenditure by a
State, local, or tribal government, in the
aggregate, or by the private sector of
$100,000,000 (adjusted for inflation) or
more in any one year. Though this rule
will not result in such an expenditure,
we do discuss the effects of this rule
elsewhere in this preamble.
F. Environment
We have analyzed this rule under
Department of Homeland Safety
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15:46 Jan 20, 2023
Jkt 259001
Directive 023–01, Rev. 1, associated
implementing instructions, and
Environmental Planning COMDTINST
5090.1 (series), which guide the Coast
Guard in complying with the National
Environmental Policy Act of 1969 (42
U.S.C. 4321–4370f), and have
determined that this action is one of a
category of actions that do not
individually or cumulatively have a
significant effect on the human
environment. This rule involves a
temporary, moving safety zone on
waters of the Cooper River, Charleston
Harbor, and Atlantic Ocean at the
Charleston Harbor Entrance and
Approach, within a 100-yard radius of
the vessel USNS Gordon and all towing
vessels supporting its operations until
the vessel proceeds seaward of the
Charleston Harbor Entrance Channel
Buoy #6. This zone is not expected to
last more than eight hours. It is
categorically excluded from further
review under paragraph L60(a) of
Appendix A, Table 1 of DHS Instruction
Manual 023–01–001–01, Rev. 1. A
Record of Environmental Consideration
supporting this determination is
available in the docket. For instructions
on locating the docket, see the
ADDRESSES section of this preamble.
G. Protest Activities
The Coast Guard respects the First
Amendment rights of protesters.
Protesters are asked to call or email the
person listed in the FOR FURTHER
INFORMATION CONTACT section to
coordinate protest activities so that your
message can be received without
jeopardizing the safety or security of
people, places or vessels.
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Safety measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS
AREAS.
1. The authority citation for part 165
continues to read as follows:
■
§ 165.T07–0039 Safety Zone; Charleston
Harbor, Charleston, SC
(a) Location. The following is a safety
zone: The moving safety zone will
include all navigable waters of the
Cooper River, Charleston Harbor, and
the Atlantic Ocean at the Charleston
Harbor Entrance and Approach, within
a 100-yard radius of the vessel USNS
Gordon and all towing vessels
supporting its operations, while
transiting outbound until the vessel
proceeds seaward of the Charleston
Harbor Entrance Channel Buoy #6.
(b) Definition. The term ‘‘designated
representative’’ means Coast Guard
Patrol Commanders, including Coast
Guard coxswains, petty officers, and
other officers operating Coast Guard
vessels, and Federal, state, and local
officers designated by or assisting the
Captain of the Port (COTP) in the
enforcement of the safety zone.
(c) Regulations. (1) No person or
vessel will be permitted to enter, transit,
anchor, or remain within the safety zone
described in paragraph (a) of this
section unless authorized by the COTP
Charleston or a designated
representative. If authorization is
granted, persons and/or vessels
receiving such authorization must
comply with the instructions of the
COTP Charleston or designated
representative.
(2) Persons who must notify or
request authorization from the COTP
Charleston may do so by telephone at
(843) 740–7050, or may contact a
designated representative via VHF radio
on channel 16.
(d) Effective and enforcement period.
This section is effective on January 12,
through January 24, 2023. The moving
zone will be enforced while USNS
Gordon and all towing vessels
supporting its operations are transiting,
until seaward of the Charleston Harbor
Entrance Channel Buoy #6.
Dated: January 11, 2023.
John D. Cole,
Captain, U.S. Coast Guard, Captain of the
Port Charleston.
[FR Doc. 2023–01125 Filed 1–20–23; 8:45 am]
BILLING CODE 9110–04–P
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Parts 1230 and 2554
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, 160.5; and
Department of Homeland Safety Delegation
No. 00170.1, Revision No. 01.2.
RIN 3045–AA86
2. Add § 165.T07–0039 to read as
follows:
AGENCY:
■
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Annual Civil Monetary Penalties
Inflation Adjustment
Corporation for National and
Community Service.
E:\FR\FM\23JAR1.SGM
23JAR1
Federal Register / Vol. 88, No. 14 / Monday, January 23, 2023 / Rules and Regulations
ACTION:
Final rule.
The Corporation for National
and Community Service (CNCS) is
updating its regulations to reflect
required annual inflation-related
increases to the civil monetary penalties
under the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (Act) and Office of
Management and Budget (OMB)
guidance.
SUMMARY:
DATES:
This rule is effective January 23,
2023.
FOR FURTHER INFORMATION CONTACT:
Kiara Rhodes, Office of General
Counsel, at PublicComments@cns.gov or
202–937–6965. Individuals who use a
telecommunications device for the deaf
(TTY–TDD) may call 800–833–3722
between 8 a.m. and 8 p.m. Eastern Time,
Monday through Friday.
SUPPLEMENTARY INFORMATION:
khammond on DSKJM1Z7X2PROD with RULES
I. Background
The Corporation for National and
Community Service, which operates as
AmeriCorps, is a Federal agency that
engages millions of Americans in
service. AmeriCorps members and
AmeriCorps Seniors volunteers serve
directly with nonprofit organizations to
tackle our nation’s most pressing
challenges. For more information, visit
americorps.gov.
AmeriCorps has two civil monetary
penalties in its regulations. A civil
monetary penalty under the Act is a
penalty, fine, or other sanction that: (1)
is for a specific monetary amount as
provided by Federal law or has a
maximum amount provided for by
Federal law; and (2) is assessed or
enforced by an agency pursuant to
Federal law; and (3) is assessed or
enforced pursuant to an administrative
proceeding or a civil action in the
Federal courts. (See 28 U.S.C. 2461
note). A civil monetary penalty does not
include a penalty levied for violation of
a criminal statute, or fees for services,
licenses, permits, or other regulatory
review.
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Sec. 701 of Pub. L. 114–74) (the
‘‘Act’’) requires agencies to adjust their
civil monetary penalties for inflation
annually. Today’s rule updates
AmeriCorps’ two civil penalties for
inflation.
II. Method of Calculation
The inflation adjustment for each
applicable civil monetary penalty is
determined using the percent increase
in the Consumer Price Index for all
Urban Consumers (CPI–U) for the month
VerDate Sep<11>2014
15:46 Jan 20, 2023
Jkt 259001
of October of the year in which the
amount of each civil money penalty was
most recently established or modified.
See December 15, 2022 OMB Memo for
the Heads of Executive Departments and
Agencies, M–23–05, Implementation of
Penalty Inflation Adjustments for 2023,
Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015. The cost-of-living
adjustment multiplier for 2023, based
on the CPI–U for the month of October
2022, not seasonally adjusted, is
1.07745.
The agency identified two civil
penalties in its regulations: (1) the
penalty associated with Restrictions on
Lobbying (45 CFR 1230.400) and (2) the
penalty associated with the Program
Fraud Civil Remedies Act (45 CFR
2554.1):
• The civil monetary penalties related
to Restrictions on Lobbying (45 CFR
1230.400) range from $22,022 to
$220,212. Using the 2023 multiplier, the
new range of possible civil monetary
penalties is from $23,728 to $237,267.
• The Program Fraud Civil Remedies
Act of 1986 (45 CFR 2554.1) civil
monetary penalty has an upper limit of
$12,537. Using the 2023 multiplier, the
new upper limit of the civil monetary
penalty is $13,508.
III. Summary of Final Rule
This final rule adjusts the civil
monetary penalty amounts related to
Restrictions on Lobbying (45 CFR
1230.400) and the Program Fraud Civil
Remedies Act of 1986 (45 CFR 2554.1).
The range of civil monetary penalties
related to Restrictions on Lobbying
increase from ‘‘$22,022 to $220,212’’ to
‘‘$23,728 to $237,267.’’ The civil
monetary penalties for the Program
Fraud Civil Remedies Act of 1986
increase from ‘‘up to $12,537’’ to ‘‘up to
$13,508.’’
IV. Regulatory Procedures
3929
Improvements Act of 2015 requires the
agency to update its regulations based
on a prescribed formula, the agency has
no discretion in the nature or amount of
the change to the civil monetary
penalties to reflect any views or
suggestions provided by commenters.
Accordingly, it would serve no purpose
to provide an opportunity for public
comment on this rule prior to
promulgation. Thus, providing for
notice and public comment is
impracticable and unnecessary.
Additionally, it would not be possible to
meet the deadlines imposed by the Act
if we were to first publish a proposed
rule, allow the public sufficient time to
submit comments, analyze the
comments, and publish a final rule.
Therefore, notice and comment for these
proscribed updates is impracticable and
unnecessary.
Furthermore, the agency finds under
section 553(d)(3) of the APA that good
cause exists to make this final rule
effective immediately upon publication
in the Federal Register. In the Act,
Congress expressly required Federal
agencies to publish annual inflation
adjustments to civil penalties in the
Federal Register by January 15 of each
year, notwithstanding section 553 of the
APA. Under the statutory framework
and OMB guidance, the new penalty
levels take effect immediately upon the
effective date of the adjustment. The
statutory deadline does not allow time
to delay this rule’s effective date beyond
publication. Moreover, an effective date
after January 15 would delay
application of the new penalty levels,
contrary to Congress’s intent.
Accordingly, we are issuing the
annual adjustments as a final rule
without prior notice or an opportunity
for comment and with an effective date
immediately upon publication in the
Federal Register.
A. Determination of Good Cause for
Publication Without Notice and
Comment and With an Immediate
Effective Date
B. Review Under Procedural Statutes
and Executive Orders
Section 553(b) of the Administrative
Procedure Act (APA) (5 U.S.C. 553)
provides that, when an agency for good
cause finds that notice and public
comment procedures are impracticable,
unnecessary, or contrary to the public
interest, then the agency may issue a
rule without providing notice and an
opportunity for prior public comment.
The agency finds that there is good
cause to except this rule from the public
notice and comment provisions of the
APA in this case. Because the Federal
Civil Penalties Inflation Adjustment Act
List of Subjects
PO 00000
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The agency has determined that
making technical changes to the amount
of civil monetary penalties in its
regulations does not trigger any
requirements under procedural statutes
and Executive Orders that govern
rulemaking procedures.
45 CFR Part 1230
Government contracts, Grant
programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping
requirements.
E:\FR\FM\23JAR1.SGM
23JAR1
3930
Federal Register / Vol. 88, No. 14 / Monday, January 23, 2023 / Rules and Regulations
45 CFR Part 2554
DEPARTMENT OF COMMERCE
Claims, Fraud, Organization and
functions (Government agencies),
Penalties.
National Oceanic and Atmospheric
Administration
For the reasons discussed in the
preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for
National and Community Service
amends chapters XII and XXV, title 45
of the Code of Federal Regulations as
follows:
50 CFR Part 679
PART 1230—NEW RESTRICTIONS ON
LOBBYING
1. The authority citation for part 1230
continues to read as follows:
■
Authority: Section 319, Pub. L. 101–121
(31 U.S.C. 1352); Pub. L. 93–113; 42 U.S.C.
4951, et seq.; 42 U.S.C. 5060.
§ 1230.400
[Amended]
2. Amend § 1230.400 by removing
‘‘$22,022’’ wherever it appears and
adding, in its place, ‘‘$23,728’’, and by
removing ‘‘$220,212’’ wherever it
appears and adding, in its place,
‘‘$237,267’’.
■
Appendix A to Part 1230 [Amended]
3. Amend appendix A to part 1230 by
removing ‘‘$22,022’’ wherever it appears
and adding, in its place, ‘‘$23,728’’ and
removing ‘‘$220,212’’ wherever it
appears and adding, in its place,
‘‘$237,267’’.
■
PART 2554—PROGRAM FRAUD CIVIL
REMEDIES ACT REGULATIONS
4. The authority citation for part 2554
continues to read as follows:
■
Authority: Pub. L. 99–509, Secs. 6101–
6104, 100 Stat. 1874 (31 U.S.C. 3801–3812);
42 U.S.C. 12651c–12651d.
§ 2554.1
[Amended]
5. Amend § 2554.1 in paragraph (b) by
removing ‘‘$12,537’’ and adding, in its
place, ‘‘$13,508’’.
■
Fernando Laguarda,
General Counsel.
[FR Doc. 2023–01227 Filed 1–20–23; 8:45 am]
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BILLING CODE 6050–28–P
VerDate Sep<11>2014
15:46 Jan 20, 2023
Jkt 259001
[Docket No. 220223–0054; RTID 0648–
XC684]
Fisheries of the Exclusive Economic
Zone Off Alaska; Groundfish in the
Red King Crab Savings Subarea of the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for groundfish by vessels using
nonpelagic trawl gear in the Red King
Crab Savings Subarea of the Bering Sea
and Aleutian Islands management area
(BSAI). This action is necessary because
the State of Alaska, Department of Fish
and Game did not establish a guideline
harvest level fishery for red king crab in
the Bristol Bay area for the 2022/2023
fishing year.
DATES: Effective 1200 hours, Alaska
local time (A.l.t.), January 20, 2023,
through 2400 hours, A.l.t., December 31,
2023.
FOR FURTHER INFORMATION CONTACT:
Abby Jahn, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
appear at subpart H of 50 CFR part 600
and 50 CFR part 679.
In accordance with
§ 679.21(e)(3)(ii)(B)(1), the Regional
Administrator is prohibiting directed
fishing for groundfish by vessels using
nonpelagic trawl gear in the Red King
Crab Saving Subarea of the BSAI. This
action is necessary because the State of
Alaska, Department of Fish and Game
did not establish a guideline harvest
level fishery for red king crab in the
Bristol Bay area for the 2022/2023
fishing year.
While this closure is effective, the
maximum retainable amounts at
§ 679.20(e) and (f) apply at any time
during a trip.
SUMMARY:
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Classification
NMFS issues this action pursuant to
section 305(d) of the Magnuson-Stevens
Act. This action is required by 50 CFR
part 679, which was issued pursuant to
section 304(b), and is exempt from
review under Executive Order 12866.
Pursuant to 5 U.S.C. 553(b)(B), there
is good cause to waive prior notice and
an opportunity for public comment on
this action, as notice and comment
would be impracticable and contrary to
the public interest, as it would prevent
NMFS from responding to the most
recent fisheries data in a timely fashion,
and would delay the directed fishing
closure of groundfish by vessels using
nonpelagic trawl gear in the Red King
Crab Savings Subarea of the BSAI.
NMFS was unable to publish a notice
providing time for public comment
because the most recent, relevant data
only became available as of January 17,
2023.
The Assistant Administrator for
Fisheries, NOAA also finds good cause
to waive the 30-day delay in the
effective date of this action under 5
U.S.C. 553(d)(3). This finding is based
upon the reasons provided above for
waiver of prior notice and opportunity
for public comment.
Authority: 16 U.S.C. 1801 et seq.
Dated: January 18, 2023.
Jennifer M. Wallace,
Acting Director, Office of Sustainable
Fisheries, National Marine Fisheries Service.
[FR Doc. 2023–01170 Filed 1–18–23; 4:15 pm]
BILLING CODE 3510–22–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 220216–0049; RTID 0648–
XC691]
Fisheries of the Exclusive Economic
Zone Off Alaska; Pollock in Statistical
Area 610 in the Gulf of Alaska
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting directed
fishing for pollock in Statistical Area
610 in the Gulf of Alaska (GOA). This
action is necessary to prevent exceeding
the A season allowance of the 2023 total
allowable catch of pollock for Statistical
Area 610 in the GOA.
SUMMARY:
E:\FR\FM\23JAR1.SGM
23JAR1
Agencies
[Federal Register Volume 88, Number 14 (Monday, January 23, 2023)]
[Rules and Regulations]
[Pages 3928-3930]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01227]
=======================================================================
-----------------------------------------------------------------------
CORPORATION FOR NATIONAL AND COMMUNITY SERVICE
45 CFR Parts 1230 and 2554
RIN 3045-AA86
Annual Civil Monetary Penalties Inflation Adjustment
AGENCY: Corporation for National and Community Service.
[[Page 3929]]
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Corporation for National and Community Service (CNCS) is
updating its regulations to reflect required annual inflation-related
increases to the civil monetary penalties under the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (Act) and
Office of Management and Budget (OMB) guidance.
DATES: This rule is effective January 23, 2023.
FOR FURTHER INFORMATION CONTACT: Kiara Rhodes, Office of General
Counsel, at [email protected] or 202-937-6965. Individuals who use
a telecommunications device for the deaf (TTY-TDD) may call 800-833-
3722 between 8 a.m. and 8 p.m. Eastern Time, Monday through Friday.
SUPPLEMENTARY INFORMATION:
I. Background
The Corporation for National and Community Service, which operates
as AmeriCorps, is a Federal agency that engages millions of Americans
in service. AmeriCorps members and AmeriCorps Seniors volunteers serve
directly with nonprofit organizations to tackle our nation's most
pressing challenges. For more information, visit americorps.gov.
AmeriCorps has two civil monetary penalties in its regulations. A
civil monetary penalty under the Act is a penalty, fine, or other
sanction that: (1) is for a specific monetary amount as provided by
Federal law or has a maximum amount provided for by Federal law; and
(2) is assessed or enforced by an agency pursuant to Federal law; and
(3) is assessed or enforced pursuant to an administrative proceeding or
a civil action in the Federal courts. (See 28 U.S.C. 2461 note). A
civil monetary penalty does not include a penalty levied for violation
of a criminal statute, or fees for services, licenses, permits, or
other regulatory review.
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (Sec. 701 of Pub. L. 114-74) (the ``Act'') requires
agencies to adjust their civil monetary penalties for inflation
annually. Today's rule updates AmeriCorps' two civil penalties for
inflation.
II. Method of Calculation
The inflation adjustment for each applicable civil monetary penalty
is determined using the percent increase in the Consumer Price Index
for all Urban Consumers (CPI-U) for the month of October of the year in
which the amount of each civil money penalty was most recently
established or modified. See December 15, 2022 OMB Memo for the Heads
of Executive Departments and Agencies, M-23-05, Implementation of
Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015. The cost-
of-living adjustment multiplier for 2023, based on the CPI-U for the
month of October 2022, not seasonally adjusted, is 1.07745.
The agency identified two civil penalties in its regulations: (1)
the penalty associated with Restrictions on Lobbying (45 CFR 1230.400)
and (2) the penalty associated with the Program Fraud Civil Remedies
Act (45 CFR 2554.1):
The civil monetary penalties related to Restrictions on
Lobbying (45 CFR 1230.400) range from $22,022 to $220,212. Using the
2023 multiplier, the new range of possible civil monetary penalties is
from $23,728 to $237,267.
The Program Fraud Civil Remedies Act of 1986 (45 CFR
2554.1) civil monetary penalty has an upper limit of $12,537. Using the
2023 multiplier, the new upper limit of the civil monetary penalty is
$13,508.
III. Summary of Final Rule
This final rule adjusts the civil monetary penalty amounts related
to Restrictions on Lobbying (45 CFR 1230.400) and the Program Fraud
Civil Remedies Act of 1986 (45 CFR 2554.1). The range of civil monetary
penalties related to Restrictions on Lobbying increase from ``$22,022
to $220,212'' to ``$23,728 to $237,267.'' The civil monetary penalties
for the Program Fraud Civil Remedies Act of 1986 increase from ``up to
$12,537'' to ``up to $13,508.''
IV. Regulatory Procedures
A. Determination of Good Cause for Publication Without Notice and
Comment and With an Immediate Effective Date
Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C.
553) provides that, when an agency for good cause finds that notice and
public comment procedures are impracticable, unnecessary, or contrary
to the public interest, then the agency may issue a rule without
providing notice and an opportunity for prior public comment. The
agency finds that there is good cause to except this rule from the
public notice and comment provisions of the APA in this case. Because
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015 requires the agency to update its regulations based on a
prescribed formula, the agency has no discretion in the nature or
amount of the change to the civil monetary penalties to reflect any
views or suggestions provided by commenters. Accordingly, it would
serve no purpose to provide an opportunity for public comment on this
rule prior to promulgation. Thus, providing for notice and public
comment is impracticable and unnecessary. Additionally, it would not be
possible to meet the deadlines imposed by the Act if we were to first
publish a proposed rule, allow the public sufficient time to submit
comments, analyze the comments, and publish a final rule. Therefore,
notice and comment for these proscribed updates is impracticable and
unnecessary.
Furthermore, the agency finds under section 553(d)(3) of the APA
that good cause exists to make this final rule effective immediately
upon publication in the Federal Register. In the Act, Congress
expressly required Federal agencies to publish annual inflation
adjustments to civil penalties in the Federal Register by January 15 of
each year, notwithstanding section 553 of the APA. Under the statutory
framework and OMB guidance, the new penalty levels take effect
immediately upon the effective date of the adjustment. The statutory
deadline does not allow time to delay this rule's effective date beyond
publication. Moreover, an effective date after January 15 would delay
application of the new penalty levels, contrary to Congress's intent.
Accordingly, we are issuing the annual adjustments as a final rule
without prior notice or an opportunity for comment and with an
effective date immediately upon publication in the Federal Register.
B. Review Under Procedural Statutes and Executive Orders
The agency has determined that making technical changes to the
amount of civil monetary penalties in its regulations does not trigger
any requirements under procedural statutes and Executive Orders that
govern rulemaking procedures.
List of Subjects
45 CFR Part 1230
Government contracts, Grant programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping requirements.
[[Page 3930]]
45 CFR Part 2554
Claims, Fraud, Organization and functions (Government agencies),
Penalties.
For the reasons discussed in the preamble, under the authority of
42 U.S.C. 12651c(c), the Corporation for National and Community Service
amends chapters XII and XXV, title 45 of the Code of Federal
Regulations as follows:
PART 1230--NEW RESTRICTIONS ON LOBBYING
0
1. The authority citation for part 1230 continues to read as follows:
Authority: Section 319, Pub. L. 101-121 (31 U.S.C. 1352); Pub.
L. 93-113; 42 U.S.C. 4951, et seq.; 42 U.S.C. 5060.
Sec. 1230.400 [Amended]
0
2. Amend Sec. 1230.400 by removing ``$22,022'' wherever it appears and
adding, in its place, ``$23,728'', and by removing ``$220,212''
wherever it appears and adding, in its place, ``$237,267''.
Appendix A to Part 1230 [Amended]
0
3. Amend appendix A to part 1230 by removing ``$22,022'' wherever it
appears and adding, in its place, ``$23,728'' and removing ``$220,212''
wherever it appears and adding, in its place, ``$237,267''.
PART 2554--PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS
0
4. The authority citation for part 2554 continues to read as follows:
Authority: Pub. L. 99-509, Secs. 6101-6104, 100 Stat. 1874 (31
U.S.C. 3801-3812); 42 U.S.C. 12651c-12651d.
Sec. 2554.1 [Amended]
0
5. Amend Sec. 2554.1 in paragraph (b) by removing ``$12,537'' and
adding, in its place, ``$13,508''.
Fernando Laguarda,
General Counsel.
[FR Doc. 2023-01227 Filed 1-20-23; 8:45 am]
BILLING CODE 6050-28-P