Program Fraud Civil Remedies: Civil Monetary Penalty Inflation Adjustment, 5245-5246 [2023-01612]
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5245
Rules and Regulations
Federal Register
Vol. 88, No. 18
Friday, January 27, 2023
This section of the FEDERAL REGISTER
contains regulatory documents having general
applicability and legal effect, most of which
are keyed to and codified in the Code of
Federal Regulations, which is published under
50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by
the Superintendent of Documents.
OFFICE OF PERSONNEL
MANAGEMENT
5 CFR Part 185
RIN 3206–AN39
Program Fraud Civil Remedies: Civil
Monetary Penalty Inflation Adjustment
I. Background
On November 2, 2015, the President
signed into law the Federal Civil
Penalties Inflation Adjustment Act
Office of Personnel
Management (OPM).
ACTION: Final rule.
AGENCY:
khammond on DSKJM1Z7X2PROD with RULES
This rule adjusts the level of
civil monetary penalties contained in
U.S. Office of Personnel Management
regulations implementing the Program
Fraud Civil Remedies Act of 1986, in
accordance with the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 and Office of
Management and Budget guidance.
DATES: Effective date: February 27, 2023.
FOR FURTHER INFORMATION CONTACT:
Valerie Dew, Office of the General
Counsel, Office of Personnel
Management, 1900 E St. NW,
Washington, DC 20415, Valerie.Dew@
opm.gov, (202) 606–1700.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Improvements Act of 2015 (sec. 701 of
Pub. L. 114–74, 28 U.S.C. 2461 note)
(‘‘the Act’’). The Act required agencies
to: (1) adjust the level of civil monetary
penalties with an initial ‘‘catch-up’’
adjustment through an interim final
rulemaking, and (2) make subsequent
annual adjustments for inflation. The
purpose of these adjustments is to
maintain the deterrent effect of civil
penalties. OPM has updated the
agency’s monetary penalties since the
passage of the 2015 Act.
This rule takes into account
adjustments for the year 2023 based on
inflation for that year. These
calculations were made based on
guidance contained in Office of
Management and Budget Memorandum
M–23–05:
2022 Inflation
adjustment
CFR citation
Description of the penalty
5 CFR 185.103(a) .......................................................
5 CFR 185.103(f)(2) ...................................................
Civil Penalty for False Claims ....................................
Civil Penalty for False Statements .............................
This final rule is being issued without
prior public notice or opportunity for
public comments. The 2015 Act’s
amendments to the Inflation Adjustment
Act required the agency to adjust
penalties initially through an interim
final rulemaking, which did not require
the agency to complete a notice and
comment process prior to promulgating
the interim final rule. The amendments
also explicitly required the agency to
make subsequent annual adjustments
notwithstanding 5 U.S.C. 553 (the
section of the Administrative Procedure
Act that normally requires agencies to
engage in notice and comment). The
formula used for adjusting the amount
of civil penalties is given by statute,
with no discretion provided to OPM
regarding the computation of the
adjustments. OPM is charged only with
performing ministerial computations to
determine the amount of adjustment to
the civil penalties due to increases in
the Consumer Price Index for all Urban
Consumers (CPI–U).
II. Calculation of Adjustment
The Office of Management and Budget
(OMB) issues guidance annually on
calculating adjustments. Under this
guidance, OPM has identified
VerDate Sep<11>2014
15:56 Jan 26, 2023
Jkt 259001
applicable civil monetary penalties and
calculated the annual adjustment. A
civil monetary penalty is any
assessment with a dollar amount that is
levied for a violation of a Federal civil
statute or regulation, and is assessed or
enforceable through a civil action in
Federal court or an administrative
proceeding. 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 calculated catchup adjustment is based on the percent
change between the Consumer Price
Index for all Urban Consumers (CPI–U)
for the month of October in the year of
the previous adjustment (or in the year
of establishment, if no adjustment has
been made) and the October 2015 CPI–
U.
Office of Management and Budget
Memorandum M–23–05 stated that the
cost-of-living multiplier for calculating
adjustments in 2023 was 1.07745. This
multiplier is to be applied to the current
level of civil monetary penalties for
agencies. When OPM’s 2022 penalties of
$12,537 are multiplied by 1.07745, the
resulting penalty amount is $13,508.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
2023 Inflation
adjustment
$12,537
12,537
$13,508
13,508
III. Procedural Requirements
A. Executive Orders 13563 and 12866,
Regulatory Review
Executive Orders 13563 and 12866
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). Executive Order 13563
emphasizes the importance of
quantifying both costs and benefits, of
reducing costs, of harmonizing rules,
and of promoting flexibility. In
accordance with the provisions of
Executive Order 12866, this rule is not
a significant rule as was not reviewed by
OMB.
B. 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.
E:\FR\FM\27JAR1.SGM
27JAR1
5246
Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Rules and Regulations
H. E.O. 13175, Consultation With Indian
Tribes
603(a) and 604(a). The Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 requires
agencies to adjust civil penalties
annually. No discretion is allowed.
Thus, the RFA does not apply to this
final rule.
In accordance with Executive Order
13175, OPM has evaluated this rule and
determined that it has no tribal
implications.
I. Paperwork Reduction Act
C. Small Business Regulatory
Enforcement Fairness Act (5 U.S.C.
804(2))
This rule is not a major rule under the
Small Business Regulatory Enforcement
Fairness Act. This rule:
(a) Does not have an annual effect on
the economy of $100 million or more.
(b) Will not cause a major increase in
costs or prices for consumers,
individual industries, Federal, State, or
local government agencies, or
geographic regions.
(c) Does not have significant adverse
effects on competition, employment,
investment, productivity, innovation, or
the ability of United States-based
enterprises to compete with foreignbased enterprises.
D. Unfunded Mandate Reform Act of
1995 (2 U.S.C. 1532)
This rule does not involve a Federal
mandate that may result in the
expenditure by State, local and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
and that such rulemaking will not
significantly or uniquely affect small
governments.
E. E.O. 12630, Takings
This rule does not have takings
implications.
This document does not contain
proposed information collection
requirements subject to the Paperwork
Reduction Act of 1995, Public Law 104–
13.
List of Subjects in 5 CFR Part 185
Basis for civil penalties and
assessments, Claims, Penalties, Program
fraud civil remedies.
Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
For the reasons set forth in the
preamble, amend part 185 of title 5 of
the Code of Federal Regulations as
follows:
PART 185—PROGRAM FRAUD CIVIL
REMEDIES
1. The authority citation for part 185
continues to read:
■
Authority: 28 U.S.C. 2461 note; 31 U.S.C.
3801–3812.
§ 185.103
[Amended]
2. In § 185.103, amend paragraphs (a)
introductory text and (f)(2) by removing
‘‘$12,537’’ and adding ‘‘$13,508’’ in its
place.
■
[FR Doc. 2023–01612 Filed 1–26–23; 8:45 am]
BILLING CODE 6325–48–P
F. E.O. 13132, Federalism
This rule does not have federalism
implications. The rule does not have
substantial direct effects 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.
khammond on DSKJM1Z7X2PROD with RULES
G. E.O. 12988, Civil Justice Reform
15:56 Jan 26, 2023
Jkt 259001
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2023–0024; Project
Identifier AD–2022–01492–A; Amendment
39–22311; AD 2023–02–04]
RIN 2120–AA64
This rule complies with the
requirements of E.O. 12988.
Specifically, this rule:
(a) Does not unduly burden the
judicial system.
(b) Meets the criteria of section 3(a)
requiring that all regulations be
reviewed to eliminate errors and
ambiguity and be written to minimize
litigation; and
(c) Meets the criteria of section 3(b)(2)
requiring that all regulations be written
in clear language and contain clear legal
standards.
VerDate Sep<11>2014
DEPARTMENT OF TRANSPORTATION
Airworthiness Directives; Mooney
International Corporation Airplanes
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; request for
comments.
AGENCY:
The FAA is adopting a new
airworthiness directive (AD) for certain
Mooney International Corporation
Model M20C, M20D, M20E, M20F, and
M20G airplanes. This AD was prompted
by reports of the hybrid material
SUMMARY:
PO 00000
Frm 00002
Fmt 4700
Sfmt 4700
elevator balance weight cracking. This
AD requires inspecting to determine
whether a certain elevator balance
weight is installed. If installed, this AD
requires inspecting each affected
elevator balance weight for corrosion
and cracking, and depending on the
findings, either replacing each affected
elevator balance weight with a nonhybrid (lead) elevator balance weight or
repetitively inspecting each affected
elevator balance weight. This AD also
prohibits the installation of an affected
elevator balance weight on any airplane.
The FAA is issuing this AD to address
the unsafe condition on these products.
DATES: This AD is effective February 13,
2023.
The Director of the Federal Register
approved the incorporation by reference
of a certain publication listed in this AD
as of February 13, 2023.
The FAA must receive comments on
this AD by March 13, 2023.
ADDRESSES: You may send comments,
using the procedures found in 14 CFR
11.43 and 11.45, by any of the following
methods:
• Federal eRulemaking Portal: Go to
regulations.gov. Follow the instructions
for submitting comments.
• Fax: (202) 493–2251.
• Mail: U.S. Department of
Transportation, Docket Operations, M–
30, West Building Ground Floor, Room
W12–140, 1200 New Jersey Avenue SE,
Washington, DC 20590.
• Hand Delivery: Deliver to Mail
address above between 9 a.m. and 5
p.m., Monday through Friday, except
Federal holidays.
AD Docket: You may examine the AD
docket at regulations.gov by searching
for and locating Docket No. FAA–2023–
0024; or in person at Docket Operations
between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
The AD docket contains this final rule,
any comments received, and other
information. The street address for
Docket Operations is listed above.
Material Incorporated by Reference:
• For service information identified
in this final rule, contact Mooney
International Corporation, 165 Al
Mooney Road North, Kerrville, TX
78028; phone: (800) 456–3033; email:
support@mooney.com; website:
mooney.com.
• You may view this service
information at the FAA, Airworthiness
Products Section, Operational Safety
Branch, 901 Locust, Kansas City, MO
64106. For information on the
availability of this material at the FAA,
call (817) 222–5110. It is also available
at regulations.gov by searching for and
locating Docket No. FAA–2023–0024.
E:\FR\FM\27JAR1.SGM
27JAR1
Agencies
[Federal Register Volume 88, Number 18 (Friday, January 27, 2023)]
[Rules and Regulations]
[Pages 5245-5246]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01612]
========================================================================
Rules and Regulations
Federal Register
________________________________________________________________________
This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.
The Code of Federal Regulations is sold by the Superintendent of Documents.
========================================================================
Federal Register / Vol. 88, No. 18 / Friday, January 27, 2023 / Rules
and Regulations
[[Page 5245]]
OFFICE OF PERSONNEL MANAGEMENT
5 CFR Part 185
RIN 3206-AN39
Program Fraud Civil Remedies: Civil Monetary Penalty Inflation
Adjustment
AGENCY: Office of Personnel Management (OPM).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This rule adjusts the level of civil monetary penalties
contained in U.S. Office of Personnel Management regulations
implementing the Program Fraud Civil Remedies Act of 1986, in
accordance with the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 and Office of Management and Budget guidance.
DATES: Effective date: February 27, 2023.
FOR FURTHER INFORMATION CONTACT: Valerie Dew, Office of the General
Counsel, Office of Personnel Management, 1900 E St. NW, Washington, DC
20415, [email protected], (202) 606-1700.
SUPPLEMENTARY INFORMATION:
I. Background
On November 2, 2015, the President signed into law the Federal
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (sec.
701 of Pub. L. 114-74, 28 U.S.C. 2461 note) (``the Act''). The Act
required agencies to: (1) adjust the level of civil monetary penalties
with an initial ``catch-up'' adjustment through an interim final
rulemaking, and (2) make subsequent annual adjustments for inflation.
The purpose of these adjustments is to maintain the deterrent effect of
civil penalties. OPM has updated the agency's monetary penalties since
the passage of the 2015 Act.
This rule takes into account adjustments for the year 2023 based on
inflation for that year. These calculations were made based on guidance
contained in Office of Management and Budget Memorandum M-23-05:
----------------------------------------------------------------------------------------------------------------
2022 Inflation 2023 Inflation
CFR citation Description of the penalty adjustment adjustment
----------------------------------------------------------------------------------------------------------------
5 CFR 185.103(a)............................. Civil Penalty for False Claims. $12,537 $13,508
5 CFR 185.103(f)(2).......................... Civil Penalty for False 12,537 13,508
Statements.
----------------------------------------------------------------------------------------------------------------
This final rule is being issued without prior public notice or
opportunity for public comments. The 2015 Act's amendments to the
Inflation Adjustment Act required the agency to adjust penalties
initially through an interim final rulemaking, which did not require
the agency to complete a notice and comment process prior to
promulgating the interim final rule. The amendments also explicitly
required the agency to make subsequent annual adjustments
notwithstanding 5 U.S.C. 553 (the section of the Administrative
Procedure Act that normally requires agencies to engage in notice and
comment). The formula used for adjusting the amount of civil penalties
is given by statute, with no discretion provided to OPM regarding the
computation of the adjustments. OPM is charged only with performing
ministerial computations to determine the amount of adjustment to the
civil penalties due to increases in the Consumer Price Index for all
Urban Consumers (CPI-U).
II. Calculation of Adjustment
The Office of Management and Budget (OMB) issues guidance annually
on calculating adjustments. Under this guidance, OPM has identified
applicable civil monetary penalties and calculated the annual
adjustment. A civil monetary penalty is any assessment with a dollar
amount that is levied for a violation of a Federal civil statute or
regulation, and is assessed or enforceable through a civil action in
Federal court or an administrative proceeding. 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 calculated catch-up adjustment is based on the percent change
between the Consumer Price Index for all Urban Consumers (CPI-U) for
the month of October in the year of the previous adjustment (or in the
year of establishment, if no adjustment has been made) and the October
2015 CPI-U.
Office of Management and Budget Memorandum M-23-05 stated that the
cost-of-living multiplier for calculating adjustments in 2023 was
1.07745. This multiplier is to be applied to the current level of civil
monetary penalties for agencies. When OPM's 2022 penalties of $12,537
are multiplied by 1.07745, the resulting penalty amount is $13,508.
III. Procedural Requirements
A. Executive Orders 13563 and 12866, Regulatory Review
Executive Orders 13563 and 12866 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). Executive
Order 13563 emphasizes the importance of quantifying both costs and
benefits, of reducing costs, of harmonizing rules, and of promoting
flexibility. In accordance with the provisions of Executive Order
12866, this rule is not a significant rule as was not reviewed by OMB.
B. 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.
[[Page 5246]]
603(a) and 604(a). The Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 requires agencies to adjust civil penalties
annually. No discretion is allowed. Thus, the RFA does not apply to
this final rule.
C. Small Business Regulatory Enforcement Fairness Act (5 U.S.C. 804(2))
This rule is not a major rule under the Small Business Regulatory
Enforcement Fairness Act. This rule:
(a) Does not have an annual effect on the economy of $100 million
or more.
(b) Will not cause a major increase in costs or prices for
consumers, individual industries, Federal, State, or local government
agencies, or geographic regions.
(c) Does not have significant adverse effects on competition,
employment, investment, productivity, innovation, or the ability of
United States-based enterprises to compete with foreign-based
enterprises.
D. Unfunded Mandate Reform Act of 1995 (2 U.S.C. 1532)
This rule does not involve a Federal mandate that may result in the
expenditure by State, local and tribal governments, in the aggregate,
or by the private sector, of $100 million or more and that such
rulemaking will not significantly or uniquely affect small governments.
E. E.O. 12630, Takings
This rule does not have takings implications.
F. E.O. 13132, Federalism
This rule does not have federalism implications. The rule does not
have substantial direct effects 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.
G. E.O. 12988, Civil Justice Reform
This rule complies with the requirements of E.O. 12988.
Specifically, this rule:
(a) Does not unduly burden the judicial system.
(b) Meets the criteria of section 3(a) requiring that all
regulations be reviewed to eliminate errors and ambiguity and be
written to minimize litigation; and
(c) Meets the criteria of section 3(b)(2) requiring that all
regulations be written in clear language and contain clear legal
standards.
H. E.O. 13175, Consultation With Indian Tribes
In accordance with Executive Order 13175, OPM has evaluated this
rule and determined that it has no tribal implications.
I. Paperwork Reduction Act
This document does not contain proposed information collection
requirements subject to the Paperwork Reduction Act of 1995, Public Law
104-13.
List of Subjects in 5 CFR Part 185
Basis for civil penalties and assessments, Claims, Penalties,
Program fraud civil remedies.
Office of Personnel Management.
Stephen Hickman,
Federal Register Liaison.
For the reasons set forth in the preamble, amend part 185 of title
5 of the Code of Federal Regulations as follows:
PART 185--PROGRAM FRAUD CIVIL REMEDIES
0
1. The authority citation for part 185 continues to read:
Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812.
Sec. 185.103 [Amended]
0
2. In Sec. 185.103, amend paragraphs (a) introductory text and (f)(2)
by removing ``$12,537'' and adding ``$13,508'' in its place.
[FR Doc. 2023-01612 Filed 1-26-23; 8:45 am]
BILLING CODE 6325-48-P