Adjustment of Civil Monetary Penalties for Inflation, 5784-5787 [2023-01596]
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0062]
Security Zone; Potomac River and
Anacostia River, and Adjacent Waters;
Washington, DC
Coast Guard, DHS.
Notice of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a security zone along the Potomac River
and Anacostia River, and adjacent
waters at Washington, DC, for activities
associated with the U.S. President’s
State of the Union Address before a
Joint Session of Congress. The zone will
be enforced on February 7, 2023 through
the early morning hours on February 8,
2023. This action is necessary to protect
government officials, mitigate potential
terrorist acts and incidents, and enhance
public and maritime safety and security
immediately before, during, and after
this activity. During the enforcement
period, entry into or remaining within
the zone is prohibited unless authorized
by the Captain of the Port or his
designated representative.
DATES: The regulations in 33 CFR
165.508 will be enforced from 9 a.m. on
February 7, 2023, until 2 a.m. on
February 8, 2023, for the security zone
locations identified in 33 CFR
165.508(a)(6).
SUMMARY:
If
you have questions about this notice of
enforcement, call or email BM1 Tyler
Fink, U.S. Coast Guard Sector
Maryland-National Capital Region
(Waterways Management Division);
telephone 410–576–2519, email
Tyler.C.Fink@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce regulations in 33
CFR 165.508 for the zone locations
identified in paragraph (a)(6) from 9
a.m. on February 7, 2023, to 2 a.m. on
February 8, 2023. This action is being
taken to protect government officials,
mitigate potential terrorist acts and
incidents, and enhance public and
maritime safety and security
immediately before, during, and after
this event. Our regulations for the
Security Zone; Potomac River and
Anacostia River, and adjacent waters;
Washington, DC, § 165.508(a)(6),
specifies the location for this security
zone as an area that includes all
navigable waters described in
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FOR FURTHER INFORMATION CONTACT:
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paragraphs (a)(1) through (3), which
includes Zones 1, 2, and 3.
• Security Zone 1, paragraph (a)(1);
all navigable waters of the Potomac
River, from shoreline to shoreline,
bounded to the north by the Francis
Scott Key (US–29) Bridge, at mile 113,
and bounded to the south by a line
drawn from the Virginia shoreline at
Ronald Reagan Washington National
Airport, at 38°51′21.3″ N, 077°02′00.0″
W, eastward across the Potomac River to
the District of Columbia shoreline at
Hains Point at position 38°51′24.3″ N,
077°01′19.8″ W, including the waters of
the Boundary Channel, Pentagon
Lagoon, Georgetown Channel Tidal
Basin, and Roaches Run.
• Security Zone 2, paragraph (a)(2);
all navigable waters of the Anacostia
River, from shoreline to shoreline,
bounded to the north by the John Philip
Sousa (Pennsylvania Avenue) Bridge, at
mile 2.9, and bounded to the south by
a line drawn from the District of
Columbia shoreline at Hains Point at
position 38°51′24.3″ N, 077°01′19.8″ W,
southward across the Anacostia River to
the District of Columbia shoreline at
Giesboro Point at position 38°50′52.4″
N, 077°01′10.9″ W, including the waters
of the Washington Channel.
• Security Zone 3 paragraph (a)(3); all
navigable waters of the Potomac River,
from shoreline to shoreline, bounded to
the north by a line drawn from the
Virginia shoreline at Ronald Reagan
Washington National Airport, at
38°51′21.3″ N, 077°02′00.0″ W, eastward
across the Potomac River to the District
of Columbia shoreline at Hains Point at
position 38°51′24.3″ N, 077°01′19.8″ W,
thence southward across the Anacostia
River to the District of Columbia
shoreline at Giesboro Point at position
38°50′52.4″ N, 077°01′10.9″ W, and
bounded to the south by the Woodrow
Wilson Memorial (I–95/I–495) Bridge, at
mile 103.8.
During the enforcement period, as
specified in § 165.508(b), entry into or
remaining in these zones is prohibited
unless authorized by the Coast Guard
Captain of the Port Maryland-National
Capital Region. Public vessels and
vessels already at berth at the time the
security zone is implemented do not
have to depart the security zone. All
vessels underway within the security
zone at the time it is implemented are
to depart the zone at the time the
security zone is implemented. To seek
permission to transit the zone, the
Captain of the Port Maryland-National
Capital Region can be contacted at
telephone number (410) 576–2693 or on
Marine Band Radio, VHF–FM channel
16 (156.8 MHz). Coast Guard vessels
enforcing this zone can be contacted on
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Marine Band Radio, VHF–FM channel
16 (156.8 MHz). The Coast Guard may
be assisted by other Federal, state or
local law enforcement agencies in
enforcing this regulation. If the Captain
of the Port or his designated on-scene
patrol personnel determines the security
zone need not be enforced for the full
duration stated in this notice, a
Broadcast Notice to Mariners may be
used to suspend enforcement and grant
general permission to enter the security
zone.
In addition to this notice of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Local Notice to Mariners, and
marine information broadcasts.
David E. O’Connell,
Captain, U.S. Coast Guard,Captain of the Port
Maryland-National Capital Region.
[FR Doc. 2023–01706 Filed 1–27–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF EDUCATION
34 CFR Parts 36 and 668
RIN 1801–AA25
Adjustment of Civil Monetary Penalties
for Inflation
Department of Education.
Final regulations.
AGENCY:
ACTION:
The Department of Education
(Department) issues these final
regulations to adjust the Department’s
civil monetary penalties (CMPs) for
inflation. This adjustment is required by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (2015 Act), which amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Inflation
Adjustment Act). These final regulations
provide the 2023 annual inflation
adjustments being made to the penalty
amounts in the Department’s final
regulations published in the Federal
Register on April 20, 2022 (2022 final
rule).
SUMMARY:
These regulations are effective
January 30, 2023. The adjusted CMPs
established by these regulations are
applicable only to civil penalties
assessed after January 30, 2023, whose
associated violations occurred after
November 2, 2015.
FOR FURTHER INFORMATION CONTACT:
Rhondalyn Primes Okoroma, U.S.
Department of Education, Office of the
General Counsel, 400 Maryland Avenue
SW, Room 6C150, Washington, DC
20202–2241. Telephone: (202) 453–
DATES:
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations
a multiplier for 2023 of 1.07745, as
directed by the Office of Management
and Budget (OMB) Memorandum No.
M–23–05 issued on December 15, 2022.
6444. Email: rhondalyn.okoroma@
ed.gov.
If you are deaf, hard of hearing, or
have a speech disability and wish to
access telecommunications relay
services, please dial 7–1–1.
SUPPLEMENTARY INFORMATION:
The Department’s Civil Monetary
Penalties
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Background
A CMP is defined in the Inflation
Adjustment Act (28 U.S.C. 2461 note) as
any penalty, fine, or other sanction that
is (1) for a specific monetary amount as
provided by Federal law, or has a
maximum amount provided for by
Federal law; (2) assessed or enforced by
an agency pursuant to Federal law; and
(3) assessed or enforced pursuant to an
administrative proceeding or a civil
action in the Federal courts.
The Inflation Adjustment Act
provides for the regular evaluation of
CMPs to ensure that they continue to
maintain their deterrent value. The
Inflation Adjustment Act required that
each agency issue regulations to adjust
its CMPs beginning in 1996 and at least
every four years thereafter. The
Department published its most recent
cost adjustment to its CMPs in the
Federal Register on April 20, 2022 (87
FR 23450), and those adjustments
became effective on the date of
publication.
The 2015 Act (section 701 of Pub. L.
114–74) amended the Inflation
Adjustment Act to improve the
effectiveness of CMPs and to maintain
their deterrent effect.
The 2015 Act requires agencies to: (1)
adjust the level of CMPs with an initial
‘‘catch-up’’ adjustment through an
interim final rule (IFR); and (2) make
subsequent annual adjustments for
inflation. Catch-up adjustments are
based on the percentage change between
the Consumer Price Index for all Urban
Consumers (CPI–U) for the month of
October in the year the penalty was last
adjusted by a statute other than the
Inflation Adjustment Act, and the
October 2015 CPI–U. Annual inflation
adjustments are based on the percentage
change between the October CPI–U
preceding the date of each statutory
adjustment, and the prior year’s October
CPI–U.1 The Department published an
IFR with the initial ‘‘catch-up’’ penalty
adjustment amounts on August 1, 2016
(81 FR 50321).
In these final regulations, based on
the CPI–U for the month of October
2022, not seasonally adjusted, we are
annually adjusting each CMP amount by
1 If a statute that created a penalty is amended to
change the penalty amount, the Department does
not adjust the penalty in the year following the
adjustment.
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The following analysis calculates new
CMPs for penalty statutes in the order
in which they appear in 34 CFR 36.2.
The penalty amounts are being adjusted
up based on the multiplier of 1.07745
provided in OMB Memorandum No. M–
23–05.
Statute: 20 U.S.C. 1015(c)(5).
Current Regulations: The CMP for 20
U.S.C. 1015(c)(5) (section 131(c)(5) of
the Higher Education Act of 1965, as
amended (HEA)), as last set out in
statute in 1998 (Pub. L. 105–244, title I,
section 101(a), October 7, 1998, 112
Stat. 1602), is a fine of up to $25,000 for
failure by an institution of higher
education (IHE) to provide information
on the cost of higher education to the
Commissioner of Education Statistics. In
the 2022 final rule, we increased this
amount to $42,163.
New Regulations: The new penalty for
this section is $45,429.
Reason: Using the multiplier of
1.07745 from OMB Memorandum No.
M–23–05, the new penalty is calculated
as follows: $42,163 × 1.07745 =
$45,428.52, which makes the adjusted
penalty $45,429, when rounded to the
nearest dollar.
Statute: 20 U.S.C. 1022d(a)(3).
Current Regulations: The CMP for 20
U.S.C. 1022d(a)(3) (section 205(a)(3) of
the HEA), as last set out in statute in
2008 (Pub. L. 110–315, title II, section
201(2), August 14, 2008, 122 Stat. 3147),
is a fine of up to $27,500 for failure by
an IHE to provide information to the
State and the public regarding its
teacher-preparation programs. In the
2022 final rule, we increased this
amount to $35,119.
New Regulations: The new penalty for
this section is $37,839.
Reason: Using the multiplier of
1.07745 from OMB Memorandum No.
M–23–05, the new penalty is calculated
as follows: $35,119 × 1.07745 =
$37,838.96, which makes the adjusted
penalty $37,839, when rounded to the
nearest dollar.
Statute: 20 U.S.C. 1082(g).
Current Regulations: The CMP for 20
U.S.C. 1082(g) (section 432(g) of the
HEA), as last set out in statute in 1986
(Pub. L. 99–498, title IV, section 402(a),
October 17, 1986, 100 Stat. 1401), is a
fine of up to $25,000 for violations by
lenders and guaranty agencies of Title
IV of the HEA, which authorizes the
Federal Family Education Loan
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5785
Program. In the 2022 final rule, we
increased this amount to $62,689.
New Regulations: The new penalty for
this section is $67,544.
Reason: Using the multiplier of
1.07745 from OMB Memorandum No.
M–23–05, the new penalty is calculated
as follows: $62,689 × 1.07745 =
$67,544.26, which makes the adjusted
penalty $67,544, when rounded to the
nearest dollar.
Statute: 20 U.S.C. 1094(c)(3)(B).
Current Regulations: The CMP for 20
U.S.C. 1094(c)(3)(B) (section 487(c)(3)(B)
of the HEA), as set out in statute in 1986
(Pub. L. 99–498, title IV, section 407(a),
October 17, 1986, 100 Stat. 1488), is a
fine of up to $25,000 for an IHE’s
violation of title IV of the HEA or its
implementing regulations. Title IV
authorizes various programs of student
financial assistance. In the 2022 final
rule, we increased this amount to
$62,689.
New Regulations: The new penalty for
this section is $67,544.
Reason: Using the multiplier of
1.07745 from OMB Memorandum No.
M–23–05, the new penalty is calculated
as follows: $62,689 × 1.07745 =
$67,544.26, which makes the adjusted
penalty $67,544, when rounded to the
nearest dollar.
Statute: 20 U.S.C. 1228c(c)(2)(E).
Current Regulations: The CMP for 20
U.S.C. 1228c(c)(2)(E) (section 429 of the
General Education Provisions Act), as
set out in statute in 1994 (Pub. L. 103–
382, title II, section 238, October 20,
1994, 108 Stat. 3918), is a fine of up to
$1,000 for an educational organization’s
failure to disclose certain information to
minor students and their parents. In the
2022 final rule, we increased this
amount to $1,850.
New Regulations: The new penalty for
this section is $1,993.
Reason: Using the multiplier of
1.07745 from OMB Memorandum No.
M–23–05, the new penalty is calculated
as follows: $1,850 × 1.07745 =
$1,993.28, which makes the adjusted
penalty $1,993, when rounded to the
nearest dollar.
Statute: 31 U.S.C. 1352(c)(1) and
(c)(2)(A).
Current Regulations: The CMPs for 31
U.S.C. 1352(c)(1) and (c)(2)(A), as set
out in statute in 1989 (Pub. L. 101–121,
title III, section 319(a)(1), October 23,
1989, 103 Stat. 750), are a fine of
$10,000 to $100,000 for recipients of
Government grants, contracts, etc. that
improperly lobby Congress or the
executive branch with respect to the
award of Government grants and
contracts. In the 2022 final rule, we
increased these amounts to $22,021 to
$220,213.
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations
New Regulations: The new penalties
for these sections are $23,727 to
$237,268.
Reason: Using the multiplier of
1.07745 from OMB Memorandum No.
M–23–05, the new minimum penalty is
calculated as follows: $22,021 × 1.07745
= $23,726.52, which makes the adjusted
penalty $23,727, when rounded to the
nearest dollar. The new maximum
penalty is calculated as follows:
$220,213 × 1.07745 = $237,268.49,
which makes the adjusted penalty
$237,268, when rounded to the nearest
dollar.
Statute: 31 U.S.C. 3802(a)(1) and
(a)(2).
Current Regulations: The CMPs for 31
U.S.C. 3802(a)(1) and (a)(2), as set out in
statute in 1986 (Pub. L. 99–509, title VI,
section 6103(a), Oct. 21, 1986, 100 Stat.
1937), are a fine of up to $5,000 for false
claims and statements made to the
Government. In the 2022 final rule, we
increased this amount to $12,537.
New Regulations: The new penalty for
this section is $13,508.
Reason: Using the multiplier of
1.07745 from OMB Memorandum No.
M–23–05, the new penalty is calculated
as follows: $12,537 × 1.07745 =
$13,507.99, which makes the adjusted
penalty $13,508 when rounded to the
nearest dollar.
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Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, it must
be determined whether this regulatory
action is ‘‘significant’’ and, therefore,
subject to the requirements of the
Executive order and subject to review by
the Office of Management and Budget
(OMB). Section 3(f) of Executive Order
12866 defines a ‘‘significant regulatory
action’’ as an action likely to result in
a rule that may—
(1) Have an annual effect on the
economy of $100 million or more, or
adversely affect a sector of the economy,
productivity, competition, jobs, the
environment, public health or safety, or
State, local, or Tribal governments or
communities in a material way (also
referred to as ‘‘economically significant’’
rule);
(2) Create serious inconsistency or
otherwise interfere with an action taken
or planned by another agency;
(3) Materially alter the budgetary
impacts of entitlement grants, user fees,
or loan programs or the rights and
obligations of recipients thereof; or
(4) Raise novel legal or policy issues
arising out of legal mandates, the
President’s priorities, or the principles
stated in the Executive order.
We have determined that these final
regulations: (1) exclusively implement
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the annual adjustment; (2) are consistent
with OMB Memorandum No. M–23–05;
and (3) have an annual impact of less
than $100 million. Therefore, based on
OMB Memorandum No. M–23–05, this
is not a significant regulatory action
subject to review by OMB under section
3(f) of Executive Order 12866.
We have also reviewed these
regulations under Executive Order
13563, which supplements and
explicitly reaffirms the principles,
structures, and definitions governing
regulatory review established in
Executive Order 12866. To the extent
permitted by law, Executive Order
13563 requires that an agency—
(1) Propose or adopt regulations only
upon a reasoned determination that
their benefits justify their costs
(recognizing that some benefits and
costs are difficult to quantify);
(2) Tailor its regulations to impose the
least burden on society, consistent with
obtaining regulatory objectives and
taking into account, among other things,
and to the extent practicable, the costs
of cumulative regulations;
(3) In choosing among alternative
regulatory approaches, select those
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety,
and other advantages; distributive
impacts; and equity);
(4) To the extent feasible, specify
performance objectives, rather than the
behavior or manner of compliance a
regulated entity must adopt; and
(5) Identify and assess available
alternatives to direct regulation,
including economic incentives—such as
user fees or marketable permits—to
encourage the desired behavior, or
providing information that enables the
public to make choices.
Executive Order 13563 also requires
an agency ‘‘to use the best available
techniques to quantify anticipated
present and future benefits and costs as
accurately as possible.’’ The Office of
Information and Regulatory Affairs of
OMB has emphasized that these
techniques may include ‘‘identifying
changing future compliance costs that
might result from technological
innovation or anticipated behavioral
changes.’’
We are issuing these final regulations
as required by statute and in accordance
with OMB Memorandum No. M–23–05.
The Secretary has no discretion to
consider alternative approaches as
delineated in the Executive order. Based
on this analysis and the reasons stated
in the preamble, the Department
believes that these final regulations are
consistent with the principles in
Executive Order 13563.
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Waiver of Rulemaking and Delayed
Effective Date
Under the Administrative Procedure
Act (APA) (5 U.S.C. 553), the
Department generally offers interested
parties the opportunity to comment on
proposed regulations. However, section
4(b)(2) of the 2015 Act (28 U.S.C. 2461
note) provides that the Secretary can
adjust these 2023 penalty amounts
notwithstanding the requirements of 5
U.S.C. 553. Therefore, the requirements
of 5 U.S.C. 553 for notice and comment
and delaying the effective date of a final
rule do not apply here.
Regulatory Flexibility Act Certification
Pursuant to 5 U.S.C. 601(2), the
Regulatory Flexibility Act applies only
to rules for which an agency publishes
a general notice of proposed
rulemaking. The Regulatory Flexibility
Act does not apply to this rulemaking
because section 4(b)(2) of the 2015 Act
(28 U.S.C. 2461 note) provides that the
Secretary can adjust these 2023 penalty
amounts without publishing a general
notice of proposed rulemaking.
Paperwork Reduction Act of 1995
These regulations do not contain any
information collection requirements.
Intergovernmental Review
This program is not subject to
Executive Order 12372 and the
regulations in 34 CFR part 79.
Assessment of Educational Impact
Based on our own review, we have
determined that these regulations do not
require transmission of information that
any other agency or authority of the
United States gathers or makes
available.
Accessible Format: On request to the
program contact person listed under FOR
FURTHER INFORMATION CONTACT,
individuals with disabilities can obtain
this document in an accessible format.
The Department will provide the
requestor with an accessible format that
may include Rich Text Format (RTF) or
text format (txt), a thumb drive, an MP3
file, braille, large print, audiotape, or
compact disc, or other accessible format.
Electronic Access to This Document:
The official version of this document is
the document published in the Federal
Register. You may access the official
edition of the Federal Register and the
Code of Federal Regulations at
www.govinfo.gov. At this site you can
view this document, as well as all other
documents of this Department
published in the Federal Register, in
text or Portable Document Format
(PDF). To use PDF you must have
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Federal Register / Vol. 88, No. 19 / Monday, January 30, 2023 / Rules and Regulations
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available free at the site.
You may also access documents of the
Department published in the Federal
Register by using the article search
feature at www.federalregister.gov.
Specifically, through the advanced
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the Department.
List of Subjects
34 CFR Part 36
Claims, Fraud, Penalties.
34 CFR Part 668
Administrative practice and
procedure, Aliens, Colleges and
universities, Consumer protection,
Grant programs—education, Loan
programs—education, Reporting and
recordkeeping requirements, Selective
Service System, Student aid, Vocational
education.
■
Miguel Cardona,
Secretary of Education.
■
For the reasons discussed in the
preamble, the Secretary amends parts 36
and 668 of title 34 of the Code of
Federal Regulations as follows:
§ 36.2
5787
PART 36—ADJUSTMENT OF CIVIL
MONETARY PENALTIES FOR
INFLATION
1. The authority citation for part 36
continues to read as follows:
Authority: 20 U.S.C. 1221e–3 and 3474; 28
U.S.C. 2461 note, as amended by § 701 of
Pub. Law 114–74, unless otherwise noted.
2. Section 36.2 is amended by revising
the table to the section to read as
follows:
*
Penalty adjustment.
*
*
*
*
TABLE 1 TO § 36.2—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS
Description
20 U.S.C. 1015(c)(5) (section 131(c)(5) of
the Higher Education Act of 1965
(HEA)).
20 U.S.C. 1022d(a)(3) (section 205(a)(3)
of the HEA).
Provides for a fine, as set by Congress in 1998, of up to $25,000 for failure by an
institution of higher education (IHE) to provide information on the cost of higher
education to the Commissioner of Education Statistics.
Provides for a fine, as set by Congress in 2008, of up to $27,500 for failure by an
IHE to provide information to the State and the public regarding its teacherpreparation programs.
Provides for a civil penalty, as set by Congress in 1986, of up to $25,000 for violations by lenders and guaranty agencies of title IV of the HEA, which authorizes
the Federal Family Education Loan Program.
Provides for a civil penalty, as set by Congress in 1986, of up to $25,000 for an
IHE’s violation of title IV of the HEA, which authorizes various programs of student financial assistance.
Provides for a civil penalty, as set by Congress in 1994, of up to $1,000 for an
educational organization’s failure to disclose certain information to minor students and their parents.
Provides for a civil penalty, as set by Congress in 1989, of $10,000 to $100,000
for recipients of Government grants, contracts, etc. that improperly lobby Congress or the executive branch with respect to the award of Government grants
and contracts.
Provides for a civil penalty, as set by Congress in 1986, of up to $5,000 for false
claims and statements made to the Government.
20 U.S.C. 1082(g) (section 432(g) of the
HEA).
20 U.S.C. 1094(c)(3)(B) (section
487(c)(3)(B) of the HEA).
20 U.S.C. 1228c(c)(2)(E) (section 429 of
the General Education Provisions Act).
31 U.S.C. 1352(c)(1) and (c)(2)(A) ...........
31 U.S.C. 3802(a)(1) and (a)(2) ...............
PART 668—STUDENT ASSISTANCE
GENERAL PROVISIONS
ENVIRONMENTAL PROTECTION
AGENCY
3. The authority citation for part 668
continues to read in part as follows:
40 CFR Parts 52 and 81
■
Authority: 20 U.S.C. 1001–1003, 1070g,
1085, 1088, 1091, 1092, 1094, 1099c, 1099c–
1, 1221–3, and 1231a, unless otherwise
noted.
*
*
§ 668.84
*
*
*
[Amended]
4. Section 668.84 is amended in
paragraph (a)(1) introductory text by
removing the number ‘‘$62,689’’ and
adding, in its place, the number
‘‘$67,544’’.
■
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New maximum
(and minimum,
if applicable)
penalty amount
Statute
[FR Doc. 2023–01596 Filed 1–27–23; 8:45 am]
BILLING CODE 4000–01–P
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[EPA–R05–OAR–2021–0949; FRL–9532–03–
R5]
Air Plan Approval; Ohio;
Redesignation of the Ohio portion of
the Cincinnati, Ohio-Kentucky Area to
Attainment of the 2015 Ozone
Standard; Correction
Environmental Protection
Agency (EPA).
ACTION: Final rule; correction.
AGENCY:
This action corrects an error
in a table posted in the June 9, 2022,
rule redesignating the Ohio portion of
the Cincinnati, Ohio-Kentucky area to
attainment of the 2015 ozone National
Ambient Air Quality Standard
(NAAQS). The table contained motor
SUMMARY:
PO 00000
Frm 00067
Fmt 4700
Sfmt 4700
$45,429
37,839
67,544
67,544
1,993
23,727 to
237,268
13,508
vehicle emissions budgets (Budgets) for
volatile organic compounds (VOC) and
oxides of nitrogen (NOX) for the Ohio
portion of the Cincinnati OH–KY area.
The Budgets table in that action
conflicts with the Budgets submitted by
Ohio and set forth in the proposed rule.
Therefore, EPA is correcting the
erroneous table.
This correction is effective on
January 30, 2023.
DATES:
EPA has established a
docket for this action under Docket ID
No. EPA–R05–OAR–2021–0949. All
documents in the docket are listed on
the www.regulations.gov website.
Although listed in the index, some
information is not publicly available,
i.e., Confidential Business Information
(CBI) or other information whose
disclosure is restricted by statute.
Certain other material, such as
copyrighted material, is not placed on
ADDRESSES:
E:\FR\FM\30JAR1.SGM
30JAR1
]]>Agencies
[Federal Register Volume 88, Number 19 (Monday, January 30, 2023)]
[Rules and Regulations]
[Pages 5784-5787]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-01596]
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DEPARTMENT OF EDUCATION
34 CFR Parts 36 and 668
RIN 1801-AA25
Adjustment of Civil Monetary Penalties for Inflation
AGENCY: Department of Education.
ACTION: Final regulations.
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SUMMARY: The Department of Education (Department) issues these final
regulations to adjust the Department's civil monetary penalties (CMPs)
for inflation. This adjustment is required by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act),
which amended the Federal Civil Penalties Inflation Adjustment Act of
1990 (Inflation Adjustment Act). These final regulations provide the
2023 annual inflation adjustments being made to the penalty amounts in
the Department's final regulations published in the Federal Register on
April 20, 2022 (2022 final rule).
DATES: These regulations are effective January 30, 2023. The adjusted
CMPs established by these regulations are applicable only to civil
penalties assessed after January 30, 2023, whose associated violations
occurred after November 2, 2015.
FOR FURTHER INFORMATION CONTACT: Rhondalyn Primes Okoroma, U.S.
Department of Education, Office of the General Counsel, 400 Maryland
Avenue SW, Room 6C150, Washington, DC 20202-2241. Telephone: (202) 453-
[[Page 5785]]
6444. Email: [email protected].
If you are deaf, hard of hearing, or have a speech disability and
wish to access telecommunications relay services, please dial 7-1-1.
SUPPLEMENTARY INFORMATION:
Background
A CMP is defined in the Inflation Adjustment Act (28 U.S.C. 2461
note) as any penalty, fine, or other sanction that is (1) for a
specific monetary amount as provided by Federal law, or has a maximum
amount provided for by Federal law; (2) assessed or enforced by an
agency pursuant to Federal law; and (3) assessed or enforced pursuant
to an administrative proceeding or a civil action in the Federal
courts.
The Inflation Adjustment Act provides for the regular evaluation of
CMPs to ensure that they continue to maintain their deterrent value.
The Inflation Adjustment Act required that each agency issue
regulations to adjust its CMPs beginning in 1996 and at least every
four years thereafter. The Department published its most recent cost
adjustment to its CMPs in the Federal Register on April 20, 2022 (87 FR
23450), and those adjustments became effective on the date of
publication.
The 2015 Act (section 701 of Pub. L. 114-74) amended the Inflation
Adjustment Act to improve the effectiveness of CMPs and to maintain
their deterrent effect.
The 2015 Act requires agencies to: (1) adjust the level of CMPs
with an initial ``catch-up'' adjustment through an interim final rule
(IFR); and (2) make subsequent annual adjustments for inflation. Catch-
up adjustments are based on the percentage change between the Consumer
Price Index for all Urban Consumers (CPI-U) for the month of October in
the year the penalty was last adjusted by a statute other than the
Inflation Adjustment Act, and the October 2015 CPI-U. Annual inflation
adjustments are based on the percentage change between the October CPI-
U preceding the date of each statutory adjustment, and the prior year's
October CPI-U.\1\ The Department published an IFR with the initial
``catch-up'' penalty adjustment amounts on August 1, 2016 (81 FR
50321).
---------------------------------------------------------------------------
\1\ If a statute that created a penalty is amended to change the
penalty amount, the Department does not adjust the penalty in the
year following the adjustment.
---------------------------------------------------------------------------
In these final regulations, based on the CPI-U for the month of
October 2022, not seasonally adjusted, we are annually adjusting each
CMP amount by a multiplier for 2023 of 1.07745, as directed by the
Office of Management and Budget (OMB) Memorandum No. M-23-05 issued on
December 15, 2022.
The Department's Civil Monetary Penalties
The following analysis calculates new CMPs for penalty statutes in
the order in which they appear in 34 CFR 36.2. The penalty amounts are
being adjusted up based on the multiplier of 1.07745 provided in OMB
Memorandum No. M-23-05.
Statute: 20 U.S.C. 1015(c)(5).
Current Regulations: The CMP for 20 U.S.C. 1015(c)(5) (section
131(c)(5) of the Higher Education Act of 1965, as amended (HEA)), as
last set out in statute in 1998 (Pub. L. 105-244, title I, section
101(a), October 7, 1998, 112 Stat. 1602), is a fine of up to $25,000
for failure by an institution of higher education (IHE) to provide
information on the cost of higher education to the Commissioner of
Education Statistics. In the 2022 final rule, we increased this amount
to $42,163.
New Regulations: The new penalty for this section is $45,429.
Reason: Using the multiplier of 1.07745 from OMB Memorandum No. M-
23-05, the new penalty is calculated as follows: $42,163 x 1.07745 =
$45,428.52, which makes the adjusted penalty $45,429, when rounded to
the nearest dollar.
Statute: 20 U.S.C. 1022d(a)(3).
Current Regulations: The CMP for 20 U.S.C. 1022d(a)(3) (section
205(a)(3) of the HEA), as last set out in statute in 2008 (Pub. L. 110-
315, title II, section 201(2), August 14, 2008, 122 Stat. 3147), is a
fine of up to $27,500 for failure by an IHE to provide information to
the State and the public regarding its teacher-preparation programs. In
the 2022 final rule, we increased this amount to $35,119.
New Regulations: The new penalty for this section is $37,839.
Reason: Using the multiplier of 1.07745 from OMB Memorandum No. M-
23-05, the new penalty is calculated as follows: $35,119 x 1.07745 =
$37,838.96, which makes the adjusted penalty $37,839, when rounded to
the nearest dollar.
Statute: 20 U.S.C. 1082(g).
Current Regulations: The CMP for 20 U.S.C. 1082(g) (section 432(g)
of the HEA), as last set out in statute in 1986 (Pub. L. 99-498, title
IV, section 402(a), October 17, 1986, 100 Stat. 1401), is a fine of up
to $25,000 for violations by lenders and guaranty agencies of Title IV
of the HEA, which authorizes the Federal Family Education Loan Program.
In the 2022 final rule, we increased this amount to $62,689.
New Regulations: The new penalty for this section is $67,544.
Reason: Using the multiplier of 1.07745 from OMB Memorandum No. M-
23-05, the new penalty is calculated as follows: $62,689 x 1.07745 =
$67,544.26, which makes the adjusted penalty $67,544, when rounded to
the nearest dollar.
Statute: 20 U.S.C. 1094(c)(3)(B).
Current Regulations: The CMP for 20 U.S.C. 1094(c)(3)(B) (section
487(c)(3)(B) of the HEA), as set out in statute in 1986 (Pub. L. 99-
498, title IV, section 407(a), October 17, 1986, 100 Stat. 1488), is a
fine of up to $25,000 for an IHE's violation of title IV of the HEA or
its implementing regulations. Title IV authorizes various programs of
student financial assistance. In the 2022 final rule, we increased this
amount to $62,689.
New Regulations: The new penalty for this section is $67,544.
Reason: Using the multiplier of 1.07745 from OMB Memorandum No. M-
23-05, the new penalty is calculated as follows: $62,689 x 1.07745 =
$67,544.26, which makes the adjusted penalty $67,544, when rounded to
the nearest dollar.
Statute: 20 U.S.C. 1228c(c)(2)(E).
Current Regulations: The CMP for 20 U.S.C. 1228c(c)(2)(E) (section
429 of the General Education Provisions Act), as set out in statute in
1994 (Pub. L. 103-382, title II, section 238, October 20, 1994, 108
Stat. 3918), is a fine of up to $1,000 for an educational
organization's failure to disclose certain information to minor
students and their parents. In the 2022 final rule, we increased this
amount to $1,850.
New Regulations: The new penalty for this section is $1,993.
Reason: Using the multiplier of 1.07745 from OMB Memorandum No. M-
23-05, the new penalty is calculated as follows: $1,850 x 1.07745 =
$1,993.28, which makes the adjusted penalty $1,993, when rounded to the
nearest dollar.
Statute: 31 U.S.C. 1352(c)(1) and (c)(2)(A).
Current Regulations: The CMPs for 31 U.S.C. 1352(c)(1) and
(c)(2)(A), as set out in statute in 1989 (Pub. L. 101-121, title III,
section 319(a)(1), October 23, 1989, 103 Stat. 750), are a fine of
$10,000 to $100,000 for recipients of Government grants, contracts,
etc. that improperly lobby Congress or the executive branch with
respect to the award of Government grants and contracts. In the 2022
final rule, we increased these amounts to $22,021 to $220,213.
[[Page 5786]]
New Regulations: The new penalties for these sections are $23,727
to $237,268.
Reason: Using the multiplier of 1.07745 from OMB Memorandum No. M-
23-05, the new minimum penalty is calculated as follows: $22,021 x
1.07745 = $23,726.52, which makes the adjusted penalty $23,727, when
rounded to the nearest dollar. The new maximum penalty is calculated as
follows: $220,213 x 1.07745 = $237,268.49, which makes the adjusted
penalty $237,268, when rounded to the nearest dollar.
Statute: 31 U.S.C. 3802(a)(1) and (a)(2).
Current Regulations: The CMPs for 31 U.S.C. 3802(a)(1) and (a)(2),
as set out in statute in 1986 (Pub. L. 99-509, title VI, section
6103(a), Oct. 21, 1986, 100 Stat. 1937), are a fine of up to $5,000 for
false claims and statements made to the Government. In the 2022 final
rule, we increased this amount to $12,537.
New Regulations: The new penalty for this section is $13,508.
Reason: Using the multiplier of 1.07745 from OMB Memorandum No. M-
23-05, the new penalty is calculated as follows: $12,537 x 1.07745 =
$13,507.99, which makes the adjusted penalty $13,508 when rounded to
the nearest dollar.
Executive Orders 12866 and 13563
Regulatory Impact Analysis
Under Executive Order 12866, it must be determined whether this
regulatory action is ``significant'' and, therefore, subject to the
requirements of the Executive order and subject to review by the Office
of Management and Budget (OMB). Section 3(f) of Executive Order 12866
defines a ``significant regulatory action'' as an action likely to
result in a rule that may--
(1) Have an annual effect on the economy of $100 million or more,
or adversely affect a sector of the economy, productivity, competition,
jobs, the environment, public health or safety, or State, local, or
Tribal governments or communities in a material way (also referred to
as ``economically significant'' rule);
(2) Create serious inconsistency or otherwise interfere with an
action taken or planned by another agency;
(3) Materially alter the budgetary impacts of entitlement grants,
user fees, or loan programs or the rights and obligations of recipients
thereof; or
(4) Raise novel legal or policy issues arising out of legal
mandates, the President's priorities, or the principles stated in the
Executive order.
We have determined that these final regulations: (1) exclusively
implement the annual adjustment; (2) are consistent with OMB Memorandum
No. M-23-05; and (3) have an annual impact of less than $100 million.
Therefore, based on OMB Memorandum No. M-23-05, this is not a
significant regulatory action subject to review by OMB under section
3(f) of Executive Order 12866.
We have also reviewed these regulations under Executive Order
13563, which supplements and explicitly reaffirms the principles,
structures, and definitions governing regulatory review established in
Executive Order 12866. To the extent permitted by law, Executive Order
13563 requires that an agency--
(1) Propose or adopt regulations only upon a reasoned determination
that their benefits justify their costs (recognizing that some benefits
and costs are difficult to quantify);
(2) Tailor its regulations to impose the least burden on society,
consistent with obtaining regulatory objectives and taking into
account, among other things, and to the extent practicable, the costs
of cumulative regulations;
(3) In choosing among alternative regulatory approaches, select
those approaches that maximize net benefits (including potential
economic, environmental, public health and safety, and other
advantages; distributive impacts; and equity);
(4) To the extent feasible, specify performance objectives, rather
than the behavior or manner of compliance a regulated entity must
adopt; and
(5) Identify and assess available alternatives to direct
regulation, including economic incentives--such as user fees or
marketable permits--to encourage the desired behavior, or providing
information that enables the public to make choices.
Executive Order 13563 also requires an agency ``to use the best
available techniques to quantify anticipated present and future
benefits and costs as accurately as possible.'' The Office of
Information and Regulatory Affairs of OMB has emphasized that these
techniques may include ``identifying changing future compliance costs
that might result from technological innovation or anticipated
behavioral changes.''
We are issuing these final regulations as required by statute and
in accordance with OMB Memorandum No. M-23-05. The Secretary has no
discretion to consider alternative approaches as delineated in the
Executive order. Based on this analysis and the reasons stated in the
preamble, the Department believes that these final regulations are
consistent with the principles in Executive Order 13563.
Waiver of Rulemaking and Delayed Effective Date
Under the Administrative Procedure Act (APA) (5 U.S.C. 553), the
Department generally offers interested parties the opportunity to
comment on proposed regulations. However, section 4(b)(2) of the 2015
Act (28 U.S.C. 2461 note) provides that the Secretary can adjust these
2023 penalty amounts notwithstanding the requirements of 5 U.S.C. 553.
Therefore, the requirements of 5 U.S.C. 553 for notice and comment and
delaying the effective date of a final rule do not apply here.
Regulatory Flexibility Act Certification
Pursuant to 5 U.S.C. 601(2), the Regulatory Flexibility Act applies
only to rules for which an agency publishes a general notice of
proposed rulemaking. The Regulatory Flexibility Act does not apply to
this rulemaking because section 4(b)(2) of the 2015 Act (28 U.S.C. 2461
note) provides that the Secretary can adjust these 2023 penalty amounts
without publishing a general notice of proposed rulemaking.
Paperwork Reduction Act of 1995
These regulations do not contain any information collection
requirements.
Intergovernmental Review
This program is not subject to Executive Order 12372 and the
regulations in 34 CFR part 79.
Assessment of Educational Impact
Based on our own review, we have determined that these regulations
do not require transmission of information that any other agency or
authority of the United States gathers or makes available.
Accessible Format: On request to the program contact person listed
under FOR FURTHER INFORMATION CONTACT, individuals with disabilities
can obtain this document in an accessible format. The Department will
provide the requestor with an accessible format that may include Rich
Text Format (RTF) or text format (txt), a thumb drive, an MP3 file,
braille, large print, audiotape, or compact disc, or other accessible
format.
Electronic Access to This Document: The official version of this
document is the document published in the Federal Register. You may
access the official edition of the Federal Register and the Code of
Federal Regulations at www.govinfo.gov. At this site you can view this
document, as well as all other documents of this Department published
in the Federal Register, in text or Portable Document Format (PDF). To
use PDF you must have
[[Page 5787]]
Adobe Acrobat Reader, which is available free at the site.
You may also access documents of the Department published in the
Federal Register by using the article search feature at
www.federalregister.gov. Specifically, through the advanced search
feature at this site, you can limit your search to documents published
by the Department.
List of Subjects
34 CFR Part 36
Claims, Fraud, Penalties.
34 CFR Part 668
Administrative practice and procedure, Aliens, Colleges and
universities, Consumer protection, Grant programs--education, Loan
programs--education, Reporting and recordkeeping requirements,
Selective Service System, Student aid, Vocational education.
Miguel Cardona,
Secretary of Education.
For the reasons discussed in the preamble, the Secretary amends
parts 36 and 668 of title 34 of the Code of Federal Regulations as
follows:
PART 36--ADJUSTMENT OF CIVIL MONETARY PENALTIES FOR INFLATION
0
1. The authority citation for part 36 continues to read as follows:
Authority: 20 U.S.C. 1221e-3 and 3474; 28 U.S.C. 2461 note, as
amended by Sec. 701 of Pub. Law 114-74, unless otherwise noted.
0
2. Section 36.2 is amended by revising the table to the section to read
as follows:
Sec. 36.2 Penalty adjustment.
* * * * *
Table 1 to Sec. 36.2--Civil Monetary Penalty Inflation Adjustments
----------------------------------------------------------------------------------------------------------------
New maximum
(and minimum,
Statute Description if applicable)
penalty amount
----------------------------------------------------------------------------------------------------------------
20 U.S.C. 1015(c)(5) (section 131(c)(5) of Provides for a fine, as set by Congress in 1998, $45,429
the Higher Education Act of 1965 (HEA)). of up to $25,000 for failure by an institution
of higher education (IHE) to provide information
on the cost of higher education to the
Commissioner of Education Statistics.
20 U.S.C. 1022d(a)(3) (section 205(a)(3) of Provides for a fine, as set by Congress in 2008, 37,839
the HEA). of up to $27,500 for failure by an IHE to
provide information to the State and the public
regarding its teacher-preparation programs.
20 U.S.C. 1082(g) (section 432(g) of the Provides for a civil penalty, as set by Congress 67,544
HEA). in 1986, of up to $25,000 for violations by
lenders and guaranty agencies of title IV of the
HEA, which authorizes the Federal Family
Education Loan Program.
20 U.S.C. 1094(c)(3)(B) (section Provides for a civil penalty, as set by Congress 67,544
487(c)(3)(B) of the HEA). in 1986, of up to $25,000 for an IHE's violation
of title IV of the HEA, which authorizes various
programs of student financial assistance.
20 U.S.C. 1228c(c)(2)(E) (section 429 of the Provides for a civil penalty, as set by Congress 1,993
General Education Provisions Act). in 1994, of up to $1,000 for an educational
organization's failure to disclose certain
information to minor students and their parents.
31 U.S.C. 1352(c)(1) and (c)(2)(A).......... Provides for a civil penalty, as set by Congress 23,727 to
in 1989, of $10,000 to $100,000 for recipients 237,268
of Government grants, contracts, etc. that
improperly lobby Congress or the executive
branch with respect to the award of Government
grants and contracts.
31 U.S.C. 3802(a)(1) and (a)(2)............. Provides for a civil penalty, as set by Congress 13,508
in 1986, of up to $5,000 for false claims and
statements made to the Government.
----------------------------------------------------------------------------------------------------------------
PART 668--STUDENT ASSISTANCE GENERAL PROVISIONS
0
3. The authority citation for part 668 continues to read in part as
follows:
Authority: 20 U.S.C. 1001-1003, 1070g, 1085, 1088, 1091, 1092,
1094, 1099c, 1099c-1, 1221-3, and 1231a, unless otherwise noted.
* * * * *
Sec. 668.84 [Amended]
0
4. Section 668.84 is amended in paragraph (a)(1) introductory text by
removing the number ``$62,689'' and adding, in its place, the number
``$67,544''.
[FR Doc. 2023-01596 Filed 1-27-23; 8:45 am]
BILLING CODE 4000-01-P
