Inflation Adjustment of Civil Monetary Penalties, 16885-16887 [2023-05769]

Download as PDF Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Rules and Regulations In accordance with developmental step (9), MEOSH transitioned to the OIS. This developmental step was completed in September 2015 and is approved by the Assistant Secretary as of today’s notice. In accordance with developmental step (10), MEOSH determined, in conjunction with Federal OSHA, that adoption of OSHA’s maritime standards at 29 CFR parts 1915, 1917, and 1918 was not required based on the type of work performed in Maine’s state and local government agencies. This determination is approved by the Assistant Secretary as of today’s notice. V. Decision A. Approval of Plan Supplements After careful review, opportunity for state correction, and subsequent revision, the plan supplements constituting a revised Maine State Plan for State and Local Government Employees and its components described above are found to be in substantial conformance with comparable Federal provisions and the requirements of 29 CFR part 1956 and are hereby approved under 29 CFR part 1953 as providing a revised State Plan for the development and enforcement of standards which is ‘‘at least as effective as’’ the Federal program, as required by section 18 of the OSH Act and 29 CFR part 1956. The right to reconsider this approval of the revised State Plan supplements is reserved should substantial objections or other information regarding any change to components of the Plan become available to the Assistant Secretary. ddrumheller on DSK120RN23PROD with RULES1 B. Certification With the approval of a revised State Plan as noted above, all developmental steps have now been successfully completed, documented, and approved. In accordance with 29 CFR 1956.23, the Maine State Plan for State and Local Government Employees is certified as having successfully completed all developmental steps. This certification attests to the structural completeness of the State Plan and that it has all the necessary authorities and procedures to provide ‘‘at least as effective’’ standards, enforcement, and compliance assistance to the employees of the State of Maine and its political subdivisions. This action renders no judgment as to the effectiveness of the State Plan in actual operations. Employees are available on the State Plan’s website or upon request. Contact the Regional Administrator, U.S. Department of Labor, Occupational Safety and Health Administration, 25 New Sudbury Street, Room E–340, Boston, Massachusetts 02203. Components of the Maine State Plan, including the MEOSH FOM, recordkeeping regulations and instructions, complaint forms, and other program information are posted on the MEOSH website at: https:// www.maine.gov/labor/workplace_ safety/publicsector.shtml. MEOSH is administered by the Maine Department of Labor, Bureau of Labor Standards, Workplace Safety and Health Division. To obtain more information, visit https://www.maine.gov/labor/bls/, call (207) 623–7900, or email mdol@ maine.gov. Information on MEOSH laws and regulations can be found at: https:// www.maine.gov/labor/workplace_ safety/publicsector.shtml. The state Administrative Procedure Act can be found at: https:// legislature.maine.gov/statutes/5/title5ch 375sec0.html. Electronic copies of this Federal Register Notice and the related press release are available on OSHA’s website at: https://www.osha.gov. More information on the Maine State Plan can be found on OSHA’s Office of State Programs website at: https:// www.osha.gov/stateplans/me. Authority and Signature Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health, U.S. Department of Labor, 200 Constitution Avenue NW, Washington, DC 20001 authorized the preparation of this document under the authority specified by section 18 of the Occupational Safety and Health Act of 1970 (29 U.S.C. 667), Secretary of Labor’s Order No. 8–2020 (85 FR 58393 (Sept. 18, 2020)), and 29 CFR part 1956. Signed in Washington, DC, March 15, 2023. Douglas L. Parker, Assistant Secretary of Labor for Occupational Safety and Health. [FR Doc. 2023–05724 Filed 3–20–23; 8:45 am] BILLING CODE 4510–26–P VI. Location of Basic State Plan Documentation Copies of the revised Maine State Plan for State and Local Government VerDate Sep<11>2014 16:41 Mar 20, 2023 Jkt 259001 PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 16885 DEPARTMENT OF THE TREASURY Office of the Secretary of the Treasury 31 CFR Parts 16, 27, and 50 Inflation Adjustment of Civil Monetary Penalties Departmental Offices Treasury. Final rule. AGENCY: ACTION: The Department of the Treasury (‘‘Department’’ or ‘‘Treasury’’) publishes this final rule to adjust its civil monetary penalties (‘‘CMPs’’) for inflation as mandated by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (collectively referred to herein as ‘‘the Act’’). This rule adjusts CMPs within the jurisdiction of two components of Departmental Offices for 2022 and 2023. DATES: This rule is effective March 21, 2023. FOR FURTHER INFORMATION CONTACT: For information regarding the Terrorism Risk Insurance Program’s CMPs, contact Richard Ifft, Senior Insurance Regulatory Policy Analyst, Federal Insurance Office, Room 1410 MT, Department of the Treasury, 1500 Pennsylvania Avenue NW, Washington, DC 20220, at (202) 622–2922 (not a tollfree number), or Sherry Rowlett, Program Policy Analyst, Federal Insurance Office, at (202) 622–1890 (not a toll free number). Persons who have difficulty hearing or speaking may access these numbers via TTY by calling the toll-free Federal Relay Service at (800) 877–8339. For information regarding the Treasury-wide CMPs, contact Richard Dodson, Senior Counsel, General Law, Ethics, and Regulation, 202–622–9949. SUPPLEMENTARY INFORMATION: SUMMARY: I. Background In order to improve the effectiveness of CMPs and to maintain their deterrent effect, the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note (‘‘the Inflation Adjustment Act’’), as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114–74) (‘‘the 2015 Act’’), requires Federal agencies to adjust each CMP provided by law within the jurisdiction of the agency. The 2015 Act requires agencies to adjust the level of CMPs with an initial ‘‘catch-up’’ adjustment through an interim final rulemaking and to make subsequent annual adjustments for inflation, without needing to provide notice and E:\FR\FM\21MRR1.SGM 21MRR1 16886 Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Rules and Regulations the opportunity for public comment required by 5 U.S.C. 553. This rule constitutes the Department’s 2022 and 2023 annual adjustment. The 2015 Act provides that any increase in a CMP shall apply to CMPs that are assessed after the date the increase takes effect, regardless of whether the underlying violation predated such increase.1 ddrumheller on DSK120RN23PROD with RULES1 II. Method of Calculation The method of calculating CMP adjustments applied in this final rule is required by the 2015 Act. Under the 2015 Act and the Office of Management and Budget guidance required by the 2015 Act, annual inflation adjustments subsequent to the initial catch-up adjustment are to be based on the percent change between the Consumer Price Index for all Urban Consumers (‘‘CPI–U’’) for the October preceding the date of the adjustment and the prior year’s October CPI–U. As set forth in Office of Management and Budget (OMB) Memorandum M–22–07 of December 15, 2021, the adjustment multiplier for 2022 is 1.06222. Additionally, as set forth in OMB Memorandum M–23–05 of December 15, 2022, the adjustment multiplier for 2023 is 1.07745. In order to complete the 2022 and 2023 annual adjustments, each current CMP is multiplied by the 2022 and 2023 adjustment multipliers. Under the 2015 Act, any increase in CMP must be rounded to the nearest multiple of $1. With regard to the CMPs assessed under 31 U.S.C. 3802(a), the penalty assessment for 2021 ($8,212) is multiplied by 1.06222, resulting in a penalty of $8,723 for 2022. Multiplying $8,723 by 1. 07745 results in a penalty of $9,399 for 2023. With regard to the CMPs assessed under 31 U.S.C. 333(c), the first penalty under this section was adjusted to $8,212 in 2021. This amount is multiplied by 1.06222, resulting in a penalty of $8,723 for 2022. Multiplying $8,723 by 1. 07745 results in a penalty of $9,399 for 2023. The second penalty under this section was adjusted to $41,056 in 2021. Multiplying this amount by 1.06222 results in a penalty of $43,611 for 2022. Multiplying $43,611 by 1.07745 results in a penalty of $46,989 for 2023. Finally, with regard to the CMP assessed under Section 104 of Title I, Public Law 107–297, as amended, the penalty assessment for 2021 ($1,436,220) is multiplied by 1.06222, 1 However, the increased CMPs apply only with respect to underlying violations occurring after the date of enactment of the 2015 Act, i.e., after November 2, 2015. VerDate Sep<11>2014 16:41 Mar 20, 2023 Jkt 259001 resulting in a penalty of $1,525,582 for 2022. Multiplying $1,525,582 by 1.07745 results in a penalty of $1,643,738 for 2023. PART 16—REGULATIONS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 1. The authority citation for part 16 continues to read as follows: ■ Procedural Matters 1. Administrative Procedure Act The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701(b)) requires agencies to make annual adjustments for inflation to CMPs, without needing to provide notice and the opportunity for public comment and a delayed effective date required by 5 U.S.C. 553. Additionally, the methodology used for adjusting CMPs for inflation is provided by statute, with no discretion provided to agencies regarding the substance of the adjustments for inflation to CMPs. The Department is charged only with performing ministerial computations to determine the dollar amount of adjustments for inflation to CMPs. Accordingly, prior public notice, an opportunity for public comment, and a delayed effective date are not required for this rule. 2. Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do not apply. 3. Executive Order 12866 This rule is not a significant regulatory action as defined in section 3.f of Executive Order 12866. The provisions of the Paperwork Reduction Act of 1995, Public Law 104– 13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this rule because there are no new or revised recordkeeping or reporting requirements. List of Subjects 31 CFR Part 16 Administrative Practice and Procedure, Claims, Fraud, Penalties. 31 CFR Part 27 Administrative Practice and Procedure, Penalties. 31 CFR Part 50 Insurance, Terrorism. For the reasons set forth in the preamble, parts 16, 27, and 50 of title 31 of the Code of Federal Regulations are amended as follows: Fmt 4700 Sfmt 4700 § 16.3 Basis for civil penalties and assessments. (a) * * * (1) * * * (iv) Is for payment for the provision of property or services which the person has not provided as claimed, shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $9,399 for each such claim. * * * * * (b) * * * (1) * * * (ii) Includes or is accompanied by an express certification or affirmation of the truthfulness and accuracy of the content of the statement, shall be subject, in addition to any other remedy that may be prescribed by law, to a civil penalty of not more than $9,399 for each such statement. * * * * * PART 27—CIVIL PENALTY ASSESSMENT FOR MISUSE OF DEPARTMENT OF THE TREASURY NAMES, SYMBOLS, ETC. 3. The authority citation for part 27 continues to read as follows: Authority: 31 U.S.C. 321, 333. 4. Amend § 27.3 by revising paragraph (c) to read as follows: ■ § 27.3 Assessment of civil penalties. * * * * * (c) Civil penalty. An assessing official may impose a civil penalty on any person who violates the provisions of paragraph (a) of this section. The amount of a civil monetary penalty shall not exceed $9,399 for each and every use of any material in violation of paragraph (a), except that such penalty shall not exceed $46,989 for each and every use if such use is in a broadcast or telecast. * * * * * PART 50—TERRORISM RISK INSURANCE PROGRAM Authority and Issuance Frm 00018 2. Amend § 16.3 by revising paragraphs (a)(1)(iv) and (b)(1)(ii) to read as follows: ■ 4. Paperwork Reduction Act PO 00000 Authority: 31 U.S.C. 3801–3812. ■ 5. The authority citation for part 50 is revised to read as follows: ■ Authority: 5 U.S.C. 301; 31 U.S.C. 321; Title I, Pub. L. 107–297, 116 Stat. 2322, as E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 88, No. 54 / Tuesday, March 21, 2023 / Rules and Regulations amended by Pub. L. 109–144, 119 Stat. 2660, Pub. L. 110–160, 121 Stat. 1839, Pub. L. 114– 1, 129 Stat. 3, and Pub. L. 116–94, 133 Stat. 2534 (15 U.S.C. 6701 note); Pub. L. 114–74, 129 Stat. 601, Title VII (28 U.S.C. 2461 note); Pub. L. 116–94, Div. I, Title V, § 501, 133 Stat. 3026. 6. Amend § 50.83 by revising paragraph (a) to read as follows: ■ § 50.83 Adjustment of civil monetary penalty amount. (a) Inflation adjustment. Any penalty under the Act and these regulations may not exceed the greater of $1,643,738 and, in the case of any failure to pay, charge, collect or remit amounts in accordance with the Act or these regulations, such amount in dispute. * * * * * Kayla Arslanian, Executive Secretary. [FR Doc. 2023–05769 Filed 3–20–23; 8:45 am] BILLING CODE 4810–AK–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 587 Publication of Russian Harmful Foreign Activities Sanctions Regulations Determination Office of Foreign Assets Control, Treasury. AGENCY: ACTION: Publication of a determination. The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing a sector determination issued pursuant to an April 15, 2021 Executive order. The determination was previously issued on OFAC’s website. SUMMARY: The Determination Pursuant to Section 1(a)(i) of Executive Order 14024 was issued on February 24, 2023. See SUPPLEMENTARY INFORMATION for additional relevant dates. DATES: ddrumheller on DSK120RN23PROD with RULES1 FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for Licensing, 202–622–2480; Assistant Director for Regulatory Affairs, 202–622–4855; or Assistant Director for Sanctions Compliance & Evaluation, 202–622– 2490. SUPPLEMENTARY INFORMATION: Electronic Availability This document and additional information concerning OFAC are available on OFAC’s website: www.treas.gov/ofac. VerDate Sep<11>2014 16:41 Mar 20, 2023 Jkt 259001 Background On April 15, 2021, the President, invoking the authority of, inter alia, the International Emergency Economic Powers Act (50 U.S.C. 1701 et seq.) (IEEPA), issued Executive Order (E.O.) 14024 (86 FR 20249, April 19, 2022). Among other prohibitions, section 1(a)(i) of E.O. 14024 blocks, with certain exceptions, all property and interests in property that are in the United States, that come within the United States, or that are or come within the possession or control of any U.S. person of any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, or by the Secretary of State, in consultation with the Secretary of the Treasury, to operate or have operated in the technology sector or the defense and related material sector of the Russian Federation economy, or any other sector of the Russian Federation economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State. On February 24, 2023, pursuant to delegated authority, the Director of OFAC, in consultation with the Department of State, determined that the prohibitions in section 1(a)(i) of E.O. 14024 shall apply to the metals and mining sector of the Russian Federation economy. The determination took effect on February 24, 2023. The text of the determination is below. OFFICE OF FOREIGN ASSETS CONTROL Determination Pursuant to Section 1(a)(i) of Executive Order 14024 Metals and Mining Sector of the Russian Federation Economy Section 1(a)(i) of Executive Order (E.O.) 14024 of April 15, 2021 (‘‘Blocking Property With Respect To Specified Harmful Foreign Activities of the Government of the Russian Federation’’) imposes economic sanctions on any person determined by the Secretary of the Treasury, in consultation with the Secretary of State, or the Secretary of State, in consultation with the Secretary of the Treasury, to operate or have operated in such sectors of the Russian Federation economy as may be determined by the Secretary of the Treasury, in consultation with the Secretary of State. To further address the unusual and extraordinary threat to the national security, foreign policy, and economy of the United States described in E.O. 14024, and in consultation with the Department of State and pursuant to 31 CFR 587.802, I hereby determine that section 1(a)(i) of E.O. 14024 shall apply PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 16887 to the metals and mining sector of the Russian Federation economy. Any person determined, pursuant to section 1(a)(i) of E.O. 14024, to operate or have operated in this sector shall be subject to sanctions pursuant to section 1(a)(i). This determination shall take effect on February 24, 2023. Andrea M. Gacki, Director, Office of Foreign Assets Control. February 24, 2023. Andrea M. Gacki, Director, Office of Foreign Assets Control. [FR Doc. 2023–05645 Filed 3–20–23; 8:45 am] BILLING CODE 4810–AL–P DEPARTMENT OF THE TREASURY Office of Foreign Assets Control 31 CFR Part 587 Publication of Russian Harmful Foreign Activities Sanctions Regulations Web General Licenses 8E, 58, and 59 Office of Foreign Assets Control, Treasury. ACTION: Publication of web general licenses. AGENCY: The Department of the Treasury’s Office of Foreign Assets Control (OFAC) is publishing three general licenses (GLs) issued pursuant to the Russian Harmful Foreign Activities Sanctions Regulations: GLs 8E, 58, and 59, each of which was previously made available on OFAC’s website. DATES: GLs 8E, 58, and 59 were issued on December 15, 2022. See SUPPLEMENTARY INFORMATION for additional relevant dates. FOR FURTHER INFORMATION CONTACT: OFAC: Assistant Director for Licensing, 202–622–2480; Assistant Director for Regulatory Affairs, 202–622–4855; or Assistant Director for Sanctions Compliance & Evaluation, 202–622– 2490. SUPPLEMENTARY INFORMATION: SUMMARY: Electronic Availability This document and additional information concerning OFAC are available on OFAC’s website: www.treas.gov/ofac. Background On December 15, 2022, OFAC issued GLs 8E, 58, and 59 to authorize certain transactions otherwise prohibited by the Russian Harmful Foreign Activities Sanctions Regulations, 31 CFR part 587. Each GL was made available on OFAC’s E:\FR\FM\21MRR1.SGM 21MRR1

Agencies

DEPARTMENT OF THE TREASURY
Office of the Secretary of the Treasury

[Federal Register Volume 88, Number 54 (Tuesday, March 21, 2023)]
[Rules and Regulations]
[Pages 16885-16887]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-05769]


=======================================================================
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DEPARTMENT OF THE TREASURY

Office of the Secretary of the Treasury

31 CFR Parts 16, 27, and 50


Inflation Adjustment of Civil Monetary Penalties

AGENCY: Departmental Offices Treasury.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: The Department of the Treasury (``Department'' or 
``Treasury'') publishes this final rule to adjust its civil monetary 
penalties (``CMPs'') for inflation as mandated by the Federal Civil 
Penalties Inflation Adjustment Act of 1990, as amended by the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 
(collectively referred to herein as ``the Act''). This rule adjusts 
CMPs within the jurisdiction of two components of Departmental Offices 
for 2022 and 2023.

DATES: This rule is effective March 21, 2023.

FOR FURTHER INFORMATION CONTACT: For information regarding the 
Terrorism Risk Insurance Program's CMPs, contact Richard Ifft, Senior 
Insurance Regulatory Policy Analyst, Federal Insurance Office, Room 
1410 MT, Department of the Treasury, 1500 Pennsylvania Avenue NW, 
Washington, DC 20220, at (202) 622-2922 (not a toll-free number), or 
Sherry Rowlett, Program Policy Analyst, Federal Insurance Office, at 
(202) 622-1890 (not a toll free number). Persons who have difficulty 
hearing or speaking may access these numbers via TTY by calling the 
toll-free Federal Relay Service at (800) 877-8339.
    For information regarding the Treasury-wide CMPs, contact Richard 
Dodson, Senior Counsel, General Law, Ethics, and Regulation, 202-622-
9949.

SUPPLEMENTARY INFORMATION:

I. Background

    In order to improve the effectiveness of CMPs and to maintain their 
deterrent effect, the Federal Civil Penalties Inflation Adjustment Act 
of 1990, 28 U.S.C. 2461 note (``the Inflation Adjustment Act''), as 
amended by the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (Pub. L. 114-74) (``the 2015 Act''), requires 
Federal agencies to adjust each CMP provided by law within the 
jurisdiction of the agency. The 2015 Act requires agencies to adjust 
the level of CMPs with an initial ``catch-up'' adjustment through an 
interim final rulemaking and to make subsequent annual adjustments for 
inflation, without needing to provide notice and

[[Page 16886]]

the opportunity for public comment required by 5 U.S.C. 553. This rule 
constitutes the Department's 2022 and 2023 annual adjustment. The 2015 
Act provides that any increase in a CMP shall apply to CMPs that are 
assessed after the date the increase takes effect, regardless of 
whether the underlying violation predated such increase.\1\
---------------------------------------------------------------------------

    \1\ However, the increased CMPs apply only with respect to 
underlying violations occurring after the date of enactment of the 
2015 Act, i.e., after November 2, 2015.
---------------------------------------------------------------------------

II. Method of Calculation

    The method of calculating CMP adjustments applied in this final 
rule is required by the 2015 Act. Under the 2015 Act and the Office of 
Management and Budget guidance required by the 2015 Act, annual 
inflation adjustments subsequent to the initial catch-up adjustment are 
to be based on the percent change between the Consumer Price Index for 
all Urban Consumers (``CPI-U'') for the October preceding the date of 
the adjustment and the prior year's October CPI-U. As set forth in 
Office of Management and Budget (OMB) Memorandum M-22-07 of December 
15, 2021, the adjustment multiplier for 2022 is 1.06222. Additionally, 
as set forth in OMB Memorandum M-23-05 of December 15, 2022, the 
adjustment multiplier for 2023 is 1.07745. In order to complete the 
2022 and 2023 annual adjustments, each current CMP is multiplied by the 
2022 and 2023 adjustment multipliers. Under the 2015 Act, any increase 
in CMP must be rounded to the nearest multiple of $1.
    With regard to the CMPs assessed under 31 U.S.C. 3802(a), the 
penalty assessment for 2021 ($8,212) is multiplied by 1.06222, 
resulting in a penalty of $8,723 for 2022. Multiplying $8,723 by 1. 
07745 results in a penalty of $9,399 for 2023.
    With regard to the CMPs assessed under 31 U.S.C. 333(c), the first 
penalty under this section was adjusted to $8,212 in 2021. This amount 
is multiplied by 1.06222, resulting in a penalty of $8,723 for 2022. 
Multiplying $8,723 by 1. 07745 results in a penalty of $9,399 for 2023. 
The second penalty under this section was adjusted to $41,056 in 2021. 
Multiplying this amount by 1.06222 results in a penalty of $43,611 for 
2022. Multiplying $43,611 by 1.07745 results in a penalty of $46,989 
for 2023.
    Finally, with regard to the CMP assessed under Section 104 of Title 
I, Public Law 107-297, as amended, the penalty assessment for 2021 
($1,436,220) is multiplied by 1.06222, resulting in a penalty of 
$1,525,582 for 2022. Multiplying $1,525,582 by 1.07745 results in a 
penalty of $1,643,738 for 2023.

Procedural Matters

1. Administrative Procedure Act
    The Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (Section 701(b)) requires agencies to make annual 
adjustments for inflation to CMPs, without needing to provide notice 
and the opportunity for public comment and a delayed effective date 
required by 5 U.S.C. 553. Additionally, the methodology used for 
adjusting CMPs for inflation is provided by statute, with no discretion 
provided to agencies regarding the substance of the adjustments for 
inflation to CMPs. The Department is charged only with performing 
ministerial computations to determine the dollar amount of adjustments 
for inflation to CMPs. Accordingly, prior public notice, an opportunity 
for public comment, and a delayed effective date are not required for 
this rule.
2. Regulatory Flexibility Act
    Because no notice of proposed rulemaking is required, the 
provisions of the Regulatory Flexibility Act (5 U.S.C. 601 et seq.) do 
not apply.
3. Executive Order 12866
    This rule is not a significant regulatory action as defined in 
section 3.f of Executive Order 12866.
4. Paperwork Reduction Act
    The provisions of the Paperwork Reduction Act of 1995, Public Law 
104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR 
part 1320, do not apply to this rule because there are no new or 
revised recordkeeping or reporting requirements.

List of Subjects

31 CFR Part 16

    Administrative Practice and Procedure, Claims, Fraud, Penalties.

31 CFR Part 27

    Administrative Practice and Procedure, Penalties.

31 CFR Part 50

    Insurance, Terrorism.

Authority and Issuance

    For the reasons set forth in the preamble, parts 16, 27, and 50 of 
title 31 of the Code of Federal Regulations are amended as follows:

PART 16--REGULATIONS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES 
ACT OF 1986

0
1. The authority citation for part 16 continues to read as follows:

    Authority:  31 U.S.C. 3801-3812.


0
2. Amend Sec.  16.3 by revising paragraphs (a)(1)(iv) and (b)(1)(ii) to 
read as follows:


Sec.  16.3  Basis for civil penalties and assessments.

    (a) * * *
    (1) * * *
    (iv) Is for payment for the provision of property or services which 
the person has not provided as claimed, shall be subject, in addition 
to any other remedy that may be prescribed by law, to a civil penalty 
of not more than $9,399 for each such claim.
* * * * *
    (b) * * *
    (1) * * *
    (ii) Includes or is accompanied by an express certification or 
affirmation of the truthfulness and accuracy of the content of the 
statement, shall be subject, in addition to any other remedy that may 
be prescribed by law, to a civil penalty of not more than $9,399 for 
each such statement.
* * * * *

PART 27--CIVIL PENALTY ASSESSMENT FOR MISUSE OF DEPARTMENT OF THE 
TREASURY NAMES, SYMBOLS, ETC.

0
3. The authority citation for part 27 continues to read as follows:

    Authority: 31 U.S.C. 321, 333.


0
4. Amend Sec.  27.3 by revising paragraph (c) to read as follows:


Sec.  27.3  Assessment of civil penalties.

* * * * *
    (c) Civil penalty. An assessing official may impose a civil penalty 
on any person who violates the provisions of paragraph (a) of this 
section. The amount of a civil monetary penalty shall not exceed $9,399 
for each and every use of any material in violation of paragraph (a), 
except that such penalty shall not exceed $46,989 for each and every 
use if such use is in a broadcast or telecast.
* * * * *

PART 50--TERRORISM RISK INSURANCE PROGRAM

0
5. The authority citation for part 50 is revised to read as follows:

    Authority: 5 U.S.C. 301; 31 U.S.C. 321; Title I, Pub. L. 107-
297, 116 Stat. 2322, as

[[Page 16887]]

amended by Pub. L. 109-144, 119 Stat. 2660, Pub. L. 110-160, 121 
Stat. 1839, Pub. L. 114-1, 129 Stat. 3, and Pub. L. 116-94, 133 
Stat. 2534 (15 U.S.C. 6701 note); Pub. L. 114-74, 129 Stat. 601, 
Title VII (28 U.S.C. 2461 note); Pub. L. 116-94, Div. I, Title V, 
Sec.  501, 133 Stat. 3026.


0
6. Amend Sec.  50.83 by revising paragraph (a) to read as follows:


Sec.  50.83  Adjustment of civil monetary penalty amount.

    (a) Inflation adjustment. Any penalty under the Act and these 
regulations may not exceed the greater of $1,643,738 and, in the case 
of any failure to pay, charge, collect or remit amounts in accordance 
with the Act or these regulations, such amount in dispute.
* * * * *

Kayla Arslanian,
Executive Secretary.
[FR Doc. 2023-05769 Filed 3-20-23; 8:45 am]
BILLING CODE 4810-AK-P

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