Civil Penalty Adjustments, 18998-19001 [2023-06414]
Download as PDF
<![CDATA[
18998
Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Rules and Regulations
TABLE 1 OF § 165.801—SECTOR OHIO VALLEY ANNUAL AND RECURRING SAFETY ZONES—Continued
Date
Sponsor/name
Sector Ohio Valley
location
106. 1 day—December 31 .....................
Pittsburgh Cultural Trust/Highmark First
Night Pittsburgh.
University of Tennessee/UT Football
Fireworks.
Pittsburgh, PA .......
Allegheny River, Miles 0.5–1.0 (Pennsylvania).
Knoxville, TN .........
Tennessee River, Miles 645.6–648.3 (Tennessee).
107. 7 days—Scheduled home games
*
*
*
*
*
Dated: March 27, 2023.
H.R. Mattern,
Captain, U.S. Coast Guard, Captain of the
Port Sector Ohio Valley.
[FR Doc. 2023–06521 Filed 3–29–23; 8:45 am]
BILLING CODE 9110–04–P
DEPARTMENT OF HOMELAND
SECURITY
Coast Guard
33 CFR Part 165
[Docket No. USCG–2023–0173]
Security Zone; Lower Mississippi
River, Mile Marker 94 to 97 Above Head
of Passes, New Orleans, LA
Coast Guard, DHS.
Notification of enforcement of
regulation.
AGENCY:
ACTION:
The Coast Guard will enforce
a security zone for all navigable waters
within 400 yards of the Left Descending
Bank (LDB) on the Lower Mississippi
River (LMR) Mile Marker (MM) 94.4 to
MM 95.1, Above Head of Passes (AHP),
New Orleans, LA. This security zone is
necessary to provide security and
protection for visiting personnel during
the events related to the French Quarter
Festival. Except for Vessel Movement
Reporting System Users operating in the
Algiers Point VT Special Area, no
person or vessel may enter this security
zone unless authorized by the Captain
of the Port New Orleans (COTP) or a
designated representative.
DATES: The regulations in 33 CFR
165.846 will be enforced from 10 a.m.
on April 13, 2023, through 10 p.m. on
April 16, 2023.
FOR FURTHER INFORMATION CONTACT: If
you have questions about this
notification of enforcement, call or
email Lieutenant Commander William
A. Stewart, Sector New Orleans, U.S.
Coast Guard; telephone 504–365–2246,
email William.A.Stewart@uscg.mil.
SUPPLEMENTARY INFORMATION: The Coast
Guard will enforce a security zone in 33
CFR 165.846 for events related to the
French Quarter Festival from 10 a.m. on
April 13, 2023, through 10 p.m. on April
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
VerDate Sep<11>2014
15:57 Mar 29, 2023
Jkt 259001
Safety zone
16, 2023. This action is being taken to
provide security and protection for
visiting personnel during the events
related to the French Quarter Festival.
The security zone will cover all
navigable waters within 400 yards of the
Left Descending Bank on the Lower
Mississippi River from MM 94.4 to MM
95.1 AHP, New Orleans, LA. Except for
Vessel Movement Reporting System
Users operating in the Algiers Point VT
Special Area, no person or vessel may
enter this security zone unless
authorized by the COTP or a designated
representative. A designated
representative means any Coast Guard
commissioned, warrant, or petty officer
of the U.S. Coast Guard assigned to
units under the operational control of
Sector New Orleans; to include a
Federal, State, and/or local officer
designated by or assisting the COTP in
the enforcement of the security zone. To
seek permission to enter, contact the
COTP or a designated representative on
VHF–FM Channel 12 or 67. Those in the
security zone must transit at their
slowest speed and comply with all
lawful orders or directions given to
them by the COTP or a designated
representative.
In addition to this notification of
enforcement in the Federal Register, the
Coast Guard plans to provide
notification of this enforcement period
via the Vessel Traffic Service
Advisories, Broadcast Notices to
Mariners (BNMs), and/or Marine Safety
Information Bulletins (MSIBs).
Dated: March 22, 2023.
K.K. Denning,
Captain, U.S. Coast Guard, Captain of the
Port Sector New Orleans.
[FR Doc. 2023–06572 Filed 3–29–23; 8:45 am]
BILLING CODE 9110–04–P
PO 00000
NATIONAL FOUNDATION ON THE
ARTS AND HUMANITIES
National Endowment for the
Humanities
45 CFR Parts 1168 and 1174
RIN 3136–AA46
Civil Penalty Adjustments
National Endowment for the
Humanities, National Foundation on the
Arts and the Humanities.
ACTION: Final rule.
AGENCY:
The National Endowment for
the Humanities (NEH) is adjusting the
maximum and minimum civil monetary
penalties that may be imposed for
violations of its New Restrictions on
Lobbying and Program Fraud Civil
Remedies Act regulations to reflect the
requirements of the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended by the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015. This final
rule provides the 2023 annual inflation
adjustments to the initial ‘‘catch-up’’
adjustments made on April 21, 2020,
and August 13, 2021, and reflects all
other inflation adjustments made in the
interim. This final rule also codifies the
statutory formula for inflation
adjustments in NEH’s New Restrictions
on Lobbying and Program Fraud Civil
Remedies Act regulations, so that NEH
may publish a Notice in the Federal
Register indicating the civil monetary
penalty adjustment amounts for each
regulation in January 2024 and every
calendar year thereafter.
DATES: This rule is effective on March
30, 2023.
FOR FURTHER INFORMATION CONTACT:
Elizabeth Voyatzis, Deputy General
Counsel, Office of the General Counsel,
National Endowment for the
Humanities, 400 7th Street SW, Room
4060, Washington, DC 20506; (202) 606–
8322; gencounsel@neh.gov.
SUPPLEMENTARY INFORMATION:
SUMMARY:
1. Background
The Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
Frm 00034
Fmt 4700
Sfmt 4700
E:\FR\FM\30MRR1.SGM
30MRR1
Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Rules and Regulations
lotter on DSK11XQN23PROD with RULES1
2015 (the Inflation Adjustment Act) 1
directs each Executive agency to make
an annual inflation adjustment for each
civil monetary penalty provided by law
within the jurisdiction of the agency,
and to publish notice of each such
adjustment in the Federal Register. An
agency adjusts a civil monetary penalty
by increasing the maximum amount of
such penalty (or the range of minimum
and maximum amounts, as applicable)
by the percentage by which the
Consumer Price Index for All Urban
Consumers (CPI–U) for the month of
October preceding the date of
adjustment (in this case, October 2022)
exceeds the CPI–U for the October one
year prior to the October immediately
preceding the date of the adjustment (in
this case, October 2021), then rounding
each amount to the nearest dollar. The
formula for the amount of a civil
monetary penalty inflation adjustment
is prescribed by law, as explained in
Office of Management and Budget
(OMB) Memorandum M–16–06
(February 24, 2016), and therefore the
amount of the adjustment is not subject
to the exercise of discretion by the Chair
of the National Endowment for the
Humanities.
OMB has issued guidance on
implementing and calculating the 2023
adjustment under the Inflation
Adjustment Act.2 Per this guidance, the
CPI–U adjustment multiplier for this
annual adjustment is 1.07745. In its
prior rules, NEH identified two civil
monetary penalties which require
adjustment pursuant to the Inflation
Adjustment Act: a civil monetary
penalty that NEH may impose for
violation of its New Restrictions on
Lobbying regulation (the Lobbying Civil
Monetary Penalty) 3 and a civil
monetary penalty that NEH may impose
under its Program Fraud Civil Remedies
Act Regulations (the PFCRA Civil
Monetary Penalty).4 NEH made the
initial ‘‘catch-up’’ adjustments to the
Lobbying Civil Monetary Penalty when
it amended its New Restrictions on
Lobbying regulation on April 21, 2020,5
and to the PFCRA Civil Monetary
Penalty when it adopted its Program
Fraud Civil Monetary Penalties Act
regulations on August 13, 2021.6 With
this rule, NEH is adjusting the amount
of those civil monetary penalties
accordingly.
1 28
U.S.C. 2461 note.
of Management and Budget (OMB)
Memorandum M–23–05 (December 15, 2022).
3 45 CFR 1168.400(a), (b), (e).
4 45 CFR 1174.3(a), (b).
5 85 FR 22025.
6 86 FR 44626.
2 Office
VerDate Sep<11>2014
15:57 Mar 29, 2023
Jkt 259001
2. 2023 Adjustments
Two civil monetary penalties in NEH
regulations require adjustment in
accordance with the Inflation
Adjustment Act: (1) the Lobbying Civil
Monetary Penalty and (2) the PFCRA
Civil Monetary Penalty.
A. Adjustment to Lobbying Civil
Monetary Penalty
The Lobbying Civil Monetary Penalty
is currently set at a range of a minimum
amount of $22,021 and a maximum
amount of $220,213. The postadjustment penalty or range is obtained
by multiplying the pre-adjustment
penalty or range by the percent change
in the CPI–U over the relevant time
period and rounding to the nearest
dollar. Between October 2021 and
October 2022, the CPI–U increased by a
multiplier of 107.745%. Therefore, the
new post-adjustment minimum
Lobbying Civil Monetary Penalty is
$23,727 ($22,021 multiplied by 1.07745)
and the maximum Lobbying Civil
Monetary Penalty is $237,268 ($220,213
multiplied by 1.07745).
Thus, the range for the Lobbying Civil
Monetary Penalty shall be between
$23,727 and $237,268.
B. Adjustment to PFCRA Civil Monetary
Penalty
The current maximum PFCRA Civil
Monetary Penalty is set at $12,537. The
post-adjustment penalty or range is
obtained by multiplying the preadjustment penalty or range by the
percent change in the CPI–U over the
relevant time period and rounding to
the nearest dollar. Between October
2021 and October 2022, the CPI–U
increased by a multiplier of 107.745%.
Therefore, the new, post-adjustment
maximum penalty NEH’s PFCRA
regulation is $13,508 ($12,537
multiplied by 1.07745).
3. Subsequent Annual Adjustments
For subsequent annual adjustments to
civil penalty amounts made in
accordance with the Inflation
Adjustment Act, the amount of the
adjustment is based on the percent
increase between the CPI–U for the
month of October preceding the date of
the adjustment and the CPI–U for the
October one year prior to the October
immediately preceding the date of the
adjustment. If there is no increase, there
is no adjustment of civil penalties.
Therefore, if NEH adjusts penalties in
January 2024, the adjustment will be
calculated based on the percent change
between the CPI–U for October 2023
(the October immediately preceding the
date of adjustment) and October 2022
(the October one year prior to October
PO 00000
Frm 00035
Fmt 4700
Sfmt 4700
18999
2023). With this rule, NEH will publish
a notice of the amount of these annual
inflation adjustments in the Federal
Register no later than January 15 of each
year, starting in 2024.
4. Compliance
Administrative Procedure Act
Pursuant to section 4 of the Inflation
Adjustment Act, each Federal agency is
required to publish adjustments no later
than January 15 each year. In
accordance with section 553 of the
Administrative Procedure Act (APA), 5
U.S.C. 553, most rules are subject to
notice and comment and are effective no
earlier than 30 days after publication in
the Federal Register. However, section
4(b)(2) of the Inflation Adjustment Act
provides that each agency shall make
the annual inflation adjustments
‘‘notwithstanding section 553’’ of the
APA. Consistent with the language of
the Inflation Adjustment Act, this rule
is not subject to notice and an
opportunity for public comment and
will be effective on March 30, 2023.
Executive Order 12866, Regulatory
Planning and Review, and Executive
Order 13563, Improving Regulation and
Regulatory Review
This action is not a significant
regulatory action and was therefore not
submitted to the Office of Management
and Budget for review.
Executive Order 13132, Federalism
This rulemaking does not have
federalism implications. It will 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.
Executive Order 12988, Civil Justice
Reform
This rulemaking meets the applicable
standards set forth in section 3(a) and
3(b)(2) of Executive Order 12988.
Specifically, this rulemaking is written
in clear language designed to help
reduce litigation.
Executive Order 13175, Indian Tribal
Governments
Under the criteria in Executive Order
13175, NEH evaluated this rulemaking
and determined that it will not have any
potential effects on federally recognized
Indian Tribes.
Executive Order 12630, Takings
Under the criteria in Executive Order
12630, this rulemaking does not have
significant takings implications.
E:\FR\FM\30MRR1.SGM
30MRR1
19000
Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Rules and Regulations
significant adverse effects on
competition, employment, investment,
productivity, innovation, or the ability
of United States-based companies to
compete with foreign-based companies
in domestic and export markets.
Therefore, a takings implication
assessment is not required.
Regulatory Flexibility Act of 1980
This rulemaking will not have a
significant adverse impact on a
substantial number of small entities,
including small businesses, small
governmental jurisdictions, or certain
small not-for-profit organizations.
Paperwork Reduction Act of 1995
This rulemaking does not impose an
information collection burden under the
Paperwork Reduction Act. This action
contains no provisions constituting a
collection of information pursuant to
the Paperwork Reduction Act.
Unfunded Mandates Reform Act of
1995
This rulemaking does not contain a
Federal mandate that will result in the
expenditure by State, local, and Tribal
governments, in the aggregate, or by the
private sector of $100 million or more
in any one year.
National Environmental Policy Act of
1969
This rulemaking will not have a
significant effect on the human
environment.
Small Business Regulatory Enforcement
Fairness Act of 1996
This rulemaking will not be a major
rule as defined in section 804 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. This rulemaking
will not result in an annual effect on the
economy of $100 million or more, a
major increase in costs or prices,
E-Government Act of 2002
All information about NEH required
to be published in the Federal Register
may be accessed at www.neh.gov. The
website www.regulations.gov contains
electronic dockets for NEH’s
rulemakings under the Administrative
Procedure Act of 1946.
Plain Writing Act of 2010
To ensure this rule speaks in plain
and clear language so that the public
can use and understand it, NEH
modeled the language of the rule on the
Federal Plain Language Guidelines.
List of Subjects in 45 CFR Parts 1168
and 1174
Administrative practice and
procedure, Claims, Fraud, Lobbying,
Penalties.
For the reasons stated in the
preamble, the National Endowment for
the Humanities amends 45 CFR chapter
XI, subchapter D, as follows:
PART 1168—NEW RESTRICTIONS ON
LOBBYING
1. The authority citation for part 1168
continues to read as follows:
■
Authority: 20 U.S.C. 959(a)(1); 28 U.S.C.
2461 note; 31 U.S.C. 1352.
■
■
2. Amend § 1168.400 by:
a. In paragraphs (a), (b), and (e):
i. Removing ‘‘$20,489’’ and adding in
its place ‘‘$10,000’’ each place it
appears.
■ ii. Removing ‘‘$204,892’’ and adding
in its place ‘‘$100,000’’ each place it
appears.
■ b. Revising paragraph (g).
■ c. Adding paragraph (h).
The revision and addition read as
follows:
■
§ 1168.400
Penalties.
*
*
*
*
*
(g)(1) The penalty amounts provided
in table 1 to this paragraph (g) apply to
violations of this section that occurred
prior to December 31, 2023, with each
row listing the penalty amounts for
violations that occurred in a particular
time frame.
(2) For violations of this section that
occur on or after January 1, 2024, the
maximum penalty range which may be
assessed under this section is the larger
of:
(i) The amount for the previous
calendar year; or
(ii) An amount adjusted for inflation,
calculated by multiplying the amount
for the previous calendar year by the
percentage by which the Consumer
Price Index for All Urban Consumers
published by the Department of Labor
(CPI–U) for the month of October
preceding the current calendar year
exceeds the CPI–U for the month of
October of the calendar year two years
prior to the current calendar year,
adding that amount to the amount for
the previous calendar year, and
rounding the total to the nearest dollar.
TABLE 1 TO PARAGRAPH (g)—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS FOR VIOLATIONS PRIOR TO DECEMBER
31, 2023
Date of violation
lotter on DSK11XQN23PROD with RULES1
October
January
January
January
January
January
January
January
January
Penalty range
23, 1989–December 31, 2015 ...............................................................................................................................
1, 2016–December 31, 2016 .................................................................................................................................
1, 2017–December 31, 2017 .................................................................................................................................
1, 2018–December 31, 2018 .................................................................................................................................
1, 2019–December 31, 2019 .................................................................................................................................
1, 2020–December 31, 2020 .................................................................................................................................
1, 2021–December 31, 2021 .................................................................................................................................
1, 2022–December 31, 2022 .................................................................................................................................
1, 2023–December 31, 2023 .................................................................................................................................
(h) Notice of the maximum penalty
amounts which may be assessed under
paragraphs (a), (b), and (e) of this
section for calendar years after 2023
(calculated using the formula in
paragraph (g)(2) of this section) will be
published by NEH in the Federal
Register on an annual basis on or before
January 15 of each calendar year.
VerDate Sep<11>2014
15:57 Mar 29, 2023
Jkt 259001
Appendix A to Part 1168 [Amended]
3. Amend appendix A to part 1168 by:
a. Removing ‘‘$20,489’’ and adding in
its place ‘‘$10,000’’ each place it
appears.
■ b. Removing ‘‘$204,892’’ and adding
in its place ‘‘$100,000’’ each place it
appears.
$10,000–$100,000
18,936–189,361
19,246–192,459
19,639–196,387
20,134–201,340
20,489–204,892
20,731–207,314
22,021–220,213
23,727–237,268
PART 1174—PROGRAM FRAUD CIVIL
REMEDIES ACT REGULATIONS
■
■
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
4. The authority citation for part 1174
continues to read as follows:
■
Authority: 31 U.S.C. 3801–3812; 5 U.S.C.
App. 8G(a)(2).
5. Amend § 1174.3 by:
a. In paragraphs (a)(1) introductory
text and (b)(1) introductory text,
■
■
E:\FR\FM\30MRR1.SGM
30MRR1
Federal Register / Vol. 88, No. 61 / Thursday, March 30, 2023 / Rules and Regulations
removing ‘‘$11,803’’ and adding in its
place ‘‘$5,000’’ each place it appears.
■ b. Revising paragraph (f).
■ c. Adding paragraph (g).
The revision and addition read as
follows:
§ 1174.3 Basis for civil penalties and
assessments.
*
*
*
*
*
(f) Civil monetary penalty inflation
adjustments. (1) The penalty amounts
provided in table 1 to this paragraph (f)
apply to violations of this section that
occurred prior to December 31, 2023,
with each row listing the penalty
amounts for violations that occurred in
a particular time frame.
(2) For claims or statements made on
or after January 1, 2024, the maximum
penalty which may be assessed under
this section is the larger of:
(i) The amount for the previous
calendar year; or
(ii) An amount adjusted for inflation,
calculated by multiplying the amount
19001
for the previous calendar year by the
percentage by which the Consumer
Price Index for All Urban Consumers
published by the Department of Labor
(CPI–U) for the month of October
preceding the current calendar year
exceeds the CPI–U for the month of
October of the calendar year two years
prior to the current calendar year,
adding that amount to the amount for
the previous calendar year, and
rounding the total to the nearest dollar.
TABLE 1 TO PARAGRAPH (f)—CIVIL MONETARY PENALTY INFLATION ADJUSTMENTS FOR VIOLATIONS PRIOR TO DECEMBER
31, 2023
Date of violation
October
January
January
January
January
January
January
January
January
14, 2008–December 31, 2015 ...................................................................................................................................................
1, 2016–December 31, 2016 .....................................................................................................................................................
1, 2017–December 31, 2017 .....................................................................................................................................................
1, 2018–December 31, 2018 .....................................................................................................................................................
1, 2019–December 31, 2019 .....................................................................................................................................................
1, 2020–December 31, 2020 .....................................................................................................................................................
1, 2021–December 31, 2021 .....................................................................................................................................................
1, 2022–December 31, 2022 .....................................................................................................................................................
1, 2023–December 31, 2023 .....................................................................................................................................................
(g) Notice of civil monetary penalty
inflation adjustments on or after
January 1, 2024. The authority will
publish in the Federal Register notice of
the maximum penalty amount which
may be assessed under this section for
calendar years after 2023 (calculated
using the formula in paragraph (f)(2) of
this section) on an annual basis on or
before January 15 of each calendar year.
Dated: March 23, 2023.
Jessica Graves,
Legal Administrative Specialist, National
Endowment for the Humanities.
[FR Doc. 2023–06414 Filed 3–29–23; 8:45 am]
BILLING CODE 7536–01–P
FEDERAL COMMUNICATIONS
COMMISSION
47 CFR Part 64
[WC Docket Nos. 12–375, 23–62; FCC 23–
19; FR ID 133862]
Incarcerated People’s
Communications Services;
Implementation of the Martha WrightReed Act; Rates for Interstate Inmate
Calling Services
Federal Communications
Commission.
ACTION: Delegations of authority;
reaffirmation and modification.
AGENCY:
lotter on DSK11XQN23PROD with RULES1
Penalty
In this document, the Federal
Communications Commission
(Commission) reaffirms its prior
SUMMARY:
VerDate Sep<11>2014
15:57 Mar 29, 2023
Jkt 259001
delegation of authority to the Wireline
Competition Bureau (WCB) and Office
of Economics and Analytics (OEA) to
modify the Commission’s most recent
mandatory data collection as
appropriate to implement the Martha
Wright-Reed Just and Reasonable
Communications Act of 2022. The
Commission also reaffirms and updates
its prior delegation of authority to WCB
and the Consumer and Governmental
Affairs Bureau (CGB) to modify the
instructions and reporting template for
the annual reports required from service
providers as appropriate to supplement
the information that will be received in
this data collection.
DATES: The delegations of authority to
WCB, OEA, and CGB are effective
March 30, 2023.
FOR FURTHER INFORMATION CONTACT:
Michael Scott, Disability Rights Office
of the Consumer and Governmental
Affairs Bureau, at (202) 418–1264 or via
email at michael.scott@fcc.gov,
regarding portions of this document
relating to communications services for
incarcerated people with hearing or
speech disabilities, and Stephen Meil,
Pricing Policy Division of the Wireline
Competition Bureau, at (202) 418–7233
or via email at stephen.meil@fcc.gov,
regarding other matters.
SUPPLEMENTARY INFORMATION: This is a
summary of the Commission’s Order,
document FCC 23–19, released March
17, 2023, in WC Docket Nos. 12–375
and 23–62. The full text of document
FCC 23–19 can be accessed
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
$5,000
10,781
10,957
11,181
11,463
11,665
11,803
12,537
13,508
electronically via the FCC’s Electronic
Document Management System
(EDOCS) website at www.fcc.gov/edocs
or via the FCC’s Electronic Comment
Filing System (ECFS) website at
www.fcc.gov/ecfs. To request materials
in accessible formats for people with
disabilities (Braille, large print,
electronic files, audio format), send an
email to fcc504@fcc.gov, or call the
Consumer and Governmental Affairs
Bureau at (202) 418–0530 (voice) or
(202) 418–0432 (TTY).
Synopsis
1. In this Order, the Commission
builds on its efforts to date, bolstered by
the new authority Congress has
bestowed, and begins the process of
implementing the Martha Wright-Reed
Just and Reasonable Communications
Act of 2022 (Martha Wright-Reed Act or
Act) to adopt just and reasonable rates
and charges for incarcerated people’s
audio and video communications
services. Martha Wright-Reed Act,
Public Law 117–338, 136 Stat. 6156.
This Order continues and expands on
the Commission’s ongoing efforts to
reform providers’ rates, charges, and
practices in connection with interstate
and international inmate calling
services in WC Docket No. 12–375. At
the same time, document FCC 23–19
initiates a new docket, WC Docket No.
23–62, to specifically address
implementation of, and changes
required by, the provisions of the
Martha Wright-Reed Act.
E:\FR\FM\30MRR1.SGM
30MRR1
]]>Agencies
[Federal Register Volume 88, Number 61 (Thursday, March 30, 2023)]
[Rules and Regulations]
[Pages 18998-19001]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-06414]
=======================================================================
-----------------------------------------------------------------------
NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES
National Endowment for the Humanities
45 CFR Parts 1168 and 1174
RIN 3136-AA46
Civil Penalty Adjustments
AGENCY: National Endowment for the Humanities, National Foundation on
the Arts and the Humanities.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Endowment for the Humanities (NEH) is adjusting
the maximum and minimum civil monetary penalties that may be imposed
for violations of its New Restrictions on Lobbying and Program Fraud
Civil Remedies Act regulations to reflect the requirements of the
Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015. This final rule provides the 2023 annual inflation adjustments
to the initial ``catch-up'' adjustments made on April 21, 2020, and
August 13, 2021, and reflects all other inflation adjustments made in
the interim. This final rule also codifies the statutory formula for
inflation adjustments in NEH's New Restrictions on Lobbying and Program
Fraud Civil Remedies Act regulations, so that NEH may publish a Notice
in the Federal Register indicating the civil monetary penalty
adjustment amounts for each regulation in January 2024 and every
calendar year thereafter.
DATES: This rule is effective on March 30, 2023.
FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General
Counsel, Office of the General Counsel, National Endowment for the
Humanities, 400 7th Street SW, Room 4060, Washington, DC 20506; (202)
606-8322; [email protected].
SUPPLEMENTARY INFORMATION:
1. Background
The Federal Civil Penalties Inflation Adjustment Act of 1990, as
amended by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of
[[Page 18999]]
2015 (the Inflation Adjustment Act) \1\ directs each Executive agency
to make an annual inflation adjustment for each civil monetary penalty
provided by law within the jurisdiction of the agency, and to publish
notice of each such adjustment in the Federal Register. An agency
adjusts a civil monetary penalty by increasing the maximum amount of
such penalty (or the range of minimum and maximum amounts, as
applicable) by the percentage by which the Consumer Price Index for All
Urban Consumers (CPI-U) for the month of October preceding the date of
adjustment (in this case, October 2022) exceeds the CPI-U for the
October one year prior to the October immediately preceding the date of
the adjustment (in this case, October 2021), then rounding each amount
to the nearest dollar. The formula for the amount of a civil monetary
penalty inflation adjustment is prescribed by law, as explained in
Office of Management and Budget (OMB) Memorandum M-16-06 (February 24,
2016), and therefore the amount of the adjustment is not subject to the
exercise of discretion by the Chair of the National Endowment for the
Humanities.
---------------------------------------------------------------------------
\1\ 28 U.S.C. 2461 note.
---------------------------------------------------------------------------
OMB has issued guidance on implementing and calculating the 2023
adjustment under the Inflation Adjustment Act.\2\ Per this guidance,
the CPI-U adjustment multiplier for this annual adjustment is 1.07745.
In its prior rules, NEH identified two civil monetary penalties which
require adjustment pursuant to the Inflation Adjustment Act: a civil
monetary penalty that NEH may impose for violation of its New
Restrictions on Lobbying regulation (the Lobbying Civil Monetary
Penalty) \3\ and a civil monetary penalty that NEH may impose under its
Program Fraud Civil Remedies Act Regulations (the PFCRA Civil Monetary
Penalty).\4\ NEH made the initial ``catch-up'' adjustments to the
Lobbying Civil Monetary Penalty when it amended its New Restrictions on
Lobbying regulation on April 21, 2020,\5\ and to the PFCRA Civil
Monetary Penalty when it adopted its Program Fraud Civil Monetary
Penalties Act regulations on August 13, 2021.\6\ With this rule, NEH is
adjusting the amount of those civil monetary penalties accordingly.
---------------------------------------------------------------------------
\2\ Office of Management and Budget (OMB) Memorandum M-23-05
(December 15, 2022).
\3\ 45 CFR 1168.400(a), (b), (e).
\4\ 45 CFR 1174.3(a), (b).
\5\ 85 FR 22025.
\6\ 86 FR 44626.
---------------------------------------------------------------------------
2. 2023 Adjustments
Two civil monetary penalties in NEH regulations require adjustment
in accordance with the Inflation Adjustment Act: (1) the Lobbying Civil
Monetary Penalty and (2) the PFCRA Civil Monetary Penalty.
A. Adjustment to Lobbying Civil Monetary Penalty
The Lobbying Civil Monetary Penalty is currently set at a range of
a minimum amount of $22,021 and a maximum amount of $220,213. The post-
adjustment penalty or range is obtained by multiplying the pre-
adjustment penalty or range by the percent change in the CPI-U over the
relevant time period and rounding to the nearest dollar. Between
October 2021 and October 2022, the CPI-U increased by a multiplier of
107.745%. Therefore, the new post-adjustment minimum Lobbying Civil
Monetary Penalty is $23,727 ($22,021 multiplied by 1.07745) and the
maximum Lobbying Civil Monetary Penalty is $237,268 ($220,213
multiplied by 1.07745).
Thus, the range for the Lobbying Civil Monetary Penalty shall be
between $23,727 and $237,268.
B. Adjustment to PFCRA Civil Monetary Penalty
The current maximum PFCRA Civil Monetary Penalty is set at $12,537.
The post-adjustment penalty or range is obtained by multiplying the
pre-adjustment penalty or range by the percent change in the CPI-U over
the relevant time period and rounding to the nearest dollar. Between
October 2021 and October 2022, the CPI-U increased by a multiplier of
107.745%. Therefore, the new, post-adjustment maximum penalty NEH's
PFCRA regulation is $13,508 ($12,537 multiplied by 1.07745).
3. Subsequent Annual Adjustments
For subsequent annual adjustments to civil penalty amounts made in
accordance with the Inflation Adjustment Act, the amount of the
adjustment is based on the percent increase between the CPI-U for the
month of October preceding the date of the adjustment and the CPI-U for
the October one year prior to the October immediately preceding the
date of the adjustment. If there is no increase, there is no adjustment
of civil penalties. Therefore, if NEH adjusts penalties in January
2024, the adjustment will be calculated based on the percent change
between the CPI-U for October 2023 (the October immediately preceding
the date of adjustment) and October 2022 (the October one year prior to
October 2023). With this rule, NEH will publish a notice of the amount
of these annual inflation adjustments in the Federal Register no later
than January 15 of each year, starting in 2024.
4. Compliance
Administrative Procedure Act
Pursuant to section 4 of the Inflation Adjustment Act, each Federal
agency is required to publish adjustments no later than January 15 each
year. In accordance with section 553 of the Administrative Procedure
Act (APA), 5 U.S.C. 553, most rules are subject to notice and comment
and are effective no earlier than 30 days after publication in the
Federal Register. However, section 4(b)(2) of the Inflation Adjustment
Act provides that each agency shall make the annual inflation
adjustments ``notwithstanding section 553'' of the APA. Consistent with
the language of the Inflation Adjustment Act, this rule is not subject
to notice and an opportunity for public comment and will be effective
on March 30, 2023.
Executive Order 12866, Regulatory Planning and Review, and Executive
Order 13563, Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to the Office of Management and Budget for
review.
Executive Order 13132, Federalism
This rulemaking does not have federalism implications. It will 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.
Executive Order 12988, Civil Justice Reform
This rulemaking meets the applicable standards set forth in section
3(a) and 3(b)(2) of Executive Order 12988. Specifically, this
rulemaking is written in clear language designed to help reduce
litigation.
Executive Order 13175, Indian Tribal Governments
Under the criteria in Executive Order 13175, NEH evaluated this
rulemaking and determined that it will not have any potential effects
on federally recognized Indian Tribes.
Executive Order 12630, Takings
Under the criteria in Executive Order 12630, this rulemaking does
not have significant takings implications.
[[Page 19000]]
Therefore, a takings implication assessment is not required.
Regulatory Flexibility Act of 1980
This rulemaking will not have a significant adverse impact on a
substantial number of small entities, including small businesses, small
governmental jurisdictions, or certain small not-for-profit
organizations.
Paperwork Reduction Act of 1995
This rulemaking does not impose an information collection burden
under the Paperwork Reduction Act. This action contains no provisions
constituting a collection of information pursuant to the Paperwork
Reduction Act.
Unfunded Mandates Reform Act of 1995
This rulemaking does not contain a Federal mandate that will result
in the expenditure by State, local, and Tribal governments, in the
aggregate, or by the private sector of $100 million or more in any one
year.
National Environmental Policy Act of 1969
This rulemaking will not have a significant effect on the human
environment.
Small Business Regulatory Enforcement Fairness Act of 1996
This rulemaking will not be a major rule as defined in section 804
of the Small Business Regulatory Enforcement Fairness Act of 1996. This
rulemaking will not result in an annual effect on the economy of $100
million or more, a major increase in costs or prices, significant
adverse effects on competition, employment, investment, productivity,
innovation, or the ability of United States-based companies to compete
with foreign-based companies in domestic and export markets.
E-Government Act of 2002
All information about NEH required to be published in the Federal
Register may be accessed at www.neh.gov. The website
www.regulations.gov contains electronic dockets for NEH's rulemakings
under the Administrative Procedure Act of 1946.
Plain Writing Act of 2010
To ensure this rule speaks in plain and clear language so that the
public can use and understand it, NEH modeled the language of the rule
on the Federal Plain Language Guidelines.
List of Subjects in 45 CFR Parts 1168 and 1174
Administrative practice and procedure, Claims, Fraud, Lobbying,
Penalties.
For the reasons stated in the preamble, the National Endowment for
the Humanities amends 45 CFR chapter XI, subchapter D, as follows:
PART 1168--NEW RESTRICTIONS ON LOBBYING
0
1. The authority citation for part 1168 continues to read as follows:
Authority: 20 U.S.C. 959(a)(1); 28 U.S.C. 2461 note; 31 U.S.C.
1352.
0
2. Amend Sec. 1168.400 by:
0
a. In paragraphs (a), (b), and (e):
0
i. Removing ``$20,489'' and adding in its place ``$10,000'' each place
it appears.
0
ii. Removing ``$204,892'' and adding in its place ``$100,000'' each
place it appears.
0
b. Revising paragraph (g).
0
c. Adding paragraph (h).
The revision and addition read as follows:
Sec. 1168.400 Penalties.
* * * * *
(g)(1) The penalty amounts provided in table 1 to this paragraph
(g) apply to violations of this section that occurred prior to December
31, 2023, with each row listing the penalty amounts for violations that
occurred in a particular time frame.
(2) For violations of this section that occur on or after January
1, 2024, the maximum penalty range which may be assessed under this
section is the larger of:
(i) The amount for the previous calendar year; or
(ii) An amount adjusted for inflation, calculated by multiplying
the amount for the previous calendar year by the percentage by which
the Consumer Price Index for All Urban Consumers published by the
Department of Labor (CPI-U) for the month of October preceding the
current calendar year exceeds the CPI-U for the month of October of the
calendar year two years prior to the current calendar year, adding that
amount to the amount for the previous calendar year, and rounding the
total to the nearest dollar.
Table 1 to Paragraph (g)--Civil Monetary Penalty Inflation Adjustments
for Violations Prior to December 31, 2023
------------------------------------------------------------------------
Date of violation Penalty range
------------------------------------------------------------------------
October 23, 1989-December 31, 2015............. $10,000-$100,000
January 1, 2016-December 31, 2016.............. 18,936-189,361
January 1, 2017-December 31, 2017.............. 19,246-192,459
January 1, 2018-December 31, 2018.............. 19,639-196,387
January 1, 2019-December 31, 2019.............. 20,134-201,340
January 1, 2020-December 31, 2020.............. 20,489-204,892
January 1, 2021-December 31, 2021.............. 20,731-207,314
January 1, 2022-December 31, 2022.............. 22,021-220,213
January 1, 2023-December 31, 2023.............. 23,727-237,268
------------------------------------------------------------------------
(h) Notice of the maximum penalty amounts which may be assessed
under paragraphs (a), (b), and (e) of this section for calendar years
after 2023 (calculated using the formula in paragraph (g)(2) of this
section) will be published by NEH in the Federal Register on an annual
basis on or before January 15 of each calendar year.
Appendix A to Part 1168 [Amended]
0
3. Amend appendix A to part 1168 by:
0
a. Removing ``$20,489'' and adding in its place ``$10,000'' each place
it appears.
0
b. Removing ``$204,892'' and adding in its place ``$100,000'' each
place it appears.
PART 1174--PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS
0
4. The authority citation for part 1174 continues to read as follows:
Authority: 31 U.S.C. 3801-3812; 5 U.S.C. App. 8G(a)(2).
0
5. Amend Sec. 1174.3 by:
0
a. In paragraphs (a)(1) introductory text and (b)(1) introductory text,
[[Page 19001]]
removing ``$11,803'' and adding in its place ``$5,000'' each place it
appears.
0
b. Revising paragraph (f).
0
c. Adding paragraph (g).
The revision and addition read as follows:
Sec. 1174.3 Basis for civil penalties and assessments.
* * * * *
(f) Civil monetary penalty inflation adjustments. (1) The penalty
amounts provided in table 1 to this paragraph (f) apply to violations
of this section that occurred prior to December 31, 2023, with each row
listing the penalty amounts for violations that occurred in a
particular time frame.
(2) For claims or statements made on or after January 1, 2024, the
maximum penalty which may be assessed under this section is the larger
of:
(i) The amount for the previous calendar year; or
(ii) An amount adjusted for inflation, calculated by multiplying
the amount for the previous calendar year by the percentage by which
the Consumer Price Index for All Urban Consumers published by the
Department of Labor (CPI-U) for the month of October preceding the
current calendar year exceeds the CPI-U for the month of October of the
calendar year two years prior to the current calendar year, adding that
amount to the amount for the previous calendar year, and rounding the
total to the nearest dollar.
Table 1 to Paragraph (f)--Civil Monetary Penalty Inflation Adjustments
for Violations Prior to December 31, 2023
------------------------------------------------------------------------
Date of violation Penalty
------------------------------------------------------------------------
October 14, 2008-December 31, 2015......................... $5,000
January 1, 2016-December 31, 2016.......................... 10,781
January 1, 2017-December 31, 2017.......................... 10,957
January 1, 2018-December 31, 2018.......................... 11,181
January 1, 2019-December 31, 2019.......................... 11,463
January 1, 2020-December 31, 2020.......................... 11,665
January 1, 2021-December 31, 2021.......................... 11,803
January 1, 2022-December 31, 2022.......................... 12,537
January 1, 2023-December 31, 2023.......................... 13,508
------------------------------------------------------------------------
(g) Notice of civil monetary penalty inflation adjustments on or
after January 1, 2024. The authority will publish in the Federal
Register notice of the maximum penalty amount which may be assessed
under this section for calendar years after 2023 (calculated using the
formula in paragraph (f)(2) of this section) on an annual basis on or
before January 15 of each calendar year.
Dated: March 23, 2023.
Jessica Graves,
Legal Administrative Specialist, National Endowment for the Humanities.
[FR Doc. 2023-06414 Filed 3-29-23; 8:45 am]
BILLING CODE 7536-01-P
