Implementation of the Federal Civil Penalties Inflation Adjustment Act and Adjustment of Amounts for 2023, 24905-24906 [2023-08676]
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Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations
‘‘significant regulatory action’’ under
Executive Order 12866; (2) is not a
‘‘significant rule’’ under DOT regulatory
Policies and Procedures (44 FR 11034;
February 26, 1979); and (3) does not
warrant preparation of a regulatory
evaluation as the anticipated impact is
so minimal. For the same reason, the
FAA certifies that this amendment will
not have a significant economic impact
on a substantial number of small entities
under the criteria of the Regulatory
Flexibility Act.
List of Subjects in 14 CFR Part 97
Air Traffic Control, Airports,
Incorporation by reference, Navigation
(Air).
Issued in Washington, DC, on March 31,
2023.
Thomas J. Nichols,
Manager, Aviation Safety, Flight Standards
Service, Standards Section, Flight Procedures
& Airspace Group, Flight Technologies &
Procedures Division.
Adoption of the Amendment
Accordingly, pursuant to the
authority delegated to me, 14 CFR part
97 is amended by amending Standard
Instrument Approach Procedures and
Takeoff Minimums and ODPs, effective
at 0901 UTC on the dates specified, as
follows:
PART 97—STANDARD INSTRUMENT
APPROACH PROCEDURES
Authority: 49 U.S.C. 106(f), 106(g), 40103,
40106, 40113, 40114, 40120, 44502, 44514,
44701, 44719, 44721–44722.
2. Part 97 is amended to read as
follows:
By amending: § 97.23 VOR, VOR/
DME, VOR or TACAN, and VOR/DME
or TACAN; § 97.25 LOC, LOC/DME,
LDA, LDA/DME, SDF, SDF/DME;
§ 97.27 NDB, NDB/DME; § 97.29 ILS,
ILS/DME, MLS, MLS/DME, MLS/RNAV;
§ 97.31 RADAR SIAPs; § 97.33 RNAV
SIAPs; and § 97.35 COPTER SIAPs,
Identified as follows:
■
* * * Effective Upon Publication
1. The authority citation for part 97
continues to read as follows:
■
AIRAC date
18–May–23
18–May–23
18–May–23
18–May–23
State
.......
.......
.......
.......
MO
ND
ND
NE
City
Airport
Columbia ...............
Lisbon ...................
Lisbon ...................
Broken Bow ..........
Columbia Rgnl ......................
Lisbon Muni ..........................
Lisbon Muni ..........................
Broken Bow Muni/Keith
Glaze Fld.
BILLING CODE 4910–13–P
14 CFR Parts 1264 and 1271
RIN 2700–AE67
[NASA Document Number: NASA–23–015]
Implementation of the Federal Civil
Penalties Inflation Adjustment Act and
Adjustment of Amounts for 2023
National Aeronautics and
Space Administration.
ACTION: Final rule.
AGENCY:
The National Aeronautics and
Space Administration (NASA) has
adopted a final rule making inflation
adjustments to civil monetary penalties
within its jurisdiction. This final rule
represents the annual 2023 inflation
adjustments of monetary penalties.
These adjustments are required by the
lotter on DSK11XQN23PROD with RULES1
This final rule is effective April
25, 2023.
FOR FURTHER INFORMATION CONTACT:
Bryan R. Diederich, Office of the
General Counsel, NASA Headquarters,
(202) 358–0216.
SUPPLEMENTARY INFORMATION:
DATES:
NATIONAL AERONAUTICS AND
SPACE ADMINISTRATION
FDC date
3/4628
3/7354
3/7356
3/7358
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015.
[FR Doc. 2023–08691 Filed 4–24–23; 8:45 am]
SUMMARY:
FDC No.
I. Background
The Inflation Adjustment Act, as
amended by the 2015 Act, required
Federal agencies to adjust the civil
penalty amounts within their
jurisdiction for inflation by July 1, 2016.
Subsequent to the 2016 adjustment,
Federal agencies were required to make
an annual inflation adjustment by
January 15 every year thereafter.1 Under
the amended Act, any increase in a civil
penalty made under the Act will apply
to penalties assessed after the increase
takes effect, including penalties whose
associated violation predated the
3/15/23
3/14/23
3/14/23
3/14/23
Subject
ILS OR LOC RWY 2, Amdt 18.
RNAV (GPS) RWY 14, Orig.
RNAV (GPS) RWY 32, Orig.
VOR RWY 14, Amdt 4D.
increase.2 The inflation adjustments
mandated by the Act serve to maintain
the deterrent effect of civil penalties and
to promote compliance with the law.
Pursuant to the Act, adjustments to
the civil penalties are required to be
made by January 15 of each year. The
annual adjustments are based on the
percent change between the United
States Department of Labor’s Consumer
Price Index for All Urban Consumers
(CPI–U) for the month of October
preceding the date of the adjustment
and the CPI–U for October of the prior
year (28 U.S.C. 2461 note, section
(5)(b)(1)). Based on that formula, the
cost-of-living adjustment multiplier for
the 2023 adjustment is 1.07745.
Pursuant to the 2015 Act, adjustments
are rounded to the nearest dollar.
II. The Final Rule
This final rule makes the required
adjustments to civil penalties for 2023.
Applying the 2023 multiplier above, the
adjustments for each penalty are
summarized below.
Law
Penalty description
Program Fraud Civil Remedies Act of 1986 ...............................
Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319.
Maximum Penalties for False Claims ................
Minimum Penalty for use of appropriated funds
to lobby or influence certain contracts.
1 See
28 U.S.C. 2461 note.
VerDate Sep<11>2014
15:44 Apr 24, 2023
2022 Penalty
2 Inflation Adjustment Act section 6, codified at
28 U.S.C. 2461 note.
Jkt 259001
PO 00000
Frm 00009
Fmt 4700
Sfmt 4700
E:\FR\FM\25APR1.SGM
25APR1
$12,537
22,021
Penalty
adjusted
for 2023
$13,508
23,727
24906
Federal Register / Vol. 88, No. 79 / Tuesday, April 25, 2023 / Rules and Regulations
Law
Penalty description
Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319.
Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319.
Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 319.
This rule codifies these civil penalty
amounts by amending parts 1264 and
1271 of title 14 of the CFR.
III. Legal Authority and Effective Date
NASA issues this rule under the
Federal Civil Penalties Inflation
Adjustment Act of 1990,3 as amended
by the Debt Collection Improvement Act
of 1996,4 and further amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015,5 which requires NASA to adjust
the civil penalties within its jurisdiction
for inflation according to a statutorily
prescribed formula.
Section 553 of title 5 of the United
States Code generally requires an agency
to publish a rule at least 30 days before
its effective date to allow for advance
notice and opportunity for public
comments.6 After the initial adjustment
for 2016, however, the Civil Penalties
Inflation Adjustment Act requires
agencies to make subsequent annual
adjustments for inflation
‘‘notwithstanding section 553 of title 5,
United States Code.’’ Moreover, the
2023 adjustments are made according to
a statutory formula that does not
provide for agency discretion.
Accordingly, a delay in effectiveness
of the 2023 adjustments is not required.
lotter on DSK11XQN23PROD with RULES1
IV. Regulatory Requirements
Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This rule is not a significant
regulatory action under E.O. 12866 and
3 Public
Law 101–410, 104 Stat. 890 (1990).
Law 104–134, section 31001(s)(1), 110
Stat. 1321, 1321–373 (1996).
5 Public Law 114–74, section 701, 129 Stat. 584,
599 (2015).
6 See 5 U.S.C. 533(d).
4 Public
VerDate Sep<11>2014
15:44 Apr 24, 2023
Jkt 259001
2022 Penalty
Maximum Penalty for use of appropriated
funds to lobby or influence certain contracts.
Minimum penalty for failure to report certain
lobbying transactions.
Maximum penalty for failure to report certain
lobbying transactions.
was not reviewed by the Office of
Management and Budget (OMB).
Regulatory Flexibility Act
Because no notice of proposed
rulemaking is required, the Regulatory
Flexibility Act does not require an
initial or final regulatory flexibility
analysis.7
Paperwork Reduction Act
No collections of information
pursuant to the Paperwork Reduction
Act are contained in the final rule.
List of Subjects in 14 CFR Parts 1264
and 1271
Claims, Lobbying, Penalties.
For the reasons stated in the
preamble, NASA is amending 14 CFR
parts 1264 and 1271 as follows:
Penalty
adjusted
for 2023
220,213
237,268
22,021
23,727
220,213
237,268
their place ‘‘$23,727’’ and remove
‘‘$220,213’’ and add in its place
‘‘$237,268’’.
Appendix A to Part 1271 [Amended]
5. In appendix A to part 1271:
a. Remove ‘‘$22,021’’ everywhere it
appears and add in its place ‘‘$23,727.’’
■ b. Remove ‘‘$220,213’’ everywhere it
appears and add in its place
‘‘$237,268.’’
■
■
Nanette Smith,
Team Lead, NASA Directives and
Regulations.
[FR Doc. 2023–08676 Filed 4–24–23; 8:45 am]
BILLING CODE 7510–13–P
DEPARTMENT OF HOMELAND
SECURITY
PART 1264—IMPLEMENTATION OF
THE PROGRAM FRAUD CIVIL
PENALTIES ACT OF 1986
Coast Guard
1. The authority citation for part 1264
continues to read as follows:
[Docket Number USCG–2023–0176]
■
Authority: 31 U.S.C. 3809, 51 U.S.C.
20113(a).
§ 1264.102
[Amended]
2. In § 1264.102, in the undesignated
paragraphs following paragraph
(a)(1)(iv) and (b)(1)(ii), remove
‘‘$12,537’’ and add in its place
‘‘$13,508’’.
■
PART 1271—NEW RESTRICTIONS ON
LOBBYING
3. The authority citation for part 1271
continues to read as follows:
■
Authority: Section 319, Pub. L. 101–121
(31 U.S.C. 1352); Pub. L. 97–258 (31 U.S.C.
6301 et seq.)
§ 1271.400
[Amended]
4. In § 1271.400:
a. In paragraphs (a) and (b), remove
the words ‘‘not less than $22,021 and
not more than $220,213’’ and add in
their place the words ‘‘not less than
$23,727 and not more than $237,268.’’
■ b. In paragraph (e), remove the two
occurrences of ‘‘$22,021’’ and add in
■
■
75
PO 00000
U.S.C. 603(a), 604(a).
Frm 00010
Fmt 4700
Sfmt 4700
33 CFR Part 100
RIN 1625–AA08
Special Local Regulation; Sail Grand
Prix, Season 3 Race Event, San
Francisco, CA
Coast Guard, DHS.
Temporary final rule.
AGENCY:
ACTION:
The Coast Guard is
establishing a temporary special local
regulation in the navigable waters of the
San Francisco Bay in San Francisco, CA
in support of the San Francisco Sail
Grand Prix, Season 3 race periods. This
special local regulation is necessary to
provide for the safety of life on these
navigable waters and to ensure the
safety of mariners transiting the area
from the dangers associated with highspeed sailing vessels participating in the
Sail Grand Prix race event. This
rulemaking will prohibit persons and
vessels from entering, transiting
through, anchoring, blocking, or
loitering within the event area adjacent
to the city of San Francisco waterfront
near the Golden Gate Bridge and
Alcatraz Island, unless authorized by
the Captain of the Port San Francisco or
a designated representative.
SUMMARY:
E:\FR\FM\25APR1.SGM
25APR1
]]>Agencies
[Federal Register Volume 88, Number 79 (Tuesday, April 25, 2023)]
[Rules and Regulations]
[Pages 24905-24906]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-08676]
=======================================================================
-----------------------------------------------------------------------
NATIONAL AERONAUTICS AND SPACE ADMINISTRATION
14 CFR Parts 1264 and 1271
RIN 2700-AE67
[NASA Document Number: NASA-23-015]
Implementation of the Federal Civil Penalties Inflation
Adjustment Act and Adjustment of Amounts for 2023
AGENCY: National Aeronautics and Space Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Aeronautics and Space Administration (NASA) has
adopted a final rule making inflation adjustments to civil monetary
penalties within its jurisdiction. This final rule represents the
annual 2023 inflation adjustments of monetary penalties. These
adjustments are required by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015.
DATES: This final rule is effective April 25, 2023.
FOR FURTHER INFORMATION CONTACT: Bryan R. Diederich, Office of the
General Counsel, NASA Headquarters, (202) 358-0216.
SUPPLEMENTARY INFORMATION:
I. Background
The Inflation Adjustment Act, as amended by the 2015 Act, required
Federal agencies to adjust the civil penalty amounts within their
jurisdiction for inflation by July 1, 2016. Subsequent to the 2016
adjustment, Federal agencies were required to make an annual inflation
adjustment by January 15 every year thereafter.\1\ Under the amended
Act, any increase in a civil penalty made under the Act will apply to
penalties assessed after the increase takes effect, including penalties
whose associated violation predated the increase.\2\ The inflation
adjustments mandated by the Act serve to maintain the deterrent effect
of civil penalties and to promote compliance with the law.
---------------------------------------------------------------------------
\1\ See 28 U.S.C. 2461 note.
\2\ Inflation Adjustment Act section 6, codified at 28 U.S.C.
2461 note.
---------------------------------------------------------------------------
Pursuant to the Act, adjustments to the civil penalties are
required to be made by January 15 of each year. The annual adjustments
are based on the percent change between the United States Department of
Labor's Consumer Price Index for All Urban Consumers (CPI-U) for the
month of October preceding the date of the adjustment and the CPI-U for
October of the prior year (28 U.S.C. 2461 note, section (5)(b)(1)).
Based on that formula, the cost-of-living adjustment multiplier for the
2023 adjustment is 1.07745. Pursuant to the 2015 Act, adjustments are
rounded to the nearest dollar.
II. The Final Rule
This final rule makes the required adjustments to civil penalties
for 2023. Applying the 2023 multiplier above, the adjustments for each
penalty are summarized below.
----------------------------------------------------------------------------------------------------------------
Penalty
Law Penalty description 2022 Penalty adjusted
for 2023
----------------------------------------------------------------------------------------------------------------
Program Fraud Civil Remedies Act of 1986....... Maximum Penalties for False Claims $12,537 $13,508
Department of the Interior and Related Agencies Minimum Penalty for use of 22,021 23,727
Appropriations Act of 1989, Public Law 101- appropriated funds to lobby or
121, sec. 319. influence certain contracts.
[[Page 24906]]
Department of the Interior and Related Agencies Maximum Penalty for use of 220,213 237,268
Appropriations Act of 1989, Public Law 101- appropriated funds to lobby or
121, sec. 319. influence certain contracts.
Department of the Interior and Related Agencies Minimum penalty for failure to 22,021 23,727
Appropriations Act of 1989, Public Law 101- report certain lobbying
121, sec. 319. transactions.
Department of the Interior and Related Agencies Maximum penalty for failure to 220,213 237,268
Appropriations Act of 1989, Public Law 101- report certain lobbying
121, sec. 319. transactions.
----------------------------------------------------------------------------------------------------------------
This rule codifies these civil penalty amounts by amending parts
1264 and 1271 of title 14 of the CFR.
III. Legal Authority and Effective Date
NASA issues this rule under the Federal Civil Penalties Inflation
Adjustment Act of 1990,\3\ as amended by the Debt Collection
Improvement Act of 1996,\4\ and further amended by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015,\5\ which
requires NASA to adjust the civil penalties within its jurisdiction for
inflation according to a statutorily prescribed formula.
---------------------------------------------------------------------------
\3\ Public Law 101-410, 104 Stat. 890 (1990).
\4\ Public Law 104-134, section 31001(s)(1), 110 Stat. 1321,
1321-373 (1996).
\5\ Public Law 114-74, section 701, 129 Stat. 584, 599 (2015).
---------------------------------------------------------------------------
Section 553 of title 5 of the United States Code generally requires
an agency to publish a rule at least 30 days before its effective date
to allow for advance notice and opportunity for public comments.\6\
After the initial adjustment for 2016, however, the Civil Penalties
Inflation Adjustment Act requires agencies to make subsequent annual
adjustments for inflation ``notwithstanding section 553 of title 5,
United States Code.'' Moreover, the 2023 adjustments are made according
to a statutory formula that does not provide for agency discretion.
---------------------------------------------------------------------------
\6\ See 5 U.S.C. 533(d).
---------------------------------------------------------------------------
Accordingly, a delay in effectiveness of the 2023 adjustments is
not required.
IV. Regulatory Requirements
Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and 13563 direct agencies to assess
all costs and benefits of available regulatory alternatives and, if
regulation is necessary, to select regulatory approaches that maximize
net benefits (including potential economic, environmental, public
health and safety effects, distributive impacts, and equity). E.O.
13563 emphasizes the importance of quantifying both costs and benefits,
of reducing costs, of harmonizing rules, and of promoting flexibility.
This rule is not a significant regulatory action under E.O. 12866 and
was not reviewed by the Office of Management and Budget (OMB).
Regulatory Flexibility Act
Because no notice of proposed rulemaking is required, the
Regulatory Flexibility Act does not require an initial or final
regulatory flexibility analysis.\7\
---------------------------------------------------------------------------
\7\ 5 U.S.C. 603(a), 604(a).
---------------------------------------------------------------------------
Paperwork Reduction Act
No collections of information pursuant to the Paperwork Reduction
Act are contained in the final rule.
List of Subjects in 14 CFR Parts 1264 and 1271
Claims, Lobbying, Penalties.
For the reasons stated in the preamble, NASA is amending 14 CFR
parts 1264 and 1271 as follows:
PART 1264--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT
OF 1986
0
1. The authority citation for part 1264 continues to read as follows:
Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a).
Sec. 1264.102 [Amended]
0
2. In Sec. 1264.102, in the undesignated paragraphs following
paragraph (a)(1)(iv) and (b)(1)(ii), remove ``$12,537'' and add in its
place ``$13,508''.
PART 1271--NEW RESTRICTIONS ON LOBBYING
0
3. The authority citation for part 1271 continues to read as follows:
Authority: Section 319, Pub. L. 101-121 (31 U.S.C. 1352); Pub.
L. 97-258 (31 U.S.C. 6301 et seq.)
Sec. 1271.400 [Amended]
0
4. In Sec. 1271.400:
0
a. In paragraphs (a) and (b), remove the words ``not less than $22,021
and not more than $220,213'' and add in their place the words ``not
less than $23,727 and not more than $237,268.''
0
b. In paragraph (e), remove the two occurrences of ``$22,021'' and add
in their place ``$23,727'' and remove ``$220,213'' and add in its place
``$237,268''.
Appendix A to Part 1271 [Amended]
0
5. In appendix A to part 1271:
0
a. Remove ``$22,021'' everywhere it appears and add in its place
``$23,727.''
0
b. Remove ``$220,213'' everywhere it appears and add in its place
``$237,268.''
Nanette Smith,
Team Lead, NASA Directives and Regulations.
[FR Doc. 2023-08676 Filed 4-24-23; 8:45 am]
BILLING CODE 7510-13-P
