Annual Civil Monetary Penalties Inflation Adjustment, 5435-5436 [2024-01554]

Download as PDF Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Rules and Regulations APPENDIX A TO PART 11—FEE SCHEDULE FOR FY 2024—Continued State County Wyoming ............ Fee/acre/yr Vernon ............... Vilas ................... Walworth ........... Washburn .......... Washington ....... Waukesha ......... Waupaca ........... Waushara .......... Winnebago ........ Wood ................. Albany ............... Big Horn ............ Campbell ........... Carbon ............... Converse ........... Crook ................. Fremont ............. Goshen .............. Hot Springs ....... Johnson ............. Laramie ............. Lincoln ............... Natrona .............. Niobrara ............. Park ................... Platte ................. Sheridan ............ Sublette ............. Sweetwater ........ Teton ................. Uinta .................. Washakie ........... Weston .............. 108.73 165.53 194.09 87.57 197.45 154.17 126.42 118.45 195.15 92.69 11.20 24.34 8.67 8.42 8.10 14.99 19.51 13.20 9.51 9.01 12.99 28.00 6.95 9.60 22.88 13.45 18.75 25.29 4.53 62.02 16.42 17.90 10.25 [FR Doc. 2024–01547 Filed 1–26–24; 8:45 am] BILLING CODE 6717–01–P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 45 CFR Parts 1230 and 2554 RIN 3045–AA87 Annual Civil Monetary Penalties Inflation Adjustment Corporation for National and Community Service. ACTION: Final rule. AGENCY: The Corporation for National and Community Service, which operates as AmeriCorps, is updating its regulations to reflect required annual inflation-related increases to the civil monetary penalties under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Act) and Office of Management and Budget (OMB) guidance. DATES: This rule is effective January 29, 2024. FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Office of General Counsel, at eappel@americorps.gov or 202–937–6065. SUPPLEMENTARY INFORMATION: ddrumheller on DSK120RN23PROD with RULES1 SUMMARY: VerDate Sep<11>2014 16:08 Jan 26, 2024 Jkt 262001 I. Background AmeriCorps is a Federal agency that engages millions of Americans in service. AmeriCorps members and AmeriCorps Seniors volunteers serve directly with nonprofit organizations to tackle our nation’s most pressing challenges. For more information, visit americorps.gov. AmeriCorps has two civil monetary penalties in its regulations. A civil monetary penalty under the Act is a penalty, fine, or other sanction that: (1) is for a specific monetary amount as provided by Federal law or has a maximum amount provided for by Federal law; and (2) is assessed or enforced by an agency pursuant to Federal law; and (3) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. (See 28 U.S.C. 2461 note.) A civil monetary penalty does not include a penalty levied for violation of a criminal statute, or fees for services, licenses, permits, or other regulatory review. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (sec. 701 of Pub. L. 114–74) (the ‘‘Act’’) requires agencies to adjust their civil monetary penalties for inflation annually. This rule updates AmeriCorps’ two civil penalties for inflation. II. Method of Calculation The inflation adjustment for each applicable civil monetary penalty is determined using the percent increase in the Consumer Price Index for all Urban Consumers (CPI–U) for the month of October of the year in which the amount of each civil money penalty was most recently established or modified. See December 19, 2023, OMB Memo for the Heads of Executive Departments and Agencies, M–24–07, Implementation of Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The cost-of-living adjustment multiplier for 2024, based on the CPI–U for the month of October 2023, not seasonally adjusted, is 1.03241. The agency identified two civil penalties in its regulations: (1) the penalty associated with Restrictions on Lobbying (45 CFR 1230.400) and (2) the penalty associated with the Program Fraud Civil Remedies Act (45 CFR 2554.1): • The civil monetary penalties related to Restrictions on Lobbying (45 CFR 1230.400) range from $23,728 to $237,267. Using the 2024 multiplier, the new range of possible civil monetary penalties is from $24,497 to $244,957. PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 5435 • The Program Fraud Civil Remedies Act of 1986 (45 CFR 2554.1) civil monetary penalty has an upper limit of $13,508. Using the 2024 multiplier, the new upper limit of the civil monetary penalty is $13,946. III. Summary of Final Rule This final rule adjusts the civil monetary penalty amounts related to Restrictions on Lobbying (45 CFR 1230.400) and the Program Fraud Civil Remedies Act of 1986 (45 CFR 2554.1). The range of civil monetary penalties related to Restrictions on Lobbying increase from ‘‘$23,728 to $237,267’’ to ‘‘$24,497 to $244,957.’’ The civil monetary penalties for the Program Fraud Civil Remedies Act of 1986 increase from ‘‘up to $13,508’’ to ‘‘up to $13,946.’’ IV. Regulatory Procedures A. Determination of Good Cause for Publication Without Notice and Comment and With an Immediate Effective Date Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 553) provides that, when an agency for good cause finds that notice and public comment procedures are impracticable, unnecessary, or contrary to the public interest, then the agency may issue a rule without providing notice and an opportunity for prior public comment. The agency finds that there is good cause to except this rule from the public notice and comment provisions of the APA in this case. Because the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 requires the agency to update its regulations based on a prescribed formula, the agency has no discretion in the nature or amount of the change to the civil monetary penalties to reflect any views or suggestions provided by commenters. Accordingly, it would serve no purpose to provide an opportunity for public comment on this rule prior to promulgation. Thus, providing for notice and public comment is impracticable and unnecessary. Additionally, it would not be possible to meet the deadlines imposed by the Act if we were to first publish a proposed rule, allow the public sufficient time to submit comments, analyze the comments, and publish a final rule. Therefore, notice and comment for these proscribed updates is impracticable and unnecessary. Furthermore, the agency finds under section 553(d)(3) of the APA that good cause exists to make this final rule effective immediately upon publication in the Federal Register. In the Act, E:\FR\FM\29JAR1.SGM 29JAR1 5436 Federal Register / Vol. 89, No. 19 / Monday, January 29, 2024 / Rules and Regulations Congress expressly required Federal agencies to publish annual inflation adjustments to civil penalties in the Federal Register by January 15 of each year, notwithstanding section 553 of the APA. Under the statutory framework and OMB guidance, the new penalty levels take effect immediately upon the effective date of the adjustment. The statutory deadline does not allow time to delay this rule’s effective date beyond publication. Moreover, a delayed effective date would delay application of the new penalty levels, contrary to Congress’s intent. Accordingly, we are issuing the annual adjustments as a final rule without prior notice or an opportunity for comment and with an effective date immediately upon publication in the Federal Register. B. Review Under Procedural Statutes and Executive Orders The agency has determined that making technical changes to the amount of civil monetary penalties in its regulations does not trigger any requirements under procedural statutes and Executive orders that govern rulemaking procedures. List of Subjects 45 CFR Part 1230 Government contracts, Grant programs, Loan programs, Lobbying, Penalties, Reporting and recordkeeping requirements. 45 CFR Part 2554 Claims, Fraud, Organization and functions (Government agencies), Penalties. For the reasons discussed in the preamble, under the authority of 42 U.S.C. 12651c(c), the Corporation for National and Community Service amends chapters XII and XXV, title 45 of the Code of Federal Regulations as follows: PART 1230—NEW RESTRICTIONS ON LOBBYING 1. The authority citation for part 1230 continues to read as follows: ■ Authority: Section 319, Pub. L. 101–121 (31 U.S.C. 1352); Pub. L. 93–113; 42 U.S.C. 4951, et seq.; 42 U.S.C. 5060. ddrumheller on DSK120RN23PROD with RULES1 § 1230.400 [Amended] 2. Amend § 1230.400 by removing ‘‘$23,728’’ and ‘‘$237,267’’ wherever they appear and adding in their places ‘‘24,497’’ and ‘‘$244,957’’, respectively. ■ Appendix A to Part 1230 [Amended] 3. Amend appendix A to part 1230 by removing ‘‘$23,728’’ and ‘‘$237,267’’ ■ VerDate Sep<11>2014 16:08 Jan 26, 2024 Jkt 262001 wherever they appear and adding in their places ‘‘$24,497’’ and ‘‘$244,957’’, respectively. PART 2554—PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS 4. The authority citation for part 2554 continues to read as follows: ■ Authority: Pub. L. 99–509, Secs. 6101– 6104, 100 Stat. 1874 (31 U.S.C. 3801–3812); 42 U.S.C. 12651c–12651d. § 2554.1 [Amended] 5. Amend § 2554.1 in paragraph (b) by removing ‘‘$13,508’’ and adding in its place ‘‘$13,946’’. ■ Fernando Laguarda, General Counsel. [FR Doc. 2024–01554 Filed 1–26–24; 8:45 am] BILLING CODE 6050–28–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 220919–0193; RTID 0648– XD658] Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; Closure of the General Category January Through March Fishery for 2024 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS closes the General category fishery for Atlantic bluefin tuna (BFT) for the remainder of the January through March time period. The General category may only retain, possess, or land large medium and giant (i.e., measuring 73 inches (185 centimeters (cm)) curved fork length or greater) when open. This action applies to Atlantic Tunas General category (commercial) permitted vessels and highly migratory species (HMS) Charter/ Headboat permitted vessels with a commercial sale endorsement when fishing commercially for BFT. On June 1, 2024, the fishery will reopen automatically. DATES: Effective 11:30 p.m., local time, January 26, 2024, through March 31, 2024. FOR FURTHER INFORMATION CONTACT: Larry Redd, Jr., larry.redd@noaa.gov, or Ann Williamson, ann.williamson@ noaa.gov, 301–427–8503. SUMMARY: PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 BFT fisheries are managed under the 2006 Consolidated HMS Fishery Management Plan (FMP) and its amendments, pursuant to the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) and consistent with the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.). HMS implementing regulations are at 50 CFR part 635. Section 635.27 divides the U.S. BFT quota, established by the International Commission for the Conservation of Atlantic Tunas (ICCAT) and as implemented by the United States among the various domestic fishing categories, per the allocations established in the 2006 Consolidated HMS FMP and its amendments. NMFS is required under the Magnuson-Stevens Act at 16 U.S.C. 1854(g)(1)(D) to provide U.S. fishing vessels with a reasonable opportunity to harvest quotas under relevant international fishery agreements such as the ICCAT Convention, which is implemented domestically pursuant to ATCA. As described in § 635.27(a), the current baseline U.S. BFT quota is 1,316.14 metric tons (mt) (not including the 25 mt ICCAT allocated to the United States to account for bycatch of BFT in pelagic longline fisheries in the Northeast Distant Gear Restricted Area per § 635.27(a)(3)). The current baseline quota for the General category is 710.7 mt. The General category may only retain, possess, or land large medium and giant (i.e., measuring 73 inches (185 cm) curved fork length or greater) when open as specified at § 635.27(a)(1). The General category baseline quota is suballocated to different time periods. Relevant to this action, the baseline subquota for the January through March time period is 37.7 mt. As a result of a prior adjustment, the adjusted subquota for the January through March time period is 58.2 mt (89 FR 3361, January 18, 2024). Under § 635.28(a)(1), NMFS files a closure action with the Office of the Federal Register for publication when a BFT quota (or subquota) is reached or is projected to be reached. Retaining, possessing, or landing BFT under that quota category is prohibited on or after the effective date and time of a closure notice for that category until the opening of the relevant subsequent quota period or until such date as specified. SUPPLEMENTARY INFORMATION: Closure of the January Through March 2024 General Category Fishery To date, reported landings for the General category January through March time period total 52.5 mt. Based on E:\FR\FM\29JAR1.SGM 29JAR1

Agencies

[Federal Register Volume 89, Number 19 (Monday, January 29, 2024)]
[Rules and Regulations]
[Pages 5435-5436]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-01554]


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CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Parts 1230 and 2554

RIN 3045-AA87


Annual Civil Monetary Penalties Inflation Adjustment

AGENCY: Corporation for National and Community Service.

ACTION: Final rule.

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

SUMMARY: The Corporation for National and Community Service, which 
operates as AmeriCorps, is updating its regulations to reflect required 
annual inflation-related increases to the civil monetary penalties 
under the Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (Act) and Office of Management and Budget (OMB) guidance.

DATES: This rule is effective January 29, 2024.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Office of General 
Counsel, at americorps.gov">eappel@americorps.gov or 202-937-6065.

SUPPLEMENTARY INFORMATION: 

I. Background

    AmeriCorps is a Federal agency that engages millions of Americans 
in service. AmeriCorps members and AmeriCorps Seniors volunteers serve 
directly with nonprofit organizations to tackle our nation's most 
pressing challenges. For more information, visit americorps.gov.
    AmeriCorps has two civil monetary penalties in its regulations. A 
civil monetary penalty under the Act is a penalty, fine, or other 
sanction that: (1) is for a specific monetary amount as provided by 
Federal law or has a maximum amount provided for by Federal law; and 
(2) is assessed or enforced by an agency pursuant to Federal law; and 
(3) is assessed or enforced pursuant to an administrative proceeding or 
a civil action in the Federal courts. (See 28 U.S.C. 2461 note.) A 
civil monetary penalty does not include a penalty levied for violation 
of a criminal statute, or fees for services, licenses, permits, or 
other regulatory review.
    The Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (sec. 701 of Pub. L. 114-74) (the ``Act'') requires 
agencies to adjust their civil monetary penalties for inflation 
annually. This rule updates AmeriCorps' two civil penalties for 
inflation.

II. Method of Calculation

    The inflation adjustment for each applicable civil monetary penalty 
is determined using the percent increase in the Consumer Price Index 
for all Urban Consumers (CPI-U) for the month of October of the year in 
which the amount of each civil money penalty was most recently 
established or modified. See December 19, 2023, OMB Memo for the Heads 
of Executive Departments and Agencies, M-24-07, Implementation of 
Penalty Inflation Adjustments for 2024, Pursuant to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015. The cost-
of-living adjustment multiplier for 2024, based on the CPI-U for the 
month of October 2023, not seasonally adjusted, is 1.03241.
    The agency identified two civil penalties in its regulations: (1) 
the penalty associated with Restrictions on Lobbying (45 CFR 1230.400) 
and (2) the penalty associated with the Program Fraud Civil Remedies 
Act (45 CFR 2554.1):
     The civil monetary penalties related to Restrictions on 
Lobbying (45 CFR 1230.400) range from $23,728 to $237,267. Using the 
2024 multiplier, the new range of possible civil monetary penalties is 
from $24,497 to $244,957.
     The Program Fraud Civil Remedies Act of 1986 (45 CFR 
2554.1) civil monetary penalty has an upper limit of $13,508. Using the 
2024 multiplier, the new upper limit of the civil monetary penalty is 
$13,946.

III. Summary of Final Rule

    This final rule adjusts the civil monetary penalty amounts related 
to Restrictions on Lobbying (45 CFR 1230.400) and the Program Fraud 
Civil Remedies Act of 1986 (45 CFR 2554.1). The range of civil monetary 
penalties related to Restrictions on Lobbying increase from ``$23,728 
to $237,267'' to ``$24,497 to $244,957.'' The civil monetary penalties 
for the Program Fraud Civil Remedies Act of 1986 increase from ``up to 
$13,508'' to ``up to $13,946.''

IV. Regulatory Procedures

A. Determination of Good Cause for Publication Without Notice and 
Comment and With an Immediate Effective Date

    Section 553(b) of the Administrative Procedure Act (APA) (5 U.S.C. 
553) provides that, when an agency for good cause finds that notice and 
public comment procedures are impracticable, unnecessary, or contrary 
to the public interest, then the agency may issue a rule without 
providing notice and an opportunity for prior public comment. The 
agency finds that there is good cause to except this rule from the 
public notice and comment provisions of the APA in this case. Because 
the Federal Civil Penalties Inflation Adjustment Act Improvements Act 
of 2015 requires the agency to update its regulations based on a 
prescribed formula, the agency has no discretion in the nature or 
amount of the change to the civil monetary penalties to reflect any 
views or suggestions provided by commenters. Accordingly, it would 
serve no purpose to provide an opportunity for public comment on this 
rule prior to promulgation. Thus, providing for notice and public 
comment is impracticable and unnecessary. Additionally, it would not be 
possible to meet the deadlines imposed by the Act if we were to first 
publish a proposed rule, allow the public sufficient time to submit 
comments, analyze the comments, and publish a final rule. Therefore, 
notice and comment for these proscribed updates is impracticable and 
unnecessary.
    Furthermore, the agency finds under section 553(d)(3) of the APA 
that good cause exists to make this final rule effective immediately 
upon publication in the Federal Register. In the Act,

[[Page 5436]]

Congress expressly required Federal agencies to publish annual 
inflation adjustments to civil penalties in the Federal Register by 
January 15 of each year, notwithstanding section 553 of the APA. Under 
the statutory framework and OMB guidance, the new penalty levels take 
effect immediately upon the effective date of the adjustment. The 
statutory deadline does not allow time to delay this rule's effective 
date beyond publication. Moreover, a delayed effective date would delay 
application of the new penalty levels, contrary to Congress's intent.
    Accordingly, we are issuing the annual adjustments as a final rule 
without prior notice or an opportunity for comment and with an 
effective date immediately upon publication in the Federal Register.

B. Review Under Procedural Statutes and Executive Orders

    The agency has determined that making technical changes to the 
amount of civil monetary penalties in its regulations does not trigger 
any requirements under procedural statutes and Executive orders that 
govern rulemaking procedures.

List of Subjects

45 CFR Part 1230

    Government contracts, Grant programs, Loan programs, Lobbying, 
Penalties, Reporting and recordkeeping requirements.

45 CFR Part 2554

    Claims, Fraud, Organization and functions (Government agencies), 
Penalties.

    For the reasons discussed in the preamble, under the authority of 
42 U.S.C. 12651c(c), the Corporation for National and Community Service 
amends chapters XII and XXV, title 45 of the Code of Federal 
Regulations as follows:

PART 1230--NEW RESTRICTIONS ON LOBBYING

0
1. The authority citation for part 1230 continues to read as follows:

    Authority:  Section 319, Pub. L. 101-121 (31 U.S.C. 1352); Pub. 
L. 93-113; 42 U.S.C. 4951, et seq.; 42 U.S.C. 5060.


Sec.  1230.400  [Amended]

0
2. Amend Sec.  1230.400 by removing ``$23,728'' and ``$237,267'' 
wherever they appear and adding in their places ``24,497'' and 
``$244,957'', respectively.

Appendix A to Part 1230 [Amended]

0
3. Amend appendix A to part 1230 by removing ``$23,728'' and 
``$237,267'' wherever they appear and adding in their places 
``$24,497'' and ``$244,957'', respectively.

PART 2554--PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS

0
4. The authority citation for part 2554 continues to read as follows:

    Authority:  Pub. L. 99-509, Secs. 6101-6104, 100 Stat. 1874 (31 
U.S.C. 3801-3812); 42 U.S.C. 12651c-12651d.


Sec.  2554.1  [Amended]

0
5. Amend Sec.  2554.1 in paragraph (b) by removing ``$13,508'' and 
adding in its place ``$13,946''.

Fernando Laguarda,
General Counsel.
[FR Doc. 2024-01554 Filed 1-26-24; 8:45 am]
BILLING CODE 6050-28-P
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