Civil Monetary Penalties Inflation Adjustment, 103662-103663 [2024-30242]
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103662
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Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations
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Federal Register. Pursuant to the 2015
Act, agencies are required to adjust the
level of the CMP with an initial ‘‘fix‘‘,
and make subsequent annual
adjustments for inflation. Catch up
adjustments are based on the percent
change between the Consumer Price
Index for Urban Consumers (CPI–U) for
the month of October for the year of the
previous adjustment, and the October
2015 CPI–U. Annual inflation
adjustments will be based on the
percent change between the October
CPI–U preceding the date of adjustment
and the prior year’s October CPI–U.
*
[FR Doc. 2024–29061 Filed 12–18–24; 8:45 am]
BILLING CODE 6560–50–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 105–70
[FPMR Case 2025–01; Docket No. GSA–
FPMR–2025–0021; Sequence No. 1]
RIN 3090–AK89
Civil Monetary Penalties Inflation
Adjustment
The Office of the General
Counsel, General Services
Administration.
ACTION: Final rule.
AGENCY:
In accordance with the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996, and further amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvement Act of
2015, this final rule applies the inflation
adjustments for GSA’s civil monetary
penalties.
DATES: Effective 30 days after the date of
publication.
FOR FURTHER INFORMATION CONTACT: Mr.
Aaron Pound, Assistant General
Counsel, General Law Division (LG),
General Services Administration, 1800 F
Street NW, Washington DC 20405.
Telephone Number 202–501–1460.
SUPPLEMENTARY INFORMATION:
lotter on DSK11XQN23PROD with RULES1
SUMMARY:
I. The Debt Collection Improvement Act
of 1996
To maintain the remedial impact of
civil monetary penalties (CMPs) and to
promote compliance with the law, the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410) was amended by the Debt
Collection Improvement Act of 1996
(Pub. L. 104–134) and the Federal Civil
Penalties Inflation Adjustment Act
Improvement Act of 2015 (Sec. 701 of
Pub. L. 114–74) to require Federal
agencies to regularly adjust certain
CMPs for inflation. As amended, the law
requires each agency to make an initial
inflationary adjustment for all
applicable CMPs, and to make further
adjustments at least once every year
thereafter for these penalty amounts.
The Debt Collection Improvement Act of
1996 further stipulates that any
resulting increases in a CMP due to the
calculated inflation adjustments shall
apply only to violations which occur
after the date the increase takes effect 30
days after the date of publication in the
VerDate Sep<11>2014
16:31 Dec 18, 2024
Jkt 265001
II. The Program Fraud Civil Remedies
Act of 1986
Sections 6103 and 6104 of the
Omnibus Budget Reconciliation Act of
1986 (Pub. L. 99–509) set forth the
Program Fraud Civil Remedies Act of
1986 (PFCRA). Specifically, this statute
imposes a CMP and an assessment
against any person who, with
knowledge or reason to know, makes,
submits, or presents a false, fictitious, or
fraudulent claim or statement to the
Government. The General Services
Administration’s regulations, published
in the Federal Register (61 FR 246,
December 20, 1996) and codified at 41
CFR part 105–70, currently set forth a
CMP of up to $13,400 for each false
claim or statement made to the agency.
Based on the penalty amount inflation
factor calculation, derived from
originally dividing the October 2023 CPI
by the October 2024 CPI and making the
CPI-based annual adjustment thereafter,
after rounding, we are adjusting the
maximum penalty amount for this CMP
to $13,700 for each false claim or
statement made to the agency.
III. Subsequent Annual Adjustments
The 2015 Act also requires agencies to
make annual adjustments to civil
penalty amounts no later than January
15 of each year following the initial
adjustment described above. For
subsequent adjustments made in
accordance with the 2015 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 GSA adjusts penalties in
January 2026, the adjustment will be
calculated based on the percent change
between the CPI–U for October 2026
(the October immediately preceding the
date of adjustment) and October 2025
(the October one year prior to October
2026). GSA will publish the amount of
PO 00000
Frm 00036
Fmt 4700
Sfmt 4700
these annual inflation adjustments in
the Federal Register no later than
January 15 of each year, starting in 2026.
IV. Public Participation
The Federal Civil Penalties Inflation
Adjustment Act Improvement Act of
2015 expressly exempts this final rule
from the notice and comment
requirements of the Administrative
Procedure Act by directing agencies to
adjust civil monetary penalties for
inflation ‘‘notwithstanding section 553
of title 5, United States Code’’ (Pub. L.
114–74, 129 Stat. 599; 28 U.S.C. 2461
note). As such, this final rule is being
issued without prior public notice or
opportunity for public comment, with
an effective date 30 days after the date
of publication in the Federal Register.
V. 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. The Office of Management
and Budget (OMB) has reviewed this
final rule in accordance with the
provisions of E.O. 12866 and has
determined that it does not meet the
criteria for a significant regulatory
action and thus was not subject to
review under Section 6(b) of E.O. 12866.
As indicated above, the provisions
contained in this final rulemaking set
forth the inflation adjustments in
compliance with the Federal Civil
Penalties Inflation Adjustment Act of
1990, as amended, for specific
applicable CMPs. The great majority of
individuals, organizations and entities
addressed through these regulations do
not engage in such prohibited conduct,
and as a result, we believe that any
aggregate economic impact of these
revised regulations will be minimal,
affecting only those limited few who
may engage in prohibited conduct in
violation of the statute. As such, this
final rule and the inflation adjustment
contained therein should have no effect
on Federal or State expenditures.
VI. Congressional Review Act
The agency and the Office of
Information and Regulatory Affairs,
OMB have determined that this rule is
not a major rule under 5 U.S.C. 804(2).
Subtitle E of the Small Business
E:\FR\FM\19DER1.SGM
19DER1
Federal Register / Vol. 89, No. 244 / Thursday, December 19, 2024 / Rules and Regulations
Regulatory Enforcement Fairness Act of
1996 (codified at 5 U.S.C. 801–808), also
known as the Congressional Review Act
or CRA, generally provides that before a
rule may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. GSA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States.
VII. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA)
requires an agency to prepare a
regulatory flexibility analysis for rules
unless the agency certifies that the rule
will not have a significant economic
impact on a substantial number of small
entities. The RFA applies only to rules
for which an agency is required to first
publish a proposed rule. See 5 U.S.C.
603(a) and 604(a). As explained above,
GSA is not required to first publish a
proposed rule here. Thus, the RFA does
not apply to this final rule.
paragraphs (a)(1)(iv) or (b)(1)(ii) of this
section, is the larger of:
(1) The amount for the previous
calendar year, or
(2) An amount adjusted for inflation,
calculated by multiplying the amount
for the previous calendar year by the
percentage by which the 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
hundred dollar increment.
(g) Notice of the maximum penalty
which may be assessed under
paragraphs (a)(1)(iv) and (b)(1)(ii) of this
section for calendar year 2026 and
thereafter will be published by GSA in
the Federal Register on an annual basis
on or before January 15 of each calendar
year.
[FR Doc. 2024–30242 Filed 12–18–24; 8:45 am]
BILLING CODE 6820–81–P
DEPARTMENT OF THE INTERIOR
Bureau of Land Management
VIII. Paperwork Reduction Act
This final rule imposes no new
reporting or recordkeeping requirements
necessitating clearance by OMB.
List of Subjects in 41 CFR Part 105–70
Administrative hearing, Claims,
Program fraud.
Robin Carnahan,
Administrator.
1. The authority citation for part 105–
70 continues to read as follows:
■
Authority: 40 U.S.C. 121(c); 31 U.S.C.
3809.
2. Amend § 105–70.003 by—
a. Removing from paragraph (a)(1)(iv)
the amount ‘‘13,400’’ and adding
‘‘13,700’’ in its place;
■ b. Removing from paragraph (b)(1)(ii)
the amount ‘‘13,400’’ and adding
‘‘13,700’’ in its place; and
■ c. Adding paragraphs (f) and (g).
The additions read as follows:
■
■
lotter on DSK11XQN23PROD with RULES1
Final Supplementary Rule for Public
Lands in the Colorado River Valley,
Grand Junction and Kremmling Field
Offices, and the Dominguez-Escalante
National Conservation Area, CO
Bureau of Land Management,
Interior.
ACTION: Final supplementary rule.
PART 105–70—IMPLEMENTATION OF
THE PROGRAM FRAUD CIVIL
REMEDIES ACT OF 1986
§ 105–70.003 Basis for civil penalties and
assessments.
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(f) For violations occurring on or after
January 1, 2025, the maximum penalty,
which may be assessed under
16:31 Dec 18, 2024
[PO #4820000251]
AGENCY:
Accordingly, 41 CFR part 105–70 is
amended as set forth below:
VerDate Sep<11>2014
43 CFR Part 8360
Jkt 265001
The Bureau of Land
Management (BLM) is finalizing a
supplementary rule to protect natural
resources and public health and safety.
The final supplementary rule applies to
public lands and BLM facilities
managed by the Colorado River Valley,
Grand Junction, and Kremmling Field
Offices, and the Dominguez-Escalante
National Conservation Area (NCA) in
Colorado managed by the Grand
Junction and Uncompahgre Field
Offices.
DATES: This final supplementary rule is
effective January 18, 2025.
ADDRESSES: Inquiries may be directed to
the Colorado River Valley Field Office at
(970) 876–9000 or 2300 River Frontage
Road, Silt, CO 81652; the Grand
Junction Field Office at (970) 244–3000
or 2815 H Road, Grand Junction, CO
81506; or the Kremmling Field Office at
(970) 724–3000 or 2103 E. Park Avenue,
Kremmling, CO 81459.
SUMMARY:
PO 00000
Frm 00037
Fmt 4700
Sfmt 4700
103663
The final rule and accompanying
documentation are available for
inspection on the ePlanning website at:
https://eplanning.blm.gov/eplanning-ui/
project/90071/510.
FOR FURTHER INFORMATION CONTACT: Erin
Jones, Upper Colorado River District
Associate District Manager, 2815 H
Road, Grand Junction, CO 81506;
telephone (970) 244–3008; email:
erjones@blm.gov. Individuals in the
United States who are deaf, deafblind,
hard of hearing, or have a speech
disability may dial 711 (TTY, TDD, or
TeleBraille) to access
telecommunications relay services.
Individuals outside the United States
should use the relay services offered
within their country to make
international calls to the point-ofcontact in the United States.
SUPPLEMENTARY INFORMATION:
I. Background
The BLM is establishing this
supplementary rule under the authority
of 43 CFR 8365.1–6, which authorizes
BLM State Directors to establish
supplementary rules for the protection
of persons, property, and public lands
and resources.
The BLM approved resource
management plans (RMPs) for the
Colorado River Valley, Grand Junction,
and Kremmling Field Offices in 2015,
and for the Dominguez-Escalante NCA
in 2017. The RMPs identify
management actions that restrict certain
activities and define allowable uses to
protect natural resources and public
health and safety. This final
supplementary rule is necessary to
implement those management decisions
and make them enforceable.
The field offices completed their RMP
processes and issued Records of
Decision (RODs) after inviting the
public to comment during scoping and
public-comment periods. The field
offices reviewed each public comment
received during each step of the process
and responded to all comments received
during the public comment periods.
(See the individual RMPs for responses
to public comments.)
II. Discussion of Public Comments
The BLM published a proposed
supplementary rule on January 25, 2024
(89 FR 4872). The BLM received 432
comment letters during the 60-day
public comment period, 344 of which
were identical form letters and 88 of
which were unique comments. Of those
88 unique comment letters, 17
contained substantive comments. Many
comment letters expressed support for
the proposed supplementary rule, but
E:\FR\FM\19DER1.SGM
19DER1
]]>Agencies
[Federal Register Volume 89, Number 244 (Thursday, December 19, 2024)]
[Rules and Regulations]
[Pages 103662-103663]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30242]
=======================================================================
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GENERAL SERVICES ADMINISTRATION
41 CFR Part 105-70
[FPMR Case 2025-01; Docket No. GSA-FPMR-2025-0021; Sequence No. 1]
RIN 3090-AK89
Civil Monetary Penalties Inflation Adjustment
AGENCY: The Office of the General Counsel, General Services
Administration.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: In accordance with the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by the Debt Collection Improvement
Act of 1996, and further amended by the Federal Civil Penalties
Inflation Adjustment Act Improvement Act of 2015, this final rule
applies the inflation adjustments for GSA's civil monetary penalties.
DATES: Effective 30 days after the date of publication.
FOR FURTHER INFORMATION CONTACT: Mr. Aaron Pound, Assistant General
Counsel, General Law Division (LG), General Services Administration,
1800 F Street NW, Washington DC 20405. Telephone Number 202-501-1460.
SUPPLEMENTARY INFORMATION:
I. The Debt Collection Improvement Act of 1996
To maintain the remedial impact of civil monetary penalties (CMPs)
and to promote compliance with the law, the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. 101-410) was amended by the
Debt Collection Improvement Act of 1996 (Pub. L. 104-134) and the
Federal Civil Penalties Inflation Adjustment Act Improvement Act of
2015 (Sec. 701 of Pub. L. 114-74) to require Federal agencies to
regularly adjust certain CMPs for inflation. As amended, the law
requires each agency to make an initial inflationary adjustment for all
applicable CMPs, and to make further adjustments at least once every
year thereafter for these penalty amounts. The Debt Collection
Improvement Act of 1996 further stipulates that any resulting increases
in a CMP due to the calculated inflation adjustments shall apply only
to violations which occur after the date the increase takes effect 30
days after the date of publication in the Federal Register. Pursuant to
the 2015 Act, agencies are required to adjust the level of the CMP with
an initial ``fix``, and make subsequent annual adjustments for
inflation. Catch up adjustments are based on the percent change between
the Consumer Price Index for Urban Consumers (CPI-U) for the month of
October for the year of the previous adjustment, and the October 2015
CPI-U. Annual inflation adjustments will be based on the percent change
between the October CPI-U preceding the date of adjustment and the
prior year's October CPI-U.
II. The Program Fraud Civil Remedies Act of 1986
Sections 6103 and 6104 of the Omnibus Budget Reconciliation Act of
1986 (Pub. L. 99-509) set forth the Program Fraud Civil Remedies Act of
1986 (PFCRA). Specifically, this statute imposes a CMP and an
assessment against any person who, with knowledge or reason to know,
makes, submits, or presents a false, fictitious, or fraudulent claim or
statement to the Government. The General Services Administration's
regulations, published in the Federal Register (61 FR 246, December 20,
1996) and codified at 41 CFR part 105-70, currently set forth a CMP of
up to $13,400 for each false claim or statement made to the agency.
Based on the penalty amount inflation factor calculation, derived from
originally dividing the October 2023 CPI by the October 2024 CPI and
making the CPI-based annual adjustment thereafter, after rounding, we
are adjusting the maximum penalty amount for this CMP to $13,700 for
each false claim or statement made to the agency.
III. Subsequent Annual Adjustments
The 2015 Act also requires agencies to make annual adjustments to
civil penalty amounts no later than January 15 of each year following
the initial adjustment described above. For subsequent adjustments made
in accordance with the 2015 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 GSA adjusts penalties in January 2026, the
adjustment will be calculated based on the percent change between the
CPI-U for October 2026 (the October immediately preceding the date of
adjustment) and October 2025 (the October one year prior to October
2026). GSA will publish the amount of these annual inflation
adjustments in the Federal Register no later than January 15 of each
year, starting in 2026.
IV. Public Participation
The Federal Civil Penalties Inflation Adjustment Act Improvement
Act of 2015 expressly exempts this final rule from the notice and
comment requirements of the Administrative Procedure Act by directing
agencies to adjust civil monetary penalties for inflation
``notwithstanding section 553 of title 5, United States Code'' (Pub. L.
114-74, 129 Stat. 599; 28 U.S.C. 2461 note). As such, this final rule
is being issued without prior public notice or opportunity for public
comment, with an effective date 30 days after the date of publication
in the Federal Register.
V. 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.
The Office of Management and Budget (OMB) has reviewed this final rule
in accordance with the provisions of E.O. 12866 and has determined that
it does not meet the criteria for a significant regulatory action and
thus was not subject to review under Section 6(b) of E.O. 12866. As
indicated above, the provisions contained in this final rulemaking set
forth the inflation adjustments in compliance with the Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended, for specific
applicable CMPs. The great majority of individuals, organizations and
entities addressed through these regulations do not engage in such
prohibited conduct, and as a result, we believe that any aggregate
economic impact of these revised regulations will be minimal, affecting
only those limited few who may engage in prohibited conduct in
violation of the statute. As such, this final rule and the inflation
adjustment contained therein should have no effect on Federal or State
expenditures.
VI. Congressional Review Act
The agency and the Office of Information and Regulatory Affairs,
OMB have determined that this rule is not a major rule under 5 U.S.C.
804(2). Subtitle E of the Small Business
[[Page 103663]]
Regulatory Enforcement Fairness Act of 1996 (codified at 5 U.S.C. 801-
808), also known as the Congressional Review Act or CRA, generally
provides that before a rule may take effect, the agency promulgating
the rule must submit a rule report, which includes a copy of the rule,
to each House of the Congress and to the Comptroller General of the
United States. GSA will submit a report containing this rule and other
required information to the U.S. Senate, the U.S. House of
Representatives, and the Comptroller General of the United States.
VII. Regulatory Flexibility Act
The Regulatory Flexibility Act (RFA) requires an agency to prepare
a regulatory flexibility analysis for rules unless the agency certifies
that the rule will not have a significant economic impact on a
substantial number of small entities. The RFA applies only to rules for
which an agency is required to first publish a proposed rule. See 5
U.S.C. 603(a) and 604(a). As explained above, GSA is not required to
first publish a proposed rule here. Thus, the RFA does not apply to
this final rule.
VIII. Paperwork Reduction Act
This final rule imposes no new reporting or recordkeeping
requirements necessitating clearance by OMB.
List of Subjects in 41 CFR Part 105-70
Administrative hearing, Claims, Program fraud.
Robin Carnahan,
Administrator.
Accordingly, 41 CFR part 105-70 is amended as set forth below:
PART 105-70--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT
OF 1986
0
1. The authority citation for part 105-70 continues to read as follows:
Authority: 40 U.S.C. 121(c); 31 U.S.C. 3809.
0
2. Amend Sec. 105-70.003 by--
0
a. Removing from paragraph (a)(1)(iv) the amount ``13,400'' and adding
``13,700'' in its place;
0
b. Removing from paragraph (b)(1)(ii) the amount ``13,400'' and adding
``13,700'' in its place; and
0
c. Adding paragraphs (f) and (g).
The additions read as follows:
Sec. 105-70.003 Basis for civil penalties and assessments.
* * * * *
(f) For violations occurring on or after January 1, 2025, the
maximum penalty, which may be assessed under paragraphs (a)(1)(iv) or
(b)(1)(ii) of this section, is the larger of:
(1) The amount for the previous calendar year, or
(2) An amount adjusted for inflation, calculated by multiplying the
amount for the previous calendar year by the percentage by which the
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 hundred dollar increment.
(g) Notice of the maximum penalty which may be assessed under
paragraphs (a)(1)(iv) and (b)(1)(ii) of this section for calendar year
2026 and thereafter will be published by GSA in the Federal Register on
an annual basis on or before January 15 of each calendar year.
[FR Doc. 2024-30242 Filed 12-18-24; 8:45 am]
BILLING CODE 6820-81-P
