Federal Civil Penalties Inflation Adjustment Act Amendments, 1902-1903 [2025-00094]
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1902
Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules and Regulations
DEPARTMENT OF VETERANS
AFFAIRS
38 CFR Parts 36 and 42
RIN 2900–AS26
Federal Civil Penalties Inflation
Adjustment Act Amendments
Department of Veterans Affairs.
Final rule.
AGENCY:
ACTION:
The Department of Veterans
Affairs (VA) is amending its regulations
to adjust for inflation the amount of
civil monetary penalties that are within
VA’s jurisdiction. These adjustments
comply with the requirement in the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, to make annual adjustments to the
penalties.
DATES: This rule is effective January 10,
2025.
FOR FURTHER INFORMATION CONTACT:
Stephanie Li, Assistant Director,
Regulations, Legislation, Engagement,
and Training, Loan Guaranty Service
(26), Veterans Benefits Administration,
Department of Veterans Affairs, 810
Vermont Avenue NW, Washington, DC
20420, 202–632–8862. (This is not a
toll-free number.)
SUPPLEMENTARY INFORMATION: On
November 2, 2015, the President signed
into law the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (2015 Act) (Pub. L. 114–74,
section 701, 129 Stat. 584, 599–600),
which amended the Federal Civil
Penalties Inflation Adjustment Act of
1990 (Pub. L. 101–410, section 5, 104
Stat. 890, 891–892), to improve the
effectiveness of civil monetary penalties
and to maintain their deterrent effect.
The amended statute, codified in a note
following 28 U.S.C. 2461, requires
agencies to publish annual adjustments
for inflation based on the percentage
change between the Consumer Price
Index (defined in the statute as the
Consumer Price Index for all-urban
consumers (CPI–U) published by the
Department of Labor) for the month of
October preceding the date of the
adjustment and the prior year’s October
CPI–U. 28 U.S.C. 2461 note, sections
4(a) and (b) and 5(b)(1). This rule
implements the 2025 calendar year
inflation adjustment amounts.
Under 38 U.S.C. 3710(g)(4)(B), VA is
authorized to levy civil monetary
penalties against private lenders that
originate VA-guaranteed loans if a
lender falsely certifies that they have
complied with certain credit
khammond on DSK9W7S144PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:01 Jan 08, 2025
Jkt 265001
information and loan processing
standards as set forth by 38 U.S.C. Ch.
37 and 38 CFR part 36. Under section
3710(g)(4)(B), any lender who
knowingly and willfully makes such a
false certification shall be liable to the
United States Government for a civil
penalty equal to two times the amount
of the Secretary’s loss on the loan
involved or to another appropriate
amount, not to exceed $10,000,
whichever is greater. VA implemented
the penalty amount in 38 CFR
36.4340(k)(1)(i) and (k)(3). On December
17, 2024, the Office of Management and
Budget (OMB) issued OMB Circular M–
25–02. This circular reflects that the
October 2023 CPI–U was 307.671 and
the October 2024 CPI–U was 315.664,
resulting in an inflation adjustment
multiplier of 1.02598. Accordingly, the
calendar year 2025 inflation revision
imposes an adjustment from $27,894 to
$28,619.
Under 31 U.S.C. 3802, VA can impose
monetary penalties against any person
who makes, presents, or submits a claim
or written statement to VA that the
person knows or has reason to know is
false, fictitious, or fraudulent, or who
engages in other covered conduct. The
statute permits, in addition to any other
remedy that may be prescribed by law,
a civil penalty of not more than $5,000
for each claim. 31 U.S.C. 3802(a)(1) and
(2). VA implemented the penalty
amount in 38 CFR 42.3(a)(1)(iv) and
(b)(1)(ii). As previously noted, OMB
Circular M–25–02 reflects an inflation
adjustment multiplier of 1.02598.
Therefore, the calendar year 2025
inflation revision imposes an
adjustment from $13,946 to $14,308.
Accordingly, VA is revising 38 CFR
36.4340(k)(1)(i) and (3) and 38 CFR
42.3(a)(1)(iv) and (b)(1)(ii) to reflect the
2025 inflationary adjustments for civil
monetary penalties assessed or enforced
by VA.
prior notice and public comment and a
delayed effective date are unnecessary.
Administrative Procedure Act
The Unfunded Mandates Reform Act
of 1995 requires, at 2 U.S.C. 1532, that
agencies prepare an assessment of
anticipated costs and benefits before
issuing any rule that may result in the
expenditure by state, local, and tribal
governments, in the aggregate, or by the
private sector, of $100 million or more
(adjusted annually for inflation) in any
one year. This final rule will have no
such effect on state, local, and tribal
governments, or on the private sector.
The Secretary of Veterans Affairs
finds that there is good cause under 5
U.S.C. 553(b)(B) and (d)(3) to publish
this rule without prior opportunity for
public comment and to publish this rule
with an immediate effective date. The
statute requires agencies to make annual
adjustments for inflation to the allowed
amounts of civil monetary penalties
‘‘notwithstanding section 553 of title 5,
United States Code.’’ 28 U.S.C. 2461
note, sections 4(a) and (b). The penalty
adjustments, and the methodology used
to determine the adjustments, are set by
the terms of the statute. VA has no
discretion to make changes in those
areas. Therefore, an opportunity for
PO 00000
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Fmt 4700
Sfmt 4700
Executive Orders 12866, 13563, and
14094
Executive Order 12866 (Regulatory
Planning and Review) directs agencies
to assess the costs and benefits of
available regulatory alternatives and,
when regulation is necessary, to select
regulatory approaches that maximize
net benefits (including potential
economic, environmental, public health
and safety effects, and other advantages;
distributive impacts; and equity).
Executive Order 13563 (Improving
Regulation and Regulatory Review)
emphasizes the importance of
quantifying both costs and benefits,
reducing costs, harmonizing rules, and
promoting flexibility. Executive Order
14094 (Executive Order on Modernizing
Regulatory Review) supplements and
reaffirms the principles, structures, and
definitions governing contemporary
regulatory review established in
Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review),
and Executive Order 13563 of January
18, 2011 (Improving Regulation and
Regulatory Review). The Office of
Information and Regulatory Affairs has
determined that this rulemaking is not
a significant regulatory action under
Executive Order 12866, as amended by
Executive Order 14094. The Regulatory
Impact Analysis associated with this
rulemaking can be found as a
supporting document at
www.regulations.gov.
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5
U.S.C. 601 through 612, is not
applicable to this rulemaking because
notice of proposed rulemaking is not
required. 5 U.S.C. 601(2), 603(a), and
604(a).
Unfunded Mandates
Paperwork Reduction Act
This final rule contains no provisions
constituting a collection of information
under the Paperwork Reduction Act of
1995 (44 U.S.C. 3501–3521).
E:\FR\FM\10JAR1.SGM
10JAR1
Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules and Regulations
Congressional Review Act
Pursuant to Subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (known as the
Congressional Review Act) (5 U.S.C. 801
et seq.), the Office of Information and
Regulatory Affairs designated this rule
as not satisfying the criteria under 5
U.S.C. 804(2).
38 CFR Part 36
Condominiums, housing, individuals
with disabilities, loan programs—
housing and community development,
loan programs—Veterans, manufactured
homes, mortgage insurance, reporting
and recordkeeping requirements,
Veterans.
38 CFR Part 42
Administrative practice and
procedure, claims, fraud, penalties.
For the reasons stated in the
preamble, the Department of Veterans
Affairs amends 38 CFR parts 36 and 42
as set forth below:
PART 36—LOAN GUARANTY
1. The authority citation for part 36
continues to read as follows:
Authority: 38 U.S.C. 501 and 3720.
[Amended]
2. In § 36.4340, amend paragraphs
(k)(1)(i) introductory text and (k)(3) by
removing ‘‘$27,894’’ and adding in its
place ‘‘$28,619’’.
■
PART 42—STANDARDS
IMPLEMENTING THE PROGRAM
FRAUD CIVIL REMEDIES ACT
3. The authority citation for part 42
continues to read as follows:
khammond on DSK9W7S144PROD with RULES
■
Authority: Pub. L. 99–509, secs. 6101–
6104, 100 Stat. 1874, codified at 31 U.S.C.
3801–3812.
[Amended]
4. In § 42.3, amend paragraphs
(a)(1)(iv) and (b)(1)(ii) by removing
■
Jkt 265001
[EPA–HQ–OAR–2021–0863; EPA–R03–
OAR–2023–0179; FRL–12161–03–OAR]
RIN 2060–AW38
Excess Emissions During Periods of
Startup, Shutdown, and Malfunction;
Partial Withdrawals of Findings of
Failure To Submit State
Implementation Plan (SIP)
Due to the receipt of adverse
comment, the Environmental Protection
Agency (EPA) is withdrawing the
November 26, 2024, direct final rule to
partially withdraw two final actions
finding that 13 States and/or local air
pollution control agencies failed to
submit State Implementation Plan (SIP)
revisions required by the Clean Air Act
(CAA) in a timely manner to address the
EPA’s 2015 findings of substantial
inadequacy and ‘‘SIP calls’’ for
provisions applying to excess emissions
during periods of startup, shutdown,
and malfunction (SSM). The EPA will
address all comments received in a
subsequent final rule for which the EPA
will not institute a second comment
period.
SUMMARY:
Effective January 10, 2025, the
EPA withdraws the direct final rule
published at 89 FR 93187 on November
26, 2024.
FOR FURTHER INFORMATION CONTACT:
General questions concerning this
document should be addressed to,
Sydney Lawrence, Office of Air Quality
Planning and Standards, Air Quality
Policy Division, 109 T.W. Alexander
Drive, Research Triangle Park, NC
27711; by telephone (919) 541–4768; or
by email at lawrence.sydney@epa.gov.
SUPPLEMENTARY INFORMATION: On
November 26, 2024, the EPA published
a direct final rule (89 FR 93187) to
partially withdraw two final actions
finding that 13 States and/or local air
pollution control agencies failed to
submit SIP revisions required by the
CAA to address the EPA’s 2015 findings
of substantial inadequacy and ‘‘SIP
calls’’ for provisions applying to excess
emissions during periods of SSM. In the
DATES:
■
16:01 Jan 08, 2025
ENVIRONMENTAL PROTECTION
AGENCY
Environmental Protection
Agency (EPA).
ACTION: Direct final rule; withdrawal.
Consuela Benjamin,
Regulation Development Coordinator, Office
of Regulation Policy & Management, Office
of General Counsel, Department of Veterans
Affairs.
VerDate Sep<11>2014
BILLING CODE 8320–01–P
AGENCY:
Signing Authority
Denis McDonough, Secretary of
Veterans Affairs, approved and signed
this document on December 31, 2024,
and authorized the undersigned to sign
and submit the document to the Office
of the Federal Register for publication
electronically as an official document of
the Department of Veterans Affairs.
§ 42.3
[FR Doc. 2025–00094 Filed 1–8–25; 8:45 am]
40 CFR Part 52
List of Subjects
§ 36.4340
‘‘$13,946’’ and adding in its place
‘‘$14,308’’.
PO 00000
Frm 00057
Fmt 4700
Sfmt 4700
1903
proposal for the direct final rule
published on the same day (89 FR
93243), the EPA stated that written
comments must be received on or before
December 26, 2024. The EPA stated that
if any relevant adverse comments are
received on the proposal, the EPA will
publish a timely withdrawal of the
direct final rule in the Federal Register.
On December 22, 2024, an adverse
comment dated December 18, 2024, was
posted in the docket that the EPA
interprets as relevant and adverse.
Therefore, the EPA is withdrawing the
direct final rule and will publish a
subsequent final rule wherein the EPA
will address all comments received. The
EPA will not institute a second
comment period on the subsequent final
rule.
List of Subjects in 40 CFR Part 52
Environmental protection,
Administrative practice and procedure,
Air pollution control, Approval and
promulgation of implementation plans,
Incorporation by reference,
Intergovernmental relations, and
Reporting and recordkeeping
requirements.
Joesph Goffman,
Assistant Administrator.
[FR Doc. 2025–00433 Filed 1–8–25; 8:45 am]
BILLING CODE 6560–50–P
ENVIRONMENTAL PROTECTION
AGENCY
40 CFR Part 52
[EPA–R09–OAR–2024–0349; FRL–12130–
02–R9]
Air Plan Revisions; Arizona; Maricopa
County Air Quality Department
Environmental Protection
Agency (EPA).
ACTION: Final rule.
AGENCY:
The Environmental Protection
Agency (EPA) is finalizing a limited
approval and limited disapproval of
revisions to the Maricopa County Air
Quality Department (MCAQD or
‘‘County’’) portion of the Arizona State
Implementation Plan (SIP). These
revisions concern emissions of volatile
organic compounds (VOCs) from
loading of organic liquids and gasoline.
Under the authority of the Clean Air Act
(CAA or ‘‘Act’’), this action
simultaneously approves local rules that
regulate these emission sources and
directs Arizona to correct rule
deficiencies. We are also finalizing a
disapproval of MCAQD’s reasonably
available control technology (RACT)
demonstration for the source categories
SUMMARY:
E:\FR\FM\10JAR1.SGM
10JAR1
Agencies
[Federal Register Volume 90, Number 6 (Friday, January 10, 2025)]
[Rules and Regulations]
[Pages 1902-1903]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00094]
[[Page 1902]]
-----------------------------------------------------------------------
DEPARTMENT OF VETERANS AFFAIRS
38 CFR Parts 36 and 42
RIN 2900-AS26
Federal Civil Penalties Inflation Adjustment Act Amendments
AGENCY: Department of Veterans Affairs.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The Department of Veterans Affairs (VA) is amending its
regulations to adjust for inflation the amount of civil monetary
penalties that are within VA's jurisdiction. These adjustments comply
with the requirement in the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, to make annual
adjustments to the penalties.
DATES: This rule is effective January 10, 2025.
FOR FURTHER INFORMATION CONTACT: Stephanie Li, Assistant Director,
Regulations, Legislation, Engagement, and Training, Loan Guaranty
Service (26), Veterans Benefits Administration, Department of Veterans
Affairs, 810 Vermont Avenue NW, Washington, DC 20420, 202-632-8862.
(This is not a toll-free number.)
SUPPLEMENTARY INFORMATION: On November 2, 2015, the President signed
into law the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (2015 Act) (Pub. L. 114-74, section 701, 129
Stat. 584, 599-600), which amended the Federal Civil Penalties
Inflation Adjustment Act of 1990 (Pub. L. 101-410, section 5, 104 Stat.
890, 891-892), to improve the effectiveness of civil monetary penalties
and to maintain their deterrent effect. The amended statute, codified
in a note following 28 U.S.C. 2461, requires agencies to publish annual
adjustments for inflation based on the percentage change between the
Consumer Price Index (defined in the statute as the Consumer Price
Index for all-urban consumers (CPI-U) published by the Department of
Labor) for the month of October preceding the date of the adjustment
and the prior year's October CPI-U. 28 U.S.C. 2461 note, sections 4(a)
and (b) and 5(b)(1). This rule implements the 2025 calendar year
inflation adjustment amounts.
Under 38 U.S.C. 3710(g)(4)(B), VA is authorized to levy civil
monetary penalties against private lenders that originate VA-guaranteed
loans if a lender falsely certifies that they have complied with
certain credit information and loan processing standards as set forth
by 38 U.S.C. Ch. 37 and 38 CFR part 36. Under section 3710(g)(4)(B),
any lender who knowingly and willfully makes such a false certification
shall be liable to the United States Government for a civil penalty
equal to two times the amount of the Secretary's loss on the loan
involved or to another appropriate amount, not to exceed $10,000,
whichever is greater. VA implemented the penalty amount in 38 CFR
36.4340(k)(1)(i) and (k)(3). On December 17, 2024, the Office of
Management and Budget (OMB) issued OMB Circular M-25-02. This circular
reflects that the October 2023 CPI-U was 307.671 and the October 2024
CPI-U was 315.664, resulting in an inflation adjustment multiplier of
1.02598. Accordingly, the calendar year 2025 inflation revision imposes
an adjustment from $27,894 to $28,619.
Under 31 U.S.C. 3802, VA can impose monetary penalties against any
person who makes, presents, or submits a claim or written statement to
VA that the person knows or has reason to know is false, fictitious, or
fraudulent, or who engages in other covered conduct. The statute
permits, in addition to any other remedy that may be prescribed by law,
a civil penalty of not more than $5,000 for each claim. 31 U.S.C.
3802(a)(1) and (2). VA implemented the penalty amount in 38 CFR
42.3(a)(1)(iv) and (b)(1)(ii). As previously noted, OMB Circular M-25-
02 reflects an inflation adjustment multiplier of 1.02598. Therefore,
the calendar year 2025 inflation revision imposes an adjustment from
$13,946 to $14,308.
Accordingly, VA is revising 38 CFR 36.4340(k)(1)(i) and (3) and 38
CFR 42.3(a)(1)(iv) and (b)(1)(ii) to reflect the 2025 inflationary
adjustments for civil monetary penalties assessed or enforced by VA.
Administrative Procedure Act
The Secretary of Veterans Affairs finds that there is good cause
under 5 U.S.C. 553(b)(B) and (d)(3) to publish this rule without prior
opportunity for public comment and to publish this rule with an
immediate effective date. The statute requires agencies to make annual
adjustments for inflation to the allowed amounts of civil monetary
penalties ``notwithstanding section 553 of title 5, United States
Code.'' 28 U.S.C. 2461 note, sections 4(a) and (b). The penalty
adjustments, and the methodology used to determine the adjustments, are
set by the terms of the statute. VA has no discretion to make changes
in those areas. Therefore, an opportunity for prior notice and public
comment and a delayed effective date are unnecessary.
Executive Orders 12866, 13563, and 14094
Executive Order 12866 (Regulatory Planning and Review) directs
agencies to assess the costs and benefits of available regulatory
alternatives and, when regulation is necessary, to select regulatory
approaches that maximize net benefits (including potential economic,
environmental, public health and safety effects, and other advantages;
distributive impacts; and equity). Executive Order 13563 (Improving
Regulation and Regulatory Review) emphasizes the importance of
quantifying both costs and benefits, reducing costs, harmonizing rules,
and promoting flexibility. Executive Order 14094 (Executive Order on
Modernizing Regulatory Review) supplements and reaffirms the
principles, structures, and definitions governing contemporary
regulatory review established in Executive Order 12866 of September 30,
1993 (Regulatory Planning and Review), and Executive Order 13563 of
January 18, 2011 (Improving Regulation and Regulatory Review). The
Office of Information and Regulatory Affairs has determined that this
rulemaking is not a significant regulatory action under Executive Order
12866, as amended by Executive Order 14094. The Regulatory Impact
Analysis associated with this rulemaking can be found as a supporting
document at www.regulations.gov.
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5 U.S.C. 601 through 612, is not
applicable to this rulemaking because notice of proposed rulemaking is
not required. 5 U.S.C. 601(2), 603(a), and 604(a).
Unfunded Mandates
The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C.
1532, that agencies prepare an assessment of anticipated costs and
benefits before issuing any rule that may result in the expenditure by
state, local, and tribal governments, in the aggregate, or by the
private sector, of $100 million or more (adjusted annually for
inflation) in any one year. This final rule will have no such effect on
state, local, and tribal governments, or on the private sector.
Paperwork Reduction Act
This final rule contains no provisions constituting a collection of
information under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-
3521).
[[Page 1903]]
Congressional Review Act
Pursuant to Subtitle E of the Small Business Regulatory Enforcement
Fairness Act of 1996 (known as the Congressional Review Act) (5 U.S.C.
801 et seq.), the Office of Information and Regulatory Affairs
designated this rule as not satisfying the criteria under 5 U.S.C.
804(2).
List of Subjects
38 CFR Part 36
Condominiums, housing, individuals with disabilities, loan
programs--housing and community development, loan programs--Veterans,
manufactured homes, mortgage insurance, reporting and recordkeeping
requirements, Veterans.
38 CFR Part 42
Administrative practice and procedure, claims, fraud, penalties.
Signing Authority
Denis McDonough, Secretary of Veterans Affairs, approved and signed
this document on December 31, 2024, and authorized the undersigned to
sign and submit the document to the Office of the Federal Register for
publication electronically as an official document of the Department of
Veterans Affairs.
Consuela Benjamin,
Regulation Development Coordinator, Office of Regulation Policy &
Management, Office of General Counsel, Department of Veterans Affairs.
For the reasons stated in the preamble, the Department of Veterans
Affairs amends 38 CFR parts 36 and 42 as set forth below:
PART 36--LOAN GUARANTY
0
1. The authority citation for part 36 continues to read as follows:
Authority: 38 U.S.C. 501 and 3720.
Sec. 36.4340 [Amended]
0
2. In Sec. 36.4340, amend paragraphs (k)(1)(i) introductory text and
(k)(3) by removing ``$27,894'' and adding in its place ``$28,619''.
PART 42--STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES
ACT
0
3. The authority citation for part 42 continues to read as follows:
Authority: Pub. L. 99-509, secs. 6101-6104, 100 Stat. 1874,
codified at 31 U.S.C. 3801-3812.
Sec. 42.3 [Amended]
0
4. In Sec. 42.3, amend paragraphs (a)(1)(iv) and (b)(1)(ii) by
removing ``$13,946'' and adding in its place ``$14,308''.
[FR Doc. 2025-00094 Filed 1-8-25; 8:45 am]
BILLING CODE 8320-01-P