Civil Penalties Adjustment for 2025, 2636-2638 [2025-00401]
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Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations
the word ‘‘the’’ before the phrase
‘‘custody of penal authorities and . . .’’
NATIONAL FOUNDATION ON THE
ARTS AND THE HUMANITIES
PART 457—ALLOTMENTS AND
GRANTS TO STATES
National Endowment for the Arts
45 CFR Parts 1149 and 1158
3. The authority citation for part 457
continues to read as follows:
■
RIN 3135–AA33
Civil Penalties Adjustment for 2025
Authority: 42 U.S.C. 1302.
■
4. Revise § 457.342 to read as follows:
§ 457.342
children.
Continuous eligibility for
(a) A State must provide continuous
eligibility for children under a separate
CHIP in accordance with the terms of
§ 435.926 of this chapter, and subject to
a child remaining ineligible for
Medicaid, as required by section
2110(b)(1) of the Act and § 457.310
(related to the definition and standards
for being a targeted low-income child)
and the requirements of section
2102(b)(3) of the Act and § 457.350
(related to eligibility screening and
enrollment).
(b) [Reserved]
PART 482—CONDITIONS OF
PARTICIPATION FOR HOSPITALS
5. The authority citation for part 482
continues to read as follows:
■
Authority: 42 U.S.C. 1302, 1395hh, and
1395rr, unless otherwise noted.
§ 482.59
[Amended]
6. Amend § 482.59 in paragraph (c)(3)
by correcting the word ‘‘biannual’’ to
read ‘‘biennial’’.
■
PART 485—CONDITIONS OF
PARTICIPATION FOR CRITICAL
ACCESS HOSPITALS
7. The authority citation for part 485
continues to read as follows:
■
Authority: 42 U.S.C. 1302 and 1395(hh).
§ 485.649
[Amended]
8. Amend § 485.649 in paragraph
(c)(3) by correcting the word ‘‘biannual’’
to read ‘‘biennial’’.
ddrumheller on DSK120RN23PROD with RULES1
■
Elizabeth J. Gramling,
Executive Secretary to the Department,
Department of Health and Human Services.
[FR Doc. 2025–00081 Filed 1–8–25; 8:45 am]
BILLING CODE 4120–01–P
National Endowment for the
Arts, National Foundation on the Arts
and the Humanities.
ACTION: Final rule.
AGENCY:
The National Endowment for
the Arts (NEA) is adjusting the
maximum civil monetary penalties
(CMPs) that may be imposed for
violations of the Program Fraud Civil
Remedies Act (PFCRA) and the NEA’s
Restrictions on Lobbying to reflect the
requirements of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
Act). The 2015 Act further amended the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (the Inflation
Adjustment Act) to improve the
effectiveness of civil monetary penalties
and to maintain their deterrent effect.
This final rule provides the 2025 annual
inflation adjustments to the initial
‘‘catch-up’’ adjustments made on June
15, 2017, and reflects all other inflation
adjustments made in the interim.
DATES: This rule is effective January 13,
2025.
FOR FURTHER INFORMATION CONTACT:
William Langer, Assistant General
Counsel, National Endowment for the
Arts, 400 7th St. SW, Washington, DC
20506, Telephone: 202–682–5595.
SUPPLEMENTARY INFORMATION:
SUMMARY:
1. Background
On December 12, 2017 the NEA
issued a final rule entitled ‘‘Federal
Civil Penalties Adjustments’’ 1 which
finalized the NEA’s June 15, 2017
interim final rule entitled
‘‘Implementing the Federal Civil
Penalties Adjustment Act Improvements
Act’’,2 implementing the 2015 Act
(section 701 of Pub. L. 114–74), which
amended the Inflation Adjustment Act
(28 U.S.C. 2461 note) requiring catch-up
and annual adjustments to the NEA’s
CMPs. The 2015 Act requires agencies
make annual adjustments to its CMPs
for inflation.
A CMP is defined in the Inflation
Adjustment Act as any penalty, fine, or
other sanction that is (1) for a specific
monetary amount as provided by
Federal law, or has a maximum amount
1 82
2 82
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provided for by Federal law; (2)
assessed or enforced by an agency
pursuant to Federal law; and (3)
assessed or enforced pursuant to an
administrative proceeding or a civil
action in the Federal courts.
These annual inflation adjustments
are based on the percentage change in
the Consumer Price Index for all Urban
Consumers (CPI–U) for the month of
October preceding the date of the
adjustment, relative to the October CPI–
U in the year of the previous
adjustment. The formula for the amount
of a CMP inflation adjustment is
prescribed by law, as explained in 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 Arts.
The Office of Management and Budget
has issued guidance on implementing
and calculating the 2025 adjustment
under the 2015 Act.3 Per this guidance,
the CPI–U adjustment multiplier for this
annual adjustment is 1.02598. In its
prior rules, the NEA identified two
CMPs, which require adjustment: the
penalty for false statements under the
PFCRA and the penalty for violations of
the NEA’s Restrictions on Lobbying.
With this rule, the NEA is adjusting the
amount of those CMPs accordingly.
2. Dates of Applicability
The inflation adjustments contained
in this rule shall apply to any violations
assessed after January 15, 2025.
3. Adjustments
Two CMPs in NEA regulations require
adjustment in accordance with the 2015
Act: (1) the penalty associated with the
Program Fraud Civil Remedies Act (45
CFR 1149.9) and (2) the penalty
associated with Restrictions on
Lobbying (45 CFR 1158.400; 45 CFR part
1158, app. A).
A. Adjustments to Penalties Under the
NEA’s Program Fraud Civil Remedies
Act Regulations
The current maximum penalty under
the PFCRA for false claims and
statements is currently set at $13,945.
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
2023 and October 2024, the CPI–U
increased by a multiplier of 102.598%.
Therefore, the new post-adjustment
maximum penalty under the PFCRA for
3 OMB Memorandum M–25–02 (December 17,
2024).
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Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations
false statements is $13,945 × 1.02598 =
$14,307.291, which rounds to $14,307.
Therefore, the maximum penalty under
the PFCRA for false claims and
statements will be $14,307.
ddrumheller on DSK120RN23PROD with RULES1
B. Adjustments to Penalties Under the
NEA’s Restrictions on Lobbying
Regulations
The penalty for violations of the
Restrictions on Lobbying is currently set
at a range of a minimum of $24,483 and
a maximum of $244,958. 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 2023 and
October 2024, the CPI–U increased by a
multiplier of 102.598%. Therefore, the
new post-adjustment minimum penalty
under the Restrictions on Lobbying is
$24,483 × 1.02598 = $25,119.068, which
rounds to $25,119 and the maximum
penalty under the Restrictions on
Lobbying is $244,958 × 1.02598 =
$251,322.00884, which rounds to
$251,322. Therefore, the range of
penalties under the law on the
Restrictions on Lobbying shall be
between $25,119 and $251,322.
Administrative Procedure Act
Section 553 of the Administrative
Procedure Act (APA) requires agencies
to provide an opportunity for notice and
comment on rulemaking and also
requires agencies to delay a rule’s
effective date for 30 days following the
date of publication in the Federal
Register unless an agency finds good
cause to forgo these requirements.
However, section 4(b)(2) of the 2015 Act
requires agencies to adjust civil
monetary penalties notwithstanding
section 553 of the APA and publish
annual inflation adjustments in the
Federal Register. ‘‘This means that the
public procedure the APA generally
requires . . . is not required for agencies
to issue regulations implementing the
annual adjustment.’’ OMB
Memorandum M–18–03.
Even if the 2015 Act did not except
this final rule from section 553 of the
APA, the NEA has good cause to
dispense with notice and comment.
Section 553(b)(4)(B), authorizes agencies
to dispense with notice and comment
procedures for rulemaking if the agency
finds good cause that notice and
comment are impracticable,
unnecessary, or contrary to public
interest. The annual adjustments to civil
penalties for inflation and the method of
calculating those adjustments are
established by section 5 of the 2015 Act,
as amended, leaving no discretion for
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18:15 Jan 09, 2025
Jkt 265001
the NEA. Accordingly, public comment
would be impracticable because the
NEA would be unable to consider such
comments in the rulemaking process.
Regulatory Planning and Review
(Executive Order 12866)
Executive Order 12866 (E.O. 12866)
established a process for review of rules
by the Office of Information and
Regulatory Affairs, which is within the
Office of Management and Budget
(OMB). Only ‘‘significant’’ proposed and
final rules are subject to review under
this Executive Order. ‘‘Significant,’’ as
used in E.O. 12866, means
‘‘economically significant.’’ It refers to
rules with (1) an impact on the economy
of $100 million; or that (2) were
inconsistent or interfered with an action
taken or planned by another agency; (3)
materially altered the budgetary impact
of entitlements, grants, user fees, or loan
programs; or (4) raised novel legal or
policy issues.
This final rule would not be a
significant policy change and OMB has
not reviewed this final rule under E.O.
12866. The NEA has made the
assessments required by E.O. 12866 and
determined that this final rule: (1) will
not have an effect of $100 million or
more on the economy; (2) will not
adversely affect in a material way the
economy, productivity, competition,
jobs, the environment, public health or
safety, or State, local, or Tribal
governments or communities; (3) will
not create a serious inconsistency or
otherwise interfere with an action taken
or planned by another agency; (4) does
not alter the budgetary effects of
entitlements, grants, user fees, or loan
programs or the rights or obligations of
their recipients; and (5) does not raise
novel legal or policy issues.
Federalism (Executive Order 13132)
This final rule does not have
federalism implications, as set forth in
E.O. 13132. As used in this order,
federalism implications mean
‘‘substantial direct effects on the States,
on the relationship between the
[N]ational [G]overnment and the States,
or on the distribution of power and
responsibilities among the various
levels of government.’’ The NEA has
determined that this final rule will not
have federalism implications within the
meaning of E.O. 13132.
Civil Justice Reform (Executive Order
12988)
This final rule meets the applicable
standards set forth in section 3(a) and
3(b)(2) of E.O. 12988. Specifically, this
final rule is written in clear language
designed to help reduce litigation.
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Indian Tribal Governments (Executive
Order 13175)
Under the criteria in E.O. 13175, the
NEA has evaluated this final rule and
determined that it would have no
potential effects on Federally recognized
Indian Tribes.
Takings (Executive Order 12630)
Under the criteria in E.O. 12630, this
final rule does not have significant
takings implications. Therefore, a
takings implication assessment is not
required.
Regulatory Flexibility Act of 1980 (5
U.S.C. 605(b))
This final rule 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 (44
U.S.C., Chapter 35)
This final rule will not impose any
‘‘information collection’’ requirements
under the Paperwork Reduction Act.
Under the Act, information collection
means the obtaining or disclosure of
facts or opinions by or for an agency by
10 or more nonfederal persons.
Unfunded Mandates Act of 1995
(Section 202, Pub. L. 104–4)
This final rule 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 (5 U.S.C. 804)
The final rule will not have a
significant effect on the human
environment.
Small Business Regulatory Enforcement
Fairness Act of 1996 (Sec. 804, Pub. L.
104–121)
This final rule would not be a major
rule as defined in section 804 of the
Small Business Regulatory Enforcement
Fairness Act of 1996. This final rule 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 on the
ability of United States-based
companies to compete with foreign
based companies in domestic and
export markets.
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Federal Register / Vol. 90, No. 7 / Monday, January 13, 2025 / Rules and Regulations
E-Government Act of 2002 (44 U.S.C.
3504)
programs, Loan programs, Lobbying,
Penalties.
Section 206 of the E-Government Act
requires agencies, to the extent
practicable, to ensure that all
information about that agency required
to be published in the Federal Register
is also published on a publicly
accessible website. All information
about the NEA required to be published
in the Federal Register may be accessed
at https://www.arts.gov. This Act also
requires agencies to accept public
comments on their rules ‘‘by electronic
means.’’ See heading ‘‘Public
Participation’’ for directions on
electronic submission of public
comments on this final rule.
Finally, the E-Government Act
requires, to the extent practicable, that
agencies ensure that a publicly
accessible Federal Government website
contains electronic dockets for
rulemakings under the Administrative
Procedure Act of 1946 (5 U.S.C. 551 et
seq.). Under this Act, an electronic
docket consists of all submissions under
section 553(c) of title 5, United States
Code; and all other materials that by
agency rule or practice are included in
the rulemaking docket under section
553(c) of title 5, United States Code,
whether or not submitted electronically.
The website https://
www.regulations.gov contains electronic
dockets for the NEA’s rulemakings
under the Administrative Procedure Act
of 1946.
For the reasons stated in the
preamble, the NEA amends 45 CFR
chapter XI, subchapter B, as follows:
Plain Writing Act of 2010 (5 U.S.C. 301)
Under this Act, the term ‘‘plain
writing’’ means writing that is clear,
concise, well-organized, and follows
other best practices appropriate to the
subject or field and intended audience.
To ensure that this final rule has been
written in plain and clear language so
that it can be used and understood by
the public, the NEA has modeled the
language of this final rule on the Federal
Plain Language Guidelines.
ddrumheller on DSK120RN23PROD with RULES1
Public Participation (Executive Order
13563)
The NEA encourages public
participation by ensuring its
documentation is understandable by the
general public, and has written this final
rule in compliance with Executive
Order 13563 by ensuring its
accessibility, consistency, simplicity of
language, and overall
comprehensibility.
Jkt 265001
50 CFR Part 635
[Docket No. 220919–0193; RTID 0648–
XE544]
1. The authority citation for part 1149
continues to read as follows:
Atlantic Highly Migratory Species;
Atlantic Bluefin Tuna Fisheries;
General Category January Through
March Quota Transfer
■
Authority: 5 U.S.C. App. 8G(a)(2); 20
U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C.
3801–3812.
§ 1149.9
[Amended]
2. Amend § 1149.9(a)(1) by removing
‘‘$13,945’’ and adding in its place
‘‘$14,307’’.
■
PART 1158—NEW RESTRICTIONS ON
LOBBYING
3. The authority citation for part 1158
continues to read as follows:
■
Authority: 20 U.S.C. 959; 28 U.S.C. 2461;
31 U.S.C. 1352.
§ 1158.400
[Amended].
4. Amend § 1158.400(a), (b), and (e)
by:
■ a. Removing ‘‘$24,483’’ and adding in
its place ‘‘$25,119’’ each place it
appears.
■ b. Removing ‘‘$244,958’’ and adding
in its place ‘‘$251,322’’ each place it
appears.
■
Appendix A to Part 1158 [Amended]
5. Amend appendix A to part 1158 by:
a. Removing ‘‘$24,483’’ and adding in
its place ‘‘$25,119’’ each place it
appears.
■ b. Removing ‘‘$244,958’’ and adding
in its place ‘‘$251,322’’ each place it
appears.
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; quota transfer.
AGENCY:
NMFS is transferring 20.5
metric tons (mt) of Atlantic bluefin tuna
(BFT) quota from the General category
December 2025 subquota to the January
through March 2025 subquota period.
The adjusted General category January
through March 2025 subquota is 58.2
mt. This action is intended to provide
further harvest opportunities for General
category fishermen, based on
consideration of the regulatory
determination criteria regarding
inseason adjustments and applies to
Atlantic Tunas General category
(commercial) permitted vessels and
Atlantic Highly Migratory Species
(HMS) Charter/Headboat permitted
vessels with a commercial sale
endorsement when fishing
commercially for BFT.
DATES: The quota transfer is effective
January 8, 2025, through March 31,
2025.
SUMMARY:
■
FOR FURTHER INFORMATION CONTACT:
■
Anna Quintrell (anna.quintrell@
noaa.gov) or Larry Redd, Jr. (larry.redd@
noaa.gov) by email or by phone at 301–
427–8503.
SUPPLEMENTARY INFORMATION: Atlantic
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.). ATCA is the implementing
statute for binding recommendations of
the International Commission for the
Conservation of Atlantic Tunas. HMS
implementing regulations are at 50 CFR
part 635. Section 635.27(a) divides the
U.S. BFT quota, established by the
International Commission for the
Conservation of Atlantic Tunas (ICCAT)
and as implemented by the United
Dated: January 6, 2025
RaShaunda Thomas,
Deputy Director, Office of Administrative
Services & Contracts, National Endowment
for the Arts.
[FR Doc. 2025–00401 Filed 1–10–25; 8:45 am]
BILLING CODE 7537–01–P
Administrative practice and
procedure, Government contracts, Grant
18:15 Jan 09, 2025
National Oceanic and Atmospheric
Administration
PART 1149—PROGRAM FRAUD CIVIL
REMEDIES ACT REGULATIONS
List of Subjects in 45 CFR Parts 1149
and 1158
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Agencies
[Federal Register Volume 90, Number 7 (Monday, January 13, 2025)]
[Rules and Regulations]
[Pages 2636-2638]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00401]
=======================================================================
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NATIONAL FOUNDATION ON THE ARTS AND THE HUMANITIES
National Endowment for the Arts
45 CFR Parts 1149 and 1158
RIN 3135-AA33
Civil Penalties Adjustment for 2025
AGENCY: National Endowment for the Arts, National Foundation on the
Arts and the Humanities.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: The National Endowment for the Arts (NEA) is adjusting the
maximum civil monetary penalties (CMPs) that may be imposed for
violations of the Program Fraud Civil Remedies Act (PFCRA) and the
NEA's Restrictions on Lobbying to reflect the requirements of the
Federal Civil Penalties Inflation Adjustment Act Improvements Act of
2015 (the 2015 Act). The 2015 Act further amended the Federal Civil
Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment
Act) to improve the effectiveness of civil monetary penalties and to
maintain their deterrent effect. This final rule provides the 2025
annual inflation adjustments to the initial ``catch-up'' adjustments
made on June 15, 2017, and reflects all other inflation adjustments
made in the interim.
DATES: This rule is effective January 13, 2025.
FOR FURTHER INFORMATION CONTACT: William Langer, Assistant General
Counsel, National Endowment for the Arts, 400 7th St. SW, Washington,
DC 20506, Telephone: 202-682-5595.
SUPPLEMENTARY INFORMATION:
1. Background
On December 12, 2017 the NEA issued a final rule entitled ``Federal
Civil Penalties Adjustments'' \1\ which finalized the NEA's June 15,
2017 interim final rule entitled ``Implementing the Federal Civil
Penalties Adjustment Act Improvements Act'',\2\ implementing the 2015
Act (section 701 of Pub. L. 114-74), which amended the Inflation
Adjustment Act (28 U.S.C. 2461 note) requiring catch-up and annual
adjustments to the NEA's CMPs. The 2015 Act requires agencies make
annual adjustments to its CMPs for inflation.
---------------------------------------------------------------------------
\1\ 82 FR 58348.
\2\ 82 FR 27431.
---------------------------------------------------------------------------
A CMP is defined in the Inflation Adjustment Act as any penalty,
fine, or other sanction that is (1) for a specific monetary amount as
provided by Federal law, or has a maximum amount provided for by
Federal law; (2) assessed or enforced by an agency pursuant to Federal
law; and (3) assessed or enforced pursuant to an administrative
proceeding or a civil action in the Federal courts.
These annual inflation adjustments are based on the percentage
change in the Consumer Price Index for all Urban Consumers (CPI-U) for
the month of October preceding the date of the adjustment, relative to
the October CPI-U in the year of the previous adjustment. The formula
for the amount of a CMP inflation adjustment is prescribed by law, as
explained in 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 Arts.
The Office of Management and Budget has issued guidance on
implementing and calculating the 2025 adjustment under the 2015 Act.\3\
Per this guidance, the CPI-U adjustment multiplier for this annual
adjustment is 1.02598. In its prior rules, the NEA identified two CMPs,
which require adjustment: the penalty for false statements under the
PFCRA and the penalty for violations of the NEA's Restrictions on
Lobbying. With this rule, the NEA is adjusting the amount of those CMPs
accordingly.
---------------------------------------------------------------------------
\3\ OMB Memorandum M-25-02 (December 17, 2024).
---------------------------------------------------------------------------
2. Dates of Applicability
The inflation adjustments contained in this rule shall apply to any
violations assessed after January 15, 2025.
3. Adjustments
Two CMPs in NEA regulations require adjustment in accordance with
the 2015 Act: (1) the penalty associated with the Program Fraud Civil
Remedies Act (45 CFR 1149.9) and (2) the penalty associated with
Restrictions on Lobbying (45 CFR 1158.400; 45 CFR part 1158, app. A).
A. Adjustments to Penalties Under the NEA's Program Fraud Civil
Remedies Act Regulations
The current maximum penalty under the PFCRA for false claims and
statements is currently set at $13,945. 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 2023 and October 2024,
the CPI-U increased by a multiplier of 102.598%. Therefore, the new
post-adjustment maximum penalty under the PFCRA for
[[Page 2637]]
false statements is $13,945 x 1.02598 = $14,307.291, which rounds to
$14,307. Therefore, the maximum penalty under the PFCRA for false
claims and statements will be $14,307.
B. Adjustments to Penalties Under the NEA's Restrictions on Lobbying
Regulations
The penalty for violations of the Restrictions on Lobbying is
currently set at a range of a minimum of $24,483 and a maximum of
$244,958. 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 2023 and October 2024, the CPI-U increased by a
multiplier of 102.598%. Therefore, the new post-adjustment minimum
penalty under the Restrictions on Lobbying is $24,483 x 1.02598 =
$25,119.068, which rounds to $25,119 and the maximum penalty under the
Restrictions on Lobbying is $244,958 x 1.02598 = $251,322.00884, which
rounds to $251,322. Therefore, the range of penalties under the law on
the Restrictions on Lobbying shall be between $25,119 and $251,322.
Administrative Procedure Act
Section 553 of the Administrative Procedure Act (APA) requires
agencies to provide an opportunity for notice and comment on rulemaking
and also requires agencies to delay a rule's effective date for 30 days
following the date of publication in the Federal Register unless an
agency finds good cause to forgo these requirements. However, section
4(b)(2) of the 2015 Act requires agencies to adjust civil monetary
penalties notwithstanding section 553 of the APA and publish annual
inflation adjustments in the Federal Register. ``This means that the
public procedure the APA generally requires . . . is not required for
agencies to issue regulations implementing the annual adjustment.'' OMB
Memorandum M-18-03.
Even if the 2015 Act did not except this final rule from section
553 of the APA, the NEA has good cause to dispense with notice and
comment. Section 553(b)(4)(B), authorizes agencies to dispense with
notice and comment procedures for rulemaking if the agency finds good
cause that notice and comment are impracticable, unnecessary, or
contrary to public interest. The annual adjustments to civil penalties
for inflation and the method of calculating those adjustments are
established by section 5 of the 2015 Act, as amended, leaving no
discretion for the NEA. Accordingly, public comment would be
impracticable because the NEA would be unable to consider such comments
in the rulemaking process.
Regulatory Planning and Review (Executive Order 12866)
Executive Order 12866 (E.O. 12866) established a process for review
of rules by the Office of Information and Regulatory Affairs, which is
within the Office of Management and Budget (OMB). Only ``significant''
proposed and final rules are subject to review under this Executive
Order. ``Significant,'' as used in E.O. 12866, means ``economically
significant.'' It refers to rules with (1) an impact on the economy of
$100 million; or that (2) were inconsistent or interfered with an
action taken or planned by another agency; (3) materially altered the
budgetary impact of entitlements, grants, user fees, or loan programs;
or (4) raised novel legal or policy issues.
This final rule would not be a significant policy change and OMB
has not reviewed this final rule under E.O. 12866. The NEA has made the
assessments required by E.O. 12866 and determined that this final rule:
(1) will not have an effect of $100 million or more on the economy; (2)
will not adversely affect in a material way the economy, productivity,
competition, jobs, the environment, public health or safety, or State,
local, or Tribal governments or communities; (3) will not create a
serious inconsistency or otherwise interfere with an action taken or
planned by another agency; (4) does not alter the budgetary effects of
entitlements, grants, user fees, or loan programs or the rights or
obligations of their recipients; and (5) does not raise novel legal or
policy issues.
Federalism (Executive Order 13132)
This final rule does not have federalism implications, as set forth
in E.O. 13132. As used in this order, federalism implications mean
``substantial direct effects on the States, on the relationship between
the [N]ational [G]overnment and the States, or on the distribution of
power and responsibilities among the various levels of government.''
The NEA has determined that this final rule will not have federalism
implications within the meaning of E.O. 13132.
Civil Justice Reform (Executive Order 12988)
This final rule meets the applicable standards set forth in section
3(a) and 3(b)(2) of E.O. 12988. Specifically, this final rule is
written in clear language designed to help reduce litigation.
Indian Tribal Governments (Executive Order 13175)
Under the criteria in E.O. 13175, the NEA has evaluated this final
rule and determined that it would have no potential effects on
Federally recognized Indian Tribes.
Takings (Executive Order 12630)
Under the criteria in E.O. 12630, this final rule does not have
significant takings implications. Therefore, a takings implication
assessment is not required.
Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b))
This final rule 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 (44 U.S.C., Chapter 35)
This final rule will not impose any ``information collection''
requirements under the Paperwork Reduction Act. Under the Act,
information collection means the obtaining or disclosure of facts or
opinions by or for an agency by 10 or more nonfederal persons.
Unfunded Mandates Act of 1995 (Section 202, Pub. L. 104-4)
This final rule 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 (5 U.S.C. 804)
The final rule will not have a significant effect on the human
environment.
Small Business Regulatory Enforcement Fairness Act of 1996 (Sec. 804,
Pub. L. 104-121)
This final rule would not be a major rule as defined in section 804
of the Small Business Regulatory Enforcement Fairness Act of 1996. This
final rule 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 on the ability of United States-based companies to
compete with foreign based companies in domestic and export markets.
[[Page 2638]]
E-Government Act of 2002 (44 U.S.C. 3504)
Section 206 of the E-Government Act requires agencies, to the
extent practicable, to ensure that all information about that agency
required to be published in the Federal Register is also published on a
publicly accessible website. All information about the NEA required to
be published in the Federal Register may be accessed at https://www.arts.gov. This Act also requires agencies to accept public comments
on their rules ``by electronic means.'' See heading ``Public
Participation'' for directions on electronic submission of public
comments on this final rule.
Finally, the E-Government Act requires, to the extent practicable,
that agencies ensure that a publicly accessible Federal Government
website contains electronic dockets for rulemakings under the
Administrative Procedure Act of 1946 (5 U.S.C. 551 et seq.). Under this
Act, an electronic docket consists of all submissions under section
553(c) of title 5, United States Code; and all other materials that by
agency rule or practice are included in the rulemaking docket under
section 553(c) of title 5, United States Code, whether or not submitted
electronically. The website https://www.regulations.gov contains
electronic dockets for the NEA's rulemakings under the Administrative
Procedure Act of 1946.
Plain Writing Act of 2010 (5 U.S.C. 301)
Under this Act, the term ``plain writing'' means writing that is
clear, concise, well-organized, and follows other best practices
appropriate to the subject or field and intended audience. To ensure
that this final rule has been written in plain and clear language so
that it can be used and understood by the public, the NEA has modeled
the language of this final rule on the Federal Plain Language
Guidelines.
Public Participation (Executive Order 13563)
The NEA encourages public participation by ensuring its
documentation is understandable by the general public, and has written
this final rule in compliance with Executive Order 13563 by ensuring
its accessibility, consistency, simplicity of language, and overall
comprehensibility.
List of Subjects in 45 CFR Parts 1149 and 1158
Administrative practice and procedure, Government contracts, Grant
programs, Loan programs, Lobbying, Penalties.
For the reasons stated in the preamble, the NEA amends 45 CFR
chapter XI, subchapter B, as follows:
PART 1149--PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS
0
1. The authority citation for part 1149 continues to read as follows:
Authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C.
2461 note; 31 U.S.C. 3801-3812.
Sec. 1149.9 [Amended]
0
2. Amend Sec. 1149.9(a)(1) by removing ``$13,945'' and adding in its
place ``$14,307''.
PART 1158--NEW RESTRICTIONS ON LOBBYING
0
3. The authority citation for part 1158 continues to read as follows:
Authority: 20 U.S.C. 959; 28 U.S.C. 2461; 31 U.S.C. 1352.
Sec. 1158.400 [Amended].
0
4. Amend Sec. 1158.400(a), (b), and (e) by:
0
a. Removing ``$24,483'' and adding in its place ``$25,119'' each place
it appears.
0
b. Removing ``$244,958'' and adding in its place ``$251,322'' each
place it appears.
Appendix A to Part 1158 [Amended]
0
5. Amend appendix A to part 1158 by:
0
a. Removing ``$24,483'' and adding in its place ``$25,119'' each place
it appears.
0
b. Removing ``$244,958'' and adding in its place ``$251,322'' each
place it appears.
Dated: January 6, 2025
RaShaunda Thomas,
Deputy Director, Office of Administrative Services & Contracts,
National Endowment for the Arts.
[FR Doc. 2025-00401 Filed 1-10-25; 8:45 am]
BILLING CODE 7537-01-P