Annual Civil Monetary Penalties Inflation Adjustment, 3038-3039 [2025-00635]

Download as PDF 3038 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations practice and procedure and/or interpretive rules and do not require notice-and-comment rulemaking. See Perez v. Mortg. Bankers Ass’n, 135 S.Ct. 1199, 1204 (2015) (explaining that interpretive rules ‘‘advise the public of the agency’s construction of the statutes and rules which it administers’’ and do not require notice-and-comment rulemaking when issued or amended); Cooper Techs. Co. v. Dudas, 536 F.3d 1330, 1336–37 (Fed. Cir. 2008) (stating that 5 U.S.C. 553, and thus 35 U.S.C. 2(b)(2)(B), do not require notice-and comment rulemaking for ‘‘interpretative rules, general statements of policy, or rules of agency organization, procedure, or practice’’); and JEM Broadcasting Co. v. F.C.C., 22 F.3d 320, 328 (D.C. Cir. 1994) (explaining that rules are not legislative because they do not ‘‘foreclose effective opportunity to make one’s case on the merits’’). Moreover, the Director of the USPTO, pursuant to authority at 5 U.S.C. 553(b)(B) and (d)(1), finds good cause to adopt the changes in this final rule without prior notice and an opportunity for public comment or a 30-day delay in effectiveness, as such procedures would be unnecessary, impracticable, and contrary to the public interest. As discussed above, the changes in this rulemaking involve corrections of errors in the final rule published on November 18, 2024, (which itself underwent notice and comment rulemaking and a 30-day delay in effective date) that provide clarity and without imposing any new requirements. The corrections will provide clarity and address potential confusion that could result if these errors are not corrected prior to the effective date of the November 18, 2024, final rule. Therefore, good cause exists to dispense with the requirement for prior notice and an opportunity for public comment and a 30-day delay in effectiveness. • A filing fee for each class of goods and/or services, as required by § 2.6(a)(1)(iii); • A verified statement that meets the requirements of §§ 2.33, 2.44, or 2.45, as applicable, dated and signed by a person properly authorized to sign on behalf of the owner pursuant to § 2.193(e)(1); ■ 2. On page 91090, in the third column, in amendatory instruction 3, in § 2.22, paragraphs (a)(6), (8), and (9) are corrected to read as follows: Correction Annual Civil Monetary Penalties Inflation Adjustment In FR Doc. 2024–26644 appearing on page 91062 in the Federal Register of Monday, November 18, 2024, at 89 FR 91062, the following corrections are made: 1. On page 91069, in the second column, the 6th, 8th, and 9th bullets are corrected to read as follows: • One or more bases for filing that satisfy all the requirements of §§ 2.34, 2.44, or 2.45, as applicable. If more than one basis is set forth, the applicant must comply with the requirements of §§ 2.34, 2.44, or 2.45 for each asserted basis, as applicable; * * * * * khammond on DSK9W7S144PROD with RULES ■ VerDate Sep<11>2014 15:48 Jan 13, 2025 Jkt 265001 § 2.22 [Corrected] (a) * * * (6) One or more bases for filing that satisfy all the requirements of §§ 2.34, 2.44, or 2.45, as applicable. If more than one basis is set forth, the applicant must comply with the requirements of §§ 2.34, 2.44, or 2.45 for each asserted basis, as applicable; * * * * * (8) A filing fee for each class of goods and/or services, as required by § 2.6(a)(1)(iii); (9) A verified statement that meets the requirements of § 2.33, § 2.44, or § 2.45, as applicable, dated and signed by a person properly authorized to sign on behalf of the owner pursuant to § 2.193(e)(1); * * * * * Derrick L. Brent, Acting Under Secretary of Commerce for Intellectual Property and Acting Director of the United States Patent and Trademark Office. [FR Doc. 2025–00274 Filed 1–13–25; 8:45 am] BILLING CODE 3510–16–P CORPORATION FOR NATIONAL AND COMMUNITY SERVICE 45 CFR Parts 1230 and 2554 RIN 3045–AA93 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 14, 2025. SUMMARY: PO 00000 Frm 00118 Fmt 4700 Sfmt 4700 FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Office of General Counsel, at eappel@americorps.gov or 202–967–6065. 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 some of 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 17, 2024, OMB Memo for the Heads of Executive Departments and Agencies, M–25–02, Implementation of Penalty Inflation Adjustments for 2025, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The cost-of-living adjustment multiplier for 2025, based on the CPI–U for the month of October 2024, not seasonally adjusted, is 1.02598. 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): E:\FR\FM\14JAR1.SGM 14JAR1 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations • The civil monetary penalties related to Restrictions on Lobbying (45 CFR 1230.400) range from $24,497 to $244,957. Using the 2025 multiplier, the new range of possible civil monetary penalties is from $25,133 to $251,321. • The Program Fraud Civil Remedies Act of 1986 (45 CFR 2554.1) civil monetary penalty has an upper limit of $13,946. Using the 2025 multiplier, the new upper limit of the civil monetary penalty is $14,308. 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 ‘‘$24,497 to $244,957’’ to ‘‘$25,133 to $251,321’’. The civil monetary penalties for the Program Fraud Civil Remedies Act of 1986 increase from ‘‘up to $13,946’’ to ‘‘up to $14,308’’. IV. Regulatory Procedures khammond on DSK9W7S144PROD with RULES 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 VerDate Sep<11>2014 15:48 Jan 13, 2025 Jkt 265001 3039 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, 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. § 1230.400 B. Review Under Procedural Statutes and Executive Orders [FR Doc. 2025–00635 Filed 1–13–25; 8:45 am] 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 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. Frm 00119 Fmt 4700 Appendix A to Part 1230 [Amended] 3. Amend appendix A to part 1230 by removing ‘‘$24,497’’ and ‘‘$244,957’’ wherever they appear and adding in their places ‘‘$25,133’’ and ‘‘$251,321’’, 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 ‘‘$13,946’’ and adding in its place ‘‘$14,308’’. ■ Andrea Grill, Acting General Counsel. BILLING CODE 6050–28–P FEDERAL MARITIME COMMISSION 46 CFR Part 506 [Docket No. FMC–2024–0024] RIN 3072–AD03 Inflation Adjustment of Civil Monetary Penalties 45 CFR Part 1230 PO 00000 [Amended] 2. Amend § 1230.400 by removing ‘‘$24,497’’ and ‘‘$244,957’’ wherever they appear and adding in their places ‘‘$25,133’’ and ‘‘$251,321’’, respectively. ■ Sfmt 4700 Federal Maritime Commission. Final rule. AGENCY: ACTION: The Federal Maritime Commission (Commission) is publishing this final rule to adjust for inflation the civil monetary penalties assessed or enforced by the Commission, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act). The 2015 Act requires that agencies adjust and publish their new civil penalties by January 15 each year. DATES: This rule is effective January 15, 2025. FOR FURTHER INFORMATION CONTACT: David Eng, Secretary; Phone: (202) 523– 5725; Email: Secretary@fmc.gov. SUPPLEMENTARY INFORMATION: This rule adjusts the civil monetary penalties assessable by the Commission in accordance with the 2015 Act, which became effective on November 2, 2015. Public Law 114–74, section 701. The 2015 Act further amended the Federal SUMMARY: E:\FR\FM\14JAR1.SGM 14JAR1

Agencies

[Federal Register Volume 90, Number 8 (Tuesday, January 14, 2025)]
[Rules and Regulations]
[Pages 3038-3039]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00635]


=======================================================================
-----------------------------------------------------------------------

CORPORATION FOR NATIONAL AND COMMUNITY SERVICE

45 CFR Parts 1230 and 2554

RIN 3045-AA93


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 14, 2025.

FOR FURTHER INFORMATION CONTACT: Elizabeth Appel, Office of General 
Counsel, at americorps.gov">eappel@americorps.gov or 202-967-6065.

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 some of 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 17, 2024, OMB Memo for the Heads 
of Executive Departments and Agencies, M-25-02, Implementation of 
Penalty Inflation Adjustments for 2025, Pursuant to the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015. The cost-
of-living adjustment multiplier for 2025, based on the CPI-U for the 
month of October 2024, not seasonally adjusted, is 1.02598.
    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):

[[Page 3039]]

     The civil monetary penalties related to Restrictions on 
Lobbying (45 CFR 1230.400) range from $24,497 to $244,957. Using the 
2025 multiplier, the new range of possible civil monetary penalties is 
from $25,133 to $251,321.
     The Program Fraud Civil Remedies Act of 1986 (45 CFR 
2554.1) civil monetary penalty has an upper limit of $13,946. Using the 
2025 multiplier, the new upper limit of the civil monetary penalty is 
$14,308.

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 ``$24,497 
to $244,957'' to ``$25,133 to $251,321''. The civil monetary penalties 
for the Program Fraud Civil Remedies Act of 1986 increase from ``up to 
$13,946'' to ``up to $14,308''.

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, 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 ``$24,497'' and ``$244,957'' 
wherever they appear and adding in their places ``$25,133'' and 
``$251,321'', respectively.

Appendix A to Part 1230 [Amended]

0
3. Amend appendix A to part 1230 by removing ``$24,497'' and 
``$244,957'' wherever they appear and adding in their places 
``$25,133'' and ``$251,321'', 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 ``$13,946'' and 
adding in its place ``$14,308''.

Andrea Grill,
Acting General Counsel.
[FR Doc. 2025-00635 Filed 1-13-25; 8:45 am]
BILLING CODE 6050-28-P


This site is protected by reCAPTCHA and the Google Privacy Policy and Terms of Service apply.