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