81_FR_40643 81 FR 40523 - Federal Civil Penalties Adjustment Act Amendments

81 FR 40523 - Federal Civil Penalties Adjustment Act Amendments

DEPARTMENT OF VETERANS AFFAIRS

Federal Register Volume 81, Issue 120 (June 22, 2016)

Page Range40523-40525
FR Document2016-14592

The Federal Civil Monetary Penalties Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, sets forth a formula increasing the maximum statutory amounts for civil monetary penalties and requires federal agencies to give notice of the new maximum amounts by regulation. Accordingly, this document gives notice that the Department of Veterans Affairs (VA) is increasing maximum civil monetary penalties from $10,000 to $21,563 for false loan guaranty certifications and from $5,500 to $10,781 for fraudulent claims or fraudulent statements in any VA program.

Federal Register, Volume 81 Issue 120 (Wednesday, June 22, 2016)
[Federal Register Volume 81, Number 120 (Wednesday, June 22, 2016)]
[Rules and Regulations]
[Pages 40523-40525]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-14592]


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DEPARTMENT OF VETERANS AFFAIRS

38 CFR Parts 36 and 42

RIN 2900-AP78


Federal Civil Penalties Adjustment Act Amendments

AGENCY: Department of Veterans Affairs.

ACTION: Interim final rule.

-----------------------------------------------------------------------

SUMMARY: The Federal Civil Monetary Penalties Act of 1990, as amended 
by the Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015, sets forth a formula increasing the maximum statutory 
amounts for civil monetary penalties and requires federal agencies to 
give notice of the new maximum amounts by regulation. Accordingly, this 
document gives notice that the Department of Veterans Affairs (VA) is 
increasing maximum civil monetary penalties from $10,000 to $21,563 for 
false loan guaranty certifications and from $5,500 to $10,781 for 
fraudulent claims or fraudulent statements in any VA program.

DATES: Effective Date: This interim final rule is effective June 22, 
2016.
    Comment Date: Comments must be received on or before August 22, 
2016.

ADDRESSES: Written comments may be submitted through 
www.Regulations.gov; by mail or hand-delivery to Director, Regulation 
Policy and Management (02REG), Department of Veterans Affairs, 810 
Vermont Ave. NW., Room 1068, Washington, DC 20420; or by fax to (202) 
273-9026. Comments should indicate that they are submitted in response 
to ``RIN 2900-AP78, Federal Civil Penalties Adjustment Act 
Amendments.'' Copies of comments received will be available for public 
inspection in the Office of Regulation Policy and Management, Room 
1068, between the hours of 8:00 a.m. and 4:30 p.m., Monday through 
Friday (except holidays). Please call (202) 461-4902 (this is not a 
toll-free number) for an appointment. In addition, during the comment 
period, comments may be viewed online through the Federal Docket 
Management System (FDMS) at www.Regulations.gov.

FOR FURTHER INFORMATION CONTACT: Bill Russo, Director, Office of 
Regulations

[[Page 40524]]

Management, Department of Veterans Affairs, 810 Vermont Avenue NW., 
Washington, DC 20420, (202) 386-6406.

SUPPLEMENTARY INFORMATION: On November 2, 2015, the President signed 
into law the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (the 2015 Act) (Sec. 701 of Pub. L. 114-74), 
which amended the Federal Civil Penalties Inflation Adjustment Act of 
1990 (the Inflation Adjustment Act) (Pub. L. 101-410), to improve the 
effectiveness of civil monetary penalties and to maintain their 
deterrent effect.
    The 2015 Act requires agencies to: (1) Adjust the level of civil 
monetary penalties with an initial ``catch-up'' adjustment through an 
interim final rulemaking (IFR); and (2) make subsequent annual 
adjustments for inflation. Catch-up adjustments are to be based on the 
percent change between the Consumer Price Index for all Urban Consumers 
(CPI-U) for the month of October in the year of the previous 
adjustment, and the October 2015 CPI-U. Annual inflation adjustments 
are to be based on the percent change between the October CPI-U 
preceding the date of the adjustment, and the prior year's October CPI-
U.
    The Executive Office of the President Office of Management and 
Budget (OMB) published guidance on February 24, 2016, advising the 
heads of federal agencies how to implement the 2015 Act. See https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf. 
In the guidance, OMB provided the applicable multipliers that federal 
agencies should use when calculating their first adjustment. Agencies 
may not increase penalty levels by more than 150 percent of the 
corresponding levels in effect on November 2, 2015. Note: The 150 
percent limitation is on the amount of the increase; therefore, the 
adjusted penalty level(s) are up to 250 percent of the level(s) in 
effect on November 2, 2015.

Civil Monetary Penalties in the Home Loan Guaranty Program

    The Veterans' Benefits Improvement and Health-Care Authorization 
Act of 1986 authorized VA to levy civil monetary penalties against 
lenders that make false certifications in VA's home loan guaranty 
program. Public Law 99-576, sec. 402, Oct. 28, 1986, codified at 38 
U.S.C. 3710(g)(4). Any lender that knowingly and willfully makes a 
false certification related to VA's credit information and loan 
processing standards is 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. See 38 CFR 36.4340(k). The applicable 
multiplier for a law enacted in 1986 is 2.15628. Therefore, this rule 
increases the civil penalty found at 38 CFR 36.4340(k)(1)(i) and 
36.4340(k)(3) to the greater of two times the amount of the Secretary's 
loss on the loan involved or to another appropriate amount, not to 
exceed $21,563.

Program Fraud Civil Remedies

    The Program Fraud Civil Remedies Act of 1986 authorized federal 
agencies to establish civil penalties and assessments against persons 
who commit fraud in federal programs. See Public Law 99-509, secs. 
6101-6104, Oct. 21, 1986. For participants in VA's programs, a person 
is subject to a civil penalty (in addition to any other remedy that may 
be prescribed by law) for making a fraudulent claim or statement, as 
described in 38 CFR 42.3. .
    The Program Fraud Civil Remedies Act of 1986 originally established 
the amount of the civil penalty at $5,000. See Public Law 99-509, secs. 
6101-6104, Oct. 21, 1986. VA increased the amount to $5,500 in 1990, in 
accordance with the Inflation Adjustment Act. VA has not changed the 
amount other than when it implemented the adjustment due to the 
Inflation Adjustment Act.
    As stated above, OMB has advised that the applicable multiplier for 
laws enacted in 1986 is 2.15628. Rather than applying the multiplier to 
$5,500, however, VA is applying the multiplier to the amount originally 
established in the Program Fraud Civil Remedies Act of 1986, $5,000. 
The initial adjustment from $5,000 to $5,500 is not to be taken into 
account. This is because, under the 2015 Act, agencies are to exclude 
from the catch-up prior inflationary adjustments implemented under the 
Inflation Adjustment Act. Therefore, as of the effective date of this 
rule, the amounts found at 38 CFR 42.3(a)(1) and 38 CFR 42.3(b)(1) are 
amended from $5,500 to $10,781.

Updating Authority Section, 38 CFR Part 42

    VA is also updating the language to account for the codification of 
the authority cited by 38 U.S.C. Ch. I, Pt. 41, Refs & Annos. 
Currently, the language states that the cited authorities are ``. . . 
to be codified at 31 U.S.C. 3801-3812.'' The authorities are now 
codified at 31 U.S.C. 3801-3812. Consequently, VA is removing ``to be 
codified'' and replacing it with ``codified''.

Administrative Procedure Act

    In accordance with 5 U.S.C. 553(b)(B) and (d)(3), the Secretary of 
Veterans Affairs finds, with good cause, that notice and public 
procedure thereon are unnecessary. This interim final rule merely 
calculates the adjustment percentages, specified by the 2015 Act, for 
codification as a VA regulation.
    This final rule does not impose any additional responsibilities on 
any entity and therefore requires no adjustment to any entity's current 
operations, policies, or practices. Instead, it simply adjusts the 
amount of each civil monetary penalty as prescribed by the 2015 Act.

Executive Orders 12866 and 13563

    Executive Orders 12866 and 13563 direct 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 12866 (Regulatory Planning and Review) defines a 
``significant regulatory action,'' which requires review by OMB, as 
``any regulatory action that is likely to result in a rule that may: 
(1) Have an annual effect on the economy of $100 million or more or 
adversely affect in a material way the economy, a sector of the 
economy, productivity, competition, jobs, the environment, public 
health or safety, or State, local, or tribal governments or 
communities; (2) Create a serious inconsistency or otherwise interfere 
with an action taken or planned by another agency; (3) Materially alter 
the budgetary impact of entitlements, grants, user fees, or loan 
programs or the rights and obligations of recipients thereof; or (4) 
Raise novel legal or policy issues arising out of legal mandates, the 
President's priorities, or the principles set forth in this Executive 
Order.''
    The economic, interagency, budgetary, legal, and policy 
implications of this regulatory action have been examined, and it has 
been determined that it is not a significant regulatory action under 
Executive Order 12866.

Unfunded Mandates

    The Unfunded Mandates Reform Act of 1995 requires, at 2 U.S.C. 
1532, that

[[Page 40525]]

agencies prepare an assessment of anticipated costs and benefits before 
issuing any rule that may result in 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 
interim final rule will have no such effect on State, local, and tribal 
governments, or on the private sector.

Paperwork Reduction Act

    This interim final rule contains no provisions constituting a 
collection of information under the Paperwork Reduction Act of 1995 (44 
U.S.C. 3501-3521).

Regulatory Flexibility Act

    The Secretary hereby certifies that this final rule will not have a 
significant economic impact on a substantial number of small entities 
as they are defined in the Regulatory Flexibility Act, 5 U.S.C. 601-
612. Accordingly, no proposed rulemaking was required in connection 
with the adoption of this final rule. Pursuant to 5 U.S.C. 605(b), this 
final rule is exempt from the initial and final regulatory flexibility 
analyses requirements of sections 603 and 604.

Catalog of Federal Domestic Assistance

    The Catalog of Federal Domestic Assistance number and title for the 
program affected by this document is 64.114, Veterans Housing--
Guaranteed and Insured Loans.

Signing Authority

    The Secretary of Veterans Affairs, or designee, approved this 
document 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. Robert D. 
Snyder, Chief of Staff, Department of Veterans Affairs, approved this 
document on May 31, 2016, for publication.

    Dated: June 16, 2016.
Jeffrey Martin,
Office Program Manager, Office of Regulation Policy & Management, 
Office of the Secretary, Department of Veterans Affairs.

List of Subjects in 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.

    For the reasons set out in the preamble, VA amends 38 CFR parts 36 
and 42 as follows:

PART 36--LOAN GUARANTY

0
1. The authority citation for part 36 continues to read as follows:

    Authority: 38 U.S.C. 501 and as otherwise noted.


0
2. In Sec.  36.4340, amend paragraphs (k)(1)(i) and (k)(3) by removing 
``$10,000'' and adding, in its place, ``$21,563'' and by revising the 
authority citation at the end of the section to read as follows:


Sec.  36.4340  Underwriting standards, processing procedures, lender 
responsibility, and lender certification.

* * * * *

(Authority: 28 U.S.C. 2461; 38 U.S.C. 3710)

PART 42--STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES 
ACT

0
3. The authority citation for part 42 is revised to read as follows:

    Authority: Pub. L. 99-509, secs. 6101-6104, 100 Stat. 1874, 
codified at 31 U.S.C. 3801-3812.


0
4. In Sec.  42.3, amend paragraphs (a)(1) and (b)(1) by removing 
``$5,500'' and adding, in its place, ``$10,781'', and by revising the 
authority citation at the end of the section, to read as follows:


Sec.  42.3  Basis for Civil Penalties and Assessments.

* * * * *

(Authority: 28 U.S.C. 2461; 31 U.S.C. 3802)


[FR Doc. 2016-14592 Filed 6-21-16; 8:45 am]
 BILLING CODE 8320-01-P



                                                               Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations                                                40523

                                              environment. This rule involves the                     PART 165—REGULATED NAVIGATION                            Dated: June 14, 2016.
                                              establishment of a safety zone and is                   AREAS AND LIMITED ACCESS AREAS                         Scott B. Lemasters,
                                              therefore categorically excluded from                                                                          Captain, U.S. Coast Guard, Captain of the
                                              further review under paragraph 34(g) of                 ■ 1. The authority citation for part 165               Port Detroit.
                                              Figure 2–1 of the Commandant                            continues to read as follows:                          [FR Doc. 2016–14817 Filed 6–21–16; 8:45 am]
                                              Instruction. An environmental analysis                    Authority: 33 U.S.C. 1231; 50 U.S.C. 191;            BILLING CODE 9110–04–P
                                              checklist supporting this determination                 33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5;
                                              and a Categorical Exclusion                             Department of Homeland Security Delegation
                                              Determination are available in the                      No. 0170.1.                                            DEPARTMENT OF VETERANS
                                              docket where indicated under                                                                                   AFFAIRS
                                              ADDRESSES. We seek any comments or
                                                                                                      ■ 2. Add § 165.T09–0460 to read as
                                              information that may lead to the                        follows:
                                                                                                                                                             38 CFR Parts 36 and 42
                                              discovery of a significant environmental                § 165.T09–0460 Safety Zone; Detroit River              RIN 2900–AP78
                                              impact from this rule.                                  Days Air Show, Detroit River, Detroit, MI.
                                              G. Protest Activities                                      (a) Location. The following area is a               Federal Civil Penalties Adjustment Act
                                                                                                      temporary safety zone: All U.S. waters                 Amendments
                                                The Coast Guard respects the First                    of the Detroit River, Detroit, MI from a
                                              Amendment rights of protesters.                                                                                AGENCY:    Department of Veterans Affairs.
                                                                                                      point on shore in Milliken State Park at
                                              Protesters are asked to contact the                                                                            ACTION:   Interim final rule.
                                                                                                      42°19.87′ N., 083°01.65′ W., proceeding
                                              person listed in the FOR FURTHER                        South-Southeast approximately 450                      SUMMARY:    The Federal Civil Monetary
                                              INFORMATION CONTACT section to                          yards to a point mid-river on the                      Penalties Act of 1990, as amended by
                                              coordinate protest activities so that your              international boundary at 42°19.67′ N.,                the Federal Civil Penalties Inflation
                                              message can be received without                         083°01.57′ N., then proceeding                         Adjustment Act Improvements Act of
                                              jeopardizing the safety or security of                  approximately 1.3 miles West-                          2015, sets forth a formula increasing the
                                              people, places, or vessels.                             Southwest along the international                      maximum statutory amounts for civil
                                              H. Taking of Private Property                           boundary to a point mid-river at                       monetary penalties and requires federal
                                                                                                      42°19.28′ N., 083°03.03′ W., and then                  agencies to give notice of the new
                                                This rule will not cause a taking of                  proceeding to a point on shore                         maximum amounts by regulation.
                                              private property or otherwise have                      immediately West of the Joe Lewis arena                Accordingly, this document gives notice
                                              taking implications under E.O. 12630,                   at 42°19.45′ N., 083°03.17′ N., and then               that the Department of Veterans Affairs
                                              Governmental Actions and Interference                   following the U.S. bank of the Detroit                 (VA) is increasing maximum civil
                                              with Constitutionally Protected Property                River upstream to the point of origin                  monetary penalties from $10,000 to
                                              Rights.                                                 (NAD 83).                                              $21,563 for false loan guaranty
                                                                                                         (b) Enforcement periods. The safety                 certifications and from $5,500 to
                                              I. Civil Justice Reform
                                                                                                      zone described in paragraph (a) of this                $10,781 for fraudulent claims or
                                                 This rule meets applicable standards                 section will be enforced from 12:30 p.m.               fraudulent statements in any VA
                                              in sections 3(a) and 3(b)(2) of E.O.                    until 6:30 p.m. on June 24, 25, and 26,                program.
                                              12988, Civil Justice Reform, to minimize                2016.                                                  DATES: Effective Date: This interim final
                                              litigation, eliminate ambiguity, and                       (c) Regulations. (1) In accordance with             rule is effective June 22, 2016.
                                              reduce burden.                                          the general regulations in § 165.23, entry                Comment Date: Comments must be
                                                                                                      into, transiting, or anchoring within this             received on or before August 22, 2016.
                                              J. Protection of Children                               safety zone is prohibited unless                       ADDRESSES: Written comments may be
                                                We have analyzed this rule under E.O.                 authorized by the Captain of the Port                  submitted through
                                              13045, Protection of Children from                      Detroit (COTP) or his on-scene                         www.Regulations.gov; by mail or hand-
                                              Environmental Health Risks and Safety                   representative.                                        delivery to Director, Regulation Policy
                                              Risks. This rule is not an economically                    (2) The safety zone is closed to all                and Management (02REG), Department
                                              significant rule and does not create an                 vessel traffic, except as may be                       of Veterans Affairs, 810 Vermont Ave.
                                              environmental risk to health or risk to                 permitted by the COTP or his on-scene                  NW., Room 1068, Washington, DC
                                              safety that may disproportionately affect               representative on a case-by-case basis.                20420; or by fax to (202) 273–9026.
                                              children.                                                  (3) The ‘‘on-scene representative’’ of              Comments should indicate that they are
                                                                                                      the COTP is any Coast Guard                            submitted in response to ‘‘RIN 2900–
                                              K. Energy Effects                                       commissioned, warrant or petty officer                 AP78, Federal Civil Penalties
                                                This action is not a ‘‘significant                    or a Federal, State, or local law                      Adjustment Act Amendments.’’ Copies
                                              energy action’’ under E.O. 13211,                       enforcement officer designated by or                   of comments received will be available
                                              Actions Concerning Regulations That                     assisting the COTP to act on his behalf.               for public inspection in the Office of
                                              Significantly Affect Energy Supply,                        (4) Vessel operators must contact the               Regulation Policy and Management,
                                              Distribution, or Use.                                   COTP or his on-scene representative to                 Room 1068, between the hours of 8:00
                                                                                                      obtain permission to enter or operate                  a.m. and 4:30 p.m., Monday through
                                              List of Subjects in 33 CFR Part 165                     within the safety zone. The Captain of                 Friday (except holidays). Please call
                                                                                                      the Port Detroit or his on-scene                       (202) 461–4902 (this is not a toll-free
                                                Harbors, Marine safety, Navigation
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                                                                                                      representative may be contacted via                    number) for an appointment. In
                                              (water), Reporting and record keeping                                                                          addition, during the comment period,
                                                                                                      VHF Channel 16 or at 313–568–9560.
                                              requirements, Security measures,                                                                               comments may be viewed online
                                                                                                      Vessel operators given permission to
                                              Waterways.                                                                                                     through the Federal Docket Management
                                                                                                      enter or operate in the safety zone must
                                                For the reasons discussed in the                      comply with all directions given to                    System (FDMS) at www.Regulations.gov.
                                              preamble, the Coast Guard amends 33                     them by the COTP or his on-scene                       FOR FURTHER INFORMATION CONTACT: Bill
                                              CFR part 165 as follows:                                representative.                                        Russo, Director, Office of Regulations


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                                              40524            Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations

                                              Management, Department of Veterans                      loss on the loan involved or to another                Administrative Procedure Act
                                              Affairs, 810 Vermont Avenue NW.,                        appropriate amount, not to exceed                        In accordance with 5 U.S.C. 553(b)(B)
                                              Washington, DC 20420, (202) 386–6406.                   $10,000, whichever is greater. See 38                  and (d)(3), the Secretary of Veterans
                                              SUPPLEMENTARY INFORMATION: On                           CFR 36.4340(k). The applicable                         Affairs finds, with good cause, that
                                              November 2, 2015, the President signed                  multiplier for a law enacted in 1986 is                notice and public procedure thereon are
                                              into law the Federal Civil Penalties                    2.15628. Therefore, this rule increases                unnecessary. This interim final rule
                                              Inflation Adjustment Act Improvements                   the civil penalty found at 38 CFR                      merely calculates the adjustment
                                              Act of 2015 (the 2015 Act) (Sec. 701 of                 36.4340(k)(1)(i) and 36.4340(k)(3) to the              percentages, specified by the 2015 Act,
                                              Pub. L. 114–74), which amended the                      greater of two times the amount of the                 for codification as a VA regulation.
                                              Federal Civil Penalties Inflation                       Secretary’s loss on the loan involved or                 This final rule does not impose any
                                              Adjustment Act of 1990 (the Inflation                   to another appropriate amount, not to                  additional responsibilities on any entity
                                              Adjustment Act) (Pub. L. 101–410), to                   exceed $21,563.                                        and therefore requires no adjustment to
                                              improve the effectiveness of civil                                                                             any entity’s current operations, policies,
                                              monetary penalties and to maintain                      Program Fraud Civil Remedies
                                                                                                                                                             or practices. Instead, it simply adjusts
                                              their deterrent effect.                                    The Program Fraud Civil Remedies                    the amount of each civil monetary
                                                 The 2015 Act requires agencies to: (1)               Act of 1986 authorized federal agencies                penalty as prescribed by the 2015 Act.
                                              Adjust the level of civil monetary                      to establish civil penalties and
                                              penalties with an initial ‘‘catch-up’’                  assessments against persons who                        Executive Orders 12866 and 13563
                                              adjustment through an interim final                     commit fraud in federal programs. See                     Executive Orders 12866 and 13563
                                              rulemaking (IFR); and (2) make                          Public Law 99–509, secs. 6101–6104,                    direct agencies to assess the costs and
                                              subsequent annual adjustments for                       Oct. 21, 1986. For participants in VA’s                benefits of available regulatory
                                              inflation. Catch-up adjustments are to be               programs, a person is subject to a civil               alternatives and, when regulation is
                                              based on the percent change between                     penalty (in addition to any other remedy               necessary, to select regulatory
                                              the Consumer Price Index for all Urban                  that may be prescribed by law) for                     approaches that maximize net benefits
                                              Consumers (CPI–U) for the month of
                                                                                                      making a fraudulent claim or statement,                (including potential economic,
                                              October in the year of the previous
                                                                                                      as described in 38 CFR 42.3. .                         environmental, public health and safety
                                              adjustment, and the October 2015 CPI–
                                                                                                         The Program Fraud Civil Remedies                    effects, and other advantages;
                                              U. Annual inflation adjustments are to
                                                                                                      Act of 1986 originally established the                 distributive impacts; and equity).
                                              be based on the percent change between
                                                                                                      amount of the civil penalty at $5,000.                 Executive Order 13563 (Improving
                                              the October CPI–U preceding the date of
                                                                                                      See Public Law 99–509, secs. 6101–                     Regulation and Regulatory Review)
                                              the adjustment, and the prior year’s
                                                                                                      6104, Oct. 21, 1986. VA increased the                  emphasizes the importance of
                                              October CPI–U.
                                                 The Executive Office of the President                amount to $5,500 in 1990, in accordance                quantifying both costs and benefits,
                                              Office of Management and Budget                         with the Inflation Adjustment Act. VA                  reducing costs, harmonizing rules, and
                                              (OMB) published guidance on February                    has not changed the amount other than                  promoting flexibility. Executive Order
                                              24, 2016, advising the heads of federal                 when it implemented the adjustment                     12866 (Regulatory Planning and
                                              agencies how to implement the 2015                      due to the Inflation Adjustment Act.                   Review) defines a ‘‘significant
                                              Act. See https://www.whitehouse.gov/                                                                           regulatory action,’’ which requires
                                                                                                         As stated above, OMB has advised                    review by OMB, as ‘‘any regulatory
                                              sites/default/files/omb/memoranda/                      that the applicable multiplier for laws
                                              2016/m-16-06.pdf. In the guidance,                                                                             action that is likely to result in a rule
                                                                                                      enacted in 1986 is 2.15628. Rather than                that may: (1) Have an annual effect on
                                              OMB provided the applicable                             applying the multiplier to $5,500,
                                              multipliers that federal agencies should                                                                       the economy of $100 million or more or
                                                                                                      however, VA is applying the multiplier                 adversely affect in a material way the
                                              use when calculating their first                        to the amount originally established in
                                              adjustment. Agencies may not increase                                                                          economy, a sector of the economy,
                                                                                                      the Program Fraud Civil Remedies Act                   productivity, competition, jobs, the
                                              penalty levels by more than 150 percent                 of 1986, $5,000. The initial adjustment
                                              of the corresponding levels in effect on                                                                       environment, public health or safety, or
                                                                                                      from $5,000 to $5,500 is not to be taken               State, local, or tribal governments or
                                              November 2, 2015. Note: The 150                         into account. This is because, under the
                                              percent limitation is on the amount of                                                                         communities; (2) Create a serious
                                                                                                      2015 Act, agencies are to exclude from                 inconsistency or otherwise interfere
                                              the increase; therefore, the adjusted                   the catch-up prior inflationary
                                              penalty level(s) are up to 250 percent of                                                                      with an action taken or planned by
                                                                                                      adjustments implemented under the                      another agency; (3) Materially alter the
                                              the level(s) in effect on November 2,                   Inflation Adjustment Act. Therefore, as
                                              2015.                                                                                                          budgetary impact of entitlements,
                                                                                                      of the effective date of this rule, the                grants, user fees, or loan programs or the
                                              Civil Monetary Penalties in the Home                    amounts found at 38 CFR 42.3(a)(1) and                 rights and obligations of recipients
                                              Loan Guaranty Program                                   38 CFR 42.3(b)(1) are amended from                     thereof; or (4) Raise novel legal or policy
                                                The Veterans’ Benefits Improvement                    $5,500 to $10,781.                                     issues arising out of legal mandates, the
                                              and Health-Care Authorization Act of                    Updating Authority Section, 38 CFR                     President’s priorities, or the principles
                                              1986 authorized VA to levy civil                        Part 42                                                set forth in this Executive Order.’’
                                              monetary penalties against lenders that                                                                           The economic, interagency,
                                              make false certifications in VA’s home                     VA is also updating the language to                 budgetary, legal, and policy
                                              loan guaranty program. Public Law 99–                   account for the codification of the                    implications of this regulatory action
                                              576, sec. 402, Oct. 28, 1986, codified at               authority cited by 38 U.S.C. Ch. I, Pt. 41,            have been examined, and it has been
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                                              38 U.S.C. 3710(g)(4). Any lender that                   Refs & Annos. Currently, the language                  determined that it is not a significant
                                              knowingly and willfully makes a false                   states that the cited authorities are ‘‘. . .          regulatory action under Executive Order
                                              certification related to VA’s credit                    to be codified at 31 U.S.C. 3801–3812.’’               12866.
                                              information and loan processing                         The authorities are now codified at 31
                                              standards is liable to the United States                U.S.C. 3801–3812. Consequently, VA is                  Unfunded Mandates
                                              Government for a civil penalty equal to                 removing ‘‘to be codified’’ and replacing                The Unfunded Mandates Reform Act
                                              two times the amount of the Secretary’s                 it with ‘‘codified’’.                                  of 1995 requires, at 2 U.S.C. 1532, that


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                                                               Federal Register / Vol. 81, No. 120 / Wednesday, June 22, 2016 / Rules and Regulations                                           40525

                                              agencies prepare an assessment of                       PART 36—LOAN GUARANTY                                  permits for stationary sources, including
                                              anticipated costs and benefits before                                                                          but not limited to the rules governing
                                              issuing any rule that may result in                     ■ 1. The authority citation for part 36                the review and permitting of major
                                              expenditure by State, local, and tribal                 continues to read as follows:                          sources and major modifications under
                                              governments, in the aggregate, or by the                  Authority: 38 U.S.C. 501 and as otherwise            the Act. This action concerns only the
                                              private sector, of $100 million or more                 noted.                                                 major nonattainment NSR provisions in
                                              (adjusted annually for inflation) in any                                                                       ADEQ’s submittal as they pertain to the
                                                                                                      ■  2. In § 36.4340, amend paragraphs
                                              one year. This interim final rule will                                                                         Nogales and West Central Pinal
                                                                                                      (k)(1)(i) and (k)(3) by removing
                                              have no such effect on State, local, and                                                                       nonattainment areas for particulate
                                                                                                      ‘‘$10,000’’ and adding, in its place,
                                              tribal governments, or on the private                                                                          matter with a diameter of 2.5
                                                                                                      ‘‘$21,563’’ and by revising the authority
                                              sector.                                                                                                        micrometers or less (PM2.5). The EPA
                                                                                                      citation at the end of the section to read
                                              Paperwork Reduction Act                                 as follows:                                            previously finalized a limited approval
                                                                                                                                                             for these PM2.5 nonattainment areas
                                                This interim final rule contains no                   § 36.4340 Underwriting standards,                      related to certain major nonattainment
                                              provisions constituting a collection of                 processing procedures, lender                          NSR permitting requirements for PM2.5
                                              information under the Paperwork                         responsibility, and lender certification.              under the CAA. We subsequently
                                              Reduction Act of 1995 (44 U.S.C. 3501–                  *      *      *       *      *                         proposed a limited disapproval for these
                                              3521).                                                                                                         PM2.5 nonattainment areas to set the
                                                                                                      (Authority: 28 U.S.C. 2461; 38 U.S.C. 3710)
                                              Regulatory Flexibility Act                                                                                     stage for remedying certain deficiencies
                                                                                                      PART 42—STANDARDS                                      related to these nonattainment NSR
                                                 The Secretary hereby certifies that
                                                                                                      IMPLEMENTING THE PROGRAM                               permitting requirements for PM2.5, and
                                              this final rule will not have a significant
                                              economic impact on a substantial                        FRAUD CIVIL REMEDIES ACT                               this action finalizes this limited
                                              number of small entities as they are                                                                           disapproval.
                                                                                                      ■ 3. The authority citation for part 42 is             DATES: This rule will be effective on July
                                              defined in the Regulatory Flexibility
                                                                                                      revised to read as follows:                            22, 2016.
                                              Act, 5 U.S.C. 601–612. Accordingly, no
                                              proposed rulemaking was required in                       Authority: Pub. L. 99–509, secs. 6101–               ADDRESSES: The EPA has established
                                              connection with the adoption of this                    6104, 100 Stat. 1874, codified at 31 U.S.C.            docket number EPA–R09–OAR–2015–
                                              final rule. Pursuant to 5 U.S.C. 605(b),                3801–3812.
                                                                                                                                                             0187 for this action. Generally,
                                              this final rule is exempt from the initial              ■ 4. In § 42.3, amend paragraphs (a)(1)                documents in the docket for this action
                                              and final regulatory flexibility analyses               and (b)(1) by removing ‘‘$5,500’’ and                  are available electronically at http://
                                              requirements of sections 603 and 604.                   adding, in its place, ‘‘$10,781’’, and by              www.regulations.gov or in hard copy at
                                              Catalog of Federal Domestic Assistance                  revising the authority citation at the end             EPA Region IX, 75 Hawthorne Street,
                                                                                                      of the section, to read as follows:                    San Francisco, California 94105–3901.
                                                The Catalog of Federal Domestic                                                                              While all documents in the docket are
                                              Assistance number and title for the                     § 42.3 Basis for Civil Penalties and
                                                                                                      Assessments.
                                                                                                                                                             listed at http://www.regulations.gov,
                                              program affected by this document is                                                                           some information may be publicly
                                              64.114, Veterans Housing—Guaranteed                     *      *      *       *      *                         available only at the hard copy location
                                              and Insured Loans.                                      (Authority: 28 U.S.C. 2461; 31 U.S.C. 3802)            (e.g., copyrighted material, large maps,
                                              Signing Authority                                       [FR Doc. 2016–14592 Filed 6–21–16; 8:45 am]            multi-volume reports), and some may
                                                The Secretary of Veterans Affairs, or                 BILLING CODE 8320–01–P                                 not be available in either location (e.g.,
                                              designee, approved this document and                                                                           confidential business information
                                              authorized the undersigned to sign and                                                                         (CBI)). To inspect the hard copy
                                              submit the document to the Office of the                ENVIRONMENTAL PROTECTION                               materials, please schedule an
                                              Federal Register for publication                        AGENCY                                                 appointment during normal business
                                              electronically as an official document of                                                                      hours with the contact listed in the FOR
                                              the Department of Veterans Affairs.                     40 CFR Part 52                                         FURTHER INFORMATION CONTACT section.
                                              Robert D. Snyder, Chief of Staff,                                                                              FOR FURTHER INFORMATION CONTACT: Lisa
                                                                                                      [EPA–R09–OAR–2015–0187; FRL–9948–01–
                                              Department of Veterans Affairs,                         Region 9]                                              Beckham, EPA Region IX, (415) 972–
                                              approved this document on May 31,                                                                              3811, beckham.lisa@epa.gov.
                                              2016, for publication.                                  Limited Disapproval of Air Plan                        SUPPLEMENTARY INFORMATION:
                                                Dated: June 16, 2016.                                 Revisions; Arizona; New Source                         Throughout this document, ‘‘we,’’ ‘‘us’’
                                              Jeffrey Martin,
                                                                                                      Review; PM2.5                                          and ‘‘our’’ refer to the EPA.
                                              Office Program Manager, Office of Regulation            AGENCY:  Environmental Protection                      Table of Contents
                                              Policy & Management, Office of the Secretary,           Agency (EPA).
                                              Department of Veterans Affairs.                                                                                I. Proposed Action
                                                                                                      ACTION: Final rule.                                    II. Public Comments and EPA Responses
                                              List of Subjects in 38 CFR Part 36                                                                             III. EPA Action
                                                                                                      SUMMARY:  The Environmental Protection                 IV. Statutory and Executive Order Reviews
                                                Condominiums, Housing, Individuals                    Agency (EPA) is finalizing a limited
                                              with disabilities, Loan programs-                       disapproval of a revision to the Arizona               I. Proposed Action
                                              housing and community development,                      Department of Environmental Quality                       On May 2, 2016, the EPA proposed a
sradovich on DSK3TPTVN1PROD with RULES




                                              Loan programs-veterans, Manufactured                    (ADEQ) portion of the Arizona State                    limited disapproval of the major
                                              homes, Mortgage insurance, Reporting                    Implementation Plan (SIP) under the                    nonattainment NSR portion of ADEQ’s
                                              and recordkeeping requirements,                         Clean Air Act (CAA or Act). This ADEQ-                 NSR SIP submittal for PM2.5 as it
                                              Veterans.                                               submitted SIP revision primarily was                   pertains to the requirements of CAA
                                                For the reasons set out in the                        intended to serve as a replacement of                  section 189(e). See 81 FR 26185.
                                              preamble, VA amends 38 CFR parts 36                     ADEQ’s SIP-approved rules for the                      ADEQ’s NSR SIP submittal generally
                                              and 42 as follows:                                      issuance of New Source Review (NSR)                    includes requirements for the PM2.5


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Document Created: 2016-06-22 01:05:30
Document Modified: 2016-06-22 01:05:30
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule.
ContactBill Russo, Director, Office of Regulations Management, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 386-6406.
FR Citation81 FR 40523 
RIN Number2900-AP78
CFR Citation38 CFR 36
38 CFR 42
CFR AssociatedCondominiums; Housing; Individuals with Disabilities; Loan Programs-Housing and Community Development; Loan Programs-Veterans; Manufactured Homes; Mortgage Insurance; Reporting and Recordkeeping Requirements and Veterans

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