81 FR 41438 - Penalty Inflation Adjustments for Civil Money Penalties
SOCIAL SECURITY ADMINISTRATION Federal Register Volume 81, Issue 123 (June 27, 2016)
Federal Register Volume 81, Issue 123 (June 27, 2016)
| Page Range | 41438-41441 | |
| FR Document | 2016-13241 |
[Federal Register Volume 81, Number 123 (Monday, June 27, 2016)] [Rules and Regulations] [Pages 41438-41441] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13241] ======================================================================= ----------------------------------------------------------------------- SOCIAL SECURITY ADMINISTRATION 20 CFR Part 498 [Docket No. SSA-2016-0009] RIN 0960-AH99 Penalty Inflation Adjustments for Civil Money Penalties AGENCY: Social Security Administration. ACTION: Interim Final Rule. ----------------------------------------------------------------------- SUMMARY: In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, and further amended by the Bipartisan Budget Act of 2015, section 701: Federal Civil Penalties Inflation [[Page 41439]] Adjustment Act Improvements Act of 2015, this interim final rule incorporates the penalty inflation adjustments for the civil money penalties contained in the Social Security Act. DATES: This interim final rule is effective on August 1, 2016. FOR FURTHER INFORMATION CONTACT: Joseph E. Gangloff, Chief Counsel to the Inspector General, Room 3-ME-1, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 966-4440, both directly and for IPTTY. For information on eligibility or filing for benefits, call the Social Security Administration's national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit the Social Security Administration's Internet site, Social Security Online, at http://www.socialsecurity.gov. SUPPLEMENTARY INFORMATION: Background The Social Security Administration (SSA) was established as an independent agency, effective March 31, 1995, under Public Law 103-296, the Social Security Independence and Program Improvements Act of 1994 (SSIPIA). The SSIPIA also created an independent Office of the Inspector General (OIG) to which the Commissioner of Social Security (Commissioner) delegated certain authority for civil monetary penalty (CMP) cases on June 28, 1995. On November 27, 1995, the OIG published a final rule at 60 FR 58225 establishing a new Part 498 in Title 20 of the Code of Federal Regulations. This Part serves as a repository for SSA's existing CMP regulations, which implemented section 1140 of the Social Security Act (the Act). These regulations were previously located at 42 CFR part 1003. On April 24, 1996, the OIG published a final rule at 61 FR 18078 to implement SSA's new CMP authority provided under section 206(b) of the SSIPIA, which added section 1129 to the Act, effective October 1, 1994. This authority allows for imposition of penalties and assessments against any individual, organization, agency, or other entity that makes, or causes to be made, a false or misleading statement or representation of a material fact for use in determining initial or continuing rights to Old-Age, Survivors, and Disability Insurance or Supplemental Security Income benefit payments, if the person knew, or should have known, that such statement or representation was false or misleading, or omitted a material fact. In addition, on May 17, 2006, the OIG published a final rule at 71 FR 28579 implementing the changes in the CMP program required by section 251(a) of Public Law 106-169, the Foster Care Independence Act of 1999 (FCIA), enacted December 14, 1999, and by sections 111, 201, 204, and 207 of Public Law 108-203, the Social Security Protection Act of 2004 (SSPA), enacted March 2, 2004. Section 251(a) of FCIA expanded the authority under section 1129 to impose a civil monetary penalty and assessment for fraud involved in the receipt of benefits by certain World War II veterans. Sections 111, 201, 204, and 207 of SSPA broadened the scope under section 1129 by adding new categories of penalties against (1) representative payees with respect to wrongful conversions, and (2) individuals who withhold the disclosure of material facts to the SSA. I. The Debt Collection Improvement Act of 1996 In an effort to maintain the remedial impact of civil money penalties (CMPs) and promote compliance with the law, the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410) was amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104- 134) to require Federal agencies to regularly adjust certain CMPs for inflation. As amended, the law requires each agency to make an initial inflationary adjustment for all applicable CMPs, and to make further adjustments at least once every four years thereafter for these penalty amounts. The Debt Collection Improvement Act of 1996 further stipulates that any resulting increases in a CMP due to the calculated inflation adjustments (i) should apply only to the violations that occur after October 23, 1996--the Act's effective date--and (ii) should not exceed 10 percent of the penalty indicated. In addition to those penalties that fall under the Internal Revenue Code of 1986, the Tariff Act of 1930 and the Occupational Safety and Health Act of 1970, CMPs that come under the Social Security Act were specifically exempted from the requirements of the Debt Collection Improvement Act of 1996. II. Bipartisan Budget Act of 2015, Section 701: Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 The Bipartisan Budget Act of 2015, Section 701: Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Pub. L. 114-74) (the 2015 Adjustment Act) amends the Federal Civil Penalties Inflation Adjustment Act of 1990 to require Federal agencies that impose CMPs subject to inflation adjustments to adjust the penalties for inflation annually instead of at least once every four years. The 2015 Act expanded the categories of penalties that require adjustment for inflation to include CMPs under the Occupational Safety and Health Act of 1970 and the Social Security Act. The 2015 Adjustment Act further requires affected agencies to adjust the level of CMPs with an initial ``catch-up'' adjustment through the publication of this interim final rule no later than July 1, 2016, to be effective no later than August 1, 2016. We will identify, for each penalty, the year and corresponding amount(s) for which the maximum penalty level or range of minimum and maximum penalties was established or last adjusted in statute or regulation. III. Initial Catch-Up Adjustment and Calculation for Annual Inflation Adjustments Based on guidance issued by the Office of Management and Budget (OMB),\1\ we will modify the penalty level or range that we identify as needing an initial catch-up based on the percent change between the non-seasonally adjusted Consumer Price Index for All Urban Consumers (CPI-U) for the month of October in the year in which the penalty was established or previously adjusted and the October 2015 CPI-U.\2\ We also will use OMB-published multipliers to make these adjustments.\3\ This initial catch-up adjustment may not exceed 150 percent of the amount of that penalty on the date of enactment of the 2015 Adjustment Act.\4\ The annual inflation adjustment in subsequent years must be a cost-of-living adjustment based on any increases in the October CPI-U (not seasonally adjusted) each year.\5\ Inflation adjustment increases must be rounded to the nearest multiple of $1.\6\ --------------------------------------------------------------------------- \1\ On February 24, 2016, OMB published its memorandum ``Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015'' (OMB Memorandum M-16-06). The memorandum can be found at https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf. The memorandum provides guidance to implement the civil monetary penalty adjustment requirements of Section 701 of Public Law 114-74. \2\ Id. at 3. \3\ Id. at 6. \4\ Id. at 3 and 8. \5\ Id. at 1. \6\ Id. at 3. --------------------------------------------------------------------------- IV. Social Security Administration's New Penalty Levels Under the Initial Catch-Up Adjustment The Social Security Act currently includes three different CMP levels, one under Section 1129, 42 U.S.C. 1320a-8, and two under Section 1140, 42 U.S.C. [[Page 41440]] 1320b-10. The Section 1129 CMP was established in Section 206(b) of the Social Security Independence and Program Improvements Act of 1994, Public Law 103-296, 108 Stat. 1509. The Section 1140 CMPs were established in Sec. 428(a) of the Medicare Catastrophic Coverage Act of 1988, Public Law 100-360, 102 Stat. 815. Our current maximum CMP is $5,000.00 for each violation under Section 1129 of the Social Security Act, $25,000.00 per broadcast or telecast under Section 1140 of the Social Security Act, and $5,000.00 for all other violations under Section 1140 of the Social Security Act. In OMB Memorandum, M-16-06, OMB instructed affected agencies to add an initial inflationary adjustment amount (a ``catch-up'' amount) to relevant CMPs based on the percent change between the CPI-U for the month of October in the year of the previous adjustment and the October 2015 CPI-U. Based on OMB's guidance, our adjustments to the existing maximum CMPs result in the following new maximum penalties, which will be effective as of August 1, 2016. The information below serves as public notice of the new maximum penalty amounts for 2016; we will not be publishing a separate Federal Register Notice for this change. For any future adjustments, we will publish a notice in the Federal Register to announce the new amounts. Section 1129 CMPs $5,000.00 (current maximum) x 1.59089 (OMB-issued initial adjustment multiplier) = $7,954.00 (new maximum CMP amount-rounded to the nearest dollar). Section 1140 CMPs $25,000.00 (current maximum per broadcast or telecast) x 1.97869 (OMB-issued initial adjustment multiplier) = $49,467.00 (new maximum CMP amount-rounded to the nearest dollar). $5,000.00 (current maximum for all other violations) x 1.97869 (OMB-issued initial adjustment multiplier) = $9,893.00 (new maximum CMP amount-rounded to the nearest dollar). Regulatory Procedures Good Cause for Exception to Rulemaking Procedures Pursuant to sections 205(a), 702(a)(5), and 1631(d)(1) of the Social Security Act, 42 U.S.C. 405(a), 42 U.S.C. 902(a)(5), and 42 U.S.C. 1383(d)(1), the Social Security Administration follows the Administrative Procedures Act (APA) rulemaking procedures specified in 5 U.S.C. 553 in the development of our regulations. The APA provides exceptions to its Notice of Proposed Rulemaking (NPRM) procedures when an agency finds that there is good cause for dispensing with such procedures on the basis that they are impracticable, unnecessary, or contrary to the public interest. In the case of these interim final rules, we have determined that under 5 U.S.C. 553(b)(B), good cause exists for waiving the NPRM procedures because doing so would have been impractical given the Congressional mandates. Public Law 114-74 was signed into law on November 2, 2015. Section 701(b)(1)(D) requires that the Commissioner issue regulations to adjust CMPs through an interim final rulemaking, and requires the initial catch up adjustment to take effect no later than August 1, 2016. Accordingly, to issue these rules as a NPRM would have delayed issuance of final rules well past the required August 1, 2016 effective date. In light of the Congressional mandate that we issue regulations to adjust CMPs through an interim final rulemaking, and that the initial catch up adjustment take effect no later than August 1, 2016, we believe good cause exists for waiver of the NPRM procedures under the APA. Executive Order 12866 as Supplemented by Executive Order 13563 We consulted with OMB and determined that this interim final rule does not meet the criteria for a significant regulatory action under Executive Order 12866 as supplemented by Executive Order 13563. Thus, OMB did not review the interim final rule. Regulatory Flexibility Act We generally prepare a regulatory flexibility analysis consistent with Public Law 96-354, the Regulatory Flexibility Act, unless the Inspector General certifies that a regulation will not have a significant economic impact on a substantial number of small business entities. While the increase in the civil monetary penalties provided for under sections 1129 and 1140 of the Social Security Act might have a slight impact on small entities, it is the nature of the violation and not the size of the entity that will result in an action by the OIG. In either case, we do not anticipate that a substantial number of small entities will be significantly affected by this revised rulemaking. These final rules reflect legislative amendments affecting previously existing sections of the Social Security Act, and do not substantially alter the effect of these sanctions on small business entities. Therefore, we have concluded, and the Inspector General certifies, that a regulatory flexibility analysis is not required for this interim final rule. Paperwork Reduction Act These rules do not create any new or affect any existing collections and, therefore, do not require Office of Management and Budget approval under the Paperwork Reduction Act. (Catalog of Federal Domestic Assistance Program Nos. 96.001, Social Security--Disability Insurance; 96.002, Social Security--Retirement Insurance; 96.004, Social Security--Survivors Insurance; and 96.006, Supplemental Security Income) List of Subjects in 20 CFR Part 498 Administrative practice and procedure, Fraud. Gale Stallworth Stone, Deputy Inspector General of Social Security. For the reasons set forth in the preamble, we amend 20 CFR part 498 as set forth below: PART 498--CIVIL MONETARY PENALTIES, ASSESSMENTS AND RECOMMENDED EXCLUSIONS 0 1. The authority citation for part 498 continues to read as follows: Authority: Secs. 702(a)(5), 1129, and 1140 of the Social Security Act (42 U.S.C. 902(a)(5), 1320a-8, and 1320b-10). 0 2. Amend Sec. 498.103 by adding and reserving paragraph (f), and adding paragraph (g), to read as follows: Sec. 498.103 Amount of penalty. * * * * * (f) [Reserved] (g) (1) The amount of the penalties described in paragraphs (a) through (d) of this section are the maximum penalties which may be assessed under these paragraphs for violations made after June 16, 2006, but before August 1, 2016. (2) (i) After August 1, 2016 penalties are adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134), as further amended by the Bipartisan Budget Act of 2015, Section 701: Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74). (ii) The maximum penalties which may be assessed under this section is the larger of: (A) The amount for the previous calendar year; or (B) An amount adjusted for inflation, calculated by multiplying the amount [[Page 41441]] for the previous calendar year by the percentage by which the Consumer Price Index for all urban consumers for the month of October preceding the current calendar year exceeds the Consumer Price Index for all urban consumers for the month of October of the calendar year two years prior to the current calendar year, adding that amount to the amount for the previous calendar year, and rounding the total to the nearest dollar. (iii) Notice of the maximum penalty which may be assessed under this section for calendar years after 2016 will be published in the Federal Register on an annual basis on or before January 15 of each calendar year. [FR Doc. 2016-13241 Filed 6-24-16; 8:45 am] BILLING CODE 4191-02-P
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$1,000,000 or triple the monetary gain (1) Committed between May 22, 2008 (2) Committed between October 23,
to such person for each such violation; and August 14, 2011, not more than the 2000 and October 22, 2004, not more
and greater of $1,000,000 or triple the than the greater of $120,000 or triple the
(2) [Reserved] monetary gain to such person for each monetary gain to such person for each
(B) For all other violations: such violation; such violation;
(1) Committed between November 27, (2) Committed on or after August 15, (3) Committed between October 23,
1996 and October 22, 2000, not more 2011, not more than the greater of 2004 and October 22, 2008, not more
than the greater of $110,000 or triple the $1,025,000 or triple the monetary gain than the greater of $130,000 or triple the
monetary gain to such person for each to such person for each such violation; monetary gain to such person for each
such violation; and such violation; and
(2) Committed between October 23, (B) For all other violations: (4) Committed on or after October 23,
2000 and October 22, 2004, not more (1) Committed between November 27, 2008, not more than the greater of
than the greater of $120,000 or triple the 1996 and October 22, 2000, not more $140,000 or triple the monetary gain to
monetary gain to such person for each than $550,000 for each such violation; such person for each such violation;
such violation; (2) Committed between October 23, (ii) In an administrative proceeding
(3) Committed between October 23, 2000 and October 22, 2004, not more before the Commission or a civil action
2004 and October 22, 2008, not more than $575,000 for each such violation; in Federal court initiated on or after
than the greater of $130,000 or triple the (3) Committed between October 23, August 1, 2016:
monetary gain to such person for each 2004 and October 22, 2008, not more (A) For manipulation or attempted
such violation; and than $625,000 for each such violation;
(4) Committed on or after October 23, manipulation violations, not more than
(4) Committed between October 23, the greater of $1,098,190 or triple the
2008, not more than the greater of 2008 and October 22, 2012, not more
$140,000 or triple the monetary gain to monetary gain to such person for each
than the greater of $675,000 or triple the such violation; and
such person for each such violation; monetary gain to such person for each
(ii) In an administrative proceeding (B) For all other violations, not more
such violation; and than the greater of $167,728 or triple the
before the Commission or a civil action (5) Committed on or after October 23,
in Federal court initiated on or after monetary gain to such person for each
2012, not more than the greater of such violation.
August 1, 2016: $700,000 or triple the monetary gain to
(A) For manipulation or attempted (b) The Commission will adjust for
such person for each such violation; and inflation the maximum penalties set
manipulation violations, not more than (ii) In an administrative proceeding
the greater of $1,098,190 or triple the forth in this section on a yearly basis.
before the Commission or a civil action
monetary gain to such person for each Issued in Washington, DC, on June 21,
in Federal court initiated on or after
such violation; and 2016, by the Commission.
(B) For all other violations: August 1, 2016:
(A) For manipulation or attempted Christopher J. Kirkpatrick,
(1) Not more than the greater of Secretary of the Commission.
$152,243 or triple the monetary gain to manipulation violations, not more than
such person for each such violation; and the greater of $1,098,190 or triple the Note: The following appendix will not
(2) [Reserved] monetary gain to such person for each appear in the Code of Federal Regulations.
(2) For a civil monetary penalty such violation; and
assessed pursuant to Section 6(d) of the (B) For all other violations, not more Appendix to Adjustment of Civil
Commodity Exchange Act, 7 U.S.C. 13b, than the greater of $838,640 or triple the Monetary Penalties for Inflation—
against any person (other than a monetary gain to such person for each Commission Voting Summary
registered entity): such violation;
(4) For a civil monetary penalty On this matter, Chairman Massad and
(i) In an administrative proceeding Commissioners Bowen and Giancarlo voted
before the Commission or a civil action assessed pursuant to Section 6c of the
in the affirmative. No Commissioner voted in
in Federal court initiated prior to Commodity Exchange Act, 7 U.S.C. 13a– the negative.
August 1, 2016, for violations 1, against any registered entity or other
[FR Doc. 2016–15078 Filed 6–24–16; 8:45 am]
committed on or after August 15, 2011, person:
(i) In an administrative proceeding BILLING CODE 6351–01–P
not more than the greater of $140,000 or
triple the monetary gain to such person before the Commission or a civil action
for each such violation; and in Federal court initiated prior to
(ii) In an administrative proceeding August 1, 2016: SOCIAL SECURITY ADMINISTRATION
before the Commission or a civil action (A) For manipulation or attempted
manipulation violations: 20 CFR Part 498
in Federal court initiated prior or after
August 1, 2016, not more than the (1) Committed between May 22, 2008 [Docket No. SSA–2016–0009]
greater of $152,243 or triple the and August 14, 2011, not more than the
RIN 0960–AH99
monetary gain to such person for each greater of $1,000,000 or triple the
such violation; and monetary gain to such person for each Penalty Inflation Adjustments for Civil
(3) For a civil monetary penalty such violation; and Money Penalties
assessed pursuant to Section 6b of the (2) Committed on or after August 15,
Commodity Exchange Act, 7 U.S.C. 13a, 2011, not more than the greater of AGENCY: Social Security Administration.
against any registered entity or any $1,025,000 or triple the monetary gain ACTION: Interim Final Rule.
director, officer, agent, or employee of to such person for each such violation;
any registered entity: and SUMMARY: In accordance with the
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(i) In an administrative proceeding (B) For all other violations: Federal Civil Penalties Inflation
before the Commission or a civil action (1) Committed between November 27, Adjustment Act of 1990, as amended by
in Federal court initiated prior to 1996 and October 22, 2000, not more the Debt Collection Improvement Act of
August 1, 2016: than the greater of $110,000 or triple the 1996, and further amended by the
(A) For manipulation or attempted monetary gain to such person for each Bipartisan Budget Act of 2015, section
manipulation violations: such violation; 701: Federal Civil Penalties Inflation
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![41440 Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations
1320b–10. The Section 1129 CMP was in 5 U.S.C. 553 in the development of sanctions on small business entities.
established in Section 206(b) of the our regulations. Therefore, we have concluded, and the
Social Security Independence and The APA provides exceptions to its Inspector General certifies, that a
Program Improvements Act of 1994, Notice of Proposed Rulemaking (NPRM) regulatory flexibility analysis is not
Public Law 103–296, 108 Stat. 1509. procedures when an agency finds that required for this interim final rule.
The Section 1140 CMPs were there is good cause for dispensing with
such procedures on the basis that they Paperwork Reduction Act
established in Sec. 428(a) of the
Medicare Catastrophic Coverage Act of are impracticable, unnecessary, or These rules do not create any new or
1988, Public Law 100–360, 102 Stat. contrary to the public interest. In the affect any existing collections and,
815. case of these interim final rules, we therefore, do not require Office of
Our current maximum CMP is have determined that under 5 U.S.C. Management and Budget approval
$5,000.00 for each violation under 553(b)(B), good cause exists for waiving under the Paperwork Reduction Act.
Section 1129 of the Social Security Act, the NPRM procedures because doing so (Catalog of Federal Domestic Assistance
$25,000.00 per broadcast or telecast would have been impractical given the Program Nos. 96.001, Social Security—
under Section 1140 of the Social Congressional mandates. Disability Insurance; 96.002, Social
Security Act, and $5,000.00 for all other Public Law 114–74 was signed into Security—Retirement Insurance; 96.004,
violations under Section 1140 of the law on November 2, 2015. Section Social Security—Survivors Insurance; and
701(b)(1)(D) requires that the 96.006, Supplemental Security Income)
Social Security Act. In OMB
Memorandum, M–16–06, OMB Commissioner issue regulations to List of Subjects in 20 CFR Part 498
instructed affected agencies to add an adjust CMPs through an interim final
rulemaking, and requires the initial Administrative practice and
initial inflationary adjustment amount procedure, Fraud.
(a ‘‘catch-up’’ amount) to relevant CMPs catch up adjustment to take effect no
based on the percent change between later than August 1, 2016. Accordingly, Gale Stallworth Stone,
the CPI–U for the month of October in to issue these rules as a NPRM would Deputy Inspector General of Social Security.
the year of the previous adjustment and have delayed issuance of final rules well For the reasons set forth in the
the October 2015 CPI–U. Based on past the required August 1, 2016 preamble, we amend 20 CFR part 498 as
OMB’s guidance, our adjustments to the effective date. In light of the set forth below:
existing maximum CMPs result in the Congressional mandate that we issue
following new maximum penalties, regulations to adjust CMPs through an PART 498—CIVIL MONETARY
which will be effective as of August 1, interim final rulemaking, and that the PENALTIES, ASSESSMENTS AND
2016. The information below serves as initial catch up adjustment take effect RECOMMENDED EXCLUSIONS
public notice of the new maximum no later than August 1, 2016, we believe
good cause exists for waiver of the ■ 1. The authority citation for part 498
penalty amounts for 2016; we will not
NPRM procedures under the APA. continues to read as follows:
be publishing a separate Federal
Register Notice for this change. For any Executive Order 12866 as Authority: Secs. 702(a)(5), 1129, and 1140
future adjustments, we will publish a of the Social Security Act (42 U.S.C.
Supplemented by Executive Order
902(a)(5), 1320a–8, and 1320b–10).
notice in the Federal Register to 13563
announce the new amounts. ■ 2. Amend § 498.103 by adding and
We consulted with OMB and
reserving paragraph (f), and adding
Section 1129 CMPs determined that this interim final rule
paragraph (g), to read as follows:
does not meet the criteria for a
$5,000.00 (current maximum) ×
significant regulatory action under § 498.103 Amount of penalty.
1.59089 (OMB-issued initial adjustment
Executive Order 12866 as supplemented * * * * *
multiplier) = $7,954.00 (new maximum
by Executive Order 13563. Thus, OMB (f) [Reserved]
CMP amount-rounded to the nearest
did not review the interim final rule. (g) (1) The amount of the penalties
dollar).
Regulatory Flexibility Act described in paragraphs (a) through (d)
Section 1140 CMPs of this section are the maximum
We generally prepare a regulatory penalties which may be assessed under
$25,000.00 (current maximum per flexibility analysis consistent with
broadcast or telecast) × 1.97869 (OMB- these paragraphs for violations made
Public Law 96–354, the Regulatory after June 16, 2006, but before August 1,
issued initial adjustment multiplier) = Flexibility Act, unless the Inspector
$49,467.00 (new maximum CMP 2016.
General certifies that a regulation will (2) (i) After August 1, 2016 penalties
amount-rounded to the nearest dollar). not have a significant economic impact
$5,000.00 (current maximum for all are adjusted in accordance with the
on a substantial number of small Federal Civil Penalties Inflation
other violations) × 1.97869 (OMB-issued business entities. While the increase in
initial adjustment multiplier) = Adjustment Act of 1990 (Pub. L. 101–
the civil monetary penalties provided 410), as amended by the Debt Collection
$9,893.00 (new maximum CMP amount- for under sections 1129 and 1140 of the
rounded to the nearest dollar). Improvement Act of 1996 (Pub. L. 104–
Social Security Act might have a slight 134), as further amended by the
Regulatory Procedures impact on small entities, it is the nature Bipartisan Budget Act of 2015, Section
of the violation and not the size of the 701: Federal Civil Penalties Inflation
Good Cause for Exception to entity that will result in an action by the
Rulemaking Procedures Adjustment Act Improvements Act of
OIG. In either case, we do not anticipate 2015 (Section 701 of Pub. L. 114–74).
Pursuant to sections 205(a), 702(a)(5), that a substantial number of small (ii) The maximum penalties which
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and 1631(d)(1) of the Social Security entities will be significantly affected by may be assessed under this section is
Act, 42 U.S.C. 405(a), 42 U.S.C. this revised rulemaking. These final the larger of:
902(a)(5), and 42 U.S.C. 1383(d)(1), the rules reflect legislative amendments (A) The amount for the previous
Social Security Administration follows affecting previously existing sections of calendar year; or
the Administrative Procedures Act the Social Security Act, and do not (B) An amount adjusted for inflation,
(APA) rulemaking procedures specified substantially alter the effect of these calculated by multiplying the amount
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![Federal Register / Vol. 81, No. 123 / Monday, June 27, 2016 / Rules and Regulations 41441
for the previous calendar year by the • Federal eRulemaking Portal: http:// Agency will review this copy, including
percentage by which the Consumer www.regulations.gov. Follow the the claimed confidential information, in
Price Index for all urban consumers for instructions for submitting comments. its consideration of comments. The
the month of October preceding the Comments submitted electronically, second copy, which will have the
current calendar year exceeds the including attachments, to http:// claimed confidential information
Consumer Price Index for all urban www.regulations.gov will be posted to redacted/blacked out, will be available
consumers for the month of October of the docket unchanged. Because your for public viewing and posted on http://
the calendar year two years prior to the comment will be made public, you are www.regulations.gov. Submit both
current calendar year, adding that solely responsible for ensuring that your copies to the Division of Dockets
amount to the amount for the previous comment does not include any Management. If you do not wish your
calendar year, and rounding the total to confidential information that you or a name and contact information to be
the nearest dollar. third party may not wish to be posted, made publicly available, you can
(iii) Notice of the maximum penalty such as medical information, your or provide this information on the cover
which may be assessed under this anyone else’s Social Security number, or sheet and not in the body of your
section for calendar years after 2016 will confidential business information, such comments and you must identify this
be published in the Federal Register on as a manufacturing process. Please note information as ‘‘confidential.’’ Any
an annual basis on or before January 15 that if you include your name, contact information marked as ‘‘confidential’’
of each calendar year. information, or other information that will not be disclosed except in
[FR Doc. 2016–13241 Filed 6–24–16; 8:45 am]
identifies you in the body of your accordance with 21 CFR 10.20 and other
comments, that information will be applicable disclosure law. For more
BILLING CODE 4191–02–P
posted on http://www.regulations.gov. information about FDA’s posting of
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Final rule; extension of the
ACTION: submitted to the Division of Dockets FOR FURTHER INFORMATION CONTACT:
comment period. Management, FDA will post your Chelsea Trull, Center for Veterinary
comment, as well as any attachments, Medicine, Food and Drug
SUMMARY: The Food and Drug except for information submitted, Administration, 7519 Standish Pl.,
Administration (FDA or we) is marked and identified, as confidential, Rockville, MD 20855, 240–402–6729,
extending the comment period for the if submitted as detailed in chelsea.trull@fda.hhs.gov.
final rule, published in the Federal ‘‘Instructions.’’ SUPPLEMENTARY INFORMATION: In the
Register of June 3, 2016, amending the Instructions: All submissions received Federal Register of June 3, 2016 (81 FR
regulations for food additives permitted must include the Docket No. FDA– 35610), FDA amended the regulations
in feed and drinking water of animals to 2014–F–0232 for ‘‘Food Additives for food additives permitted in feed and
provide for the safe use of chromium Permitted in Feed and Drinking Water drinking water of animals to provide for
propionate as a source of chromium in of Animals; Chromium Propionate.’’ the safe use of chromium propionate as
broiler chicken feed. This action is in Received comments will be placed in a source of chromium in broiler chicken
response to a food additive petition filed the docket and, except for those feed. This action is in response to a food
by Kemin Industries, Inc. We are taking submitted as ‘‘Confidential additive petition filed by Kemin
this action due to maintenance on the Submissions,’’ publicly viewable at Industries, Inc. (Kemin). FDA found no
Federal eRulemaking portal from July 1 http://www.regulations.gov or at the significant environmental impact of this
through July 5, 2016. Division of Dockets Management action based on its evaluation of
DATES: The FDA confirms the June 3, between 9 a.m. and 4 p.m., Monday evidence contained in an environmental
2016, effective date of the final rule that through Friday. assessment submitted by Kemin.
published on June 3, 2016 (81 FR • Confidential Submissions—To Interested persons were originally
35610). The comment period for the submit a comment with confidential given until July 5, 2016, to submit
final rule is extended. Submit either information that you do not wish to be comments or written objections and a
electronic or written comments by July made publicly available, submit your request for a hearing.
19, 2016. comments only as a written/paper From July 1 through July 5, 2016, the
Lhorne on DSK30JT082PROD with RULES
ADDRESSES: You may submit comments submission. You should submit two Federal eRulemaking Portal, http://
as follows: copies total. One copy will include the www.regulations.gov, is undergoing
information you claim to be confidential maintenance. Therefore, we are
Electronic Submissions with a heading or cover note that states extending the comment period for the
Submit electronic comments in the ‘‘THIS DOCUMENT CONTAINS regulations permitting the use of
following way: CONFIDENTIAL INFORMATION.’’ The chromium propionate as a source of
VerDate Sep<11>2014 15:06 Jun 24, 2016 Jkt 238001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 E:\FR\FM\27JNR1.SGM 27JNR1](https://thefederalregister.org/doc/81_FR_41561/page/4.svg)
Document Created: 2016-06-25 02:06:39
Document Modified: 2016-06-25 02:06:39
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim Final Rule. | |
| Dates | This interim final rule is effective on August 1, 2016. | |
| Contact | Joseph E. Gangloff, Chief Counsel to the Inspector General, Room 3-ME-1, 6401 Security Boulevard, Baltimore, MD 21235-6401, (410) 966-4440, both directly and for IPTTY. For information on eligibility or filing for benefits, call the Social Security Administration's national toll-free number, 1-800-772-1213 or TTY 1-800-325-0778, or visit the Social Security Administration's Internet site, Social Security Online, at http:// www.socialsecurity.gov. | |
| FR Citation | 81 FR 41438 | |
| RIN Number | 0960-AH99 | |
| CFR Associated | Administrative Practice and Procedure and Fraud |
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