81 FR 65551 - Federal Civil Penalties Adjustment Act Amendments
DEPARTMENT OF VETERANS AFFAIRS Federal Register Volume 81, Issue 185 (September 23, 2016)
Federal Register Volume 81, Issue 185 (September 23, 2016)
| Page Range | 65551-65552 | |
| FR Document | 2016-22732 |
[Federal Register Volume 81, Number 185 (Friday, September 23, 2016)] [Rules and Regulations] [Pages 65551-65552] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-22732] ======================================================================= ----------------------------------------------------------------------- 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: 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. This final rule of the Department of Veterans Affairs (VA) adopts without change VA's interim final rule, which increased 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: Effective September 23, 2016, the interim final rule published June 22, 2016 (81 FR 40523) is adopted as final. FOR FURTHER INFORMATION CONTACT: Jeffrey Martin, Program Manager, Office of Regulation and Policy Management, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-4918. SUPPLEMENTARY INFORMATION: On June 22, 2016, VA published in the Federal Register an interim final rule adjusting the amounts of civil monetary penalties that VA may assess against participants who make certain false certifications or who engage in fraudulent activity. See 81 FR 40523. The interim final rule increased 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. VA published the interim final rule to implement 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. In calculating the adjusted amounts, VA relied on guidance from The Executive Office of the President Office of Management and Budget (OMB), published 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. VA received one comment in response to the interim final rule. The comment was a photograph that was not relevant to the rulemaking. The photograph was not posted to www.regulations.gov. VA is adopting the interim final rule without change. 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 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. [[Page 65552]] 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. Gina S. Farrisee, Deputy Chief of Staff, Department of Veterans Affairs, approved this document on September 16, 2016, for publication. List of Subjects in 38 CFR Parts 36 and 42 Condominiums, Housing, Individuals with disabilities, Loan programs-housing and community development, Loan programs-veterans, Manufactured homes, Mortgage insurance, Reporting and recordkeeping requirements, Veterans. PART 36--LOAN GUARANTY PART 42--STANDARDS IMPLEMENTING THE PROGRAM FRAUD CIVIL REMEDIES ACT 0 Accordingly, the interim rule amending 38 CFR parts 36 and 42 which was published at 81 FR 40523 on June 22, 2016, is adopted as a final rule without change. Dated: September 16, 2016. Michael Shores Acting Director, Regulation Policy & Management Office of the Secretary Department of Veterans Affairs [FR Doc. 2016-22732 Filed 9-22-16; 8:45 am] BILLING CODE 8320-01-P
![Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations 65551
(c) Regulations. (1) In accordance with fraudulent statements in any VA quantifying both costs and benefits,
the general regulations in § 165.23 of program. reducing costs, harmonizing rules, and
this part, entry into, transiting, or DATES: Effective Date: Effective promoting flexibility. Executive Order
anchoring within this safety zone is September 23, 2016, the interim final 12866 (Regulatory Planning and
prohibited unless authorized by the rule published June 22, 2016 (81 FR Review) defines a ‘‘significant
Captain of the Port Lake Michigan or a 40523) is adopted as final. regulatory action,’’ which requires
designated on-scene representative. review by OMB, as ‘‘any regulatory
FOR FURTHER INFORMATION CONTACT:
(2) This safety zone is closed to all action that is likely to result in a rule
Jeffrey Martin, Program Manager, Office
vessel traffic, except as may be that may: (1) Have an annual effect on
of Regulation and Policy Management,
permitted by the Captain of the Port the economy of $100 million or more or
Department of Veterans Affairs, 810
Lake Michigan or a designated on-scene adversely affect in a material way the
Vermont Avenue NW., Washington, DC economy, a sector of the economy,
representative.
20420, (202) 461–4918. productivity, competition, jobs, the
(3) The ‘‘on-scene representative’’ of
SUPPLEMENTARY INFORMATION: On June environment, public health or safety, or
the Captain of the Port Lake Michigan
is any Coast Guard commissioned, 22, 2016, VA published in the Federal State, local, or tribal governments or
warrant or petty officer who has been Register an interim final rule adjusting communities; (2) Create a serious
designated by the Captain of the Port the amounts of civil monetary penalties inconsistency or otherwise interfere
Lake Michigan to act on his or her that VA may assess against participants with an action taken or planned by
behalf. who make certain false certifications or another agency; (3) Materially alter the
(4) Vessel operators desiring to enter who engage in fraudulent activity. See budgetary impact of entitlements,
or operate within the safety zone shall 81 FR 40523. The interim final rule grants, user fees, or loan programs or the
contact the Captain of the Port Lake increased maximum civil monetary rights and obligations of recipients
Michigan or an on-scene representative penalties from $10,000 to $21,563 for thereof; or (4) Raise novel legal or policy
to obtain permission to do so. The false loan guaranty certifications and issues arising out of legal mandates, the
Captain of the Port Lake Michigan or an from $5,500 to $10,781 for fraudulent President’s priorities, or the principles
on-scene representative may be claims or fraudulent statements in any set forth in this Executive Order.’’
contacted via VHF Channel 16. Vessel VA program. The economic, interagency,
VA published the interim final rule to budgetary, legal, and policy
operators given permission to enter or
implement the Federal Civil Penalties implications of this regulatory action
operate in the safety zone must comply
Inflation Adjustment Act Improvements have been examined, and it has been
with all directions given to them by the
Act of 2015 (the 2015 Act) (Sec. 701 of determined that it is not a significant
Captain of the Port Lake Michigan, or an
Pub. L. 114–74), which amended the regulatory action under Executive Order
on-scene representative.
Federal Civil Penalties Inflation 12866.
Dated: September 19, 2016. Adjustment Act of 1990 (the Inflation
A.B. Cocanour, Adjustment Act) (Pub. L. 101–410), to Unfunded Mandates
Captain, U.S. Coast Guard, Captain of the improve the effectiveness of civil The Unfunded Mandates Reform Act
Port Lake Michigan. monetary penalties and to maintain of 1995 requires, at 2 U.S.C. 1532, that
[FR Doc. 2016–22919 Filed 9–22–16; 8:45 am] their deterrent effect. In calculating the agencies prepare an assessment of
BILLING CODE 9110–04–P adjusted amounts, VA relied on anticipated costs and benefits before
guidance from The Executive Office of issuing any rule that may result in
the President Office of Management and expenditure by State, local, and tribal
DEPARTMENT OF VETERANS Budget (OMB), published on February governments, in the aggregate, or by the
AFFAIRS 24, 2016, advising the heads of federal private sector, of $100 million or more
agencies how to implement the 2015 (adjusted annually for inflation) in any
38 CFR Parts 36 and 42 Act. See https://www.whitehouse.gov/ one year. This interim final rule will
RIN 2900–AP78
sites/default/files/omb/memoranda/ have no such effect on State, local, and
2016/m-16-06.pdf. tribal governments, or on the private
Federal Civil Penalties Adjustment Act VA received one comment in sector.
Amendments response to the interim final rule. The
comment was a photograph that was not Paperwork Reduction Act
AGENCY: Department of Veterans Affairs. relevant to the rulemaking. The This interim final rule contains no
ACTION: Final rule. photograph was not posted to provisions constituting a collection of
www.regulations.gov. VA is adopting information under the Paperwork
SUMMARY: The Federal Civil Monetary the interim final rule without change. Reduction Act of 1995 (44 U.S.C. 3501–
Penalties Act of 1990, as amended by 3521).
the Federal Civil Penalties Inflation Executive Orders 12866 and 13563
Adjustment Act Improvements Act of Executive Orders 12866 and 13563 Regulatory Flexibility Act
2015, sets forth a formula increasing the direct agencies to assess the costs and The Secretary hereby certifies that
maximum statutory amounts for civil benefits of available regulatory this final rule will not have a significant
monetary penalties and requires federal alternatives and, when regulation is economic impact on a substantial
agencies to give notice of the new necessary, to select regulatory number of small entities as they are
maximum amounts by regulation. This approaches that maximize net benefits defined in the Regulatory Flexibility
final rule of the Department of Veterans (including potential economic, Act, 5 U.S.C. 601–612. Accordingly, no
rmajette on DSK2TPTVN1PROD with RULES
Affairs (VA) adopts without change environmental, public health and safety proposed rulemaking was required in
VA’s interim final rule, which increased effects, and other advantages; connection with the adoption of this
maximum civil monetary penalties from distributive impacts; and equity). final rule. Pursuant to 5 U.S.C. 605(b),
$10,000 to $21,563 for false loan Executive Order 13563 (Improving this final rule is exempt from the initial
guaranty certifications and from $5,500 Regulation and Regulatory Review) and final regulatory flexibility analyses
to $10,781 for fraudulent claims or emphasizes the importance of requirements of sections 603 and 604.
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![65552 Federal Register / Vol. 81, No. 185 / Friday, September 23, 2016 / Rules and Regulations
Catalog of Federal Domestic Assistance tolerances under the Federal Food, idx?&c=ecfr&tpl=/ecfrbrowse/Title40/
The Catalog of Federal Domestic Drug, and Cosmetic Act (FFDCA). 40tab_02.tpl.
Assistance number and title for the DATES: This regulation is effective C. How can I file an objection or hearing
program affected by this document is September 23, 2016. Objections and request?
64.114, Veterans Housing—Guaranteed requests for hearings must be received
on or before November 22, 2016, and Under FFDCA section 408(g), 21
and Insured Loans. U.S.C. 346a, any person may file an
must be filed in accordance with the
Signing Authority instructions provided in 40 CFR part objection to any aspect of this regulation
178 (see also Unit I.C. of the and may also request a hearing on those
The Secretary of Veterans Affairs, or
SUPPLEMENTARY INFORMATION). objections. You must file your objection
designee, approved this document and
ADDRESSES: The docket for this action,
or request a hearing on this regulation
authorized the undersigned to sign and
identified by docket identification (ID) in accordance with the instructions
submit the document to the Office of the
number EPA–HQ–OPP–2013–0226, is provided in 40 CFR part 178. To ensure
Federal Register for publication
available at http://www.regulations.gov proper receipt by EPA, you must
electronically as an official document of
or at the Office of Pesticide Programs identify docket ID number EPA–HQ–
the Department of Veterans Affairs. Gina
Regulatory Public Docket (OPP Docket) OPP–2013–0226 in the subject line on
S. Farrisee, Deputy Chief of Staff,
in the Environmental Protection Agency the first page of your submission. All
Department of Veterans Affairs,
Docket Center (EPA/DC), West William objections and requests for a hearing
approved this document on September
Jefferson Clinton Bldg., Rm. 3334, 1301 must be in writing, and must be
16, 2016, for publication.
Constitution Ave. NW., Washington, DC received by the Hearing Clerk on or
List of Subjects in 38 CFR Parts 36 and 20460–0001. The Public Reading Room before November 22, 2016. Addresses
42 is open from 8:30 a.m. to 4:30 p.m., for mail and hand delivery of objections
Condominiums, Housing, Individuals Monday through Friday, excluding legal and hearing requests are provided in 40
with disabilities, Loan programs- holidays. The telephone number for the CFR 178.25(b).
In addition to filing an objection or
housing and community development, Public Reading Room is (202) 566–1744,
hearing request with the Hearing Clerk
Loan programs-veterans, Manufactured and the telephone number for the OPP
as described in 40 CFR part 178, please
homes, Mortgage insurance, Reporting Docket is (703) 305–5805. Please review
submit a copy of the filing (excluding
and recordkeeping requirements, the visitor instructions and additional
any Confidential Business Information
Veterans. information about the docket available
(CBI)) for inclusion in the public docket.
at http://www.epa.gov/dockets.
PART 36—LOAN GUARANTY Information not marked confidential
FOR FURTHER INFORMATION CONTACT:
pursuant to 40 CFR part 2 may be
Michael Goodis, Registration Division disclosed publicly by EPA without prior
PART 42—STANDARDS (7505P), Office of Pesticide Programs,
IMPLEMENTING THE PROGRAM notice. Submit the non-CBI copy of your
Environmental Protection Agency, 1200 objection or hearing request, identified
FRAUD CIVIL REMEDIES ACT Pennsylvania Ave. NW., Washington, by docket ID number EPA–HQ–OPP–
DC 20460–0001; main telephone 2013–0226, by one of the following
■ Accordingly, the interim rule
number: (703) 305–7090; email address: methods:
amending 38 CFR parts 36 and 42 which
RDFRNotices@epa.gov. • Federal eRulemaking Portal: http://
was published at 81 FR 40523 on June
22, 2016, is adopted as a final rule SUPPLEMENTARY INFORMATION: www.regulations.gov. Follow the online
without change. I. General Information instructions for submitting comments.
Do not submit electronically any
Dated: September 16, 2016. A. Does this action apply to me? information you consider to be CBI or
Michael Shores
You may be potentially affected by other information whose disclosure is
Acting Director, Regulation Policy & restricted by statute.
this action if you are an agricultural
Management Office of the Secretary • Mail: OPP Docket, Environmental
Department of Veterans Affairs producer, food manufacturer, or
pesticide manufacturer. The following Protection Agency Docket Center (EPA/
[FR Doc. 2016–22732 Filed 9–22–16; 8:45 am]
list of North American Industrial DC), (28221T), 1200 Pennsylvania Ave.
BILLING CODE 8320–01–P NW., Washington, DC 20460–0001.
Classification System (NAICS) codes is
not intended to be exhaustive, but rather • Hand Delivery: To make special
provides a guide to help readers arrangements for hand delivery or
ENVIRONMENTAL PROTECTION determine whether this document delivery of boxed information, please
AGENCY applies to them. Potentially affected follow the instructions at http://
entities may include: www.epa.gov/dockets/contacts.html.
40 CFR Part 180 • Crop production (NAICS code 111). Additional instructions on
[EPA–HQ–OPP–2013–0226; FRL–9951–68] • Animal production (NAICS code commenting or visiting the docket,
112). along with more information about
Flupyradifurone; Pesticide Tolerances • Food manufacturing (NAICS code dockets generally, is available at http://
311). www.epa.gov/dockets.
AGENCY: Environmental Protection • Pesticide manufacturing (NAICS
Agency (EPA). II. Summary of Petitioned-For
code 32532).
Tolerance
ACTION: Final rule.
B. How can I get electronic access to In the Federal Register of March 16,
rmajette on DSK2TPTVN1PROD with RULES
SUMMARY: This regulation establishes other related information? 2016 (81 FR 14030) (FRL–9942–86),
tolerances for residues of You may access a frequently updated EPA issued a document pursuant to
flupyradifurone in or on multiple electronic version of EPA’s tolerance FFDCA section 408(d)(3), 21 U.S.C.
commodities which are identified and regulations at 40 CFR part 180 through 346a(d)(3), announcing the filing of a
discussed later in this document. Bayer the Government Printing Office’s e-CFR pesticide petition (PP 5F8404) by Bayer
CropScience LP requested these site at http://www.ecfr.gov/cgi-bin/text- CropScience LP, 2 T.W. Alexander
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Document Created: 2016-09-23 01:43:36
Document Modified: 2016-09-23 01:43:36
| 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 | Final rule. | |
| Contact | Jeffrey Martin, Program Manager, Office of Regulation and Policy Management, Department of Veterans Affairs, 810 Vermont Avenue NW., Washington, DC 20420, (202) 461-4918. | |
| FR Citation | 81 FR 65551 | |
| RIN Number | 2900-AP78 | |
| CFR Citation | 38
CFR
36 38 CFR 42 | |
| CFR Associated | Condominiums; 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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