82 FR 48760 - Implementation of the Federal Civil Penalties Inflation Adjustment Act and Adjustment of Amounts for 2017

NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

Federal Register Volume 82, Issue 202 (October 20, 2017)

Page Range		48760-48762
FR Document		2017-22847

The National Aeronautics and Space Administration (NASA) has adopted as final the interim final rule concerning adjustments to civil monetary penalties within its jurisdiction for inflation. The interim rule was published on June 26, 2017, and applied a new methodology to calculate civil monetary penalties as mandated by the Federal Civil Penalties Adjustment Act Improvements Act of 2015, starting with an initial adjustment to previous unadjusted penalty amounts. The changes in the interim final rule made final by this rule are effective October 20, 2017 and applicable as of August 25, 2017. In addition, this final rule provides for 2017 inflation adjustments of monetary penalties amounts required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

Federal Register, Volume 82 Issue 202 (Friday, October 20, 2017)

[Federal Register Volume 82, Number 202 (Friday, October 20, 2017)]
[Rules and Regulations]
[Pages 48760-48762]
From the Federal Register Online [www.thefederalregister.org]
[FR Doc No: 2017-22847]

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NATIONAL AERONAUTICS AND SPACE ADMINISTRATION

14 CFR Parts 1264 and 1271

RIN 2700-AE30
[Document Number NASA-17-071: Docket Number-NASA-2017-0004]

Implementation of the Federal Civil Penalties Inflation
Adjustment Act and Adjustment of Amounts for 2017

AGENCY: National Aeronautics and Space Administration.

[[Page 48761]]

ACTION: Final rule.

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SUMMARY: The National Aeronautics and Space Administration (NASA) has
adopted as final the interim final rule concerning adjustments to civil
monetary penalties within its jurisdiction for inflation. The interim
rule was published on June 26, 2017, and applied a new methodology to
calculate civil monetary penalties as mandated by the Federal Civil
Penalties Adjustment Act Improvements Act of 2015, starting with an
initial adjustment to previous unadjusted penalty amounts. The changes
in the interim final rule made final by this rule are effective October
20, 2017 and applicable as of August 25, 2017. In addition, this final
rule provides for 2017 inflation adjustments of monetary penalties
amounts required by the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015.

DATES:
Effective: This final rule is effective October 20, 2017.
Applicable: This final rule is applicable as of August 25, 2017.

FOR FURTHER INFORMATION CONTACT: Bryan R. Diederich, Office of the
General Counsel, NASA Headquarters, telephone (202) 358-0216.

SUPPLEMENTARY INFORMATION:

I. Background

A. The June 26, 2017, Interim Rule

The Inflation Adjustment Act, as amended by the 2015 Act, requires
Federal agencies to adjust the civil penalty amounts within their
jurisdiction for inflation by July 1, 2016, and then by January 15
every year thereafter.\1\ Agencies must make the initial 2016
adjustments through an interim final rulemaking published in the
Federal Register.\2\ Under the amended Act, any increase in a civil
penalty made under the Act will apply to penalties assessed after the
increase takes effect, including penalties whose associated violation
predated the increase.\3\ The inflation adjustments mandated by the Act
serve to maintain the deterrent effect of civil penalties and to
promote compliance with the law.
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\1\ See 28 U.S.C. 2461 note.
\2\ The statute also provides that, for the initial 2016
adjustment, an agency may adjust a civil penalty by less than the
otherwise required amount if (1) it determines, after publishing a
notice of proposed rulemaking and providing an opportunity for
comment, that increasing the civil penalty by the otherwise required
amount would have a negative economic impact or that the social
costs of increasing the civil penalty by the otherwise required
amount outweigh the benefits, and (2) the Director of the Office of
Management and Budget concurs with that determination. Inflation
Adjustment Act section 4(c), codified at 28 UUSC 2461 note. NASA has
chosen not to make use of this exception.
\3\ Inflation Adjustment Act section 6, codified at 28 U.S.C.
2461 note.
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On June 26, 2017, NASA published its interim final rule providing
for the initial adjustment called for under the Act.\4\ The public
comment period interim final rule closed on August 24, 2016, and the
rule became effective on August 25, 2017. NASA received no comments on
the interim final rule.
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\4\ 82 FR 28760.
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B. 2017 Inflation Adjustment

After the initial adjustment, the Act requires agencies to make
subsequent annual adjustments for inflation ``notwithstanding section
553 of title 5, United States Code.'' Section 553 refers to the
Administrative Procedure Act, which might otherwise require a delay for
advance notice and opportunity for public comments on future annual
inflation adjustments. The first of these subsequent adjustments is for
2017. Because of a delay in publishing NASA's 2016 inflation
adjustments as an interim final rule, the time for making the 2017
adjustment was reached while NASA was in the process of publishing its
2016 adjustments. Accordingly, in adopting as final the interim rule
published on June 26, 2017, NASA is adjusting the penalty amounts to
reflect the 2017 adjustments required by law.
The 2017 annual adjustments are based on the percent change between
the U.S. Department of Labor's Consumer Price Index for All Urban
Consumers (``CPI-U'') for the month of October preceding the date of
the adjustment, and the CPI-U for October of the prior year (28 U.S.C.
2461 note, section (5)(b)(1)). Based on that formula, the cost-of-
living adjustment multiplier for 2017 is 1.01636. Pursuant to the 2015
Act, adjustments are rounded to the nearest dollar.

II. The Final Rule

This rule makes final the interim final rule published June 26,
2017. In addition, this rule makes the required 2017 inflation
adjustment. These adjusted amounts are reflected in the following
table.

----------------------------------------------------------------------------------------------------------------
Penalty
Penalty in reflecting
Law Penalty description June 26, 2017 2017
interim rule adjustment
----------------------------------------------------------------------------------------------------------------
Program Fraud Civil Remedies Act of 1986...... Maximum Penalties for False $10,781 $10,957
Claims.
Department of the Interior and Related Minimum Penalty for use of 18,936 19,246
Agencies Appropriations Act of 1989, Public appropriated funds to lobby or
Law 101-121, sec. 319. influence certain contracts.
Department of the Interior and Related Maximum Penalty for use of 189,361 192,459
Agencies Appropriations Act of 1989, Public appropriated funds to lobby or
Law 101-121, sec. 319. influence certain contracts.
Department of the Interior and Related Minimum penalty for failure to 18,936 19,246
Agencies Appropriations Act of 1989, Public report certain lobbying
Law 101-121, sec. 319. transactions.
Department of the Interior and Related Maximum penalty for failure to 189,361 192,459
Agencies Appropriations Act of 1989, Public report certain lobbying
Law 101-121, sec. 319. transactions.
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This rule codifies these civil penalty amounts by amending parts
1264 and 1271 of title 14 of the CFR.

III. Legal Authority and Effective Date

NASA issues this rule under the Federal Civil Penalties Inflation
Adjustment Act of 1990,\5\ as amended by the Debt Collection
Improvement Act of 1996,\6\ and further amended by the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015,\7\ which
requires NASA to adjust the civil penalties within its jurisdiction for
inflation according to a statutorily prescribed formula.
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\5\ Public Law 101-410, 104 Stat. 890 (1990).
\6\ Public Law 104-134, section 31001(s)(1), 110 Stat. 1321,
1321-373 (1996).
\7\ Public Law 114-74, section 701, 129 Stat. 584, 599 (2015).
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The Administrative Procedure Act (APA) generally requires an agency
to publish a rule at least 30 days before its effective date.\8\ NASA's
publication of the June 26, 2017, interim final rule met

[[Page 48762]]

this requirement. As explained above, the adjustments required for
years subsequent to 2017 are not subject to the requirements of the
Administrative Procedure Act. Moreover, the 2017 adjustments are made
according to a statutory formula that does not provide for agency
discretion. Accordingly, a delay in effectiveness of the 2017
adjustments is not required.
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\8\ See 5 U.S.C. 533(d).
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IV. Regulatory Requirements

Regulatory Flexibility Act

Because no notice of proposed rulemaking is required, the
Regulatory Flexibility Act does not require an initial or final
regulatory flexibility analysis.\9\
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\9\ 5 U.S.C. 603(a), 604(a).
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Paperwork Reduction Act

In accordance with the Paperwork Reduction Act of 1995,\10\ NASA
reviewed this interim final rule. No collections of information
pursuant to the Paperwork Reduction Act are contained in the interim
final rule.
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\10\ 44 U.S.C. 3506.
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List of Subjects in 14 CFR Parts 1264 and 1271

Claims, Lobbying, Penalties.

For the reasons stated in the preamble, the National Aeronautics
and Space Administration adopts as final the interim rule amending 14
CFR parts 1264 and 1271 which published on June 26, 2017, at 82 FR
28760, with the following changes:

PART 1264--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL PENALTIES ACT
OF 1986

0
1. The authority citation for part 1264 continues to read as follows:

Authority: 31 U.S.C. 3809, 51 U.S.C. 20113(a).

Sec. 1264.102 [Amended]

0
2. In Sec. 1264.102, paragraphs (a) and (b), remove the number
``$10,781'' and add in its place the number ``$10,957.''

PART 1271--NEW RESTRICTIONS ON LOBBYING

0
3. The authority citation for part 1271 continues to read as follows:

Authority: Section 319, Pub. L. 101-121 (31 U.S.C. 1352); Pub.
L. 97-258 (31 U.S.C. 6301 et seq.)

Sec. 1271.400 [Amended]

0
4. In Sec. 1271.400:
0
a. In paragraphs (a) and (b) remove the words ``not less than $18,936
and not more than $189,361'' and add in their place the words ``not
less than $19,246 and not more than $192,459.''
0
b. In paragraph (e), remove the two occurrences of ``$18,936'' and add
in their place ``$19,246'' and remove ``189,361'' and add in its place
``$192,459''.

Appendix A to Part 1271 [Amended]

0
5. In appendix A to part 1271, in the paragraph following paragraph (3)
and in the last paragraph of the appendix, remove the words ``not less
than $18,936 and not more than $189,361'' and add in their place the
words ``not less than $19,246 and not more than $192,459''.

Nanette J. Smith,
NASA Federal Register Liaison Officer.
[FR Doc. 2017-22847 Filed 10-19-17; 8:45 am]
BILLING CODE P

48760 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations

Dated: October 16, 2017. part 313, became effective August 18, Congressional Review Act
Dale L. Aultman, 2009 (74 FR 41592). For Fiscal Year This final rule is not major under the
Secretary, Farm Credit Administration Board. 2010, the only year in which EDA made Congressional Review Act (5 U.S.C. 801
[FR Doc. 2017–22721 Filed 10–19–17; 8:45 am] awards under CTAA, EDA awarded et seq.).
BILLING CODE 6705–01–P $36,768,000 in grants to 36 recipients.
The CTAA Program was subsequently Executive Order No. 13132
repealed by section 222 of the Trade This final rule does not contain
DEPARTMENT OF COMMERCE Adjustment Assistance Extension Act of policies that have federalism
2011 (Pub. L. 112–40) ‘‘because it was implications.
Economic Development Administration considered duplicative of other federal
programs. . . .’’ See CRS Report Paperwork Reduction Act
13 CFR Part 313 R41922, Trade Adjustment Assistance The Paperwork Reduction Act of 1995
(TAA) and Its Role in U.S. Trade Policy, (44 U.S.C. 3501 et seq.) (‘‘PRA’’)
[Docket No.: 170828819–7819–01] Aug. 5, 2013, p. 14. With the requires that a Federal agency consider
RIN 0610–AA70 elimination of the CTAA Program by the impact of paperwork and other
Congress, EDA’s implementing information collection burdens imposed
Elimination of Regulations regulations are now unnecessary. on the public and, under the provisions
Implementing Community Trade This elimination of 13 CFR part 313 of PRA section 3507(d), obtain approval
Adjustment Assistance Program is a ‘‘deregulatory action’’ pursuant to from OMB for each collection of
the April 5, 2017, OMB guidance information it conducts, sponsors, or
AGENCY: Economic Development requires through regulations.
Administration, U.S. Department of memorandum implementing Executive
Order 13771. Since the program is Notwithstanding any other provision of
Commerce. law, no person is required to respond to,
ACTION: Final rule.
already defunct, there are no cost
savings associated with this elimination. nor shall any person be subject to a
penalty for failure to comply with a
SUMMARY: Through this final rule, the Classification collection of information subject to the
Economic Development Administration
PRA unless that collection displays a
(‘‘EDA’’), U.S. Department of Commerce, Administrative Procedure Act and
currently valid OMB Control Number.
eliminates the regulations implementing Regulatory Flexibility Act
This final rule does not require the
the Community Trade Adjustment
Pursuant to 5 U.S.C. 553(b)(B), there collection of any information.
Assistance (‘‘CTAA’’) Program.
Established in 2009 under the Trade Act is good cause to waive prior notice and List of Subjects in 13 CFR Part 313
of 1974, the CTAA Program was an opportunity for public comment on
this action, as notice and comment are Trade adjustment assistance for
subsequently eliminated by Congress in communities, Impacted community,
2011. Implementing regulations for this unnecessary. This rule removes obsolete
regulations implementing the CTAA Petition and affirmative determination
now-defunct Program are thus requirements, Strategic plan,
unnecessary. This final rule is a Program, which has been eliminated by
Congress. Therefore, public comment Implementation grant.
‘‘deregulatory action’’ pursuant to the
April 5, 2017, Office of Management would serve no purpose and is ■ For the reasons discussed above, and
and Budget (‘‘OMB’’) guidance unnecessary. There is also good cause under the authority of 19 U.S.C. 2341–
memorandum implementing Executive under 5 U.S.C. 553(d)(3) to waive the 2372, EDA is removing and reserving 13
Order 13771. 30-day delay in effectiveness. This rule CFR part 313.
DATES: This rule is effective October 20, does not alter the rights or
responsibilities of any party, and PART 313—[REMOVED AND
2017. RESERVED]
delaying implementation of this rule
FOR FURTHER INFORMATION CONTACT:
serves no purpose.
Jeffrey Roberson, Deputy Chief Counsel, Dated: October 16, 2017.
Office of the Chief Counsel, Economic Because prior notice and an
Dennis Alvord,
Development Administration, U.S. opportunity for public comment are not
required pursuant to 5 U.S.C. 553, or Deputy Assistant Secretary for Regional
Department of Commerce, 1401 Affairs.
Constitution Avenue NW., Suite 72023, any other law, the analytical
[FR Doc. 2017–22782 Filed 10–19–17; 8:45 am]
Washington, DC 20230; telephone: (202) requirements of the Regulatory
Flexibility Act (5 U.S.C. 601 et seq.) are BILLING CODE 3510–24–P
482–1315.
SUPPLEMENTARY INFORMATION:
inapplicable. Therefore, a regulatory
flexibility analysis has not been
Background prepared. NATIONAL AERONAUTICS AND
The CTAA Program was enacted as SPACE ADMINISTRATION
Executive Orders No. 12866, 13563, and
part of the Trade Act of 1974 (19 U.S.C. 13771 14 CFR Parts 1264 and 1271
2101 et seq.) by the Trade and
Globalization Adjustment Assistance This final rule was drafted in RIN 2700–AE30
Act of 2009, which was included as accordance with Executive Orders
subtitle I (letter ‘‘I’’) of title I of Division 12866, 13563, and 13771. OMB has [Document Number NASA–17–071: Docket
determined that this rule is not Number–NASA–2017–0004]
nlaroche on DSK9F9SC42PROD with RULES

B of the American Recovery and
Reinvestment Act of 2009 (Pub. L. 111– significant for purposes of Executive Implementation of the Federal Civil
5). CTAA was intended to help Orders 12866. This final rule is a Penalties Inflation Adjustment Act and
communities respond to job losses ‘‘deregulatory action’’ pursuant to the Adjustment of Amounts for 2017
resulting from international trade April 5, 2017, OMB guidance
impacts. EDA’s implementing memorandum implementing Executive AGENCY:National Aeronautics and
regulations for CTAA, located at 13 CFR Order 13771 (M–17–21). Space Administration.

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48762 Federal Register / Vol. 82, No. 202 / Friday, October 20, 2017 / Rules and Regulations

this requirement. As explained above, place the words ‘‘not less than $19,246 Administration, 10903 New Hampshire
the adjustments required for years and not more than $192,459.’’ Ave., Bldg. 66, Rm. 4524, Silver Spring,
subsequent to 2017 are not subject to the ■ b. In paragraph (e), remove the two MD, 20993–0002, 301–796–6679,
requirements of the Administrative occurrences of ‘‘$18,936’’ and add in kimberly.sconce@fda.hhs.gov.
Procedure Act. Moreover, the 2017 their place ‘‘$19,246’’ and remove SUPPLEMENTARY INFORMATION:
adjustments are made according to a ‘‘189,361’’ and add in its place
statutory formula that does not provide ‘‘$192,459’’. I. Background
for agency discretion. Accordingly, a Upon request, FDA has classified the
Appendix A to Part 1271 [Amended] device to detect and identify microbial
delay in effectiveness of the 2017
adjustments is not required. ■ 5. In appendix A to part 1271, in the pathogen nucleic acids in cerebrospinal
paragraph following paragraph (3) and fluid as class II (special controls), which
IV. Regulatory Requirements we have determined will provide a
in the last paragraph of the appendix,
Regulatory Flexibility Act remove the words ‘‘not less than reasonable assurance of safety and
$18,936 and not more than $189,361’’ effectiveness. In addition, we believe
Because no notice of proposed
and add in their place the words ‘‘not this action will enhance patients’ access
rulemaking is required, the Regulatory
less than $19,246 and not more than to beneficial innovation, in part by
Flexibility Act does not require an
$192,459’’. reducing regulatory burdens by placing
initial or final regulatory flexibility
the device into a lower device class than
analysis.9 Nanette J. Smith, the automatic class III assignment.
Paperwork Reduction Act NASA Federal Register Liaison Officer. The automatic assignment of class III
[FR Doc. 2017–22847 Filed 10–19–17; 8:45 am] occurs by operation of law and without
In accordance with the Paperwork
BILLING CODE P any action by FDA, regardless of the
Reduction Act of 1995,10 NASA
level of risk posed by the new device.
reviewed this interim final rule. No
Any device that was not in commercial
collections of information pursuant to
distribution before May 28, 1976, is
the Paperwork Reduction Act are DEPARTMENT OF HEALTH AND
automatically classified as, and remains
contained in the interim final rule. HUMAN SERVICES
within, class III and requires premarket
List of Subjects in 14 CFR Parts 1264 Food and Drug Administration approval unless and until FDA takes an
and 1271 action to classify or reclassify the device
Claims, Lobbying, Penalties. 21 CFR Part 866 (see 21 U.S.C. 360c(f)(1)). We refer to
these devices as ‘‘postamendments
For the reasons stated in the [Docket No. FDA–2017–N–5371] devices’’ because they were not in
preamble, the National Aeronautics and commercial distribution prior to the
Space Administration adopts as final Medical Devices; Immunology and date of enactment of the Medical Device
the interim rule amending 14 CFR parts Microbiology Devices; Classification of Amendments of 1976, which amended
1264 and 1271 which published on June the Device To Detect and Identify the Federal Food, Drug, and Cosmetic
26, 2017, at 82 FR 28760, with the Microbial Pathogen Nucleic Acids in Act (the FD&C Act).
following changes: Cerebrospinal Fluid FDA may take a variety of actions in
AGENCY: Food and Drug Administration, appropriate circumstances to classify or
PART 1264—IMPLEMENTATION OF
HHS. reclassify a device into class I or II. We
THE PROGRAM FRAUD CIVIL
may issue an order finding a new device
PENALTIES ACT OF 1986 ACTION: Final order. to be substantially equivalent under
■ 1. The authority citation for part 1264 SUMMARY: The Food and Drug section 513(i) of the FD&C Act (21
continues to read as follows: Administration (FDA or we) is U.S.C. 360c(i)) to a predicate device that
classifying the device to detect and does not require premarket approval.
Authority: 31 U.S.C. 3809, 51 U.S.C. We determine whether a new device is
20113(a). identify microbial pathogen nucleic
acids in cerebrospinal fluid into class II substantially equivalent to a predicate
§ 1264.102 [Amended] (special controls). The special controls by means of the procedures for
that will apply to the device type are premarket notification under section
■ 2. In § 1264.102, paragraphs (a) and
identified in this order and will be part 510(k) of the FD&C Act (21 U.S.C.
(b), remove the number ‘‘$10,781’’ and
of the codified language for the device 360(k)) and part 807 (21 CFR part 807).
add in its place the number ‘‘$10,957.’’ FDA may also classify a device
to detect and identify microbial
PART 1271—NEW RESTRICTIONS ON through ‘‘De Novo’’ classification, a
pathogen nucleic acids in cerebrospinal
LOBBYING common name for the process
fluid’s classification. We are taking this
authorized under section 513(f)(2) of the
action because we have determined that
■ 3. The authority citation for part 1271 FD&C Act. Section 207 of the Food and
classifying the device into class II
continues to read as follows: Drug Administration Modernization Act
(special controls) will provide a
Authority: Section 319, Pub. L. 101–121 of 1997 established the first procedure
reasonable assurance of safety and
(31 U.S.C. 1352); Pub. L. 97–258 (31 U.S.C. for De Novo classification (Pub. L. 105–
effectiveness of the device. We believe
6301 et seq.) 115). Section 607 of the Food and Drug
this action will also enhance patients’
Administration Safety and Innovation
§ 1271.400 [Amended] access to beneficial innovative devices,
Act modified the De Novo application
in part by reducing regulatory burdens.
nlaroche on DSK9F9SC42PROD with RULES

■4. In § 1271.400: process by adding a second procedure
■a. In paragraphs (a) and (b) remove the DATES: This order is effective October (Pub. L. 112–144). A device sponsor
words ‘‘not less than $18,936 and not 20, 2017. The classification was may utilize either procedure for De
more than $189,361’’ and add in their applicable on October 8, 2015. Novo classification.
FOR FURTHER INFORMATION CONTACT: Under the first procedure, the person
95 U.S.C. 603(a), 604(a). Kimberly Sconce, Center for Devices submits a 510(k) for a device that has
10 44 U.S.C. 3506. and Radiological Health, Food and Drug not previously been classified. After

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Document Created: 2017-10-20 00:05:47
Document Modified: 2017-10-20 00:05:47

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.
Dates		Effective: This final rule is effective October 20, 2017.
Contact		Bryan R. Diederich, Office of the General Counsel, NASA Headquarters, telephone (202) 358-0216.
FR Citation		82 FR 48760
RIN Number		2700-AE30
CFR Citation		14 CFR 1264 14 CFR 1271
CFR Associated		Claims; Lobbying and Penalties