82 FR 58348 - Federal Civil Penalties Adjustments
NATIONAL FOUNDATION FOR THE ARTS AND HUMANITIES
National Endowment for the Arts Federal Register Volume 82, Issue 237 (December 12, 2017)
National Endowment for the Arts
Federal Register Volume 82, Issue 237 (December 12, 2017)
| Page Range | 58348-58350 | |
| FR Document | 2017-26733 |
[Federal Register Volume 82, Number 237 (Tuesday, December 12, 2017)] [Rules and Regulations] [Pages 58348-58350] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-26733] ======================================================================= ----------------------------------------------------------------------- NATIONAL FOUNDATION FOR THE ARTS AND HUMANITIES National Endowment for the Arts 45 CFR Parts 1149 and 1158 RIN 3135-AA33 Federal Civil Penalties Adjustments AGENCY: National Endowment for the Arts, National Foundation for the Arts And Humanities. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The National Endowment for the Arts (NEA) is adjusting the maximum civil monetary penalties that may be imposed for violations of the Program Fraud Civil Remedies Act (PFCRA) and the NEA's Restrictions on Lobbying to reflect the requirements of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act). The 2015 Act further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment Act) to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. This final rule finalizes the catch-up inflation adjustment interim final rule required by the Inflation Adjustment Act. DATES: Effective date: This rule is effective December 12, 2017. FOR FURTHER INFORMATION CONTACT: Aswathi Zachariah, Assistant General Counsel, National Endowment for the Arts, 400 7th St. SW, Washington, DC 20506, Telephone: 202-682-5418. SUPPLEMENTARY INFORMATION: 1. Background On June 15, 2017 the NEA issued an interim final rule entitled ``Implementing the Federal Civil Penalties Adjustment Act Improvements Act of 2015'' (the IFR) to implement the required catch-up and annual adjustments to the NEA's civil monetary penalties. (See 82 FR 27431) This rule finalizes the catch-up adjustment interim final rule and outlines the required annual adjustment of civil penalties in accordance with the 2015 Act, as amended. 2. Overview of Final Rule 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; and (2) make subsequent annual adjustments for inflation. Inflation adjustments will be based on the percent change in the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October preceding the date of the adjustment, relative to the October CPI-U in the year of the previous adjustment. The Office of Management and Budget has issued two memoranda, providing guidance on implementing and calculating adjustments.\1\ --------------------------------------------------------------------------- \1\ OMB Memoranda M-16-06 and M-17-11. --------------------------------------------------------------------------- In the IFR, the NEA identified two civil penalties in its regulations that require adjustment: (1) The penalty associated with Restrictions on Lobbying (45 CFR 1158.400; 45 CFR part 1158, app. A) and (2) the penalty associated with the Program Fraud Civil Remedies Act (45 CFR 1149.9). The NEA received no comments in response to the IFR and the proposed adjustments and therefore will continue to publish subsequent annual adjustments in [[Page 58349]] accordance with the law or as directed by the Office of Management and Budget. 3. Subsequent Annual Adjustments The 2015 Act requires agencies to make annual adjustments to civil penalty amounts no later than January 15 of each year following the adjustments contained in this final rule. For subsequent annual adjustments made in accordance with the 2015 Act, the amount of the adjustment will have the same basis as the annual adjustments previously described in the IFR (the percent increase between the CPI-U for the month of October preceding the date of the adjustment and the CPI-U for the October one year prior to the October immediately preceding the date of the adjustment). If there is no increase, there is no adjustment of civil penalties. Therefore, if the NEA adjusts penalties in January 2018, the adjustment will be calculated based on the percent change between the CPI-U for October 2017 (the October immediately preceding the date of adjustment) and October 2016 (the October one year prior to October 2017). The NEA will publish the amount of these annual inflation adjustments in the Federal Register no later than January 15 of each year. 4. Compliance Administrative Procedure Act Section 553 of the Administrative Procedure Act requires agencies to provide an opportunity for notice and comment on rulemaking and also requires agencies to delay a rule's effective date for 30 days following the date of publication in the Federal Register unless an agency finds good cause to forgo these requirements. However, section 4(b)(2) of the 2015 Act requires agencies to adjust civil monetary penalties notwithstanding section 553 of the Administrative Procedure Act (APA) and publish annual inflation adjustments in the Federal Register. ``This means that the public procedure the APA generally requires . . . is not required for agencies to issue regulations implementing the annual adjustment.'' OMB Memorandum M-17-11. Even if the 2015 Act did not except this rulemaking from section 553 of the APA, the NEA has good cause to dispense with notice and comment. Section 553(b)(B), authorizes agencies to dispense with notice and comment procedures for rulemaking if the agency finds good cause that notice and comment are impracticable, unnecessary, or contrary to public interest. The annual adjustments to civil penalties for inflation and the method of calculating those adjustments are established by section 5 of the FCPIAA, as amended, leaving no discretion for the NEA. Accordingly, public comment would be impracticable because the NEA would be unable to consider such comments in the rulemaking process. Regulatory Planning and Review (Executive Order 12866) Executive Order 12866 (E.O. 12866) established a process for review of rules by the Office of Information and Regulatory Affairs, which is within the Office of Management and Budget (OMB). Only ``significant'' proposed and final rules are subject to review under this Executive Order. ``Significant,'' as used in E.O. 12866, means ``economically significant.'' It refers to rules with (1) an impact on the economy of $100 million; or that (2) were inconsistent or interfered with an action taken or planned by another agency; (3) materially altered the budgetary impact of entitlements, grants, user fees, or loan programs; or (4) raised novel legal or policy issues. This final rule would not be a significant policy change and OMB has not reviewed this final rule under E.O. 12866. We have made the assessments required by E.O. 12866 and determined that this rule: (1) Will not have an effect of $100 million or more on the economy; (2) will not adversely affect in a material way the economy, productivity, competition, jobs, the environment, public health or safety, or State, local, or Tribal governments or communities; (3) will not create a serious inconsistency or otherwise interfere with an action taken or planned by another agency; (4) does not alter the budgetary effects of entitlements, grants, user fees, or loan programs or the rights or obligations of their recipients; and (5) does not raise novel legal or policy issues. Executive Order 13771 Executive Order 13771 section 5 requires that agencies, in most circumstances, remove or rescind two regulations for every regulation promulgated unless they request and are specifically exempted from that order's requirements by the Director of the Office of Management and Budget. This rule is not subject to the requirements of Executive Order 13771 because this rule is not significant under Executive Order 12866. Furthermore, the NEA has requested and has received an exemption from the requirement that the agency rescind two regulations for every regulation it promulgate from the Director of the Office of Management and Budget. Federalism (Executive Order 13132) This rulemaking does not have Federalism implications, as set forth in E.O. 13132. As used in this order, Federalism implications mean ``substantial direct effects on the States, on the relationship between the national government and the States, or on the distribution of power and responsibilities among the various levels of government.'' The NEA has determined that this rulemaking will not have Federalism implications within the meaning of E.O. 13132. Civil Justice Reform (Executive Order 12988) This rulemaking meets the applicable standards set forth in section 3(a) and 3(b)(2) of E.O. 12988. Specifically, this final rule is written in clear language designed to help reduce litigation. Indian Tribal Governments (Executive Order 13175) Under the criteria in E.O. 13175, we have evaluated this final rule and determined that it would have no potential effects on Federally recognized Indian Tribes. Takings (Executive Order 12630) Under the criteria in E.O. 12630, this rulemaking does not have significant takings implications. Therefore, a takings implication assessment is not required. Regulatory Flexibility Act of 1980 (5 U.S.C. 605(b)) This rulemaking will not have a significant adverse impact on a substantial number of small entities, including small businesses, small governmental jurisdictions, or certain small not-for-profit organizations. Paperwork Reduction Act of 1995 (44 U.S.C., Chapter 35) This rulemaking will not impose any ``information collection'' requirements under the Paperwork Reduction Act. Under the act, information collection means the obtaining or disclosure of facts or opinions by or for an agency by 10 or more nonfederal persons. Unfunded Mandates Act of 1995 (Section 202, Pub. L. 104-4) This rulemaking does not contain a Federal mandate that will result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector of $100 million or more in any one year. [[Page 58350]] National Environmental Policy Act of 1969 (5 U.S.C. 804) The final rule will not have significant effect on the human environment. Small Business Regulatory Enforcement Fairness Act of 1996 (Sec. 804, Pub. L. 104-121) This final rule would not be a major rule as defined in section 804 of the Small Business Regulatory Enforcement Fairness Act of 1996. This final rule will not result in an annual effect on the economy of $100,000,000 or more, a major increase in costs or prices, significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based companies to compete with foreign based companies in domestic and export markets. E-Government Act of 2002 (44 U.S.C. 3504) Section 206 of the E-Government Act requires agencies, to the extent practicable, to ensure that all information about that agency required to be published in the Federal Register is also published on a publicly accessible Website. All information about the NEA required to be published in the Federal Register may be accessed at www.arts.gov. This Act also requires agencies to accept public comments on their rules ``by electronic means.'' See heading ``Public Participation'' for directions on electronic submission of public comments on this final rule. Finally, the E-Government Act requires, to the extent practicable, that agencies ensure that a publicly accessible Federal Government Website contains electronic dockets for rulemakings under the Administrative Procedure Act of 1946 (5 U.S.C. 551 et seq.). Under this Act, an electronic docket consists of all submissions under section 553(c) of title 5, United States Code; and all other materials that by agency rule or practice are included in the rulemaking docket under section 553(c) of title 5, United States Code, whether or not submitted electronically. The Website https://www.regulations.gov contains electronic dockets for the NEA's rulemakings under the Administrative Procedure Act of 1946. Plain Writing Act of 2010 (5 U.S.C. 301) Under this Act, the term ``plain writing'' means writing that is clear, concise, well-organized, and follows other best practices appropriate to the subject or field and intended audience. To ensure that this rule has been written in plain and clear language so that it can be used and understood by the public, the NEA has modeled the language of this rule on the Federal Plain Language Guidelines. Public Participation The NEA has written this final rule in compliance with E.O. 13563 by ensuring its accessibility, consistency, simplicity of language, and overall comprehensibility. In addition, the public participation goals of this order are also satisfied by the NEA's participation in a process in which its views and information are made public to the extent feasible, and before any decisions are actually made. This will allow the public the opportunity to react to the comments, arguments, and information of others during the rulemaking process. The NEA initiates its participation in an open exchange by posting the regulation and its rulemaking docket on https://www.regulations.gov. Finally, Section 2 of E.O. 13563 directs agencies, where feasible and appropriate, to seek the views of those who are likely to be affected by rulemaking. This provision emphasizes the importance of prior consultation with ``those who are likely to benefit from and those who are potentially subject to such rulemaking.'' One goal is to solicit ideas about alternatives, relevant costs and benefits (both quantitative and qualitative), and potential flexibilities. The NEA reaches out to interested and affected parties by soliciting comments. List of Subjects in 45 CFR Parts 1149 and 1158 Administrative practice and procedure, Government contracts, Grant programs, Loan programs, Lobbying, Penalties. 0 For the reasons stated in the preamble, the interim rule amending 45 CFR parts 1149 and 1158 which was published at 82 FR 27431 on June 15, 2017 is adopted as final without change. Dated: December 7, 2017. Jillian Miller, Director of Guidelines and Panel Operations, Administrative Services, National Endowment for the Arts. [FR Doc. 2017-26733 Filed 12-11-17; 8:45 am] BILLING CODE P
![58348 Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
copy of the rule, to each House of the extend the time within which a petition PART 52—APPROVAL AND
Congress and to the Comptroller General for judicial review may be filed, and PROMULGATION OF
of the United States. The EPA will shall not postpone the effectiveness of IMPLEMENTATION PLANS
submit a report containing this action such rule or action. This action may not
and other required information to the be challenged later in proceedings to ■ 1. The authority citation for part 52
U.S. Senate, the U.S. House of enforce its requirements. (See section continues to read as follows:
Representatives, and the Comptroller 307(b)(2)).
Authority: 42 U.S.C. 7401 et seq.
General of the United States prior to List of Subjects in 40 CFR Part 52
publication of the rule in the Federal Subpart GG—New Mexico
Register. A major rule cannot take effect Environmental protection, Air
until 60 days after it is published in the pollution control, Best available retrofit
technology, Carbon monoxide, ■ 2. In § 52.1620(e), the second table
Federal Register. This action is not a titled ‘‘EPA Approved Nonregulatory
‘‘major rule’’ as defined by 5 U.S.C. Incorporation by reference,
Intergovernmental relations, Lead, Provisions and Quasi-Regulatory
804(2). Measures in the New Mexico SIP’’ is
Nitrogen dioxide, Ozone, Particulate
Under section 307(b)(1) of the CAA, matter, Regional haze, Reporting and amended by adding an entry for ‘‘City
petitions for judicial review of this recordkeeping requirements, Sulfur of Albuquerque Progress Report for the
action must be filed in the United States dioxide, Visibility, Volatile organic State Implementation Plan for Regional
Court of Appeals for the appropriate compounds. Haze’’ at the end of the table to read as
circuit by February 12, 2018. Filing a follows:
Dated: December 5, 2017.
petition for reconsideration by the
Samuel Coleman, § 52.1620 Identification of plan.
Administrator of this final rule does not
affect the finality of this action for the Acting Regional Administrator, Region 6. * * * * *
purposes of judicial review nor does it 40 CFR part 52 is amended as follows: (e) * * *
EPA APPROVED NONREGULATORY PROVISIONS AND QUASI-REGULATORY MEASURES IN THE NEW MEXICO SIP
State
Applicable submittal/ EPA approval
Name of SIP provision geographic or Explanation
effective date
nonattainment area date
* * * * * * *
City of Albuquerque Progress Report for the State City of Albuquerque- 6/24/2016 12/12/2017, [Insert Fed-
Implementation Plan for Regional Haze. Bernalillo County. eral Register citation].
[FR Doc. 2017–26661 Filed 12–11–17; 8:45 am] improve the effectiveness of civil 2. Overview of Final Rule
BILLING CODE 6560–50–P monetary penalties and to maintain The 2015 Act requires agencies to: (1)
their deterrent effect. This final rule Adjust the level of civil monetary
finalizes the catch-up inflation penalties with an initial ‘‘catch-up’’
NATIONAL FOUNDATION FOR THE adjustment interim final rule required adjustment through an interim final
ARTS AND HUMANITIES by the Inflation Adjustment Act. rulemaking; and (2) make subsequent
DATES: Effective date: This rule is annual adjustments for inflation.
National Endowment for the Arts Inflation adjustments will be based on
effective December 12, 2017.
the percent change in the Consumer
45 CFR Parts 1149 and 1158 FOR FURTHER INFORMATION CONTACT: Price Index for all Urban Consumers
RIN 3135–AA33 Aswathi Zachariah, Assistant General (CPI–U) for the month of October
Counsel, National Endowment for the preceding the date of the adjustment,
Federal Civil Penalties Adjustments Arts, 400 7th St. SW, Washington, DC relative to the October CPI–U in the year
20506, Telephone: 202–682–5418. of the previous adjustment.
AGENCY: National Endowment for the The Office of Management and Budget
Arts, National Foundation for the Arts SUPPLEMENTARY INFORMATION: has issued two memoranda, providing
And Humanities. guidance on implementing and
1. Background
ACTION: Final rule. calculating adjustments.1
On June 15, 2017 the NEA issued an In the IFR, the NEA identified two
SUMMARY: The National Endowment for interim final rule entitled civil penalties in its regulations that
the Arts (NEA) is adjusting the require adjustment: (1) The penalty
‘‘Implementing the Federal Civil
maximum civil monetary penalties that associated with Restrictions on
Penalties Adjustment Act Improvements
may be imposed for violations of the Lobbying (45 CFR 1158.400; 45 CFR part
Act of 2015’’ (the IFR) to implement the
Program Fraud Civil Remedies Act 1158, app. A) and (2) the penalty
(PFCRA) and the NEA’s Restrictions on required catch-up and annual
associated with the Program Fraud Civil
Lobbying to reflect the requirements of adjustments to the NEA’s civil monetary
ethrower on DSK3G9T082PROD with RULES
Remedies Act (45 CFR 1149.9). The
the Federal Civil Penalties Inflation penalties. (See 82 FR 27431) This rule NEA received no comments in response
Adjustment Act Improvements Act of finalizes the catch-up adjustment to the IFR and the proposed adjustments
2015 (the 2015 Act). The 2015 Act interim final rule and outlines the and therefore will continue to publish
further amended the Federal Civil required annual adjustment of civil subsequent annual adjustments in
Penalties Inflation Adjustment Act of penalties in accordance with the 2015
1990 (the Inflation Adjustment Act) to Act, as amended. 1 OMB Memoranda M–16–06 and M–17–11.
VerDate Sep<11>2014 16:52 Dec 11, 2017 Jkt 244001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\12DER1.SGM 12DER1](https://thefederalregister.org/doc/82_FR_58585/page/1.svg)
![58350 Federal Register / Vol. 82, No. 237 / Tuesday, December 12, 2017 / Rules and Regulations
National Environmental Policy Act of in plain and clear language so that it can DEPARTMENT OF STATE
1969 (5 U.S.C. 804) be used and understood by the public,
The final rule will not have the NEA has modeled the language of 48 CFR Parts 604 and 642
significant effect on the human this rule on the Federal Plain Language [Public Notice 9777]
environment. Guidelines.
RIN 1400–AE06
Small Business Regulatory Enforcement Public Participation
Fairness Act of 1996 (Sec. 804, Pub. L. Department of State Acquisition
104–121) The NEA has written this final rule in Regulation; Technical Amendment
compliance with E.O. 13563 by ensuring
This final rule would not be a major AGENCY: Department of State.
its accessibility, consistency, simplicity
rule as defined in section 804 of the
of language, and overall ACTION: Final rule.
Small Business Regulatory Enforcement
Fairness Act of 1996. This final rule will comprehensibility. In addition, the
public participation goals of this order SUMMARY: The Department of State
not result in an annual effect on the (DOS) is amending the Department of
economy of $100,000,000 or more, a are also satisfied by the NEA’s
participation in a process in which its State Acquisition Regulation (DOSAR)
major increase in costs or prices, to add notice that the Department has an
significant adverse effects on views and information are made public
agreement with the Defense Contract
competition, employment, investment, to the extent feasible, and before any
Audit Agency, and to provide a
productivity, innovation, or on the decisions are actually made. This will procedural correction.
ability of United States-based allow the public the opportunity to react
DATES: This final rule is effective on
companies to compete with foreign to the comments, arguments, and
January 11, 2018.
based companies in domestic and information of others during the
export markets. rulemaking process. The NEA initiates FOR FURTHER INFORMATION CONTACT: Ms.
its participation in an open exchange by Colleen Kosar, Policy Division, Office of
E-Government Act of 2002 (44 U.S.C. the Procurement Executive, A/OPE,
3504) posting the regulation and its
rulemaking docket on https:// 2201 C Street NW, Suite 1060, State
Section 206 of the E-Government Act Annex Number 15, Washington, DC
www.regulations.gov.
requires agencies, to the extent 20520. Telephone: 703–516–1685.
practicable, to ensure that all Finally, Section 2 of E.O. 13563 email: KosarCM@state.gov.
information about that agency required directs agencies, where feasible and SUPPLEMENTARY INFORMATION: This
to be published in the Federal Register appropriate, to seek the views of those document adds a new subpart 642.1,
is also published on a publicly who are likely to be affected by including section 642.101(b), to provide
accessible Website. All information rulemaking. This provision emphasizes notice of the Department’s agreement
about the NEA required to be published the importance of prior consultation with the Defense Contract Audit Agency
in the Federal Register may be accessed with ‘‘those who are likely to benefit on the conduct of incurred cost audits
at www.arts.gov. This Act also requires from and those who are potentially for the Department’s cost-
agencies to accept public comments on subject to such rulemaking.’’ One goal is reimbursement contracts. In addition,
their rules ‘‘by electronic means.’’ See to solicit ideas about alternatives, part 604 is amended to specify the office
heading ‘‘Public Participation’’ for relevant costs and benefits (both through which audits are coordinated,
directions on electronic submission of quantitative and qualitative), and from the Office of the Inspector General
public comments on this final rule. potential flexibilities. The NEA reaches to the Audit Team in the Office of
Finally, the E-Government Act Acquisitions Management’s Quality
out to interested and affected parties by
requires, to the extent practicable, that Assurance Branch.
agencies ensure that a publicly soliciting comments.
accessible Federal Government Website List of Subjects in 45 CFR Parts 1149 Regulatory Findings
contains electronic dockets for and 1158 Administrative Procedure Act
rulemakings under the Administrative
Procedure Act of 1946 (5 U.S.C. 551 et Administrative practice and The Department is publishing this
seq.). Under this Act, an electronic procedure, Government contracts, Grant rule as a final rule, as a rule of agency
docket consists of all submissions under programs, Loan programs, Lobbying, procedure or practice.
section 553(c) of title 5, United States Penalties. Regulatory Flexibility, Unfunded
Code; and all other materials that by Mandates, SBREFA
agency rule or practice are included in ■ For the reasons stated in the preamble,
the rulemaking docket under section the interim rule amending 45 CFR parts The Department of State, in
553(c) of title 5, United States Code, 1149 and 1158 which was published at accordance with the Regulatory
whether or not submitted electronically. 82 FR 27431 on June 15, 2017 is Flexibility Act (5 U.S.C. 605(b)), has
The Website https:// adopted as final without change. reviewed this regulation and, by
www.regulations.gov contains electronic approving it, certifies that this rule will
Dated: December 7, 2017.
dockets for the NEA’s rulemakings not have a significant economic impact
Jillian Miller, on a substantial number of small
under the Administrative Procedure Act
of 1946. Director of Guidelines and Panel Operations, entities. This determination was based
Administrative Services, National on the fact that the amendment in this
Plain Writing Act of 2010 (5 U.S.C. 301) Endowment for the Arts. rule will not have any cost or
ethrower on DSK3G9T082PROD with RULES
Under this Act, the term ‘‘plain [FR Doc. 2017–26733 Filed 12–11–17; 8:45 am] administrative impact on offerors or
writing’’ means writing that is clear, BILLING CODE P contractors. This rule will not result in
concise, well-organized, and follows the expenditure by State, local, and
other best practices appropriate to the tribal governments, in the aggregate, or
subject or field and intended audience. by the private sector, of $100 million or
To ensure that this rule has been written more in any year and it will not
VerDate Sep<11>2014 16:52 Dec 11, 2017 Jkt 244001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\12DER1.SGM 12DER1](https://thefederalregister.org/doc/82_FR_58585/page/3.svg)
Document Created: 2018-10-25 10:47:52
Document Modified: 2018-10-25 10:47:52
| 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 date: This rule is effective December 12, 2017. | |
| Contact | Aswathi Zachariah, Assistant General Counsel, National Endowment for the Arts, 400 7th St. SW, Washington, DC 20506, Telephone: 202-682-5418. | |
| FR Citation | 82 FR 58348 | |
| RIN Number | 3135-AA33 | |
| CFR Citation | 45
CFR
1149 45 CFR 1158 | |
| CFR Associated | Administrative Practice and Procedure; Government Contracts; Grant Programs; Loan Programs; Lobbying and Penalties |
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