83_FR_1663 83 FR 1654 - Penalty Inflation Adjustments for Civil Monetary Penalties

83 FR 1654 - Penalty Inflation Adjustments for Civil Monetary Penalties

SOCIAL SECURITY ADMINISTRATION

Federal Register Volume 83, Issue 9 (January 12, 2018)

Page Range1654-1655
FR Document2018-00487

The Social Security Administration is giving notice of its updated maximum civil monetary penalties. These amounts are effective from January 15, 2018 through January 14, 2019. These figures represent an annual adjustment for inflation. The updated figures and notification are required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015.

Federal Register, Volume 83 Issue 9 (Friday, January 12, 2018)
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)]
[Notices]
[Pages 1654-1655]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2018-00487]


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SOCIAL SECURITY ADMINISTRATION

[Docket No. SSA 2017-0066]


Penalty Inflation Adjustments for Civil Monetary Penalties

AGENCY: Social Security Administration.

ACTION: Notice announcing updated penalty inflation adjustments for 
civil monetary penalties for 2018.

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

SUMMARY: The Social Security Administration is giving notice of its 
updated maximum civil monetary penalties. These amounts are effective 
from January 15, 2018 through January 14, 2019. These figures represent 
an annual adjustment for inflation. The updated figures and 
notification are required by the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015.

DATES: The updated maximum amount of civil money penalties in this 
notice

[[Page 1655]]

are applicable to penalties assessed on or after January 15, 2018.

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: On June 27, 2016, pursuant to the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 
2015 Act),\1\ we published an interim final rule to adjust the level of 
civil monetary penalties (CMP) under sections 1129 and 1140 of the 
Social Security Act, 42 U.S.C. 1320a-8 and 1320b-10, with an initial 
``catch-up'' adjustment effective August 1, 2016.\2\ We announced in 
the interim final rule that for any future adjustments, we will publish 
a notice in the Federal Register to announce the new amounts. The 
annual inflation adjustment in subsequent years must be a cost-of-
living adjustment based on any increases in the October Consumer Price 
Index for All Urban Consumers (CPI-U) (not seasonally adjusted) each 
year.\3\ Inflation adjustment increases must be rounded to the nearest 
multiple of $1. \4\ We last updated the maximum penalty amounts 
effective January 15, 2017.\5\ Based on Office of Management and Budget 
(OMB) guidance, the information below serves as public notice of the 
new maximum penalty amounts for 2018. The adjustment results in the 
following new maximum penalties, which will be effective as of January 
15, 2018.
---------------------------------------------------------------------------

    \1\ See https://www.congress.gov/bill/114th-congress/house-bill/1314/text. See also https://www.federalregister.gov/documents/2016/06/27/2016-13241/penalty-inflation-adjustments-for-civil-money-penalties.
    \2\ https://www.federalregister.gov/documents/2016/06/27/2016-13241/penalty-inflation-adjustments-for-civil-money-penalties.
    \3\ See OMB Memorandum, Implementation of the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015, M-16-
06, p. 1 (February 24, 2016), https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2016/m-16-06.pdf. See also 
https://www.federalregister.gov/documents/2016/06/27/2016-13241/penalty-inflation-adjustments-for-civil-money-penalties.
    \4\ OMB Memorandum, Implementation of the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015, M-16-
06, p. 3 (February 24, 2016), https://www.whitehouse.gov/sites/whitehouse.gov/files/omb/memoranda/2016/m-16-06.pdf. See also 
https://www.federalregister.gov/documents/2016/06/27/2016-13241/penalty-inflation-adjustments-for-civil-money-penalties.
    \5\ See https://www.federalregister.gov/documents/2016/12/29/2016-31423/notice-on-penalty-inflation-adjustments-for-civil-monetary-penalties.
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Section 1129 CMPs (42 U.S.C. 1320a-8)

    $7,623.00 (current maximum per violation for fraud facilitators in 
a position of trust) x 1.02041 (OMB-issued inflationary adjustment 
multiplier) = $7,778.59. When rounded to the nearest dollar, the new 
maximum penalty is $7,779.00.
    $8,084.00 (current maximum per violation for all other violators) x 
1.02041 (OMB-issued inflationary adjustment multiplier) = $8,248.99. 
When rounded to the nearest dollar, the new maximum penalty is 
$8,249.00.

Section 1140 CMPs (42 U.S.C. 1320b-10)

    $10,055.00 (current maximum per violation for all violations other 
than broadcasts or telecasts) x 1.02041 (OMB-issued inflationary 
adjustment multiplier) = $10,260.22. When rounded to the nearest 
dollar, the new maximum penalty is $10,260.00.
    $50,276.00 (current maximum per broadcast or telecast) x 1.02041 
(OMB-issued inflationary adjustment multiplier) = $51,302.13. When 
rounded to the nearest dollar, the new maximum penalty is $51,302.00.

    Dated: December 27, 2017.
Gale Stallworth Stone,
Acting Inspector General of Social Security.
[FR Doc. 2018-00487 Filed 1-11-18; 8:45 am]
 BILLING CODE 4191-02-P



                                                1654                                       Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Notices

                                                                                                                                                                                                                       Average                Estimated total
                                                                                                 Modality of                                                             Number of       Frequency of                  burden                 annual burden
                                                                                                 completion                                                             respondents        response                 per response                  (hours)
                                                                                                                                                                                                                      (minutes)

                                                      Totals ........................................................................................................         275,000   ........................   ........................           24,292



                                                   4. Modified Benefit Formula                                             full amount of all sums that SSA made                            applicants for Title II Social Security
                                                Questionnaire—Foreign Pension—0960–                                        to, or collected from, the Class member’s                        retirement or disability benefits who
                                                0561. SSA uses Form SSA–308 to                                             of Social Security OASDI benefits                                have foreign pensions.
                                                determine exactly how much (if any) of                                     payments (OASDI Benefits), due to the                              Correction Notice: SSA is updating
                                                a foreign pension we can use to reduce                                     application of the Windfall Elimination                          the burden information for this
                                                the amount of Title II Social Security                                     Provision to those OASDI Benefits based                          collection, so it differs from the
                                                retirement or disability benefits under                                    on the receipt of Old Age Benefits from                          information we published at 82 FR
                                                the modified benefit formula. In                                           the National Institute of Israel, per the                        52088, on 11/9/17.
                                                addition, SSA agreed to pay the full                                       Greenberg, et al. v. Colvin case                                   Type of Request: Revision of an OMB-
                                                amount of all reductions or refund the                                     settlement. The respondents are                                  approved information collection.

                                                                                                                                                                                                                       Average                Estimated total
                                                                                                 Modality of                                                             Number of       Frequency of                  burden                 annual burden
                                                                                                 completion                                                             respondents        response                 per response                  (hours)
                                                                                                                                                                                                                      (minutes)

                                                SSA–308 ..........................................................................................................              2,426                        1                         10                404
                                                Greenberg Cases ............................................................................................                      283                        1                         60                283

                                                      Totals ........................................................................................................           2,709   ........................   ........................              687



                                                  5. Request to Show Cause for Failure                                     reason for not appearing at their                                redetermination cases, so we only need
                                                to Appear—20 CFR 404.938, 20 CFR                                           scheduled hearings; or the claimants’                            one version of the internet screens. If
                                                416.1438, and 20 CFR 404.957(a)(ii)—                                       representatives can use Electronic                               the ALJ determines the claimants
                                                0960–0794. When claimants who                                              Records Express (ERE), OMB Control                               established good cause for failure to
                                                requested a hearing before an ALJ fail to                                  No. 0960–0753, internet screens to                               appear at the hearing, the ALJ will
                                                appear at their scheduled hearing, the                                     submit the HA–L90 online. SSA uses                               schedule a supplemental hearing; if not,
                                                ALJ may reschedule the hearing if the                                      the HA–L90 for new cases, and the HA–                            the ALJ will make a claims eligibility
                                                claimants establish good cause for                                         L90–OP1 for redeterminations cases. We                           determination based on the claimants’
                                                missing the hearings. To establish good                                    need two versions of the paper form, as                          evidence of record. Respondents are
                                                cause, following: (1) SSA did not                                          the ALJ follows different procedures
                                                                                                                                                                                            claimants, or their representatives,
                                                properly notify the claimant of the                                        when determining the good cause on
                                                                                                                                                                                            seeking to establish good cause for
                                                hearing, or (2) an unexpected event                                        redetermination cases (cases that have a
                                                                                                                                                                                            failure to appear at a scheduled hearing
                                                occurred without sufficient time for the                                   prior decision and evidence on file),
                                                claimant to request a postponement.                                        than they do for new cases (where we                             before an ALJ.
                                                The claimants can use paper Form HA–                                       have no evidence on file). The ERE                                  Type of Request: Revision of an OMB-
                                                L90 or HA–L90–OP1 to provide their                                         modality automatically adjusts for                               approved information collection.

                                                                                                                                                                                                                       Average                Estimated total
                                                                                                 Modality of                                                             Number of       Frequency of                  burden                 annual burden
                                                                                                 completion                                                             respondents        response                 per response                  (hours)
                                                                                                                                                                                                                      (minutes)

                                                HA–L90 ............................................................................................................            39,500                         1                        10              6,583
                                                HA–L90–OP1 ...................................................................................................                    500                         1                        10                 83

                                                      Totals ........................................................................................................          40,000   ........................   ........................            6,666



                                                  * We do not account for the Electronic                                   SOCIAL SECURITY ADMINISTRATION                                   updated maximum civil monetary
                                                Records Express internet screens here as                                                                                                    penalties. These amounts are effective
                                                                                                                           [Docket No. SSA 2017–0066]
                                                we account for them under OMB                                                                                                               from January 15, 2018 through January
                                                Control No. 0960–0753.                                                     Penalty Inflation Adjustments for Civil                          14, 2019. These figures represent an
                                                  Dated: January 8, 2018.                                                  Monetary Penalties                                               annual adjustment for inflation. The
sradovich on DSK3GMQ082PROD with NOTICES




                                                                                                                                                                                            updated figures and notification are
                                                Naomi R. Sipple,                                                           AGENCY:  Social Security Administration.                         required by the Federal Civil Penalties
                                                Reports Clearance Officer, Social Security                                 ACTION: Notice announcing updated                                Inflation Adjustment Act Improvements
                                                Administration.                                                            penalty inflation adjustments for civil                          Act of 2015.
                                                [FR Doc. 2018–00396 Filed 1–11–18; 8:45 am]                                monetary penalties for 2018.
                                                BILLING CODE 4191–02–P                                                                                                                      DATES:  The updated maximum amount
                                                                                                                           SUMMARY: The Social Security                                     of civil money penalties in this notice
                                                                                                                           Administration is giving notice of its


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                                                                                Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Notices                                                  1655

                                                are applicable to penalties assessed on                 penalties, which will be effective as of               FOR FURTHER INFORMATION CONTACT:
                                                or after January 15, 2018.                              January 15, 2018.                                      Elliot Chiu in the Office of the Legal
                                                FOR FURTHER INFORMATION CONTACT:                                                                               Adviser, U.S. Department of State
                                                                                                        Section 1129 CMPs (42 U.S.C. 1320a–8)
                                                Joseph E. Gangloff, Chief Counsel to the                                                                       (telephone: 202–632–6471; email:
                                                Inspector General, Room 3–ME–1, 6401                      $7,623.00 (current maximum per                       section2459@state.gov). The mailing
                                                Security Boulevard, Baltimore, MD                       violation for fraud facilitators in a                  address is U.S. Department of State,
                                                21235–6401, (410) 966–4440, both                        position of trust) × 1.02041 (OMB-issued               L/PD, SA–5, Suite 5H03, Washington,
                                                directly and for IPTTY. For information                 inflationary adjustment multiplier) =                  DC 20522–0505.
                                                on eligibility or filing for benefits, call             $7,778.59. When rounded to the nearest                 SUPPLEMENTARY INFORMATION: The
                                                the Social Security Administration’s                    dollar, the new maximum penalty is                     foregoing determinations were made
                                                national toll-free number, 1–800–772–                   $7,779.00.                                             pursuant to the authority vested in me
                                                1213 or TTY 1–800–325–0778, or visit                      $8,084.00 (current maximum per                       by the Act of October 19, 1965 (79 Stat.
                                                the Social Security Administration’s                    violation for all other violators) ×                   985; 22 U.S.C. 2459), E.O. 12047 of
                                                internet site, Social Security Online, at               1.02041 (OMB-issued inflationary                       March 27, 1978, the Foreign Affairs
                                                http://www.socialsecurity.gov.                          adjustment multiplier) = $8,248.99.                    Reform and Restructuring Act of 1998
                                                SUPPLEMENTARY INFORMATION: On June                      When rounded to the nearest dollar, the                (112 Stat. 2681, et seq.; 22 U.S.C. 6501
                                                27, 2016, pursuant to the Federal Civil                 new maximum penalty is $8,249.00.                      note, et seq.), Delegation of Authority
                                                Penalties Inflation Adjustment Act                      Section 1140 CMPs (42 U.S.C. 1320b–                    No. 234 of October 1, 1999, Delegation
                                                Improvements Act of 2015 (the 2015                      10)                                                    of Authority No. 236–3 of August 28,
                                                Act),1 we published an interim final                                                                           2000 (and, as appropriate, Delegation of
                                                rule to adjust the level of civil monetary                 $10,055.00 (current maximum per
                                                                                                                                                               Authority No. 257–1 of December 11,
                                                penalties (CMP) under sections 1129                     violation for all violations other than
                                                                                                                                                               2015). I have ordered that Public Notice
                                                and 1140 of the Social Security Act, 42                 broadcasts or telecasts) × 1.02041 (OMB-
                                                                                                                                                               of these determinations be published in
                                                U.S.C. 1320a–8 and 1320b–10, with an                    issued inflationary adjustment
                                                                                                                                                               the Federal Register.
                                                initial ‘‘catch-up’’ adjustment effective               multiplier) = $10,260.22. When rounded
                                                August 1, 2016.2 We announced in the                    to the nearest dollar, the new maximum                 Alyson Grunder,
                                                interim final rule that for any future                  penalty is $10,260.00.                                 Deputy Assistant Secretary for Policy, Bureau
                                                adjustments, we will publish a notice in                   $50,276.00 (current maximum per                     of Educational and Cultural Affairs,
                                                the Federal Register to announce the                    broadcast or telecast) × 1.02041 (OMB-                 Department of State.
                                                new amounts. The annual inflation                       issued inflationary adjustment                         [FR Doc. 2018–00402 Filed 1–11–18; 8:45 am]
                                                adjustment in subsequent years must be                  multiplier) = $51,302.13. When rounded                 BILLING CODE 4710–05–P

                                                a cost-of-living adjustment based on any                to the nearest dollar, the new maximum
                                                increases in the October Consumer Price                 penalty is $51,302.00.
                                                Index for All Urban Consumers (CPI–U)                    Dated: December 27, 2017.                             DEPARTMENT OF STATE
                                                (not seasonally adjusted) each year.3                   Gale Stallworth Stone,                                 [Public Notice: 10267]
                                                Inflation adjustment increases must be                  Acting Inspector General of Social Security.
                                                rounded to the nearest multiple of $1. 4                [FR Doc. 2018–00487 Filed 1–11–18; 8:45 am]
                                                                                                                                                               Notice of Availability of the Final
                                                We last updated the maximum penalty                                                                            Environmental Assessment and
                                                                                                        BILLING CODE 4191–02–P
                                                amounts effective January 15, 2017.5                                                                           Finding of No Significant Impact for
                                                Based on Office of Management and                                                                              the Borrego Pipeline Presidential
                                                Budget (OMB) guidance, the                                                                                     Permit Application, Webb County,
                                                                                                        DEPARTMENT OF STATE                                    Texas
                                                information below serves as public
                                                notice of the new maximum penalty                       [Public Notice: 10264]
                                                                                                                                                               AGENCY:   Department of State.
                                                amounts for 2018. The adjustment
                                                                                                        Notice of Determinations; Culturally                   ACTION:   Notice of availability.
                                                results in the following new maximum
                                                                                                        Significant Objects Imported for
                                                                                                        Exhibition Determinations: ‘‘Romance                   SUMMARY:   The U.S. Department of State
                                                  1 See https://www.congress.gov/bill/114th-
                                                                                                        and Reason: Islamic Transformations                    (Department) is advising the public that
                                                congress/house-bill/1314/text. See also https://
                                                www.federalregister.gov/documents/2016/06/27/           of the Classical Past’’ Exhibition                     on January 3, 2018, the Department
                                                2016-13241/penalty-inflation-adjustments-for-civil-                                                            approved a Finding of No Significant
                                                money-penalties.                                        SUMMARY:   Notice is hereby given of the               Impact (FONSI) based on the Final
                                                  2 https://www.federalregister.gov/documents/
                                                                                                        following determinations: I hereby                     Environmental Assessment (Final EA)
                                                2016/06/27/2016-13241/penalty-inflation-                determine that certain objects to be
                                                adjustments-for-civil-money-penalties.
                                                                                                                                                               for the Borrego Pipeline Presidential
                                                  3 See OMB Memorandum, Implementation of the           included in the exhibition ‘‘Romance                   Permit Application.
                                                Federal Civil Penalties Inflation Adjustment Act        and Reason: Islamic Transformations of                 DATES: The FONSI and Final EA are
                                                Improvements Act of 2015, M–16–06, p. 1 (February       the Classical Past,’’ imported from                    available as of the publication date of
                                                24, 2016), https://www.whitehouse.gov/sites/            abroad for temporary exhibition within
                                                whitehouse.gov/files/omb/memoranda/2016/m-16-                                                                  this notice at https://www.state.gov/e/
                                                06.pdf. See also https://www.federalregister.gov/
                                                                                                        the United States, are of cultural                     enr/applicant/applicants/
                                                documents/2016/06/27/2016-13241/penalty-                significance. The objects are imported                 borregopipeline/c73505.htm.
                                                inflation-adjustments-for-civil-money-penalties.        pursuant to a loan agreement with the
                                                                                                                                                               ADDRESSES: Copies of the FONSI and
                                                  4 OMB Memorandum, Implementation of the
                                                                                                        foreign owner or custodian. I also
                                                Federal Civil Penalties Inflation Adjustment Act                                                               Final EA are available at the following:
                                                                                                        determine that the exhibition or display
sradovich on DSK3GMQ082PROD with NOTICES




                                                Improvements Act of 2015, M–16–06, p. 3 (February
                                                                                                        of the exhibit objects at the Institute for            • Main Laredo Public Library, 1120 E.
                                                24, 2016), https://www.whitehouse.gov/sites/                                                                     Calton Road, Laredo, Texas 78041
                                                whitehouse.gov/files/omb/memoranda/2016/m-16-           the Study of the Ancient World, New
                                                06.pdf. See also https://www.federalregister.gov/       York, New York, from on or about                       • https://www.state.gov/e/enr/
                                                documents/2016/06/27/2016-13241/penalty-                February 14, 2018, until on or about                     applicant/applicants/borregopipeline/
                                                inflation-adjustments-for-civil-money-penalties.
                                                                                                        May 13, 2018, and at possible additional                 index.htm
                                                  5 See https://www.federalregister.gov/documents/

                                                2016/12/29/2016-31423/notice-on-penalty-                exhibitions or venues yet to be                         Copies of the FONSI and Final EA
                                                inflation-adjustments-for-civil-monetary-penalties.     determined, is in the national interest.               may also be requested by email at


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Document Created: 2018-10-26 09:53:13
Document Modified: 2018-10-26 09:53:13
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionNotices
ActionNotice announcing updated penalty inflation adjustments for civil monetary penalties for 2018.
DatesThe updated maximum amount of civil money penalties in this notice are applicable to penalties assessed on or after January 15, 2018.
ContactJoseph 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 Citation83 FR 1654 

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