83 FR 2071 - Civil Penalties Adjustment for 2018
NATIONAL FOUNDATION FOR THE ARTS AND HUMANITIES
National Endowment for the Arts Federal Register Volume 83, Issue 10 (January 16, 2018)
National Endowment for the Arts
Federal Register Volume 83, Issue 10 (January 16, 2018)
| Page Range | 2071-2073 | |
| FR Document | 2018-00537 |
[Federal Register Volume 83, Number 10 (Tuesday, January 16, 2018)] [Rules and Regulations] [Pages 2071-2073] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00537] ======================================================================= ----------------------------------------------------------------------- NATIONAL FOUNDATION FOR THE ARTS AND HUMANITIES National Endowment for the Arts 45 CFR Parts 1149 and 1158 RIN 3135-AA33 Civil Penalties Adjustment for 2018 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 (CMPs) 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 provides the 2018 annual inflation adjustments to the initial ``catch-up'' adjustments made on June 15, 2017. DATES: Effective date: This rule is effective January 15, 2018. Applicability date: The adjusted civil monetary penalties established by this rule are applicable only to civil penalties assessed after January 15, 2018. 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 December 12, 2017 the NEA issued a final rule entitled ``Federal Civil Penalties Adjustments'' which finalized the NEA's June 15, 2017 interim final rule entitled ``Implementing the Federal Civil Penalties Adjustment Act Improvements Act'', implementing the 2015 Act (section 701 of Pub. L. 114-74), which amended the Inflation Adjustment Act (28 U.S.C. 2461 note) requiring catch-up and annual adjustments to the NEA's CMPs. The 2015 Act requires agencies make annual adjustments to its CMPs for inflation. A CMP is defined in the Inflation Adjustment Act as any penalty, fine, or other sanction that is (1) for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; (2) assessed or enforced by an agency pursuant to Federal law; and (3) assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. These annual inflation adjustments are based on the percentage 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 formula for the amount of a CMP inflation adjustment is prescribed by law, as explained in OMB Memorandum M-16-06 (February 24, 2016), and therefore the amount of the adjustment is not subject to the exercise of discretion by the Chairman of the National Endowment for the Arts (Chairman). The Office of Management and Budget has issued guidance on implementing and calculating the 2018 adjustment under the 2015 Act.\1\ Per this guidance, the CPI-U adjustment multiplier for this annual adjustment in 1.02041. In its prior rules, the NEA identified two civil penalties which require adjustment: The penalty for false statements under the PFCRA and the penalty for violations of the NEA's Restrictions on Lobbying. The NEA adjusts the amount of those CMPs amount accordingly. --------------------------------------------------------------------------- \1\ OMB Memorandum M-18-03 (December 15, 2017). --------------------------------------------------------------------------- 2. Effective Dates The inflation adjustments contained in this rule shall apply to any violations assessed after January 15, 2018, the effective date of this rule. 3. Adjustments Two civil penalties in NEA regulations require adjustment in accordance with the 2015 Act: (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). [[Page 2072]] A. Adjustments to Penalties Under the NEA's Program Fraud Civil Remedies Act Regulations The current penalty under the PFCRA for false claims and statements is currently set at $10,957. The post-adjustment penalty or range is obtained by multiplying the pre-adjustment penalty or range by the percent change in the CPI-U over the relevant time period and rounding to the nearest dollar. Between October 2016 and October 2017, the CPI-U increased by 102.041 percent. Therefore, the new post-adjustment maximum penalty under the PFCRA for false statements is $10,957 x 1.02041 = $11,180.63, which rounds to $11,180. Therefore, the maximum penalty under the PFCRA for false claims and statements will be $11,180. B. Adjustments to Penalties Under the NEA's Restrictions on Lobbying Regulations The penalty for violations of the Restrictions on Lobbying is currently set at a range of a minimum of $19,246 and a maximum of $192,459. The post-adjustment penalty or range is obtained by multiplying the pre-adjustment penalty or range by the percent change in the CPI-U over the relevant time period and rounding to the nearest dollar. Between October 2016 and October 2017, the CPI-U increased by 102.041 percent. Therefore, the new post-adjustment minimum penalty under the Restrictions on Lobbying is $19,246 x 1.02041 = $19,638.81, which rounds to $19,639, and the maximum penalty under the Restrictions on Lobbying is $192,459 x 1.02041 = $196,387.09, which rounds to $196,387. Therefore, range of penalties under the law on the Restrictions on Lobbying shall be between $19,639 and $196,387. 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-18-03. 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. The NEA has 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 regulatory action (such as the promulgation of regulations) unless they request and are specifically exempted from that order's requirements by the Director of the Office of Management and Budget (the Director). This rule is not subject to the requirements of Executive Order 13771 because this rule is not significant under Executive Order 12866. Per OMB guidance, annual inflation adjustments ``are not significant regulatory actions under E.O. 12866, they are not considered E.O. 13771 regulatory actions.'' \2\ 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. --------------------------------------------------------------------------- \2\ Id. --------------------------------------------------------------------------- Federalism (Executive Order 13132) This rule 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 Directive 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, the NEA has 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 rule 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. [[Page 2073]] 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. 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 encourages public participation by ensuring its documentation is understandable by the general public, and has written this final rule in compliance with E.O. 13563 by ensuring its accessibility, consistency, simplicity of language, and overall comprehensibility. List of Subjects in 45 CFR Parts 1149 and 1158 Administrative practice and procedure, Government contracts, Grant programs, Loan programs, Lobbying, Penalties. For the reasons stated in the preamble, the NEA amends 45 CFR chapter XI, subchapter B, as follows: PART 1149--PROGRAM FRAUD CIVIL REMEDIES ACT REGULATIONS 0 1. The authority citation for part 1149 continues to read as follows: Authority: 5 U.S.C. App. 8G(a)(2); 20 U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812. 0 2. Revise Sec. 1149.9(a)(1) to read as follows: Sec. 1149.9 What civil penalties and assessments may I be subjected to? (a) * * * (1) A civil penalty of not more than $10,957 for each false, fictitious or fraudulent statement or claim; and * * * * * PART 1158--NEW RESTRICTIONS ON LOBBYING 0 3. The authority citation for part 1158 continues to read as follows: Authority: 20 U.S.C. 959; 28 U.S.C. 2461; 31 U.S.C. 1352. 0 4. Revise Sec. 1158.400(a), (b), and (e) to read as follows: Sec. 1158.400 Penalties. (a) Any person who makes an expenditure prohibited herein shall be subject to a civil penalty of not less than $19,639 and not more than $196,387 for each such expenditure. (b) Any person who fails to file or amend the disclosure form (see appendix B of this part) to be filed or amended if required herein, shall be subject to a civil penalty of not less than $19,639 and not more than $196,387 for each such failure. * * * * * (e) First offenders under paragraph (a) or (b) of this section shall be subject to a civil penalty of $19,639, absent aggravating circumstances. Second and subsequent offenses by persons shall be subject to an appropriate civil penalty between $19,639 and $196,387, as determined by the agency head or his or her designee. * * * * * Appendix A to Part 1158 [Amended] 0 5. Amend appendix A to part 1158 by: 0 a. Removing ``$19,246'' and adding in its place ``$19,639'' each place it appears. 0 b. Removing ``$192,459'' and adding in its place ``$196,387'' each place it appears. Dated: January 9, 2018. Jillian Miller, Director of Guidelines and Panel Operations, Administrative Services, National Endowment for the Arts. [FR Doc. 2018-00537 Filed 1-12-18; 8:45 am] BILLING CODE P
![Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2071
SUMMARY: The U.S. Copyright Office is extending the submission deadline by Act’’, implementing the 2015 Act
further extending the deadline for the an additional sixty days. Written (section 701 of Pub. L. 114–74), which
submission of written comments in comments now are due no later than amended the Inflation Adjustment Act
response to its June 12, 2017 and April 2, 2018. (28 U.S.C. 2461 note) requiring catch-up
November 13, 2017 interim rules, Dated: January 9, 2018. and annual adjustments to the NEA’s
regarding changes to the special Sarang V. Damle,
CMPs. The 2015 Act requires agencies
procedure for examining secure tests, make annual adjustments to its CMPs
General Counsel and Associate Register of
and the creation of a new group for inflation.
Copyrights.
registration option for secure tests, A CMP is defined in the Inflation
[FR Doc. 2018–00549 Filed 1–12–18; 8:45 am]
respectively. Adjustment Act as any penalty, fine, or
BILLING CODE 1410–30–P
DATES: The comment period for the other sanction that is (1) for a specific
interim rules, published on June 12, monetary amount as provided by
2017 (82 FR 26850), and November 13, Federal law, or has a maximum amount
NATIONAL FOUNDATION FOR THE
2017 (82 FR 52224), is extended by an provided for by Federal law; (2)
ARTS AND HUMANITIES
additional sixty days. Comments must assessed or enforced by an agency
be made in writing and must be National Endowment for the Arts pursuant to Federal law; and (3)
received in the U.S. Copyright Office no assessed or enforced pursuant to an
later than April 2, 2018. 45 CFR Parts 1149 and 1158 administrative proceeding or a civil
ADDRESSES: For reasons of government action in the Federal courts.
efficiency, the Copyright Office is using RIN 3135–AA33
These annual inflation adjustments
the regulations.gov system for the are based on the percentage change in
Civil Penalties Adjustment for 2018
submission and posting of public the Consumer Price Index for all Urban
comments in this proceeding. All AGENCY: National Endowment for the Consumers (CPI–U) for the month of
comments are therefore to be submitted Arts, National Foundation for the Arts October preceding the date of the
electronically through regulations.gov. and Humanities. adjustment, relative to the October CPI–
Specific instructions for submitting ACTION: Final rule. U in the year of the previous
comments are available on the adjustment. The formula for the amount
Copyright Office website at https:// SUMMARY: The National Endowment for
the Arts (NEA) is adjusting the of a CMP inflation adjustment is
www.copyright.gov/rulemaking/ prescribed by law, as explained in OMB
securetests/. If electronic submission of maximum civil monetary penalties
(CMPs) that may be imposed for Memorandum M–16–06 (February 24,
comments is not feasible due to lack of 2016), and therefore the amount of the
access to a computer and/or the violations of the Program Fraud Civil
Remedies Act (PFCRA) and the NEA’s adjustment is not subject to the exercise
internet, please contact the Office for
Restrictions on Lobbying to reflect the of discretion by the Chairman of the
special instructions using the contact
requirements of the Federal Civil National Endowment for the Arts
information below.
Penalties Inflation Adjustment Act (Chairman).
FOR FURTHER INFORMATION CONTACT:
Robert J. Kasunic, Associate Register of Improvements Act of 2015 (the 2015 The Office of Management and Budget
Copyrights and Director of Registration Act). The 2015 Act further amended the has issued guidance on implementing
Policy and Practice; Sarang Vijay Damle, Federal Civil Penalties Inflation and calculating the 2018 adjustment
General Counsel and Associate Register Adjustment Act of 1990 (the Inflation under the 2015 Act.1 Per this guidance,
of Copyrights; Erik Bertin, Deputy Adjustment Act) to improve the the CPI–U adjustment multiplier for this
Director of Registration Policy and effectiveness of civil monetary penalties annual adjustment in 1.02041. In its
Practice; or Kevin R. Amer, Senior and to maintain their deterrent effect. prior rules, the NEA identified two civil
Counsel for Policy and International This final rule provides the 2018 annual penalties which require adjustment: The
Affairs, by telephone at 202–707–8040 inflation adjustments to the initial penalty for false statements under the
or by email at rkas@loc.gov, sdam@ ‘‘catch-up’’ adjustments made on June PFCRA and the penalty for violations of
loc.gov, ebertin@loc.gov, and kamer@ 15, 2017. the NEA’s Restrictions on Lobbying. The
loc.gov. DATES: Effective date: This rule is NEA adjusts the amount of those CMPs
effective January 15, 2018. Applicability amount accordingly.
SUPPLEMENTARY INFORMATION: On June
12, 2017, the U.S. Copyright Office date: The adjusted civil monetary 2. Effective Dates
issued an interim rule memorializing its penalties established by this rule are
special procedures for examining secure applicable only to civil penalties The inflation adjustments contained
texts.1 On November 13, 2017, the assessed after January 15, 2018. in this rule shall apply to any violations
Office issued an additional interim rule FOR FURTHER INFORMATION CONTACT: assessed after January 15, 2018, the
establishing a new group registration Aswathi Zachariah, Assistant General effective date of this rule.
option for secure test questions.2 The Counsel, National Endowment for the 3. Adjustments
Office invited public comment on each Arts, 400 7th St., SW, Washington, DC
of these interim rules, and previously 20506, Telephone: 202–682–5418. Two civil penalties in NEA
extended its initial deadline for the SUPPLEMENTARY INFORMATION: regulations require adjustment in
submission of written comments.3 To accordance with the 2015 Act: (1) The
1. Background penalty associated with Restrictions on
ensure that members of the public have
On December 12, 2017 the NEA
daltland on DSKBBV9HB2PROD with RULES
sufficient time to respond, and to ensure Lobbying (45 CFR 1158.400; 45 CFR part
that the Office has the benefit of a issued a final rule entitled ‘‘Federal 1158, app. A) and (2) the penalty
complete record, the Office is further Civil Penalties Adjustments’’ which associated with the Program Fraud Civil
finalized the NEA’s June 15, 2017 Remedies Act (45 CFR 1149.9).
1 82 FR 26850 (June 12, 2017). interim final rule entitled
2 82 FR 52224 (Nov. 13, 2017). ‘‘Implementing the Federal Civil 1 OMB Memorandum M–18–03 (December 15,
3 82 FR 56890 (Dec. 1, 2017). Penalties Adjustment Act Improvements 2017).
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![Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2073
Paperwork Reduction Act of 1995 (44 Code; and all other materials that by ■ 4. Revise § 1158.400(a), (b), and (e) to
U.S.C., Chapter 35) agency rule or practice are included in read as follows:
This rulemaking will not impose any the rulemaking docket under section
§ 1158.400 Penalties.
‘‘information collection’’ requirements 553(c) of title 5, United States Code,
under the Paperwork Reduction Act. whether or not submitted electronically. (a) Any person who makes an
Under the act, information collection The website https:// expenditure prohibited herein shall be
means the obtaining or disclosure of www.regulations.gov contains electronic subject to a civil penalty of not less than
facts or opinions by or for an agency by dockets for the NEA’s rulemakings $19,639 and not more than $196,387 for
10 or more nonfederal persons. under the Administrative Procedure Act each such expenditure.
of 1946. (b) Any person who fails to file or
Unfunded Mandates Act of 1995 amend the disclosure form (see
(Section 202, Pub. L. 104–4) Plain Writing Act of 2010 (5 U.S.C. 301) appendix B of this part) to be filed or
This rulemaking does not contain a Under this Act, the term ‘‘plain amended if required herein, shall be
Federal mandate that will result in the writing’’ means writing that is clear, subject to a civil penalty of not less than
expenditure by State, local, and tribal concise, well-organized, and follows $19,639 and not more than $196,387 for
governments, in the aggregate, or by the other best practices appropriate to the each such failure.
private sector of $100 million or more subject or field and intended audience. * * * * *
in any one year. To ensure that this rule has been written (e) First offenders under paragraph (a)
in plain and clear language so that it can or (b) of this section shall be subject to
National Environmental Policy Act of
be used and understood by the public, a civil penalty of $19,639, absent
1969 (5 U.S.C. 804)
the NEA has modeled the language of aggravating circumstances. Second and
The final rule will not have this rule on the Federal Plain Language subsequent offenses by persons shall be
significant effect on the human Guidelines. subject to an appropriate civil penalty
environment.
Public Participation between $19,639 and $196,387, as
Small Business Regulatory Enforcement determined by the agency head or his or
Fairness Act of 1996 (Sec. 804, Pub. L. The NEA encourages public her designee.
104–121) participation by ensuring its
documentation is understandable by the * * * * *
This final rule would not be a major general public, and has written this final Appendix A to Part 1158 [Amended]
rule as defined in section 804 of the rule in compliance with E.O. 13563 by
Small Business Regulatory Enforcement ensuring its accessibility, consistency, ■ 5. Amend appendix A to part 1158 by:
Fairness Act of 1996. This final rule will simplicity of language, and overall ■ a. Removing ‘‘$19,246’’ and adding in
not result in an annual effect on the comprehensibility. its place ‘‘$19,639’’ each place it
economy of $100,000,000 or more, a appears.
major increase in costs or prices, List of Subjects in 45 CFR Parts 1149 ■ b. Removing ‘‘$192,459’’ and adding
significant adverse effects on and 1158 in its place ‘‘$196,387’’ each place it
competition, employment, investment, Administrative practice and appears.
productivity, innovation, or on the procedure, Government contracts, Grant Dated: January 9, 2018.
ability of United States-based programs, Loan programs, Lobbying, Jillian Miller,
companies to compete with foreign Penalties. Director of Guidelines and Panel Operations,
based companies in domestic and For the reasons stated in the Administrative Services, National
export markets. preamble, the NEA amends 45 CFR Endowment for the Arts.
E-Government Act of 2002 (44 U.S.C. chapter XI, subchapter B, as follows: [FR Doc. 2018–00537 Filed 1–12–18; 8:45 am]
3504) BILLING CODE P
PART 1149—PROGRAM FRAUD CIVIL
Section 206 of the E-Government Act REMEDIES ACT REGULATIONS
requires agencies, to the extent
practicable, to ensure that all ■ 1. The authority citation for part 1149
information about that agency required continues to read as follows: CORPORATION FOR NATIONAL AND
to be published in the Federal Register COMMUNITY SERVICE
Authority: 5 U.S.C. App. 8G(a)(2); 20
is also published on a publicly U.S.C. 959; 28 U.S.C. 2461 note; 31 U.S.C. 45 CFR Parts 1230 and 2554
accessible website. All information 3801–3812.
about the NEA required to be published ■ 2. Revise § 1149.9(a)(1) to read as RIN 3045–AA68
in the Federal Register may be accessed follows:
at www.arts.gov. This Act also requires Annual Civil Monetary Penalties
agencies to accept public comments on § 1149.9 What civil penalties and Inflation Adjustment
their rules ‘‘by electronic means.’’ See assessments may I be subjected to?
heading ‘‘Public Participation’’ for (a) * * * AGENCY: Corporation for National and
directions on electronic submission of (1) A civil penalty of not more than Community Service.
public comments on this final rule. $10,957 for each false, fictitious or ACTION: Interim final rule.
Finally, the E-Government Act fraudulent statement or claim; and
requires, to the extent practicable, that * * * * * SUMMARY: The Corporation for National
agencies ensure that a publicly and Community Service (CNCS) is
daltland on DSKBBV9HB2PROD with RULES
accessible Federal Government website PART 1158—NEW RESTRICTIONS ON updating its regulations to reflect
contains electronic dockets for LOBBYING required annual inflation-related
rulemakings under the Administrative increases to the civil monetary penalties
Procedure Act of 1946 (5 U.S.C. 551 et ■ 3. The authority citation for part 1158 in its regulations, pursuant to the
seq.). Under this Act, an electronic continues to read as follows: Federal Civil Penalties Inflation
docket consists of all submissions under Authority: 20 U.S.C. 959; 28 U.S.C. 2461; Adjustment Act Improvements Act of
section 553(c) of title 5, United States 31 U.S.C. 1352. 2015.
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Document Created: 2018-01-13 02:02:48
Document Modified: 2018-01-13 02:02:48
| 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 January 15, 2018. Applicability date: The adjusted civil monetary penalties established by this rule are applicable only to civil penalties assessed after January 15, 2018. | |
| Contact | Aswathi Zachariah, Assistant General Counsel, National Endowment for the Arts, 400 7th St., SW, Washington, DC 20506, Telephone: 202-682-5418. | |
| FR Citation | 83 FR 2071 | |
| 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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