83 FR 32790 - Adjustment of Civil Monetary Penalty Amounts for 2018
DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Federal Register Volume 83, Issue 136 (July 16, 2018)
Federal Register Volume 83, Issue 136 (July 16, 2018)
| Page Range | 32790-32794 | |
| FR Document | 2018-15116 |
[Federal Register Volume 83, Number 136 (Monday, July 16, 2018)] [Rules and Regulations] [Pages 32790-32794] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-15116] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 28, 30, 87, 180, and 3282 [Docket No. FR-6076-F-01] RIN 2501-AD86 Adjustment of Civil Monetary Penalty Amounts for 2018 AGENCY: Office of the General Counsel, HUD. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule provides for 2018 inflation adjustments of civil monetary penalty amounts required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: Effective date for 2018 inflation adjustment: August 15, 2018. FOR FURTHER INFORMATION CONTACT: Dane Narode, Associate General Counsel, Office of Program Enforcement, Department of Housing and Urban Development, 1250 Maryland Avenue SW, Suite 200, Washington, DC 20024; telephone number 202-245-4141 (this is not a toll-free number). Hearing- or speech-impaired individuals may access this number via TTY by calling the Federal Information Relay Service, toll-free, at 800- 877-8339. SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) (Pub. L. 114-74, Sec. 701), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410), requires agencies to make annual adjustments to civil monetary penalty (CMP) amounts for inflation ``notwithstanding section 553 of title 5, United States Code.'' Section 553 refers to the Administrative Procedure Act, which might otherwise require a delay for advance notice and opportunity for public comment on future annual inflation adjustments. This annual adjustment is for 2018. The annual adjustment is based on the percent change between the U.S. [[Page 32791]] Department of Labor's Consumer Price Index for All Urban Consumers (``CPI-U'') for the month of October preceding the date of the adjustment, and the CPI-U for October of the prior year (28 U.S.C. 2461 note, section (5)(b)(1)). Based on that formula, the cost-of-living adjustment multiplier for 2018 is 1.02041.\1\ Pursuant to the 2015 Act, adjustments are rounded to the nearest dollar.\2\ --------------------------------------------------------------------------- \1\ Office of Management and Budget, M-18-03, Memorandum for the Heads of Executive Departments and Agencies, Implementation of Penalty Inflation Adjustments for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. (https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf). (October 2017 CPI-U (246.663)/October 2016 CPI-U (241.729) = 1.02041.) \2\ 28 U.S.C. 2461 note. --------------------------------------------------------------------------- II. This Final Rule This rule makes the required 2018 inflation adjustment. Since HUD is not applying these adjustments retroactively, the 2018 increases apply to violations occurring on or after this rule's effective date. For each component, HUD provides a table showing how the penalties are being adjusted for 2018 pursuant to the 2015 Act. In the first column (``Description''), HUD provides a description of the penalty. In the second column (``Statutory Citation''), HUD provides the United States Code statutory citation providing for the penalty. In the third column (``Regulatory Citation''), HUD provides the Code of Federal Regulations citation under Title 24 for the penalty. In the fourth column (``Previous Amount''), HUD provides the amount of the penalty pursuant to the rule implementing the 2017 adjustment (82 FR 24521, May 30, 2017). In the fifth column (``2018 Adjusted Amount''), HUD lists the penalty after applying the 2018 inflation adjustment. ---------------------------------------------------------------------------------------------------------------- Regulatory Description Statutory citation (24 Previous amount 2018 Adjusted amount citation CFR) ---------------------------------------------------------------------------------------------------------------- False Claims & Statements.... Omnibus Budget 28.10 $10,957......... $11,181. Reconciliation Act of 1986 (31 U.S.C. 3802(a)(1)). Advance Disclosure of Funding Department of 30.20 $19,246......... $19,639. Housing and Urban Development Act (42 U.S.C. 3537a(c)). Disclosure of Subsidy Department of 30.25 $19,246......... $19,639. Layering. Housing and Urban Development Act (42 U.S.C. 3545(f)). FHA Mortgagees and Lenders HUD Reform Act 30.35 Per Violation: Per Violation: $9,819. Violations. of 1989 (12 $9,623. Per Year: $1,963,870. U.S.C. 1735f- Per Year: 14(a)(2)). $1,924,589. Other FHA Participants HUD Reform Act 30.36 Per Violation: Per Violation: $9,819. Violations. of 1989 (12 $9,623. Per Year: $1,963,870. U.S.C. 1735f- Per Year: 14(a)(2)). $1,924,589. Indian Loan Mortgagees Housing 30.40 Per Violation: Per Violation: $9,819. Violations. Community $9,623. Per Year: $1,963,870. Development Act Per Year: of 1992 (12 $1,924,589. U.S.C. 1715z- 13a(g)(2)). Multifamily & Section 202 or HUD Reform Act 30.45 $48,114......... $49,096. 811 Owners Violations. of 1989 (12 U.S.C. 1735f- 15(c)(2)). Ginnie Mae Issuers & HUD Reform Act 30.50 Per Violation: Per Violation: $9,819. Custodians Violations. of 1989 (12 $9,623. Per Year: $1,963,870. U.S.C. Per Year: 1723i(b)). $1,924,589. Title I Broker & Dealers HUD Reform Act 30.60 Per Violation: Per Violation: $9,819. Violations. of 1989 (12 $9,623. Per Year: $1,963,870. U.S.C. 1703). Per Year: $1,924,589. Lead Disclosure Violation.... Title X-- 30.65 $17,047......... $17,395. Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852d(b)(1)). Section 8 Owners Violations.. Multifamily 30.68 $37,396......... $38,159. Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437z- 1(b)(2)). Lobbying Violation........... The Lobbying 87.400 Min: $19,246.... Min: $19,639. Disclosure Act Max: $192,459... Max: $196,387. of 1995 (31 U.S.C. 1352). Fair Housing Act Civil Fair Housing 180.671(a) No Priors: No Priors: $20,521. Penalties. Amendments Act $20,111. One Prior: $51,302. of 1988 (42 One Prior: Two or More Priors: $102,606. U.S.C. $50,276. 3612(g)(3)). Two or More Priors: $100,554. Manufactured Housing Housing 3282.10 Per Violation: Per Violation: $2,852. Regulations Violation. Community $2,795. Per Year: $3,565,045. Development Act Per Year: of 1974 (42 $3,493,738. U.S.C. 5410). ---------------------------------------------------------------------------------------------------------------- II. Justification for Final Rulemaking for the 2018 Adjustments HUD generally publishes regulations for public comment before issuing a rule for effect, in accordance with its own regulations on rulemaking in 24 CFR part 10. However, part 10 provides for exceptions to the general rule if the agency finds good cause to omit advanced notice and public participation. The good cause requirement is satisfied when prior public procedure is ``impractical, unnecessary, or contrary to the public interest'' (see 24 CFR 10.1). As discussed, this rule makes the required 2018 inflation adjustment, which HUD does not have discretion to change. Moreover, the 2015 Act specifies that a delay in the effective date under the Administrative Procedure Act is not required for annual adjustments under the 2015 Act. HUD has determined, [[Page 32792]] therefore, that it is unnecessary to delay the effectiveness of the 2018 inflation adjustments to solicit prior public comments. Section 7(o) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(o)) requires that any HUD regulation implementing any provision of the Department of Housing and Urban Development Reform Act of 1989 that authorizes the imposition of a civil money penalty may not become effective until after the expiration of a public comment period of not less than 60 days. This rule does not authorize the imposition of a civil money penalty--rather, it makes a standard inflation adjustment to penalties that were previously authorized. As noted above, the 2018 inflation adjustments are made in accordance with a statutorily prescribed formula that does not provide for agency discretion. Accordingly, a delay in the effectiveness of the 2018 inflation adjustments in order to provide the public with an opportunity to comment is unnecessary because the 2015 Act exempts the adjustments from the need for delay, the rule does not authorize the imposition of a civil money penalty, and, in any event, HUD would not have the discretion to make changes as a result of any comments. IV. Findings and Certifications Regulatory Review--Executive Orders 12866 and 13563 Under Executive Order 12866 (Regulatory Planning and Review), a determination must be made whether a regulatory action is significant and, therefore, subject to review by the Office of Management and Budget (OMB) in accordance with the requirements of the order. Executive Order 13563 (Improving Regulations and Regulatory Review) directs executive agencies to analyze regulations that are ``outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned. Executive Order 13563 also directs that, where relevant, feasible, and consistent with regulatory objectives, and to the extent permitted by law, agencies are to identify and consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) requires that for every new regulation issued, at least two prior regulations be identified for removal, and that the cost of planned regulations be prudently managed and controlled through a budgeting process. As discussed above in this preamble, this final rule adjusts existing civil monetary penalties for inflation by a statutorily required amount. As a result of this review, OMB determined that this rule was not significant under Executive Order 12866 and Executive Order 13563. Moreover, as this rule is not a significant regulatory action under Executive Order 12866, it is not considered an Executive Order 13771 regulatory action. Regulatory Flexibility Act The Regulatory Flexibility Act (RFA) (5 U.S.C. 601 et seq.) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Because HUD has determined that good cause exists to issue this rule without prior public comment, this rule is not subject to the requirement to publish an initial or final regulatory flexibility analysis under the RFA as part of such action. Unfunded Mandates Reform Section 202 of the Unfunded Mandates Reform Act of 1995 (UMRA) \3\ requires that an agency prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that may 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. If a budgetary impact statement is required, section 205 of UMRA also requires an agency to identity and consider a reasonable number of regulatory alternatives before promulgating a rule.\4\ However, the UMRA applies only to rules for which an agency publishes a general notice of proposed rulemaking. As discussed above, HUD has determined, for good cause, that prior notice and public comment is not required on this rule and, therefore, the UMRA does not apply to this final rule. --------------------------------------------------------------------------- \3\ 2 U.S.C. 1532. \4\ 2 U.S.C. 1534. --------------------------------------------------------------------------- Executive Order 13132, Federalism Executive Order 13132 (entitled ``Federalism'') prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial direct compliance costs on State and local governments and is not required by statute, or the rule preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This rule will not have federalism implications and would not impose substantial direct compliance costs on State and local governments or preempt State law within the meaning of the Executive order. Environmental Review This interim final rule does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern, or regulate, real property acquisition, disposition, leasing, rehabilitation, alteration, demolition, or new construction, or establish, revise, or provide for standards for construction or construction materials, manufactured housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this final rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). List of Subjects 24 CFR Part 28 Administrative practice and procedure, Claims, Fraud, Penalties. 24 CFR Part 30 Administrative practice and procedure, Grant programs-housing and community development, Loan programs-housing and community development, Mortgage insurance, Penalties. 24 CFR Part 87 Government contracts, Grant programs, Loan programs, Lobbying, Penalties, Reporting and recordkeeping requirements. 24 CFR Part 180 Administrative practice and procedure, Aged, Civil rights, Fair housing, Individuals with disabilities, Investigations, Mortgages, Penalties, Reporting and recordkeeping requirements. 24 CFR Part 3282 Administrative practice and procedure, Consumer protection, Intergovernmental relations, Manufactured homes, Reporting and recordkeeping requirements. Accordingly, for the reasons described in the preamble, HUD amends 24 CFR parts 28, 30, 87, 180, and 3282 to read as follows: PART 28--IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 0 1. The authority citation for part 28 continues to read as follows: [[Page 32793]] Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812; 42 U.S.C. 3535(d). 0 2. In Sec. 28.10, revise paragraphs (a)(1) introductory text and (b)(1) introductory text to read as follows: Sec. 28.10 Basis for civil penalties and assessments. (a) Claims. (1) A civil penalty of not more than $11,181 may be imposed upon any person who makes, presents, or submits, or causes to be made, presented, or submitted, a claim that the person knows or has reason to know: * * * * * (b) Statements. (1) A civil penalty of not more than $11,181 may be imposed upon any person who makes, presents, or submits, or causes to be made, presented, or submitted, a written statement that: * * * * * PART 30--CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT 0 3. The authority citation for part 30 continues to read as follows: Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, and 1735f- 15; 15 U.S.C. 1717a; 28 U.S.C. 1 note and 2461 note; 42 U.S.C. 1437z-1 and 3535(d). 0 4. In Sec. 30.20, revise paragraph (b) to read as follows: Sec. 30.20 Ethical violations by HUD employees. * * * * * (b) Maximum penalty. The maximum penalty is $19,639 for each violation. 0 5. In Sec. 30.25, revise paragraph (b) to read as follows: Sec. 30.25 Violations by applicants for assistance. * * * * * (b) Maximum penalty. The maximum penalty is $19,639 for each violation. 0 6. In Sec. 30.35, revise the first sentence in paragraph (c)(1) to read as follows: Sec. 30.35 Mortgagees and lenders. * * * * * (c)(1) * * * The maximum penalty is $9,819 for each violation, up to a limit of $1,963,870 for all violations committed during any one- year period. * * * * * * * * 0 7. In Sec. 30.36, revise the first sentence in paragraph (c) to read as follows: Sec. 30.36 Other participants in FHA programs. * * * * * (c) * * * The maximum penalty is $9,819 for each violation, up to a limit of $1,963,870 for all violations committed during any one-year period. * * * 0 8. In Sec. 30.40, revise the first sentence in paragraph (c) to read as follows: Sec. 30.40 Loan guarantees for Indian housing. * * * * * (c) * * * The maximum penalty is $9,819 for each violation, up to a limit of $1,963,870 for all violations committed during any one-year period. * * * 0 9. In Sec. 30.45, revise paragraph (g) to read as follows: Sec. 30.45 Multifamily and section 202 or 811 mortgagors. * * * * * (g) Maximum penalty. The maximum penalty for each violation under paragraphs (c) and (f) of this section is $49,096. * * * * * 0 10. In Sec. 30.50, revise the first sentence in paragraph (c) to read as follows: Sec. 30.50 GNMA issuers and custodians. * * * * * (c) * * * The maximum penalty is $9,819 for each violation, up to a limit of $1,963,870 during any one-year period. * * * 0 11. In Sec. 30.60, revise paragraph (c) to read as follows: Sec. 30.60 Dealers or sponsored third-party originators. * * * * * (c) Amount of penalty. The maximum penalty is $9,819 for each violation, up to a limit for any particular person of $1,963,870 during any one-year period. 0 12. In Sec. 30.65, revise paragraph (b) to read as follows: Sec. 30.65 Failure to disclose lead-based paint hazards. * * * * * (b) Amount of penalty. The maximum penalty is $17,395 for each violation. 0 13. In Sec. 30.68, revise paragraph (c) to read as follows: Sec. 30.68 Section 8 owners. * * * * * (c) Maximum penalty. The maximum penalty for each violation under this section is $38,159. * * * * * PART 87--NEW RESTRICTIONS ON LOBBYING 0 14. The authority citation for part 87 continues to read as follows: Authority: 28 U.S.C. 1 note; 31 U.S.C. 1352; 42 U.S.C. 3535(d). 0 15. In Sec. 87.400, revise paragraphs (a), (b), and (e) to read as follows: Sec. 87.400 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) 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. * * * * * PART 180--CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS 0 16. The authority citation for part 180 continues to read as follows: Authority: 28 U.S.C. 1 note; 29 U.S.C. 794; 42 U.S.C. 2000d-1, 3535(d), 3601-3619, 5301-5320, and 6103. 0 17. In Sec. 180.671, revise paragraphs (a)(1) through (3) to read as follows: Sec. 180.671 Assessing civil penalties for Fair Housing Act cases. (a) * * * (1) $20,521, if the respondent has not been adjudged in any administrative hearing or civil action permitted under the Fair Housing Act or any state or local fair housing law, or in any licensing or regulatory proceeding conducted by a federal, state, or local governmental agency, to have committed any prior discriminatory housing practice. (2) $51,302, if the respondent has been adjudged in any administrative hearing or civil action permitted under the Fair Housing Act, or under any state or local fair housing law, or in any licensing or regulatory proceeding conducted by a federal, state, or local government agency, to have committed one other discriminatory housing practice and the adjudication was made during the 5-year period preceding the date of filing of the charge. (3) $102,606, if the respondent has been adjudged in any administrative hearings or civil actions permitted under the Fair Housing Act, or under [[Page 32794]] any state or local fair housing law, or in any licensing or regulatory proceeding conducted by a federal, state, or local government agency, to have committed two or more discriminatory housing practices and the adjudications were made during the 7-year period preceding the date of filing of the charge. * * * * * PART 3282--MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS 0 18. The authority citation for part 3282 continues to read as follows: Authority: 28 U.S.C. 1 note; 28 U.S.C. 2461 note; 42 U.S.C. 3535(d) and 5424. 0 19. Revise Sec. 3282.10 to read as follows: Sec. 3282.10 Civil and criminal penalties. Failure to comply with these regulations may subject the party in question to the civil and criminal penalties provided for in section 611 of the Act, 42 U.S.C. 5410. The maximum amount of penalties imposed under section 611 of the Act shall be $2,852 for each violation, up to a maximum of $3,565,045 for any related series of violations occurring within one year from the date of the first violation. Dated: July 8, 2018. J. Paul Compton, Jr., General Counsel. [FR Doc. 2018-15116 Filed 7-13-18; 8:45 am] BILLING CODE 4210-67-P
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date of publication of the notice. After filed with him, except that the objection by a state,’’ before ‘‘hold a
consideration of any comments or Administrator shall hold a hearing if he hearing’’.
objections, or after a hearing if one is determines it is necessary to resolve an Dated: July 11, 2018.
ordered by the Administrator, the issue of material fact raised by a state Uttam Dhillon,
Administrator shall issue and publish in objecting to the proposed adjusted quota
Acting Administrator.
the Federal Register his final order as excessive for legitimate United States’
[FR Doc. 2018–15141 Filed 7–13–18; 8:45 am]
determining the aggregate production needs. In the event the Administrator
quota for the basic class of controlled decides to hold a hearing, he shall BILLING CODE 4410–09–P
substances. The order shall include the publish notice of the hearing in the
findings of fact and conclusions of law Federal Register, which notice shall
upon which the order is based. The summarize the issues to be heard and DEPARTMENT OF HOUSING AND
order shall specify the date on which it shall set the time for the hearing, which URBAN DEVELOPMENT
shall take effect. A copy of said order shall not be less than 10 days after the
shall be mailed simultaneously to each date of publication of the notice. After 24 CFR Parts 28, 30, 87, 180, and 3282
person registered as a bulk manufacturer consideration of any comments or [Docket No. FR–6076–F–01]
of the basic class and transmitted to objections, or after a hearing if one is
RIN 2501–AD86
each state attorney general. ordered by the Administrator, the
■ 3. In § 1303.12, paragraph (b), add Administrator shall issue and publish in Adjustment of Civil Monetary Penalty
after the fifth sentence a new sentence the Federal Register his final order Amounts for 2018
to read as follows: determining the aggregate production
for the basic class of controlled AGENCY: Office of the General Counsel,
§ 1303.12 Procurement quotas. substance. The order shall include the HUD.
* * * * * findings of fact and conclusions of law ACTION: Final rule.
(b) * * * The Administrator may upon which the order is based. The
require additional information from an order shall specify the date on which it SUMMARY: This rule provides for 2018
applicant which, in the Administrator’s shall take effect. A copy of said order inflation adjustments of civil monetary
judgment, may be helpful in detecting shall be mailed simultaneously to each penalty amounts required by the Federal
or preventing diversion, including person registered as a bulk manufacturer Civil Penalties Inflation Adjustment Act
customer identities and amounts of the of the basic class and transmitted to of 1990, as amended by the Federal
controlled substance sold to each each state attorney general. Civil Penalties Inflation Adjustment Act
customer. * * * Improvements Act of 2015.
§ 1303.21 [Amended] DATES: Effective date for 2018 inflation
* * * * *
■ 4. In § 1303.13, revise paragraphs ■ 5. In § 1303.21, in paragraph (a), adjustment: August 15, 2018.
(b)(1) and (c) to read as follows: remove ‘‘§§ ’’ in the second sentence FOR FURTHER INFORMATION CONTACT:
and add in its place ‘‘§ ’’. Dane Narode, Associate General
§ 1303.13 Adjustments of aggregate ■ 6. In § 1303.22: Counsel, Office of Program
production quotas. Enforcement, Department of Housing
■ a. In paragraph (c)(2), remove the
* * * * * word ‘‘econolic’’ and add in its place and Urban Development, 1250
(b) * * * the word ‘‘economic’’. Maryland Avenue SW, Suite 200,
(1) Changes in the demand for that ■ b. Add paragraph (d). Washington, DC 20024; telephone
class, changes in the national rate of net The addition reads as follows: number 202–245–4141 (this is not a toll-
disposal of the class, changes in the rate free number). Hearing- or speech-
of net disposal of the class by registrants § 1303.22 Procedure for applying for impaired individuals may access this
holding individual manufacturing individual manufacturing quotas. number via TTY by calling the Federal
quotas for that class, and changes in the * * * * * Information Relay Service, toll-free, at
extent of any diversion in the class; (d) The Administrator may require 800–877–8339.
* * * * * additional information from an SUPPLEMENTARY INFORMATION:
(c) The Administrator in the event he applicant which, in the Administrator’s
determines to increase or reduce the judgment, may be helpful in detecting I. Background
aggregate production quota for a basic or preventing diversion, including The Federal Civil Penalties Inflation
class of controlled substance, shall customer identities and amounts of the Adjustment Act Improvements Act of
publish in the Federal Register general controlled substance sold to each 2015 (the 2015 Act) (Pub. L. 114–74,
notice of an adjustment in the aggregate customer. Sec. 701), which further amended the
production quota for that class Federal Civil Penalties Inflation
§ 1303.23 [Amended]
determined by him under this section. Adjustment Act of 1990 (Pub. L. 101–
A copy of said notice shall be mailed ■ 7. In § 1303.23, add the phrase ‘‘the 410), requires agencies to make annual
simultaneously to each person extent of any diversion of the controlled adjustments to civil monetary penalty
registered as a bulk manufacturer of the substance,’’ after ‘‘strikes),’’ in (CMP) amounts for inflation
basic class and transmitted to each state paragraph (a)(2), and add the phrase ‘‘notwithstanding section 553 of title 5,
attorney general. The Administrator ‘‘any risk of diversion of the controlled United States Code.’’ Section 553 refers
shall permit any interested person to file substance,’’ after ‘‘strikes),’’ in to the Administrative Procedure Act,
sradovich on DSK3GMQ082PROD with RULES
written comments on or objections to paragraph (b)(2). which might otherwise require a delay
the proposal and shall designate in the for advance notice and opportunity for
§ 1303.32 [Amended]
notice the time during which such public comment on future annual
filings may be made. The Administrator ■ 8. In § 1303.32, in paragraph (a), add inflation adjustments. This annual
may, but shall not be required to, hold the phrase ‘‘and shall, if determined by adjustment is for 2018.
a public hearing on one or more issues the Administrator to be necessary under The annual adjustment is based on
raised by the comments and objections § 1303.11(c) or 1303.13(c) based on the percent change between the U.S.
VerDate Sep<11>2014 16:38 Jul 13, 2018 Jkt 244001 PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 E:\FR\FM\16JYR1.SGM 16JYR1](https://thefederalregister.org/doc/83_FR_32926/page/1.svg)
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any state or local fair housing law, or in (NAAQS). EPA is approving this measures and other federally
any licensing or regulatory proceeding revision in accordance with the enforceable source-specific measures,
conducted by a federal, state, or local requirements of the Clean Air Act pursuant to permitting requirements
government agency, to have committed (CAA). under the CAA, that apply to sources of
two or more discriminatory housing DATES: This final rule is effective on PM2.5 and its precursors within Virginia.
practices and the adjudications were August 15, 2018. Virginia concludes that the
made during the 7-year period ADDRESSES: EPA has established a
Commonwealth does not significantly
preceding the date of filing of the docket for this action under Docket ID contribute to, nor interfere with the
charge. Number EPA–R03–OAR–2017–0337. All maintenance of, another state for the
* * * * * documents in the docket are listed on 2012 PM2.5 NAAQS.
the http://www.regulations.gov website. A detailed summary of Virginia’s
PART 3282—MANUFACTURED HOME Although listed in the index, some submittal and EPA’s review and
PROCEDURAL AND ENFORCEMENT information is not publicly available, rationale for approval of this SIP
REGULATIONS e.g., confidential business information revision as meeting CAA section
(CBI) or other information whose 110(a)(2)(D)(i)(I) for the 2012 PM2.5
■ 18. The authority citation for part NAAQS may be found in the NPR and
3282 continues to read as follows: disclosure is restricted by statute.
Certain other material, such as Technical Support Document (TSD) for
Authority: 28 U.S.C. 1 note; 28 U.S.C. 2461 copyrighted material, is not placed on this rulemaking action, which are
note; 42 U.S.C. 3535(d) and 5424. the internet and will be publicly available online at www.regulations.gov,
■ 19. Revise § 3282.10 to read as available only in hard copy form. Docket number EPA–R03–OAR–2017–
follows: Publicly available docket materials are 0337.
available through http:// EPA used the information in the 2016
§ 3282.10 Civil and criminal penalties. www.regulations.gov, or please contact PM2.5 Memorandum1 and additional
Failure to comply with these the person identified in the ‘‘For Further information for the evaluation and came
regulations may subject the party in Information Contact’’ section for to the same conclusion as Virginia. As
question to the civil and criminal additional availability information. discussed in greater detail in the TSD,
penalties provided for in section 611 of EPA identified the potential downwind
FOR FURTHER INFORMATION CONTACT:
the Act, 42 U.S.C. 5410. The maximum nonattainment and maintenance
Joseph Schulingkamp, (215) 814–2021,
amount of penalties imposed under receptors identified in the 2016 PM2.5
or by email at schulingkamp.joseph@
section 611 of the Act shall be $2,852 Memorandum, and then evaluated them
epa.gov.
for each violation, up to a maximum of to determine if Virginia’s emissions
SUPPLEMENTARY INFORMATION: could potentially contribute to
$3,565,045 for any related series of
violations occurring within one year I. Background nonattainment and maintenance
from the date of the first violation. problems in 2021, the attainment year
On May 9, 2018 (83 FR 21233), EPA for moderate PM2.5 nonattainment areas.
Dated: July 8, 2018. published a notice of proposed EPA concluded Virginia was not
J. Paul Compton, Jr., rulemaking (NPR) for the significantly contributing to
General Counsel. Commonwealth of Virginia. In the NPR, nonattainment nor interfering with
[FR Doc. 2018–15116 Filed 7–13–18; 8:45 am] EPA proposed approval of Virginia’s maintenance with 2012 PM2.5 NAAQS
BILLING CODE 4210–67–P submittal to address the infrastructure by any other state.
requirements under section
110(a)(2)(D)(i) of the CAA for the 2012 III. Public Comments
ENVIRONMENTAL PROTECTION PM2.5 NAAQS. The formal SIP revision Two anonymous public comments
AGENCY was submitted by Virginia through the were received on the NPR. The first
Department of Environmental Quality comment generally discussed
40 CFR Part 52 (VADEQ) on May 16, 2017. greenhouse gases and climate change
[EPA–R03–OAR–2017–0337; FRL–9980– II. Summary of SIP Revision and EPA and was determined to not be relevant
68—Region 3] Analysis nor specific to this rulemaking action.
Thus, no response is provided for this
Virginia’s May 16, 2017 SIP submittal comment. The second comment
Approval and Promulgation of Air
includes a summary of annual expressed that the commenter would
Quality Implementation Plans; Virginia;
emissions of oxides of nitrogen (NOX) not like to see particulate pollution from
Interstate Transport Requirements for
and sulfur dioxide (SO2), both of which Virginia or any state degrade Allegheny
the 2012 Fine Particulate Matter
are precursors of PM2.5. The emissions County, Pennsylvania’s air. As
Standard
summary shows that emissions from explained in the proposed rulemaking
AGENCY: Environmental Protection Virginia sources have been steadily in detail, EPA determined that
Agency (EPA). decreasing for sources that could Virginia’s emission sources do not
ACTION: Final rule. potentially contribute, with respect to contribute significantly to
the 2012 PM2.5 NAAQS, to nonattainment, nor interfere with
SUMMARY: The Environmental Protection nonattainment in, or interfere with maintenance, of the 2012 PM2.5 NAAQS
Agency (EPA) is approving a state maintenance of, any other state. The in another state. EPA also concluded
implementation plan (SIP) revision submittal also included currently
sradovich on DSK3GMQ082PROD with RULES
submitted by the Commonwealth of available air quality monitoring data for 1 ‘‘Information on the Interstate Transport ‘‘Good
Virginia (the Commonwealth or PM2.5, and its precursors SO2 and NO2, Neighbor’’ Provision for the 2012 Fine Particulate
Virginia). This revision pertains to the which Virginia alleged show that PM2.5 Matter National Ambient Air Quality Standards
infrastructure requirement for interstate levels continue to be below the 2012 under Clean Air Act Section 110(a)(2)(D)(i)(I),’’
Memorandum from Stephen D. Page, Director, EPA
transport of pollution with respect to PM2.5 NAAQS in Virginia. Office of Air Quality Planning and Standards
the 2012 fine particulate matter (PM2.5) Additionally, Virginia described in its (March 17, 2016). A copy is included in the docket
national ambient air quality standards submittal several existing SIP-approved for this rulemaking action.
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Document Created: 2018-07-14 00:54:02
Document Modified: 2018-07-14 00:54:02
| 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 for 2018 inflation adjustment: August 15, 2018. | |
| Contact | Dane Narode, Associate General Counsel, Office of Program Enforcement, Department of Housing and Urban Development, 1250 Maryland Avenue SW, Suite 200, Washington, DC 20024; telephone number 202-245-4141 (this is not a toll-free number). Hearing- or speech-impaired individuals may access this number via TTY by calling the Federal Information Relay Service, toll-free, at 800- 877-8339. | |
| FR Citation | 83 FR 32790 | |
| RIN Number | 2501-AD86 | |
| CFR Citation | 24
CFR
180 24 CFR 28 24 CFR 30 24 CFR 3282 24 CFR 87 | |
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