Annual Civil Monetary Penalties Inflation Adjustment

Citation86 FR 13822
Published date11 March 2021
Record Number2021-05068
SectionRules and Regulations
CourtCorporation For National And Community Service
13822
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
CORPORATION FOR NATIONAL AND
COMMUNITY SERVICE
45 CFR Parts 1230 and 2554
RIN 3045–AA76
Annual Civil Monetary Penalties
Inflation Adjustment
AGENCY
: Corporation for National and
Community Service.
ACTION
: Interim final rule.
SUMMARY
: The Corporation for National
and Community Service (CNCS,
operating as AmeriCorps) is updating its
regulations to reflect required annual
inflation-related increases to the civil
monetary penalties in its regulations,
pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015.
DATES
: Effective date: This rule is
effective March 11, 2021.
Comment due date: Technical
comments may be submitted until April
12, 2021.
ADDRESSES
: You may send your
comments electronically through the
Federal Government’s one-stop
rulemaking website at
www.regulations.gov. Also, you may
mail or deliver your comments to
Stephanie Soper, Law Office Manager,
Office of General Counsel, at the
Corporation for National and
Community Service, 250 E Street SW,
Washington, DC 20525. Due to
continued delays in CNCS’s receipt of
mail, we strongly encourage you to
submit your comments online. You may
request this document in an alternative
format for the visually impaired.
FOR FURTHER INFORMATION CONTACT
:
Stephanie Soper, Law Office Manager,
Office of General Counsel, at 202–606–
6747 or by email to ssoper@cns.gov.
SUPPLEMENTARY INFORMATION
:
I. Background
AmeriCorps, the operating name for
Corporation for National and
Community Service, is a Federal agency
that engages millions of Americans in
service. AmeriCorps members and
AmeriCorps Seniors volunteers serve
directly with nonprofit organizations to
tackle our nation’s most pressing
challenges. For more information, visit
americorps.gov.
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Sec. 701 of Pub. L. 114–74) (the
‘‘Act’’), which is intended to improve
the effectiveness of civil monetary
penalties and to maintain the deterrent
effect of such penalties, requires
agencies to adjust the civil monetary
penalties for inflation annually.
II. Method of Calculation
AmeriCorps has two civil monetary
penalties in its regulations. A civil
monetary penalty under the Act is a
penalty, fine, or other sanction that is
for a specific monetary amount as
provided by Federal law or has a
maximum amount provided for by
Federal law and is assessed or enforced
by an agency pursuant to Federal law
and is assessed or enforced pursuant to
an administrative proceeding or a civil
action in the Federal courts. (See 28
U.S.C. 2461 note).
The inflation adjustment for each
applicable civil monetary penalty is
determined using the percent increase
in the Consumer Price Index for all
Urban Consumers (CPI–U) for the month
of October of the year in which the
amount of each civil money penalty was
most recently established or modified.
In the December 23, 2020, OMB Memo
for the Heads of Executive Agencies and
Departments, M–21–10, Implementation
of Penalty Inflation Adjustments for
2021, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015, OMB
published the multiplier for the
required annual adjustment. The cost-
of-living adjustment multiplier for 2021,
based on the CPI–U for the month of
October 2020, not seasonally adjusted,
is 1.01182.
The agency identified two civil
penalties in its regulations: (1) The
penalty associated with Restrictions on
Lobbying (45 CFR 1230.400) and (2) the
penalty associated with the Program
Fraud Civil Remedies Act (45 CFR
2554.1).
The civil monetary penalties related
to Restrictions on Lobbying (Section
319, Pub. L. 101–121; 31 U.S.C. 1352)
range from $20,489 to $204,892. Using
the 2021 multiplier, the new range of
possible civil monetary penalties is from
$20,732 to $207,313.
The Program Fraud Civil Remedies
Act of 1986 (Pub. L. 99–509) civil
monetary penalty has an upper limit of
$11,665. Using the 2021 multiplier, the
new upper limit of the civil monetary
penalty is $11,803.
III. Summary of Final Rule
This final rule adjusts the civil
monetary penalty amounts related to
Restrictions on Lobbying (45 CFR
1230.400) and the Program Fraud Civil
Remedies Act of 1986 (45 CFR 2554.1).
The range of civil monetary penalties
related to Restrictions on Lobbying
increase from ‘‘$20,489 to $204,892’’ to
‘‘$20,732 to $207,313.’’ The civil
monetary penalties for the Program
Fraud Civil Remedies Act of 1986
increase from ‘‘up to $11,665’’ to ‘‘up to
$11,803.’’
IV. Regulatory Procedures
A. Determination of Good Cause for
Publication Without Notice and
Comment
The agency finds, under 5 U.S.C.
553(b)(3)(B), that there is good cause to
except this rule from the public notice
and comment provisions of the
Administrative Procedure Act, 5 U.S.C.
553(b). Because the agency is
implementing a final rule pursuant to
the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, which requires the agency to
update its regulations based on a
prescribed formula, the agency has no
discretion in the nature or amount of the
change to the civil monetary penalties.
Therefore, notice and comment for these
proscribed updates is impracticable and
unnecessary. As an interim final rule,
no further regulatory action is required
for the issuance of this legally binding
rule. If you would like to provide
technical comments, however, they may
be submitted until April 12, 2021.
B. Review Under Procedural Statutes
and Executive Orders
The agency has determined that
making technical changes to the amount
of civil monetary penalties in its
regulations does not trigger any
requirements under procedural statutes
and Executive orders that govern
rulemaking procedures.
V. Effective Date
This rule is effective March 11, 2021.
The adjusted civil penalty amounts
apply to civil penalties assessed on or
after March 11, 2021, when the violation
occurred after November 2, 2015. If the
violation occurred prior to November 2,
2015, or a penalty was assessed prior to
August 1, 2016, the pre-adjustment civil
penalty amounts in effect prior to
August 1, 2106, will apply.
List of Subjects
45 CFR Part 1230
Government contracts, Grant
programs, Loan programs, Lobbying,
Penalties, Reporting and recordkeeping
requirements.
45 CFR Part 2554
Claims, Fraud, Organization and
functions (Government agencies),
Penalties.
For the reasons discussed in the
preamble, under the authority of 42
U.S.C. 12651c(c), the Corporation for
National and Community Service
amends chapters XII and XXV, title 45
VerDate Sep<11>2014 16:13 Mar 10, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\11MRR1.SGM 11MRR1
khammond on DSKJM1Z7X2PROD with RULES
13823
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations
of the Code of Federal Regulations as
follows:
PART 1230—NEW RESTRICTIONS ON
LOBBYING
1. The authority citation for part 1230
continues to read as follows:
Authority: Section 319, Pub. L. 101–121
(31 U.S.C. 1352); Pub. L. 93–113; 42 U.S.C.
4951, et seq.; 42 U.S.C. 5060.
§ 1230.400 [Amended]
2. Amend § 1230.400 by:
a. In paragraphs (a), (b), and (e),
removing ‘‘$20,489’’ and adding in its
place ‘‘$20,732’’ each place it appears.
b. In paragraphs (a), (b), and (e),
removing ‘‘$204,892’’ and adding in its
place ‘‘$207,313’’ each place it appears.
Appendix A to Part 1230 [Amended]
3. Amend appendix A to part 1230 by:
a. Removing ‘‘$20,489’’ and adding in
its place ‘‘$20,732’’ each place it
appears.
b. Removing ‘‘$204,892’’ and adding
in its place ‘‘$207,313’’ each place it
appears.
PART 2554—PROGRAM FRAUD CIVIL
REMEDIES ACT REGULATIONS
4. The authority citation for part 2554
continues to read as follows:
Authority: Pub. L. 99–509, Secs. 6101–
6104, 100 Stat. 1874 (31 U.S.C. 3801–3812);
42 U.S.C. 12651c-12651d.
§ 2554.1 [Amended]
5. Amend § 2554.1 by removing
‘‘$11,665’’ in paragraph (b) and adding
in its place ‘‘$11,803.’’
Dated: March 5, 2021.
Fernando Laguarda,
General Counsel.
[FR Doc. 2021–05068 Filed 3–10–21; 8:45 am]
BILLING CODE 6050–28–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No. 181203999–9503–02]
RTID 0648–XA848
Fisheries of the Northeastern United
States; Northeast Multispecies
Fishery; Possession and Trip Limit
Increases for the Common Pool
Fishery
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Temporary rule; inseason
adjustment.
SUMMARY
: This action increases the
possession and trip limits of Georges
Bank cod, Gulf of Maine cod, Gulf of
Maine haddock, Southern New
England/Mid-Atlantic winter flounder,
American plaice, and witch flounder for
Northeast multispecies common pool
vessels for the remainder of the 2020
fishing year. This action will provide
the common pool fishery greater
opportunity to harvest, but not exceed,
the annual quotas for these stocks.
DATES
: These possession and trip limit
adjustments are effective March 11,
2021, through April 30, 2021.
FOR FURTHER INFORMATION CONTACT
:
Spencer Talmage, Fishery Management
Specialist, 978–281–9232.
SUPPLEMENTARY INFORMATION
: The
regulations at § 648.86(o) authorize the
Regional Administrator to adjust the
possession and trip limits for common
pool vessels in order to help avoid
overharvest or underharvest of the
common pool quotas.
Based on the most recent catch
information, the common pool fishery
has caught low amounts of the following
species relative to the annual quotas for
each of these stocks (Table 1): Georges
Bank (GB) cod; Gulf of Maine (GOM)
cod; GOM haddock; Southern New
England/Mid-Atlantic (SNE/MA) winter
flounder; American plaice; and witch
flounder. At the current rate of fishing,
we project that the common pool fishery
will not fully harvest the annual quotas
for these stocks by the end of fishing
year 2020. Providing vessels an
opportunity to possess and land greater
amounts of catch should provide greater
incentive to fish and more opportunity
to catch available quota. Based on our
review of past fishing effort and
performance under various possession
and trip limits, we project that this
action’s increases in the possession and
trip limits for these stocks should
provide additional fishing opportunities
and flexibility to catch available quota
while ensuring that the common pool
does not exceed its annual quotas.
T
ABLE
1—S
UMMARY OF
C
OMMON
P
OOL
C
ATCH
T
HROUGH
J
ANUARY
26, 2021
Stock FY 2020 catch
(mt) Sub-ACL
(mt) Percent
caught
GB cod ....................................................................................................................................... 2.7 31.4 8.5
GOM cod ................................................................................................................................... 2.3 8.7 25.8
GOM haddock ............................................................................................................................ 30.5 303.1 10
SNE/MA winter flounder ............................................................................................................ 7.2 63.4 11.4
American plaice ......................................................................................................................... 1.6 77.9 2.0
Witch flounder ............................................................................................................................ 1.2 35.4 3.3
Effective March 11, 2021 until April
30, 2021, NMFS increases the possession and trip limits summarized
in Tables 2 and 3.
T
ABLE
2—P
REVIOUS
F
ISHING
Y
EAR
2020 P
OSSESSION AND
T
RIP
L
IMITS
Stock A days-at-sea
(DAS) Handgear A Handgear B Small vessel
category
GB cod .............................. 250 lb (113.4 kg) per DAS, up to 500 lb (226.8 kg)
per trip. 250 lb (113.4 kg) per trip 25 lb (11.3 kg) per trip .... 250 lb (113.4 kg) per trip.
GOM cod ........................... 50 lb (22.7 kg) per DAS, up to 100 lb (45.4 kg) per
trip. 50 lb (22.7 kg) per trip .... 25 lb (11.3 kg) per trip .... 50 lb (22.7 kg) per trip.
VerDate Sep<11>2014 16:13 Mar 10, 2021 Jkt 253001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\11MRR1.SGM 11MRR1
khammond on DSKJM1Z7X2PROD with RULES

VLEX uses login cookies to provide you with a better browsing experience. If you click on 'Accept' or continue browsing this site we consider that you accept our cookie policy. ACCEPT