Program Fraud Civil Remedies Act of 1986, Civil Monetary Penalties Inflation Adjustment

CourtGeneral Services Administration
Citation87 FR 2349
Publication Date14 January 2022
Record Number2022-00732
2349
Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
List of Subjects in 33 CFR Part 165
Harbors, Marine safety, Navigation
(water), Reporting and recordkeeping
requirements, Security measures,
Waterways.
For the reasons discussed in the
preamble, the Coast Guard amends 33
CFR part 165 as follows:
PART 165—REGULATED NAVIGATION
AREAS AND LIMITED ACCESS AREAS
1. The authority citation for part 165
continues to read as follows:
Authority: 46 U.S.C. 70034, 70051; 33 CFR
1.05–1, 6.04–1, 6.04–6, and 160.5;
Department of Homeland Security Delegation
No. 00170.1, Revision No. 01.2.
2. Add § 165.T05–0021 to read as
follows:
§ 165.T05–0021 Safety Zone; Potomac
River, Between Charles County, MD and
King George County, VA.
(a) Location. The following area is a
safety zone: All navigable waters of the
Potomac River, encompassed by a line
connecting the following points
beginning at 38°2150.96N,
076°5922.04W, thence south to
38°2143.08N, 076°5920.55W, thence
west to 38°2141.00N, 076°5934.90
W, thence north to 38°2148.90N,
076°5936.80W, and east back to the
beginning point, located between
Charles County, MD and King George
County, VA. These coordinates are
based on datum NAD 83.
(b) Definitions. As used in this
section—
Captain of the Port (COTP) means the
Commander, U.S. Coast Guard Sector
Maryland-National Capital Region.
Designated representative means any
Coast Guard commissioned, warrant, or
petty officer, including a Coast Guard
coxswain, petty officer, or other officer
operating a Coast Guard vessel and a
Federal, State, and local officer
designated by or assisting the Captain of
the Port Maryland-National Capital
Region (COTP) in the enforcement of the
safety zone.
Marine equipment means any vessel,
barge or other equipment operated by
Skanska-Corman-McLean, Joint Venture,
or its subcontractors.
(c) Regulations. (1) Under the general
safety zone regulations in subpart C of
this part, except for marine equipment,
you may not enter the safety zone
described in paragraph (a) of this
section unless authorized by the COTP
or the COTP’s designated representative.
(2) To seek permission to enter,
contact the COTP or the COTP’s
representative by telephone number
410–576–2693 or on Marine Band Radio
VHF–FM channel 16 (156.8 MHz).
Those in the safety zone must comply
with all lawful orders or directions
given to them by the COTP or the
COTP’s designated representative.
(d) Enforcement officials. The U.S.
Coast Guard may be assisted in the
patrol and enforcement of the safety
zone by Federal, State, and local
agencies.
(e) Enforcement period. The section
will be enforced from 8 p.m. on January
15, 2022, through 8 p.m. on January 22,
2022.
Dated: January 10, 2022.
David E. O’Connell,
Captain, U.S. Coast Guard, Captain of the
Port Sector Maryland-National Capital
Region.
[FR Doc. 2022–00705 Filed 1–13–22; 8:45 am]
BILLING CODE 9110–04–P
GENERAL SERVICES
ADMINISTRATION
41 CFR Part 105–70
[FPMR Case 2022–01; Docket No. GSA–
FPMR–2022–0004; Sequence No. 1]
RIN 3090–AK53
Program Fraud Civil Remedies Act of
1986, Civil Monetary Penalties Inflation
Adjustment
AGENCY
: Office of the General Counsel,
General Services Administration.
ACTION
: Final rule.
SUMMARY
: In accordance with the
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996 and further amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvement Act of
2015, this final rule incorporates the
penalty inflation adjustments for the
civil monetary penalties set forth in the
United States Code, as codified in our
regulations.
DATES
: Effective February 14, 2022.
FOR FURTHER INFORMATION CONTACT
: Mr.
Aaron Pound, Assistant General
Counsel, General Law Division (LG),
General Services Administration, 1800 F
Street NW, Washington, DC 20405.
Telephone Number 202–501–1460.
SUPPLEMENTARY INFORMATION
:
I. The Debt Collection Improvement Act
of 1996
To maintain the remedial impact of
civil monetary penalties (CMPs) and to
promote compliance with the law, the
Federal Civil Penalties Inflation
Adjustment Act of 1990 (Pub. L. 101–
410) was amended by the Debt
Collection Improvement Act of 1996
(Pub. L. 104–134) to require Federal
agencies to regularly adjust certain
CMPs for inflation and further amended
by the Federal Civil Penalties Inflation
Adjustment Act Improvement Act of
2015 (Sec. 701 of Pub. L. 114–74). As
amended, the law requires each agency
to make an initial inflationary
adjustment for all applicable CMPs, and
to make further adjustments at least
once every year thereafter for these
penalty amounts. The Debt Collection
Improvement Act of 1996 further
stipulates that any resulting increases in
a CMP due to the calculated inflation
adjustments shall apply only to
violations which occur after the date the
increase takes effect, i.e., thirty (30) days
after date of publication in the Federal
Register. Pursuant to the 2015 Act,
agencies are required to adjust the level
of the CMP with an initial ‘‘catch up’’,
and make subsequent annual
adjustments for inflation. Catch up
adjustments are based on the percent
change between the Consumer Price
Index for Urban Consumers (CPI–U) for
the month of October for the year of the
previous adjustment, and the October
2015 CPI–U. Annual inflation
adjustments will be based on the
percent change between the October
CPI–U preceding the date of adjustment
and the prior year’s October CPI–U.
II. The Program Fraud Civil Remedies
Act of 1986
In 1986, sections 6103 and 6104 of the
Omnibus Budget Reconciliation Act of
1986 (Pub. L. 99–501) set forth the
Program Fraud Civil Remedies Act of
1986 (PFCRA). Specifically, this statute
imposes a CMP and an assessment
against any person who, with
knowledge or reason to know, makes,
submits, or presents a false, fictitious, or
fraudulent claim or statement to the
Government. The General Services
Administration’s regulations, published
in the Federal Register (61 FR 246,
December 20, 1996) and codified at 41
CFR part 105–70, set forth a CMP of up
to $10,781 for each false claim or
statement made to the agency. Based on
the penalty amount inflation factor
calculation, derived from originally
dividing the June 2015 CPI by the June
1996 CPI and making the CPI-based
annual adjustment thereafter, after
rounding we are adjusting the maximum
penalty amount for this CMP to $11,001
per violation.
III. Waiver of Proposed Rulemaking
In developing this final rule, we are
waiving the usual notice of proposed
rulemaking and public comment
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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
1
Office of Management and Budget, M–22–07,
Implementation of Penalty Inflation Adjustments
for 2022, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of
2015, at 1 (Dec. 15, 2021) (M–22–07).
procedures set forth in the
Administrative Procedure Act, 5 U.S.C.
553 (APA). The APA provides an
exception to the notice and comment
procedures when an agency finds there
is good cause for dispensing with such
procedures on the basis that they are
impracticable, unnecessary, or contrary
to the public interest. We have
determined that under 5 U.S.C.
553(b)(3)(B) good cause exists for
dispensing with the notice of proposed
rulemaking and public comment
procedures for this rule. Specifically,
this rulemaking comports and is
consistent with the statutory authority
set forth in the Debt Collection
Improvement Act of 1996, with no
issues of policy discretion. Accordingly,
we believe that opportunity for prior
comment is unnecessary and contrary to
the public interest, and we are issuing
these revised regulations as a final rule
that will apply to all future cases under
this authority.
IV. Executive Orders 12866 and 13563
Executive Orders (E.O.s) 12866 and
13563 direct agencies to assess all costs
and benefits of available regulatory
alternatives and, if regulation is
necessary, to select regulatory
approaches that maximize net benefits
(including potential economic,
environmental, public health and safety
effects, distributive impacts, and
equity). E.O. 13563 emphasizes the
importance of quantifying both costs
and benefits, of reducing costs, of
harmonizing rules, and of promoting
flexibility. This is a not significant
regulatory action and, therefore, was not
subject to review under Section 6(b) of
E.O. 12866, Regulatory Planning and
Review, dated September 30, 1993.
The Office of Management and Budget
(OMB) has reviewed this final rule in
accordance with the provisions of E.O.
12866 and has determined that it does
not meet the criteria for a significant
regulatory action. As indicated above,
the provisions contained in this final
rulemaking set forth the inflation
adjustments in compliance with the
Debt Collection Improvement Act of
1996 for specific applicable CMPs. The
great majority of individuals,
organizations and entities addressed
through these regulations do not engage
in such prohibited conduct, and as a
result, we believe that any aggregate
economic impact of these revised
regulations will be minimal, affecting
only those limited few who may engage
in prohibited conduct in violation of the
statute. As such, this final rule and the
inflation adjustment contained therein
should have no effect on Federal or state
expenditures.
V. Congressional Review Act
This rule is not a major rule under 5
U.S.C. 804(2). Subtitle E of the Small
Business Regulatory Enforcement
Fairness Act of 1996 (codified at 5
U.S.C. 801–808), also known as the
Congressional Review Act or CRA,
generally provides that before a rule
may take effect, the agency
promulgating the rule must submit a
rule report, which includes a copy of
the rule, to each House of the Congress
and to the Comptroller General of the
United States. GSA will submit a report
containing this rule and other required
information to the U.S. Senate, the U.S.
House of Representatives, and the
Comptroller General of the United
States. A major rule under the CRA
cannot take effect until 60 days after it
is published in the Federal Register.
OIRA has determined that this is not a
‘‘major rule’’ as defined by 5 U.S.C.
804(2).
VI. Regulatory Flexibility Act
The Administrator of General Services
certifies that this final rule will not have
a significant economic impact on a
substantial number of small business
entities. While some penalties may have
an impact on small business entities, it
is the nature of the violation and not the
size of the entity that will result in an
action by the agency, and the aggregate
economic impact of this rulemaking on
small business entities should be
minimal, affecting only those few who
have engaged in prohibited conduct in
violation of statutory intent.
VII. Paperwork Reduction Act
This final rule imposes no new
reporting or recordkeeping requirements
necessitating clearance by OMB.
List of Subject in 41 CFR Part 105–70
Administrative hearing, Claims,
Program fraud.
Robin Carnahan,
Administrator.
Accordingly, 41 CFR part 105–70 is
amended as set forth below:
PART 105–70—IMPLEMENTATION OF
THE PROGRAM FRAUD CIVIL
REMEDIES ACT OF 1986
1. The authority citation for part 105–
70 is revised to read as follows:
Authority: 40 U.S.C. 121(c); 31 U.S.C.
3809.
* * * * *
§ 105–70.003 [Amended]
2. Amend § 105–70.003 by—
a. Removing from paragraph (a)(1)(iv)
the amount ‘‘11,400’’ and adding
‘‘12,100’’ in its place; and
b. Removing from paragraph (b)(1)(ii)
the amount ‘‘11,400’’ and adding
‘‘12,100’’ in its place.
[FR Doc. 2022–00732 Filed 1–13–22; 8:45 am]
BILLING CODE 6820–81–P
FEDERAL MARITIME COMMISSION
46 CFR Part 506
[Docket No. 22–02]
RIN 3072–AC89
Inflation Adjustment of Civil Monetary
Penalties
AGENCY
: Federal Maritime Commission.
ACTION
: Final rule.
SUMMARY
: The Federal Maritime
Commission (Commission) is publishing
this final rule to adjust for inflation the
civil monetary penalties assessed or
enforced by the Commission, pursuant
to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (2015 Act). The 2015 Act requires
that agencies adjust and publish their
new civil penalties by January 15 each
year.
DATES
: This rule is effective January 15,
2022.
FOR FURTHER INFORMATION CONTACT
:
William Cody, Secretary; Phone: (202)
523–5725; Email: secretary@fmc.gov.
SUPPLEMENTARY INFORMATION
: This rule
adjusts the civil monetary penalties
assessable by the Commission in
accordance with the 2015 Act, which
became effective on November 2, 2015.
Public Law 114–74, section 701. The
2015 Act further amended the Federal
Civil Penalties Inflation Adjustment Act
of 1990 (FCPIAA), Public Law 101–410,
104 Stat. 890 (codified as amended at 28
U.S.C. 2461 note), in order to improve
the effectiveness of civil monetary
penalties and to maintain their deterrent
effect.
The 2015 Act requires agencies to
adjust civil monetary penalties under
their jurisdiction by January 15 each
year, based on changes in the consumer
price index (CPI–U) for the month of
October in the previous calendar year.
On December 15, 2021, the Office of
Management and Budget published
guidance stating that the CPI–U
multiplier for October 2021 is 1.06222.
1
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