40816 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / 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: 33 U.S.C. 1231; 50 U.S.C. 191; 

33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; 

Department of Homeland Security Delegation 

No. 0170.1. 

■ 2. Add § 165.T01–1123 to read as 

follows: 

§ 165.T01–1123 Safety Zone; Pleasure 

Beach Bridge, Bridgeport, CT. 

(a) Location. The following area is a 

safety zone: All navigable waters of the 

entrance channel to Johnsons Creek in 

the vicinity of Pleasure Beach Bridge, 

Bridgeport, CT bound inside an area 

that starts at a point on land at position 

41–10.2N, 073–10.7W and then cast 

along the shoreline to a point on land 

at position 41–9.57N, 073–9.54W and 

then south across the channel to a point 

on land at position 41–9.52N, 073– 

9.58W and then west along the 

shoreline to a point on land at position 

41–9.52N, 073–10.5W and then north 

across the channel back to the point of 

origin. 

(b) Enforcement period. This rule will 

be enforced from 12:01 a.m. on January 

1, 2016 to 12:01 a.m. on July 1, 2016. 

(c) Definitions. The following 

definitions apply to this section: A 

‘‘designated representative’’ is any Coast 

Guard commissioned, warrant or petty 

officer of the U.S. Coast Guard who has 

been designated by the COTP, Sector 

Long Island Sound, to act on his or her 

behalf. The designated representative 

may be on an official patrol vessel or 

may be on shore and will communicate 

with vessels via VHF–FM radio or loud 

hailer. ‘‘Official patrol vessels’’ may 

consist of any Coast Guard, Coast Guard 

Auxiliary, state, or local law 

enforcement vessels assigned or 

approved by the COTP Sector Long 

Island Sound. In addition, members of 

the Coast Guard Auxiliary may be 

present to inform vessel operators of 

this regulation. 

(d) Regulations. (l) The general 

regulations contained in § 165.23 apply. 

(2) In accordance with the general 

regulations in § 165.23, entry into or 

movement within this zone is 

prohibited unless authorized by the 

Captain of the Port, Long Island Sound. 

(3) Operators of vessels desiring to 

enter or operate within the safety zone 

should contact the COTP Sector Long 

Island Sound at 203–468–4401 (Sector 

LIS command center) or the designated 

representative via VHF channel 16 to 

obtain permission to do so. 

(4) Any vessel given permission to 

enter or operate in the safety zone must 

comply with all directions given to 

them by the COTP Sector Long Island 

Sound, or the designated on-scene 

representative. 

(5) Upon being hailed by a U.S. Coast 

Guard vessel by siren, radio, flashing 

light or other means, the operator of the 

vessel shall proceed as directed. 

Dated: December 30, 2015. 

E.J. Cubanski, III, 

Captain, U.S. Coast Guard, Captain of the 

Port Sector Long Island Sound. 

Editorial note: This document was 

received for publication by the Office of 

Federal Register on June 20, 2016. 

[FR Doc. 2016–14908 Filed 6–22–16; 8:45 am] 

BILLING CODE 9110–04–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 52 and 81 

[EPA–R04–OAR–2016–0018; FRL–9948–02– 

Region 4] 

Air Plan Approval and Air Quality 

Designation; TN; Redesignation of the 

Shelby County 2008 8-Hour Ozone 

Nonattainment Area to Attainment 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: On January 19, 2016, the State 

of Tennessee, through the Tennessee 

Department of Environment and 

Conservation (TDEC), Air Pollution 

Control Division, submitted a request 

for the Environmental Protection 

Agency (EPA) to redesignate the portion 

of Tennessee that is within the 

Memphis, Tennessee-MississippiArkansas (Memphis, TN-MS-AR) 2008 

8-hour ozone nonattainment area 

(hereafter referred to as the ‘‘Memphis, 

TN-MS-AR Area’’ or ‘‘Area’’) and a 

related State Implementation Plan (SIP) 

revision containing a maintenance plan 

and base year inventory for the Area. 

EPA is taking the following separate 

final actions related to the January 19, 

2016, redesignation request and SIP 

revision: Approving the base year 

emissions inventory for the Area into 

the SIP; determining that the Memphis, 

TN-MS-AR Area is attaining the 2008 8- 

hour ozone National Ambient Air 

Quality Standards (NAAQS); approving 

the State’s plan for maintaining 

attainment of the 2008 8-hour ozone 

NAAQS in the Area, including the 

motor vehicle emissions budgets 

(MVEBs) for nitrogen oxides (NOX) and 

volatile organic compounds (VOCs) for 

the year 2027 for the Tennessee portion 

of the Area, into the SIP; and 

redesignating the Tennessee portion of 

the Area to attainment for the 2008 8- 

hour ozone NAAQS. Additionally, EPA 

finds the MVEBs for the Tennessee 

portion of the Area adequate for the 

purposes of transportation conformity. 

DATES: This rule will be effective July 

25, 2016. 

ADDRESSES: EPA has established a 

docket for this action under Docket 

Identification No. EPA–R04–OAR– 

2016–0018. All documents in the docket 

are listed on the www.regulations.gov 

Web site. Although listed in the index, 

some information may not be publicly 

available, i.e., Confidential Business 

Information or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available either electronically through 

www.regulations.gov or in hard copy at 

the Air Regulatory Management Section, 

Air Planning and Implementation 

Branch, Air, Pesticides and Toxics 

Management Division, U.S. 

Environmental Protection Agency, 

Region 4, 61 Forsyth Street SW., 

Atlanta, Georgia 30303–8960. EPA 

requests that if at all possible, you 

contact the person listed in the FOR

FURTHER INFORMATION CONTACT section to 

schedule your inspection. The Regional 

Office’s official hours of business are 

Monday through Friday 8:30 a.m. to 

4:30 p.m., excluding Federal holidays. 

FOR FURTHER INFORMATION CONTACT: Jane 

Spann, Air Regulatory Management 

Section, Air Planning and 

Implementation Branch, Pesticides and 

Toxics Management Division, Region 4, 

U.S. Environmental Protection Agency, 

61 Forsyth Street SW., Atlanta, Georgia 

30303–8960. Ms. Spann can be reached 

by phone at (404) 562–9029 or via 

electronic mail at spann.jane@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

On May 21, 2012, EPA designated 

areas as unclassifiable/attainment or 

nonattainment for the 2008 8-hour 

ozone NAAQS that was promulgated on 

March 27, 2008. See 77 FR 30088. The 

Memphis, TN-MS-AR Area was 

designated nonattainment for the 2008 


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 40817 

1This rule, entitled Implementation of the 2008 

National Ambient Air Quality Standards for Ozone: 

State Implementation Plan Requirements and 

published at 80 FR 12264 (March 6, 2015), 

addresses a range of nonattainment area SIP 

requirements for the 2008 ozone NAAQS, including 

requirements pertaining to attainment 

demonstrations, reasonable further progress (RFP), 

reasonably available control technology (RACT), 

reasonably available control measures (RACM), 

major new source review (NSR), emission 

inventories, and the timing of SIP submissions and 

of compliance with emission control measures in 

the SIP. This rule also addresses the revocation of 

the 1997 ozone NAAQS and the anti-backsliding 

requirements that apply when the 1997 ozone 

NAAQS are revoked. 

2The Tennessee Department of Environment and 

Conservation Air Pollution Control Board adopted 

the SIP revision containing the maintenance plan 

on January 13, 2016. 

3As discussed in the NPRM, the safety margin is 

the difference between the attainment level of 

emissions (from all sources) and the projected level 

of emissions (from all sources) in the maintenance 

plan. Tennessee chose to allocate a portion of the 

available safety margin to the NOX and VOC MVEBs 

for 2027. TDEC has allocated 49.04 tpd of the NOX

safety margin to the 2027 NOX MVEB and 13.19 tpd 

of the VOC safety margin to the 2027 VOC MVEB. 

8-hour ozone NAAQS on May 21, 2012 

(effective July 20, 2012) using 2008– 

2010 ambient air quality data. See 77 FR 

30088. The Memphis, TN-MS-AR Area 

consists of a portion of DeSoto County 

in Mississippi, all of Shelby County in 

Tennessee, and all of Crittenden County 

in Arkansas. At the time of designation, 

the Memphis, TN-MS-AR Area was 

classified as a marginal nonattainment 

area for the 2008 8-hour ozone NAAQS. 

In the final implementation rule for the 

2008 8-hour ozone NAAQS (SIP 

Implementation Rule),1 EPA established 

ozone nonattainment area attainment 

dates based on Table 1 of section 181(a) 

of the Clean Air Act (CAA or Act). This 

established an attainment date three 

years after the July 20, 2012, effective 

date for areas classified as marginal 

areas for the 2008 8-hour ozone 

nonattainment designations. Therefore, 

the Memphis, TN-MS-AR Area’s 

attainment date is July 20, 2015. 

Based on the 2008 8-hour ozone 

nonattainment designation for the 

Memphis, TN-MS-AR Area, Tennessee 

was required to develop a 

nonattainment SIP revision addressing 

certain Clean Air Act (CAA or Act) 

requirements. Specifically, pursuant to 

CAA section 182(a)(3)(B) and section 

182(a)(1), the state was required to 

submit a SIP revision addressing 

emissions statements and base year 

emissions inventory requirements, 

respectively, for its portion of the Area. 

EPA approved the emissions statements 

requirements for the Tennessee portion 

of the Area into the SIP in a final action 

published on March 5, 2015. See 80 FR 

11974. 

On January 19, 2016, TDEC requested 

that EPA redesignate Tennessee’s 

portion of the Memphis, TN-MS-AR 

Area to attainment for the 2008 8-hour 

ozone NAAQS, and submitted a SIP 

revision containing a section 182(a)(1) 

base year emissions inventory and the 

State’s plan for maintaining attainment 

of the 2008 8-hour ozone standard in the 

Area, including the MVEBs for NOX and 

VOC for the year 2027 for the Tennessee 

portion of the Area.2 In a notice of 

proposed rulemaking (NPRM) published 

on April 19, 2016, EPA proposed to: (1) 

Approve and incorporate the base year 

emissions inventory into the SIP as 

meeting the requirements of section 

182(a)(1); (2) determine that the 

Memphis, TN-MS-AR Area is attaining 

the 2008 8-hour ozone NAAQS; (3) 

approve and incorporate into the 

Tennessee SIP the State’s plan for 

maintaining attainment of the 2008 8- 

hour ozone standard in the Area, 

including the 2027 MVEBs for NOX and 

VOC for Tennessee’s portion of 

Memphis, TN-MS-AR Area; and (4) 

redesignate the Tennessee portion of the 

Area to attainment for the 2008 8-hour 

ozone NAAQS. See 81 FR 22948. In that 

notice, EPA also notified the public of 

the status of the Agency’s adequacy 

determination for the NOX and VOC 

MVEBs for Tennessee’s portion of 

Memphis, TN-MS-AR Area. No 

comments were received on the April 

19, 2016, proposed rulemaking. The 

details of Tennessee’s submittal and the 

rationale for EPA’s actions are further 

explained in the NPRM. See 81 FR 

22948 (April 19, 2016). 

II. What are the effects of these actions? 

Approval of Tennessee’s 

redesignation request changes the legal 

designation of Shelby County in the 

Memphis, TN-MS-AR Area, found at 40 

CFR 81.325, from nonattainment to 

attainment for the 2008 8-hour ozone 

NAAQS. Approval of Tennessee’s 

associated SIP revision also incorporates 

a section 182(a)(1) base year emissions 

inventory and a plan into the SIP for 

maintaining the 2008 8-hour ozone 

NAAQS in the Tennessee portion of the 

Area through 2027. The maintenance 

plan establishes NOX and VOC MVEBs 

for 2027 for the Shelby County, 

Tennessee and includes contingency 

measures to remedy any future 

violations of the 2008 8-hour ozone 

NAAQS and procedures for evaluating 

potential violations. The MVEBs for the 

Tennessee portion of the Memphis, TNMS-AR Area, along with the allocations 

from the safety margin, are provided in 

the table below.3

MVEBS FOR THE TENNESSEE PORTION

OF THE MEMPHIS, TN-MS-AR AREA

[tpd] 

2027 

NOX VOC 

On-Road Emissions .......... 12.51 5.81 

Safety Margin Allocated to 

MVEBs .......................... 49.04 13.19 

Conformity MVEBs ........... 61.56 19.01 

III. Final Action 

EPA is taking a number of final 

actions regarding Tennessee’s January 

19, 2016, request to redesignate the 

Tennessee portion of the Memphis, TNMS-AR Area to attainment and 

associated SIP revision. First, EPA is 

approving and incorporating 

Tennessee’s section 182(a)(1) base year 

emissions inventory for the Tennessee 

portion of the Area into the SIP. 

Second, EPA is determining that the 

Memphis, TN-MS-AR Area is attaining 

the 2008 8-hour ozone NAAQS. 

Third, EPA is approving and 

incorporating the maintenance plan for 

the Tennessee portion of the Memphis, 

TN-MS-AR Area, including the NOX and 

VOC MVEBs for 2027, into the 

Tennessee SIP. The maintenance plan 

demonstrates that the Area will 

continue to maintain the 2008 8-hour 

ozone NAAQS through 2027. 

Fourth, EPA is determining that 

Tennessee has met the criteria under 

CAA section 107(d)(3)(E) for 

redesignation of the State’s portion of 

the Memphis, TN-MS-AR Area from 

nonattainment to attainment for the 

2008 8-hour ozone NAAQS. On this 

basis, EPA is approving Tennessee’s 

redesignation request. As mentioned 

above, approval of the redesignation 

request changes the official designation 

of Shelby County, Tennessee for the 

2008 8-hour ozone NAAQS from 

nonattainment to attainment, as found 

at 40 CFR part 81. 

EPA is also notifying the public that 

EPA finds the newly-established NOX

and VOC MVEBs for the Tennessee 

portion of the Memphis, TN-MS-AR 

Area adequate for the purpose of 

transportation conformity. Within 24 

months from this final rule, the 

transportation partners will need to 

demonstrate conformity to the new NOX

and VOC MVEBs pursuant to 40 CFR 

93.104(e)(3). 

IV. Statutory and Executive Order 

Reviews 

Under the CAA, redesignation of an 

area to attainment and the 

accompanying approval of a 

maintenance plan under section 


asabaliauskas on DSK3SPTVN1PROD with RULES
40818 Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 

107(d)(3)(E) are actions that affect the 

status of a geographical area and do not 

impose any additional regulatory 

requirements on sources beyond those 

imposed by state law. A redesignation to 

attainment does not in and of itself 

create any new requirements, but rather 

results in the applicability of 

requirements contained in the CAA for 

areas that have been redesignated to 

attainment. Moreover, the Administrator 

is required to approve a SIP submission 

that complies with the provisions of the 

Act and applicable federal regulations. 

See 42 U.S.C. 7410(k); 40 CFR 52.02(a). 

Thus, in reviewing SIP submissions, 

EPA’s role is to approve state choices, 

provided that they meet the criteria of 

the CAA. Accordingly, these actions 

merely approve state law as meeting 

federal requirements and do not impose 

additional requirements beyond those 

imposed by state law. For this reason, 

these actions: 

• Are not significant regulatory 

actions subject to review by the Office 

of Management and Budget under 

Executive Orders 12866 (58 FR 51735, 

October 4, 1993) and 13563 (76 FR 3821, 

January 21, 2011); 

• do not impose an information 

collection burden under the provisions 

of the Paperwork Reduction Act (44 

U.S.C. 3501 et seq.); 

• are certified as not having a 

significant economic impact on a 

substantial number of small entities 

under the Regulatory Flexibility Act (5 

U.S.C. 601 et seq.); 

• do not contain any unfunded 

mandate or significantly or uniquely 

affect small governments, as described 

in the Unfunded Mandates Reform Act 

of 1995 (Pub. L. 104–4); 

• do not have Federalism 

implications as specified in Executive 

Order 13132 (64 FR 43255, August 10, 

1999); 

• are not economically significant 

regulatory actions based on health or 

safety risks subject to Executive Order 

13045 (62 FR 19885, April 23, 1997); 

• are not significant regulatory 

actions subject to Executive Order 

13211 (66 FR 28355, May 22, 2001); 

• are not subject to requirements of 

Section 12(d) of the National 

Technology Transfer and Advancement 

Act of 1995 (15 U.S.C. 272 note) because 

application of those requirements would 

be inconsistent with the CAA; and 

• will not have disproportionate 

human health or environmental effects 

under Executive Order 12898 (59 FR 

7629, February 16, 1994). 

The SIP is not approved to apply on 

any Indian reservation land or in any 

other area where EPA or an Indian tribe 

has demonstrated that a tribe has 

jurisdiction. In those areas of Indian 

country, the rule does not have tribal 

implications as specified by Executive 

Order 13175 (65 FR 67249, November 9, 

2000), nor will it impose substantial 

direct costs on tribal governments or 

preempt tribal law. 

The Congressional Review Act, 5 

U.S.C. 801 et seq., as added by the Small 

Business Regulatory Enforcement 

Fairness Act of 1996, 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. EPA will submit a 

report containing this action and other 

required information to the U.S. Senate, 

the U.S. House of Representatives, and 

the Comptroller General of the United 

States prior to publication of the rule in 

the Federal Register. A major rule 

cannot take effect until 60 days after it 

is published in the Federal Register. 

These actions are not a ‘‘major rule’’ as 

defined by 5 U.S.C. 804(2). 

Under section 307(b)(1) of the CAA, 

petitions for judicial review of these 

actions must be filed in the United 

States Court of Appeals for the 

appropriate circuit by August 22, 2016. 

Filing a petition for reconsideration by 

the Administrator of this final rule does 

not affect the finality of these actions for 

the purposes of judicial review nor does 

it extend the time within which a 

petition for judicial review may be filed, 

and shall not postpone the effectiveness 

of such rule or action. These actions 

may not be challenged later in 

proceedings to enforce their 

requirements. See section 307(b)(2). 

List of Subjects 

40 CFR Part 52 

Environmental protection, Air 

pollution control, Incorporation by 

reference, Intergovernmental relations, 

Nitrogen dioxide, Ozone, Reporting and 

recordkeeping requirements, Volatile 

organic compounds. 

40 CFR Part 81 

Environmental protection, Air 

pollution control. 

Dated: June 10, 2016. 

Heather McTeer Toney, 

Regional Administrator, Region 4. 

40 CFR parts 52 and 81 is amended 

as follows: 

PART 52—APPROVAL AND 

PROMULGATION OF 

IMPLEMENTATION PLANS 

■ 1. The authority citation for part 52 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart RR—Tennessee 

■ 2. Section 52.2220(e) is amended by 

adding entries for ‘‘2008 8-hour Ozone 

Maintenance Plan for the Memphis TNMS-AR Area’’ and ‘‘2008 8-hour Ozone 

Emissions Inventory for the Memphis 

TN-MS-AR Area’’ at the end of the table 

to read as follows: 

§ 52.2220 Identification of plan. 

* * * * * 

(e) * * * 

EPA APPROVED TENNESSEE NON-REGULATORY PROVISIONS

Name of non-regulatory SIP provision Applicable geographic 

or nonattainment area 

State effective 

date EPA approval date Explanation 

*******

2008 8-hour Ozone Maintenance Plan for the Memphis 

TN-MS-AR Area.

Shelby County ........... 01/13/2016 6/23/2016 [Insert citation of 

publication].

2008 8-hour Ozone Emissions Inventory for the Memphis TN-MS-AR Area.Shelby County ........... 01/13/2016 6/23/2016 [Insert citation of 

publication].


asabaliauskas on DSK3SPTVN1PROD with RULES
Federal Register / Vol. 81, No. 121 / Thursday, June 23, 2016 / Rules and Regulations 40819 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 3. The authority citation for part 81 

continues to read as follows: 

Authority: 42 U.S.C. 7401, et seq. 

■ 4. In § 81.343, the table entitled 

‘‘Tennessee—2008 8-Hour Ozone 

NAAQS (Primary and secondary)’’ is 

amended under ‘‘Memphis, TN-MSAR:’’ by revising the entry for ‘‘Shelby 

County’’ to read as follows: 

§ 81.343 Tennessee. 

* * * * * 

TENNESSEE—2008 8-HOUR OZONE NAAQS 

[Primary and secondary] 

Designated area 

Designation Classification 

Date 1 Type Date 1 Type 

*******

Memphis, TN-MS-AR: 2

Shelby County ................................................................................................ 6/23/2016 Attainment.

* * * * * * * 

1This date is July 20, 2012, unless otherwise noted. 

2Excludes Indian country located in each area, unless otherwise noted. 

* * * * * 

[FR Doc. 2016–14807 Filed 6–22–16; 8:45 am] 

BILLING CODE 6560–50–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 1230 and 2554 

RIN 3045–AA65 

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) is 

updating its regulations to reflect 

required 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 August 1, 2016. 

Comment due date: Technical 

comments may be submitted until July 

25, 2016. 

ADDRESSES: You may send your 

comments electronically through the 

Federal government’s one-stop 

rulemaking Web site at 

www.regulations.gov. Also, you may 

mail or deliver your comments to 

Phyllis Green, Executive Assistant, 

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 comments 

to be submitted online electronically. 

The TDD/TTY number is 800–833– 

3722. You may request this notice in an 

alternative format for the visually 

impaired. 

FOR FURTHER INFORMATION CONTACT: 

Phyllis Green, Executive Assistant, 

Office of General Counsel, at 202–606– 

6709 or email to pgreen@cns.gov. 

Individuals who use a 

telecommunications device for the deaf 

(TTY–TDD) may call 800–833–3722 

between 8:00 a.m. and 8:00 p.m. Eastern 

Time, Monday through Friday. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Corporation for National and 

Community Service (CNCS) is a federal 

agency that engages more than five 

million Americans in service through its 

AmeriCorps, Senior Corps, Social 

Innovation Fund, and Volunteer 

Generation Fund programs, and leads 

the President’s national call to service 

initiative, United We Serve. For more 

information, visit NationalService.gov. 

On November 2, 2015, the President 

signed into law the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Sec. 701 of 

Pub. L. 114–74) (the ‘‘Act’’) to improve 

the effectiveness of civil monetary 

penalties and to maintain the deterrent 

effect of such penalties. The Act 

requires agencies to make a ‘‘catch-up’’ 

adjustment to the level of civil monetary 

penalties through an interim final 

rulemaking and to adjust the civil 

monetary penalties for inflation 

annually. 

II. Method of Calculation 

CNCS identified two civil monetary 

penalties in its regulations and 

calculated the catch-up adjustments as 

specified in the February 24, 2016, OMB 

Memorandum of the Heads of Executive 

Departments and Agencies, M–16–06, 

Implementation of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015. 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. 

CNCS 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). 

In 1989, Congress established civil 

monetary penalties related to 

Restrictions on Lobbying (Section 319, 

Pub. L. 101–121; 31 U.S.C. 1352) 

ranging from $10,000 to $100,000. The 

multiplier for 1989 is 1.89361. Thus, the 

new range of possible civil monetary 

penalties is from $18,936 to $189,361. 

The Program Fraud Civil Remedies 

Act of 1986 (Pub. L. 99–509) established 

a civil monetary penalty with an upper 

limit of $5,000. The multiplier for 1986 

is 2.15628. Thus, the new upper limit of 

the civil monetary penalty is $10,781. 


asabaliauskas on DSK3SPTVN1PROD with RULES