70902 Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Rules and Regulations 

K. Executive Order 12898: Federal 

Actions To Address Environmental 

Justice in Minority Populations and 

Low-Income Populations 

This action does not provide EPA 

with the discretionary authority to 

address, as appropriate, 

disproportionate human health or 

environmental effects, using practicable 

and legally permissible methods. 

L. Congressional Review Act (CRA) 

This rule is exempt from the CRA 

because it is a rule of particular 

applicability. The rule makes factual 

determinations for specific entities and 

does not directly regulate any entities. 

The determination of failure to attain 

the 2008 ozone NAAQS (and resulting 

reclassification) does not in itself create 

any new requirements beyond what is 

mandated by the CAA. 

M. Judicial Review 

Under section 307(b)(1) of the Clean 

Air Act, petitions for judicial review of 

this action must be filed in the United 

States Court of Appeals for the 

appropriate circuit by February 24, 

2020. Filing a petition for 

reconsideration by the Administrator of 

this final rule does not affect the finality 

of this action 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. This action may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2).) 

List of Subjects in 40 CFR Part 81 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Designations and classifications, 

Greenhouse gases, Intergovernmental 

relations, Lead, Nitrogen dioxide, 

Ozone, Particulate matter, Reporting 

and recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: December 16, 2019. 

Gregory Sopkin, 

Regional Administrator, Region 8. 

For the reasons stated in the 

preamble, the Environmental Protection 

Agency amends 40 CFR part 81 as 

follows: 

PART 81—DESIGNATION OF AREAS 

FOR AIR QUALITY PLANNING 

PURPOSES 

■ 1. The authority citation for part 81 

continues to read as follows: 

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

Subpart C—Section 107 Attainment 

Status Designations 

■ 2. In § 81.306, the table ‘‘Colorado— 

2008 8-Hour Ozone NAAQS (Primary 

and secondary)’’ is amended by revising 

the ‘‘Date’’ and ‘‘Type’’ entries under 

‘‘Classification’’ for ‘‘Denver-BoulderGreeley-Ft. Collins-Loveland, CO:2’’ to 

read as follows: 

§ 81.306 Colorado. 

* * * * * 

COLORADO—2008 8-HOUR OZONE NAAQS 

[Primary and secondary] 

Designation Classification 

Designated Area Date 1 Type Date 1 Type 

Denver-Boulder-Greeley-Ft. Collins-Loveland, CO: 2 .............. ........................ Nonattainment ........................ 1/27/2020. Serious. 

* * * * * * * 

* * * * * 

[FR Doc. 2019–27485 Filed 12–23–19; 8:45 am] 

BILLING CODE 6560–50–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 1230 and 2554 

RIN 3045–AA73 

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) 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 

January 15, 2020. Comment due date: Technical 

comments may be submitted until 

January 27, 2020. 

ADDRESSES: You may submit comments, 

identified by the title of the information 

collection activity, by any of the 

following methods: (1) By mail sent to: Corporation for 

National and Community Service; 

Attention Stephanie Soper; Office of 

General Counsel; 250 E Street SW, 

Washington, DC 20525. (2) By hand delivery or by courier to 

the CNCS mailroom at the address 

above between 9:00 a.m. and 4:00 p.m. 

Eastern Time, Monday through Friday, 

except federal holidays. (3) Electronically through 

www.regulations.gov. Comments submitted in response to 

this Notice will be made available to the 

public through www.regulations.gov. 

For this reason, please do not include in 

your comments information of a 

confidential nature, such as sensitive 

personal information or proprietary 

information. If you send an email 

comment, your email address will be 

automatically captured and included as 

part of the comment that is placed in the 

public docket and made available on the 

internet. Please note that responses to 

this public comment request containing 

any routine notice about the 

confidentiality of the communication 

will be treated as public comments that 

may be made available to the public 

notwithstanding the inclusion of the 

routine notice. 

FOR FURTHER INFORMATION CONTACT: 

Stephanie Soper, Law Office Manager, 

Office of General Counsel, at 202–606– 

6747 or email to ssoper@cns.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Corporation for National and 

Community Service (CNCS) is a federal 

agency that engages millions of 

Americans in service through its 

AmeriCorps, Senior Corps, and 

Volunteer Generation Fund programs to 

further its mission to improve lives, 

strengthen communities, and foster 


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Federal Register / Vol. 84, No. 247 / Thursday, December 26, 2019 / Rules and Regulations 70903 

civic engagement through service and 

volunteering. For more information, 

visit NationalService.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 

CNCS 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 16, 2019, OMB Memo 

for the Heads of Executive Agencies and 

Departments, M–20–05, Implementation 

of Penalty Inflation Adjustments for 

2020, Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015, OMB 

published the multiplier for the 

required annual adjustment. The costof-living adjustment multiplier for 2020, 

based on the CPI–U for the month of 

October 2019, not seasonally adjusted, 

is 1.01764. 

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). 

The civil monetary penalties related 

to Restrictions on Lobbying (Section 

319, Pub. L. 101–121; 31 U.S.C. 1352) 

range from $20,134 to $201,340. Using 

the 2020 multiplier, the new range of 

possible civil monetary penalties is from 

$20,489 to $204,892. 

The Program Fraud Civil Remedies 

Act of 1986 (Pub. L. 99–509) civil 

monetary penalty has an upper limit of 

$11,463. Using the 2020 multiplier, the 

new upper limit of the civil monetary 

penalty is $11,665. 

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 ‘‘$20,134 to $201,340’’ to 

‘‘$20,489 to $204,892.’’ The civil 

monetary penalties for the Program 

Fraud Civil Remedies Act of 1986 

increase from ‘‘up to $11,463’’ to ‘‘up to 

$11,665.’’ 

IV. Regulatory Procedures 

A. Determination of Good Cause for 

Publication Without Notice and 

Comment 

CNCS 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 CNCS is implementing 

a final rule pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015, which 

requires CNCS to update its regulations 

based on a prescribed formula, CNCS 

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 January 27, 2020. 

B. Review Under Procedural Statutes 

and Executive Orders 

CNCS 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 January 15, 2020. 

The adjusted civil penalty amounts 

apply to civil penalties assessed on or 

after January 15, 2020, 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 

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 ‘‘$20,134’’ and adding, in its 

place, ‘‘$20,489’’ each place it appears. 

■ b. In paragraphs (a), (b), and (e), 

removing ‘‘$201,340’’ and adding, in its 

place, ‘‘$204,892’’ each place it appears. 

Appendix A to Part 1230 [Amended] 

■ 3. Amend appendix A to part 1230 by: 

■ a. Removing ‘‘$20,134’’ and adding, in 

its place, ‘‘$20,489’’ each place it 

appears. 

■ b. Removing ‘‘$201,340’’ and adding, 

in its place, ‘‘$204,892’’ 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 

‘‘$11,463’’ in paragraph (b) and adding, 

in its place, ‘‘$11,665.’’ 

Dated: December 18, 2019. 

Timothy Noelker, 

General Counsel. 

[FR Doc. 2019–27669 Filed 12–23–19; 8:45 am] 

BILLING CODE 6050–28–P 


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