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 costof-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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 46 / Thursday, March 11, 2021 / Rules and Regulations 13823 

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. 

TABLE 1—SUMMARY OF COMMON POOL CATCH THROUGH JANUARY 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. 

TABLE 2—PREVIOUS FISHING YEAR 2020 POSSESSION AND TRIP LIMITS

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. 


khammond on DSKJM1Z7X2PROD with RULES