3928 Federal Register / Vol. 88, No. 14 / Monday, January 23, 2023 / Rules and Regulations 

and the Regional Small Business 

Regulatory Fairness Boards. The 

Ombudsman evaluates these actions 

annually and rates each agency’s 

responsiveness to small business. If you 

wish to comment on actions by 

employees of the Coast Guard, call 1– 

888–REG–FAIR (1–888–734–3247). The 

Coast Guard will not retaliate against 

small entities that question or complain 

about this rule or any policy or action 

of the Coast Guard. 

C. Collection of Information 

This rule will not call for a new 

collection of information under the 

Paperwork Reduction Act of 1995 (44 

U.S.C. 3501–3520). 

D. Federalism and Indian Tribal 

Governments 

A rule has implications for federalism 

under Executive Order 13132, 

Federalism, if it has a substantial direct 

effect on the States, on the relationship 

between the National Government and 

the States, or on the distribution of 

power and responsibilities among the 

various levels of government. We have 

analyzed this rule under that Order and 

have determined that it is consistent 

with the fundamental federalism 

principles and preemption requirements 

described in Executive Order 13132. 

Also, this rule does not have tribal 

implications under Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments, 

because it does not have a substantial 

direct effect on one or more Indian 

tribes, on the relationship between the 

Federal Government and Indian tribes, 

or on the distribution of power and 

responsibilities between the Federal 

Government and Indian tribes. If you 

believe this rule has implications for 

federalism or Indian tribes, please call 

or email the person listed in the FOR

FURTHER INFORMATION CONTACT section 

above. 

E. Unfunded Mandates Reform Act 

The Unfunded Mandates Reform Act 

of 1995 (2 U.S.C. 1531–1538) requires 

Federal agencies to assess the effects of 

their discretionary regulatory actions. In 

particular, the Act addresses actions 

that may result in the expenditure by a 

State, local, or tribal government, in the 

aggregate, or by the private sector of 

$100,000,000 (adjusted for inflation) or 

more in any one year. Though this rule 

will not result in such an expenditure, 

we do discuss the effects of this rule 

elsewhere in this preamble. 

F. Environment 

We have analyzed this rule under 

Department of Homeland Safety 

Directive 023–01, Rev. 1, associated 

implementing instructions, and 

Environmental Planning COMDTINST 

5090.1 (series), which guide the Coast 

Guard in complying with the National 

Environmental Policy Act of 1969 (42 

U.S.C. 4321–4370f), and have 

determined that this action is one of a 

category of actions that do not 

individually or cumulatively have a 

significant effect on the human 

environment. This rule involves a 

temporary, moving safety zone on 

waters of the Cooper River, Charleston 

Harbor, and Atlantic Ocean at the 

Charleston Harbor Entrance and 

Approach, within a 100-yard radius of 

the vessel USNS Gordon and all towing 

vessels supporting its operations until 

the vessel proceeds seaward of the 

Charleston Harbor Entrance Channel 

Buoy #6. This zone is not expected to 

last more than eight hours. It is 

categorically excluded from further 

review under paragraph L60(a) of 

Appendix A, Table 1 of DHS Instruction 

Manual 023–01–001–01, Rev. 1. A 

Record of Environmental Consideration 

supporting this determination is 

available in the docket. For instructions 

on locating the docket, see the 

ADDRESSES section of this preamble. 

G. Protest Activities 

The Coast Guard respects the First 

Amendment rights of protesters. 

Protesters are asked to call or email the 

person listed in the FOR FURTHER

INFORMATION CONTACT section to 

coordinate protest activities so that your 

message can be received without 

jeopardizing the safety or security of 

people, places or vessels. 

List of Subjects in 33 CFR Part 165 

Harbors, Marine safety, Navigation 

(water), Reporting and recordkeeping 

requirements, Safety 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, 160.5; and 

Department of Homeland Safety Delegation 

No. 00170.1, Revision No. 01.2. 

■ 2. Add § 165.T07–0039 to read as 

follows: 

§ 165.T07–0039 Safety Zone; Charleston 

Harbor, Charleston, SC 

(a) Location. The following is a safety 

zone: The moving safety zone will 

include all navigable waters of the 

Cooper River, Charleston Harbor, and 

the Atlantic Ocean at the Charleston 

Harbor Entrance and Approach, within 

a 100-yard radius of the vessel USNS 

Gordon and all towing vessels 

supporting its operations, while 

transiting outbound until the vessel 

proceeds seaward of the Charleston 

Harbor Entrance Channel Buoy #6. 

(b) Definition. The term ‘‘designated 

representative’’ means Coast Guard 

Patrol Commanders, including Coast 

Guard coxswains, petty officers, and 

other officers operating Coast Guard 

vessels, and Federal, state, and local 

officers designated by or assisting the 

Captain of the Port (COTP) in the 

enforcement of the safety zone. 

(c) Regulations. (1) No person or 

vessel will be permitted to enter, transit, 

anchor, or remain within the safety zone 

described in paragraph (a) of this 

section unless authorized by the COTP 

Charleston or a designated 

representative. If authorization is 

granted, persons and/or vessels 

receiving such authorization must 

comply with the instructions of the 

COTP Charleston or designated 

representative. 

(2) Persons who must notify or 

request authorization from the COTP 

Charleston may do so by telephone at 

(843) 740–7050, or may contact a 

designated representative via VHF radio 

on channel 16. 

(d) Effective and enforcement period. 

This section is effective on January 12, 

through January 24, 2023. The moving 

zone will be enforced while USNS 

Gordon and all towing vessels 

supporting its operations are transiting, 

until seaward of the Charleston Harbor 

Entrance Channel Buoy #6. 

Dated: January 11, 2023. 

John D. Cole, 

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

Port Charleston. 

[FR Doc. 2023–01125 Filed 1–20–23; 8:45 am] 

BILLING CODE 9110–04–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 1230 and 2554 

RIN 3045–AA86 

Annual Civil Monetary Penalties 

Inflation Adjustment 

AGENCY: Corporation for National and 

Community Service. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 88, No. 14 / Monday, January 23, 2023 / Rules and Regulations 3929 

ACTION: 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 

under the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (Act) and Office of 

Management and Budget (OMB) 

guidance. 

DATES: This rule is effective January 23, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Kiara Rhodes, Office of General 

Counsel, at PublicComments@cns.gov or 

202–937–6965. Individuals who use a 

telecommunications device for the deaf 

(TTY–TDD) may call 800–833–3722 

between 8 a.m. and 8 p.m. Eastern Time, 

Monday through Friday. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Corporation for National and 

Community Service, which operates as 

AmeriCorps, 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. 

AmeriCorps has two civil monetary 

penalties in its regulations. A civil 

monetary penalty under the Act is a 

penalty, fine, or other sanction that: (1) 

is for a specific monetary amount as 

provided by Federal law or has a 

maximum amount provided for by 

Federal law; and (2) is assessed or 

enforced by an agency pursuant to 

Federal law; and (3) is assessed or 

enforced pursuant to an administrative 

proceeding or a civil action in the 

Federal courts. (See 28 U.S.C. 2461 

note). A civil monetary penalty does not 

include a penalty levied for violation of 

a criminal statute, or fees for services, 

licenses, permits, or other regulatory 

review. 

The Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Sec. 701 of Pub. L. 114–74) (the 

‘‘Act’’) requires agencies to adjust their 

civil monetary penalties for inflation 

annually. Today’s rule updates 

AmeriCorps’ two civil penalties for 

inflation. 

II. Method of Calculation 

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. 

See December 15, 2022 OMB Memo for 

the Heads of Executive Departments and 

Agencies, M–23–05, Implementation of 

Penalty Inflation Adjustments for 2023, 

Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015. The cost-of-living 

adjustment multiplier for 2023, based 

on the CPI–U for the month of October 

2022, not seasonally adjusted, is 

1.07745. 

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 (45 CFR 

1230.400) range from $22,022 to 

$220,212. Using the 2023 multiplier, the 

new range of possible civil monetary 

penalties is from $23,728 to $237,267. 

• The Program Fraud Civil Remedies 

Act of 1986 (45 CFR 2554.1) civil 

monetary penalty has an upper limit of 

$12,537. Using the 2023 multiplier, the 

new upper limit of the civil monetary 

penalty is $13,508. 

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 ‘‘$22,022 to $220,212’’ to 

‘‘$23,728 to $237,267.’’ The civil 

monetary penalties for the Program 

Fraud Civil Remedies Act of 1986 

increase from ‘‘up to $12,537’’ to ‘‘up to 

$13,508.’’ 

IV. Regulatory Procedures 

A. Determination of Good Cause for 

Publication Without Notice and 

Comment and With an Immediate 

Effective Date 

Section 553(b) of the Administrative 

Procedure Act (APA) (5 U.S.C. 553) 

provides that, when an agency for good 

cause finds that notice and public 

comment procedures are impracticable, 

unnecessary, or contrary to the public 

interest, then the agency may issue a 

rule without providing notice and an 

opportunity for prior public comment. 

The agency finds that there is good 

cause to except this rule from the public 

notice and comment provisions of the 

APA in this case. Because the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 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 to reflect any views or 

suggestions provided by commenters. 

Accordingly, it would serve no purpose 

to provide an opportunity for public 

comment on this rule prior to 

promulgation. Thus, providing for 

notice and public comment is 

impracticable and unnecessary. 

Additionally, it would not be possible to 

meet the deadlines imposed by the Act 

if we were to first publish a proposed 

rule, allow the public sufficient time to 

submit comments, analyze the 

comments, and publish a final rule. 

Therefore, notice and comment for these 

proscribed updates is impracticable and 

unnecessary. 

Furthermore, the agency finds under 

section 553(d)(3) of the APA that good 

cause exists to make this final rule 

effective immediately upon publication 

in the Federal Register. In the Act, 

Congress expressly required Federal 

agencies to publish annual inflation 

adjustments to civil penalties in the 

Federal Register by January 15 of each 

year, notwithstanding section 553 of the 

APA. Under the statutory framework 

and OMB guidance, the new penalty 

levels take effect immediately upon the 

effective date of the adjustment. The 

statutory deadline does not allow time 

to delay this rule’s effective date beyond 

publication. Moreover, an effective date 

after January 15 would delay 

application of the new penalty levels, 

contrary to Congress’s intent. 

Accordingly, we are issuing the 

annual adjustments as a final rule 

without prior notice or an opportunity 

for comment and with an effective date 

immediately upon publication in the 

Federal Register. 

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. 

List of Subjects 

45 CFR Part 1230 

Government contracts, Grant 

programs, Loan programs, Lobbying, 

Penalties, Reporting and recordkeeping 

requirements. 


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3930 Federal Register / Vol. 88, No. 14 / Monday, January 23, 2023 / Rules and Regulations 

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 removing 

‘‘$22,022’’ wherever it appears and 

adding, in its place, ‘‘$23,728’’, and by 

removing ‘‘$220,212’’ wherever it 

appears and adding, in its place, 

‘‘$237,267’’. 

Appendix A to Part 1230 [Amended] 

■ 3. Amend appendix A to part 1230 by 

removing ‘‘$22,022’’ wherever it appears 

and adding, in its place, ‘‘$23,728’’ and 

removing ‘‘$220,212’’ wherever it 

appears and adding, in its place, 

‘‘$237,267’’. 

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 in paragraph (b) by 

removing ‘‘$12,537’’ and adding, in its 

place, ‘‘$13,508’’. 

Fernando Laguarda, 

General Counsel. 

[FR Doc. 2023–01227 Filed 1–20–23; 8:45 am] 

BILLING CODE 6050–28–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 220223–0054; RTID 0648– 

XC684] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Groundfish in the 

Red King Crab Savings Subarea of the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for groundfish by vessels using 

nonpelagic trawl gear in the Red King 

Crab Savings Subarea of the Bering Sea 

and Aleutian Islands management area 

(BSAI). This action is necessary because 

the State of Alaska, Department of Fish 

and Game did not establish a guideline 

harvest level fishery for red king crab in 

the Bristol Bay area for the 2022/2023 

fishing year. 

DATES: Effective 1200 hours, Alaska 

local time (A.l.t.), January 20, 2023, 

through 2400 hours, A.l.t., December 31, 

2023. 

FOR FURTHER INFORMATION CONTACT: 

Abby Jahn, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

In accordance with 

§ 679.21(e)(3)(ii)(B)(1), the Regional 

Administrator is prohibiting directed 

fishing for groundfish by vessels using 

nonpelagic trawl gear in the Red King 

Crab Saving Subarea of the BSAI. This 

action is necessary because the State of 

Alaska, Department of Fish and Game 

did not establish a guideline harvest 

level fishery for red king crab in the 

Bristol Bay area for the 2022/2023 

fishing year. 

While this closure is effective, the 

maximum retainable amounts at 

§ 679.20(e) and (f) apply at any time 

during a trip. 

Classification 

NMFS issues this action pursuant to 

section 305(d) of the Magnuson-Stevens 

Act. This action is required by 50 CFR 

part 679, which was issued pursuant to 

section 304(b), and is exempt from 

review under Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), there 

is good cause to waive prior notice and 

an opportunity for public comment on 

this action, as notice and comment 

would be impracticable and contrary to 

the public interest, as it would prevent 

NMFS from responding to the most 

recent fisheries data in a timely fashion, 

and would delay the directed fishing 

closure of groundfish by vessels using 

nonpelagic trawl gear in the Red King 

Crab Savings Subarea of the BSAI. 

NMFS was unable to publish a notice 

providing time for public comment 

because the most recent, relevant data 

only became available as of January 17, 

2023. 

The Assistant Administrator for 

Fisheries, NOAA also finds good cause 

to waive the 30-day delay in the 

effective date of this action under 5 

U.S.C. 553(d)(3). This finding is based 

upon the reasons provided above for 

waiver of prior notice and opportunity 

for public comment. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: January 18, 2023. 

Jennifer M. Wallace, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2023–01170 Filed 1–18–23; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 220216–0049; RTID 0648– 

XC691] 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Pollock in Statistical 

Area 610 in the Gulf of Alaska 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting directed 

fishing for pollock in Statistical Area 

610 in the Gulf of Alaska (GOA). This 

action is necessary to prevent exceeding 

the A season allowance of the 2023 total 

allowable catch of pollock for Statistical 

Area 610 in the GOA. 


khammond on DSKJM1Z7X2PROD with RULES