Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 1303 

therefore, is withdrawing the direct final 

rule. EPA will address the comments in 

a subsequent final action based upon 

the proposed rule also published on 

November 14, 2017 (82 FR 52683). EPA 

will not institute a second comment 

period on this action. 

List of Subjects in 40 CFR Part 52 

Environmental protection, Air 

pollution control, Carbon monoxide, 

Incorporation by reference, 

Intergovernmental relations, Lead, 

Nitrogen dioxide, Ozone, Particulate 

matter, Regional haze, Reporting and 

recordkeeping requirements, Sulfur 

oxides, Volatile organic compounds. 

Dated: December 22, 2017. 

Kenneth Moraff, 

Acting Regional Administrator, EPA New 

England. 

■ Accordingly, the amendments to 40 

CFR 52.1520 published on November 

14, 2017 (82 FR 52664) are withdrawn 

effective January 11, 2018. 

[FR Doc. 2018–00288 Filed 1–10–18; 8:45 am] 

BILLING CODE 6560–50–P 

GENERAL SERVICES 

ADMINISTRATION 

41 CFR Part 105–70 

[FPMR Case 2018–101–1; Docket No. 2018– 

0005; Sequence No. 1] 

RIN 3090–AJ92 

Program Fraud Civil Remedies Act of 

1986, Civil Monetary Penalties Inflation 

Adjustment 

AGENCY: Office of 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 12, 2018. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Jessica Hawkins, 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 

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. This 

rule is not a major rule under 5 U.S.C. 

804. 

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 


ethrower on DSK3G9T082PROD with RULES
1304 Federal Register / Vol. 83, No. 8 / Thursday, January 11, 2018 / Rules and Regulations 

1Office of Management and Budget, M–18–03, 

Implementation of Penalty Inflation Adjustments 

for 2018, Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements Act of 

2015, at 1 (Dec. 15, 2017) (M–18–03). 2FCPIAA section 4(b)(2); M–17–11 at 2. 

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. 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. 

VI. 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. 

Dated: January 5, 2018. 

Emily W. Murphy, 

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 ‘‘10,781’’ and adding 

‘‘11,001’’ in its place; and 

■ b. Removing from paragraph (b)(1)(ii) 

the amount ‘‘10,781’’ and adding 

‘‘11,001’’ in its place. 

[FR Doc. 2018–00367 Filed 1–10–18; 8:45 am] 

BILLING CODE 6820–81–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 506 

[Docket No. 18–01] 

RIN 3072–AC70 

Inflation Adjustment of Civil Monetary 

Penalties 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is 

publishing its adjustments to inflation 

annually, 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 civil penalties 

by January 15 each year. 

DATES: This rule is effective on January 

15, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Tyler Wood, General Counsel, Federal 

Maritime Commission, 800 North 

Capitol Street NW, Room 1018, 

Washington, DC 20573, (202) 523–5740. 

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, 

Sec. 701 of Public Law 11–74. 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) using data from 

October in the previous calendar year. 

On December 15, 2017, the Office of 

Management and Budget published 

guidance stating that the CPI–U 

multiplier for October 2017 is 1.02041.1

In order to complete the adjustment for 

January 2018, agencies must multiply 

the most recent civil penalty amounts in 

46 CFR part 506. 

Rulemaking Analyses and Notices 

Notice and Effective Date 

Adjustments under the FCPIAA, as 

amended by the 2015 Act, are not 

subject to the procedural rulemaking 

requirements of the Administrative 

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

including the requirements for prior 

notice, an opportunity for comment, and 

a delay between the issuance of a final 

rule and its effective date.2 As noted 

above, the 2015 Act requires that the 

Commission adjust its civil monetary 

penalties no later than January 15 of 

each year. 

Congressional Review Act 

The rule is not a ‘‘major rule’’ as 

defined by the Congressional Review 

Act, codified at 5 U.S.C. 801 et seq. The 

rule will not result in: (1) An annual 

effect on the economy of $100,000,000 

or more; (2) a major increase in costs or 

prices; or (3) significant adverse effects 

on competition, employment, 

investment, productivity, innovation, or 

the ability of United States-based 

companies to compete with foreignbased companies. 5 U.S.C. 804(2). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(codified as amended at 5 U.S.C. 601– 

612) provides that whenever an agency 

promulgates a final rule after being 

required to publish a notice of proposed 

rulemaking under the APA (5 U.S.C. 

553), the agency must prepare and make 

available a final regulatory flexibility 

analysis (FRFA) describing the impact 

of the rule on small entities. 5 U.S.C. 

604. As indicated above, this final rule 

is not subject to the APA’s notice and 

comment requirements, and the 

Commission is not required to prepare 

an FRFA in conjunction with this final 

rule. 

Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(44 U.S.C. 3501–3521) requires an 

agency to seek and receive approval 

from the Office of Management and 

Budget (OMB) before collecting 

information from the public. 44 U.S.C. 

3507. The agency must submit 

collections of information in rules to 

OMB in conjunction with the 

publication of the notice of proposed 

rulemaking. 5 CFR 1320.11. This final 

rule does not contain any collections of 

information, as defined by 44 U.S.C. 

3502(3) and 5 CFR 1320.3(c). 

Regulation Identifier Number 

The Commission assigns a regulation 

identifier number (RIN) to each 

regulatory action listed in the Unified 

Agenda of Federal Regulatory and 

Deregulatory Actions (Unified Agenda). 

The Regulatory Information Service 

Center publishes the Unified Agenda in 

April and October of each year. You 


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