3038 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

practice and procedure and/or 

interpretive rules and do not require 

notice-and-comment rulemaking. See 

Perez v. Mortg. Bankers Ass’n, 135 S.Ct. 

1199, 1204 (2015) (explaining that 

interpretive rules ‘‘advise the public of 

the agency’s construction of the statutes 

and rules which it administers’’ and do 

not require notice-and-comment 

rulemaking when issued or amended); 

Cooper Techs. Co. v. Dudas, 536 F.3d 

1330, 1336–37 (Fed. Cir. 2008) (stating 

that 5 U.S.C. 553, and thus 35 U.S.C. 

2(b)(2)(B), do not require notice-and 

comment rulemaking for ‘‘interpretative 

rules, general statements of policy, or 

rules of agency organization, procedure, 

or practice’’); and JEM Broadcasting Co. 

v. F.C.C., 22 F.3d 320, 328 (D.C. Cir. 

1994) (explaining that rules are not 

legislative because they do not 

‘‘foreclose effective opportunity to make 

one’s case on the merits’’). 

Moreover, the Director of the USPTO, 

pursuant to authority at 5 U.S.C. 

553(b)(B) and (d)(1), finds good cause to 

adopt the changes in this final rule 

without prior notice and an opportunity 

for public comment or a 30-day delay in 

effectiveness, as such procedures would 

be unnecessary, impracticable, and 

contrary to the public interest. As 

discussed above, the changes in this 

rulemaking involve corrections of errors 

in the final rule published on November 

18, 2024, (which itself underwent notice 

and comment rulemaking and a 30-day 

delay in effective date) that provide 

clarity and without imposing any new 

requirements. The corrections will 

provide clarity and address potential 

confusion that could result if these 

errors are not corrected prior to the 

effective date of the November 18, 2024, 

final rule. Therefore, good cause exists 

to dispense with the requirement for 

prior notice and an opportunity for 

public comment and a 30-day delay in 

effectiveness. 

Correction 

In FR Doc. 2024–26644 appearing on 

page 91062 in the Federal Register of 

Monday, November 18, 2024, at 89 FR 

91062, the following corrections are 

made: 

■ 1. On page 91069, in the second 

column, the 6th, 8th, and 9th bullets are 

corrected to read as follows: 

• One or more bases for filing that 

satisfy all the requirements of §§ 2.34, 

2.44, or 2.45, as applicable. If more than 

one basis is set forth, the applicant must 

comply with the requirements of 

§§ 2.34, 2.44, or 2.45 for each asserted 

basis, as applicable; 

* * * * * 

• A filing fee for each class of goods 

and/or services, as required by 

§ 2.6(a)(1)(iii); 

• A verified statement that meets the 

requirements of §§ 2.33, 2.44, or 2.45, as 

applicable, dated and signed by a 

person properly authorized to sign on 

behalf of the owner pursuant to 

§ 2.193(e)(1); 

■ 2. On page 91090, in the third column, 

in amendatory instruction 3, in § 2.22, 

paragraphs (a)(6), (8), and (9) are 

corrected to read as follows: 

§ 2.22 [Corrected] 

(a) * * * 

(6) One or more bases for filing that 

satisfy all the requirements of §§ 2.34, 

2.44, or 2.45, as applicable. If more than 

one basis is set forth, the applicant must 

comply with the requirements of 

§§ 2.34, 2.44, or 2.45 for each asserted 

basis, as applicable; 

* * * * * 

(8) A filing fee for each class of goods 

and/or services, as required by 

§ 2.6(a)(1)(iii); 

(9) A verified statement that meets the 

requirements of § 2.33, § 2.44, or § 2.45, 

as applicable, dated and signed by a 

person properly authorized to sign on 

behalf of the owner pursuant to 

§ 2.193(e)(1); 

* * * * * 

Derrick L. Brent, 

Acting Under Secretary of Commerce for 

Intellectual Property and Acting Director of 

the United States Patent and Trademark 

Office. 

[FR Doc. 2025–00274 Filed 1–13–25; 8:45 am] 

BILLING CODE 3510–16–P 

CORPORATION FOR NATIONAL AND 

COMMUNITY SERVICE 

45 CFR Parts 1230 and 2554 

RIN 3045–AA93 

Annual Civil Monetary Penalties 

Inflation Adjustment 

AGENCY: Corporation for National and 

Community Service. 

ACTION: Final rule. 

SUMMARY: The Corporation for National 

and Community Service, which operates 

as AmeriCorps, 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 14, 

2025. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Appel, Office of General 

Counsel, at eappel@americorps.gov or 

202–967–6065. 

SUPPLEMENTARY INFORMATION: 

I. Background 

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 some of 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. This 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 17, 2024, OMB Memo for 

the Heads of Executive Departments and 

Agencies, M–25–02, Implementation of 

Penalty Inflation Adjustments for 2025, 

Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015. The cost-of-living 

adjustment multiplier for 2025, based 

on the CPI–U for the month of October 

2024, not seasonally adjusted, is 

1.02598. 

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): 


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Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 3039 

• The civil monetary penalties related 

to Restrictions on Lobbying (45 CFR 

1230.400) range from $24,497 to 

$244,957. Using the 2025 multiplier, the 

new range of possible civil monetary 

penalties is from $25,133 to $251,321. 

• The Program Fraud Civil Remedies 

Act of 1986 (45 CFR 2554.1) civil 

monetary penalty has an upper limit of 

$13,946. Using the 2025 multiplier, the 

new upper limit of the civil monetary 

penalty is $14,308. 

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 ‘‘$24,497 to $244,957’’ to 

‘‘$25,133 to $251,321’’. The civil 

monetary penalties for the Program 

Fraud Civil Remedies Act of 1986 

increase from ‘‘up to $13,946’’ to ‘‘up to 

$14,308’’. 

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, a delayed 

effective date 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. 

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 

‘‘$24,497’’ and ‘‘$244,957’’ wherever 

they appear and adding in their places 

‘‘$25,133’’ and ‘‘$251,321’’, respectively. 

Appendix A to Part 1230 [Amended] 

■ 3. Amend appendix A to part 1230 by 

removing ‘‘$24,497’’ and ‘‘$244,957’’ 

wherever they appear and adding in 

their places ‘‘$25,133’’ and ‘‘$251,321’’, 

respectively. 

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 ‘‘$13,946’’ and adding in its 

place ‘‘$14,308’’. 

Andrea Grill, 

Acting General Counsel. 

[FR Doc. 2025–00635 Filed 1–13–25; 8:45 am] 

BILLING CODE 6050–28–P 

FEDERAL MARITIME COMMISSION 

46 CFR Part 506 

[Docket No. FMC–2024–0024] 

RIN 3072–AD03 

Inflation Adjustment of Civil Monetary 

Penalties 

AGENCY: Federal Maritime Commission. 

ACTION: Final rule. 

SUMMARY: The Federal Maritime 

Commission (Commission) is publishing 

this final rule to adjust for inflation the 

civil monetary penalties assessed or 

enforced by the Commission, 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 

new civil penalties by January 15 each 

year. 

DATES: This rule is effective January 15, 

2025. 

FOR FURTHER INFORMATION CONTACT: 

David Eng, Secretary; Phone: (202) 523– 

5725; Email: Secretary@fmc.gov. 

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. 

Public Law 114–74, section 701. The 

2015 Act further amended the Federal 


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