Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations 46599 

§ 117.1 Purpose. 

* * * * * 

(b) * * * 

(3) Prescribes that contractors will 

implement the provisions of this part no 

later than 6 months from February 24, 

2021, with the exception of 

requirements for reporting foreign travel 

to the Department of Defense prescribed 

in SEAD 3 and implemented through 

this rule. Contractors under the security 

cognizance of the Department of 

Defense will begin reporting foreign 

travel to the Department of Defense no 

later than 18 months from February 24, 

2021. 

Dated: August 12, 2021. 

Patricia L. Toppings, 

OSD Federal Register Liaison Officer, 

Department of Defense. 

[FR Doc. 2021–17688 Filed 8–18–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF DEFENSE 

Office of the Secretary 

32 CFR Part 269 

[Docket ID: DOD–2016–OS–0045] 

RIN 0790–AL18 

Civil Monetary Penalty Inflation 

Adjustment 

AGENCY: Office of the Under Secretary of 

Defense (Comptroller), Department of 

Defense. 

ACTION: Final rule. 

SUMMARY: The Department of Defense is 

issuing this final rule to adjust each of 

its statutory civil monetary penalties 

(CMP) to account for inflation. The 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Debt Collection Improvement Act of 

1996 and the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (the 2015 Act), requires the 

head of each agency to adjust for 

inflation its CMP levels in effect as of 

November 2, 2015, under a revised 

methodology that was effective for 2016 

and for each year thereafter. 

DATES: This rule is effective August 19, 

2021. 

FOR FURTHER INFORMATION CONTACT: 

Kellie Allison, 703–614–0410. 

SUPPLEMENTARY INFORMATION: 

Background Information 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990, Public Law 

101–410, 104 Stat. 890 (28 U.S.C. 2461, 

note), as amended by the Debt 

Collection Improvement Act of 1996, 

Public Law 104–134, April 26, 1996, 

and further amended by the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015 (the 2015 

Act), Public Law 114–74, November 2, 

2015, required agencies to annually 

adjust the level of CMPs for inflation to 

improve their effectiveness and 

maintain their deterrent effect. The 2015 

Act required that not later than July 1, 

2016, and not later than January 15 of 

every year thereafter, the head of each 

agency must adjust each CMP within its 

jurisdiction by the inflation adjustment 

described in the 2015 Act. The inflation 

adjustment is determined by increasing 

the maximum CMP or the range of 

minimum and maximum CMPs, as 

applicable, for each CMP by the cost-ofliving adjustment, rounded to the 

nearest multiple of $1. The cost-ofliving adjustment is the percentage (if 

any) for each CMP by which the 

Consumer Price Index (CPI) for the 

month of October preceding the date of 

the adjustment, exceeds the CPI for the 

month of October in the previous 

calendar year. 

The initial catch up adjustments for 

inflation to the Department of Defense’s 

CMPs were published as an interim 

final rule in the Federal Register on 

May 26, 2016 (81 FR 33389–33391) and 

became effective on that date. The 

interim final rule was published as a 

final rule without change on September 

12, 2016 (81 FR 62629–62631), effective 

that date. The revised methodology for 

agencies for 2017 and each year 

thereafter provides for the improvement 

of the effectiveness of CMPs and to 

maintain their deterrent effect. The 

Department of Defense is adjusting the 

level of all civil monetary penalties 

under its jurisdiction by the Office of 

Management and Budget (OMB) 

directed cost-of-living adjustment 

multiplier for 2021 of 1.01182 

prescribed in OMB Memorandum M– 

21–10, ‘‘Implementation of Penalty 

Inflation Adjustments for 2021, 

Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015,’’ dated December 16, 2019. 

The Department of Defense’s 2021 

adjustments for inflation to CMPs apply 

only to those CMPs, including those 

whose associated violation predated 

such adjustment, which are assessed by 

the Department of Defense after the 

effective date of the new CMP level. 

Statement of Authority and Costs and 

Benefits 

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

good cause to issue this rule without 

prior public notice or opportunity for 

public comment because it would be 

impracticable and unnecessary. The 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Section 701(b)) requires agencies, 

effective 2017, to make annual 

adjustments for inflation to CMPs 

notwithstanding section 553 of title 5, 

United States Code. Additionally, the 

methodology used, effective 2017, for 

adjusting CMPs for inflation is 

established in statute, with no 

discretion provided to agencies 

regarding the substance of the 

adjustments for inflation to CMPs. The 

Department of Defense is charged only 

with performing ministerial 

computations to determine the dollar 

amount of adjustments for inflation to 

CMPs. 

Further, there are no significant costs 

associated with the regulatory revisions 

that would impose any mandates on the 

Department of Defense, Federal, State or 

local governments, or the private sector. 

Accordingly, prior public notice and an 

opportunity for public comment are not 

required for this rule. The benefit of this 

rule is the Department of Defense 

anticipates that civil monetary penalty 

collections may increase in the future 

due to new penalty authorities and 

other changes in this rule. However, it 

is difficult to accurately predict the 

extent of any increase, if any, due to a 

variety of factors, such as budget and 

staff resources, the number and quality 

of civil penalty referrals or leads, and 

the length of time needed to investigate 

and resolve a case. 

Regulatory Procedures 

Executive Order 12866, ‘‘Regulatory 

Planning and Review’’ and Executive 

Order 13563, ‘‘Improving Regulation 

and Regulatory Review’’ 

Executive Orders 13563 and 12866 

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, distribute impacts, and equity). 

Executive Order 13563 emphasizes the 

importance of quantifying both costs 

and benefits, of reducing costs, of 

harmonizing rules, and of promoting 

flexibility. This rule is not a ‘‘significant 

regulatory action,’’ and was not 

reviewed by the Office of Management 

and Budget. 

Unfunded Mandates Reform Act (2 

U.S.C. Chapter 25) 

Section 202 of the Unfunded 

Mandates Reform Act of 1995 (UMRA) 

(2 U.S.C. 1532) requires agencies to 

assess anticipated costs and benefits 


lotter on DSK11XQN23PROD with RULES1
46600 Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations 

before issuing any rule the mandates of 

which require spending in any year of 

$100 million in 1995 dollars, updated 

annually for inflation. In 2016, that 

threshold is approximately $146 

million. This rule will not mandate any 

requirements for State, local, or tribal 

governments, nor will it affect private 

sector costs. 

Public Law 96–354, ‘‘Regulatory 

Flexibility Act’’ (5 U.S.C. Chapter 6) 

Because notice of proposed 

rulemaking and opportunity for 

comment are not required pursuant to 5 

U.S.C. 553, or any other law, the 

analytical requirements of the 

Regulatory Flexibility Act (5 U.S.C. 601, 

et seq.) are inapplicable. Therefore, a 

regulatory flexibility analysis is not 

required and has not been prepared. 

Public Law 96–511, ‘‘Paperwork 

Reduction Act’’ (44 U.S.C. Chapter 35) 

The Department of Defense 

determined that provisions of the 

Paperwork Reduction Act of 1995, 

Public Law 104–13, 44 U.S.C. Chapter 

35, and its implementing regulations, 5 

CFR part 1320, do not apply to this rule 

because there are no new or revised 

recordkeeping or reporting 

requirements. 

Executive Order 13132, ‘‘Federalism’’ 

Executive Order 13132 establishes 

certain requirements that an agency 

must meet when it promulgates a rule 

that imposes substantial direct 

requirement costs on State and local 

governments, preempts State law, or 

otherwise has Federalism implications. 

This final rule will not have a 

substantial effect on State and local 

governments. 

List of Subjects in 32 CFR Part 269 

Administrative practice and 

procedure, Penalties. 

Accordingly, 32 CFR part 269 is 

amended as follows. 

PART 269—[AMENDED] 

■ 1. The authority citation for 32 CFR 

part 269 continues to read as follows: 

Authority: 28 U.S.C. 2461 note. 

■ 2. In § 269.4, revise paragraph (d) to 

read as follows: 

§ 269.4 Cost of living adjustments of civil 

monetary penalties. 

* * * * * 

(d) Inflation adjustment. Maximum 

civil monetary penalties within the 

jurisdiction of the Department are 

adjusted for inflation as follows: 

TABLE 1 TO PARAGRAPH (d) 

United States code Civil monetary penalty description 

Maximum 

penalty 

amount as 

of 02/21/20 

New 

adjusted 

maximum 

penalty 

amount 

National Defense Authorization Act for FY 

2005, 10 U.S.C. 113, note.

Unauthorized Activities Directed at or Possession of Sunken 

Military Craft.

134,807 136,400 

10 U.S.C. 1094(c)(1) .................................... Unlawful Provision of Health Care ................................................ 11,837 11,977 

10 U.S.C. 1102(k) ........................................ Wrongful Disclosure—Medical Records: 

First Offense .................................................................................. 6,999 7,082 

Subsequent Offense ..................................................................... 46,663 47,214 

10 U.S.C. 2674(c)(2) .................................... Violation of the Pentagon Reservation Operation and Parking of 

Motor Vehicles Rules and Regulations.

1,928 1,951 

31 U.S.C. 3802(a)(1) ................................... Violation Involving False Claim ..................................................... 11,665 11,803 

31 U.S.C. 3802(a)(2) ................................... Violation Involving False Statement .............................................. 11,665 11,803 

42 U.S.C. 1320a–7a(a); 32 CFR 

200.210(a)(1).

False claims .................................................................................. 20,866 21,112.64 

42 U.S.C. 1320a–7a(a); 32 CFR 

200.210(a)(1).

Claims submitted with a false certification of physician license ... 20,866 21,112.64 

42 U.S.C. 1320a–7a(a); 32 CFR 

200.210(a)(2).

Claims presented by excluded party ............................................ 20,866 21,112.64 

42 U.S.C. 1320a–7a(a); 32 CFR 

200.210(a)(2); (b)(2)(ii).

Employing or contracting with an excluded individual .................. 20,866 21,112.64 

42 U.S.C. 1320a–7a(a); 32 CFR 

200.210(a)(1).

Pattern of claims for medically unnecessary services/supplies ... 20,866 21,112.64 

42 U.S.C. 1320a–7a(a); 32 CFR 

200.210(a)(2).

Ordering or prescribing while excluded ........................................ 20,866 21,112.64 

42 U.S.C. 1320a–7a(a); 32 CFR 

200.210(a)(5).

Known retention of an overpayment ............................................. 20,866 21,112.64 

42 U.S.C. 1320a–7a(a); 32 CFR 

200.210(a)(4).

Making or using a false record or statement that is material to a 

false or fraudulent claim.

104,330 105,563.18 

42 U.S.C. 1320a–7a(a); 32 CFR 

200.210(a)(6).

Failure to grant timely access to OIG for audits, investigations, 

evaluations, or other statutory functions of OIG.

31,300 31,669.97 

42 U.S.C. 1320a–7a(a); 32 CFR 

200.210(a)(3).

Making false statements, omissions, misrepresentations in an 

enrollment application.

104,330 105,563.18 

42 U.S.C. 1320a–7a(a); 32 CFR 200.310(a) Unlawfully offering, paying, soliciting, or receiving remuneration 

to induce or in return for the referral of business in violation of 

1128B(b) of the Social Security Act.

104,330 105,563.18 


lotter on DSK11XQN23PROD with RULES1
Federal Register / Vol. 86, No. 158 / Thursday, August 19, 2021 / Rules and Regulations 46601 

Dated: August 12, 2021. 

Aaron T. Siegel, 

Alternate OSD Federal Register Liaison 

Officer, Department of Defense. 

[FR Doc. 2021–17675 Filed 8–18–21; 8:45 am] 

BILLING CODE 5001–06–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket No. USCG–2021–0636] 

Safety Zones; Annual Events in the 

Captain of the Port Buffalo Zone 

AGENCY: Coast Guard, DHS. 

ACTION: Notification of enforcement of 

regulation. 

SUMMARY: The Coast Guard will enforce 

a safety zone located in federal 

regulations for the annual D-Day 

Conneaut event. This action is necessary 

and intended for the safety of life and 

property on navigable waters during this 

event. During each enforcement period, 

no person or vessel may enter the safety 

zone without the permission of the 

Captain of the Port Buffalo. 

DATES: The regulations in 33 CFR Table 

165.939(c)(2) will be enforced from 1:15 

p.m. through 6 p.m. each day from 

August 19, 2021, through August 21, 

2021. 

FOR FURTHER INFORMATION CONTACT: If 

you have questions about this notice of 

enforcement, call or email MST2 Natalie 

Smith, Waterways Management 

Division, U.S. Coast Guard Marine 

Safety Unit Cleveland; telephone 216– 

937–6004, email D09-SMBMSUCLEVELAND-WWM@uscg.mil. 

SUPPLEMENTARY INFORMATION: The Coast 

Guard will enforce the safety zone listed 

in 33 CFR Table 165.939(c)(2) for D-Day 

Conneaut, each day from 1:15 p.m. 

through 6 p.m. from August 19, 2021, 

through August 21, 2021. This action is 

being taken to provide for the safety of 

life on navigable waterways during this 

multi-day event. 

Pursuant to 33 CFR 165.23, entry into, 

transiting, or anchoring within the 

safety zone during an enforcement 

period is prohibited unless authorized 

by the Captain of the Port Buffalo or a 

designated representative. Those 

seeking permission to enter the safety 

zone may request permission from the 

Captain of Port Buffalo via channel 16, 

VHF–FM. Vessels and persons granted 

permission to enter the safety zone shall 

obey the directions of the Captain of the 

Port Buffalo or her designated 

representative. While within a safety 

zone, all vessels shall operate at the 

minimum speed necessary to maintain a 

safe course. In addition to this 

notification of enforcement in the 

Federal Register, the Coast Guard plans 

to provide notification of this 

enforcement period via the Local Notice 

to Mariners and marine information 

broadcasts. 

Dated: August 9, 2021. 

Lexia M. Littlejohn, 

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

Port Buffalo. 

[FR Doc. 2021–17788 Filed 8–18–21; 8:45 am] 

BILLING CODE 9110–04–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Coast Guard 

33 CFR Part 165 

[Docket Number USCG–2021–0519] 

RIN 1625–AA00 

Safety Zone; SML Bridge Repairs, 

Portsmouth, NH 

AGENCY: Coast Guard, DHS. 

ACTION: Temporary final rule. 

SUMMARY: The Coast Guard is 

establishing a temporary safety zone for 

certain navigable waters on the 

Piscataqua River in Portsmouth, New 

Hampshire. The safety zone is needed to 

protect personnel, vessels, and the 

marine environment from potential 

hazards created by cross-channel repair 

work on the submarine cables and 

removal of concrete cable mats on the 

Sarah Mildred Long Bridge in 

Portsmouth, NH. Entry of vessels or 

persons into this zone is prohibited 

unless specifically authorized by the 

Captain of the Port Northern New 

England (COTP) or a Designated 

Representative. 

DATES: This rule is effective without 

actual notice from August 19, 2021, 

through October 31, 2021. For the 

purposes of enforcement, actual notice 

will be used from September 1, 2021, 

until August 19, 2021. 

ADDRESSES: To view documents 

mentioned in this preamble as being 

available in the docket, go to https://

www.regulations.gov, type USCG–2021– 

0519 in the search box and click 

‘‘Search.’’ Next, in the Document Type 

column, select ‘‘Supporting & Related 

Material.’’ 

FOR FURTHER INFORMATION CONTACT: If 

you have questions on this rule, call or 

email LT Shaun Doyle, Sector Northern 

New England Waterways Management 

Division, U.S. Coast Guard; telephone 

207–347–5015, email Shaun.T.Doyle@

uscg.mil. 

SUPPLEMENTARY INFORMATION: 

I. Table of Abbreviations 

CFR Code of Federal Regulations 

COTP Captain of the Port Northern New 

England 

DHS Department of Homeland Security 

FR Federal Register 

NPRM Notice of proposed rulemaking 

§ Section 

U.S.C. United States Code 

II. Background Information and 

Regulatory History 

The Coast Guard is issuing this 

temporary rule without prior notice and 

opportunity to comment pursuant to 

authority under section 4(a) of the 

Administrative Procedure Act (APA) (5 

U.S.C. 553(b)). This provision 

authorizes an agency to issue a rule 

without prior notice and opportunity to 

comment when the agency for good 

cause finds that those procedures are 

‘‘impracticable, unnecessary, or contrary 

to the public interest.’’ Under 5 U.S.C. 

553(b)(B), the Coast Guard finds that 

good cause exists for not publishing a 

notice of proposed rulemaking (NPRM) 

with respect to this rule because we 

must establish the temporary safety 

zone by September 1, 2021, for this 

unscheduled critical repair work and 

insufficient time exists to execute the 

full NPRM process. Additionally, 

delaying the effective date of this rule 

would be contrary to the public interest 

as it is necessary to establish this safety 

zone to protect personnel and vessels 

from hazards associated with submarine 

cable repairs and concrete mat removal 

on the Sarah Mildred Long Bridge. 

Under 5 U.S.C. 553(d)(3), the Coast 

Guard finds that good cause exists for 

making this rule effective less than 30 

days after publication in the Federal 

Register. Delaying the effective date of 

this rule would be impracticable 

because immediate action is needed to 

respond to the potential safety hazards 

associated with submarine cable repairs 

and concrete mat removal on the Sarah 

Mildred Long Bridge. 

III. Legal Authority and Need for Rule 

The Coast Guard is issuing this rule 

under authority in 46 U.S.C. 70034 

(previously 33 U.S.C. 1231). The 

Captain of the Port Northern New 

England (COTP) has determined that 

potential hazards associated with 

submarine cable repairs and concrete 

mat removal starting September 1, 2021, 

will be a safety concern for anyone 

within a 100-yard radius of crane barges 


lotter on DSK11XQN23PROD with RULES1