Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Rules and Regulations 6143 

PART 950—SOLICITATION OF 

FEDERAL CIVILIAN AND UNIFORMED 

SERVICE PERSONNEL FOR 

CONTRIBUTIONS TO PRIVATE 

VOLUNTARY ORGANIZATIONS 

■ 1. The authority citation for part 950 

continues to read as follows: 

Authority: E.O. 12353 (March 23, 1982), 47 

FR 12785 (March 25, 1982). 3 CFR, 1982 

Comp., p. 139. E.O. 12404 (February 10, 

1983), 48 FR 6685 (February 15, 1983), Pub. 

L. 100–202, and Pub. L. 102–393 (5 U.S.C. 

1101 Note). 

■ 2. Amend § 950.203 to revise 

paragraph (a)(1) to read as follows: 

§ 950.203 Public accountability standards. 

(a) * * * 

(1) Certify that the organization is a 

human health and welfare organization 

providing services, benefits, or 

assistance to, or conducting activities 

affecting, human health and welfare. 

The organization’s application must 

provide documentation describing the 

health and human welfare benefits 

provided by the organization within the 

previous year. 

* * * * * 

[FR Doc. E7–2160 Filed 2–8–07; 8:45 am] 

BILLING CODE 6325–46–P 

DEPARTMENT OF HOMELAND 

SECURITY 

Office of the Secretary 

6 CFR Part 13 

[DHS–2005–0059] 

RIN 1601–AA11 

Program Fraud Civil Remedies 

AGENCY: Office of the Secretary, DHS. 

ACTION: Final rule. 

SUMMARY: This final rule adopts, 

without change, the Program Fraud 

Civil Penalties interim rule published 

by the Department of Homeland 

Security (DHS) on October 12, 2005. 

This rule finalizes uniform 

administrative procedures for DHS to 

implement the Program Fraud Civil 

Remedies Act of 1986 (the Act). 

DATES: The interim rule is adopted as 

final as of March 12, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Michael Russell, Acting Deputy 

Associate General Counsel, Division of 

General Law, Office of the General 

Counsel, Department of Homeland 

Security, Washington, DC 20528. 

Telephone: 202–205–4634 or facsimile: 

202–772–9735, not toll free calls; or email: michael.d.russell@dhs.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Program Fraud Civil Remedies 

Act of 1986, codified at 31 U.S.C. 3801–

3812 and adjusted in accordance with 

the Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101–

410), as amended by the Debt Collection 

Improvement Act of 1996 (Pub. L. 104–

134), establishes an administrative 

remedy against anyone who makes a 

false Claim or written Statement to any 

of certain Federal agencies, including 

DHS. In brief, any person who submits 

a Claim or written Statement to an 

affected agency knowing or having 

reason to know that it is false, fictitious, 

or fraudulent, is liable for a penalty of 

up to $5,500 per false Claim or 

Statement and, in addition, with respect 

to Claims, for an assessment of up to 

double the amount falsely Claimed. The 

Act requires each affected Federal 

agency to publish rules and regulations 

necessary to implement the provisions 

of the Act. 31 U.S.C. 3809. 

The interim rule, published on 

October 12, 2005, at 70 FR 59209, 

contains procedures governing the 

imposition of civil penalties and 

assessments against persons who make, 

submit, or present, or cause to be made, 

submitted, or presented, false, fictitious, 

or fraudulent Claims or written 

Statements to DHS or any of its 

components. The final rule adopts those 

regulations as final. 

II. Comment on the Interim Rule 

DHS solicited public comments on 

the interim rule and the comment 

period closed on November 15, 2005. 

DHS received one comment. The 

commenter expressed concern that the 

penalty of $5,500 per false Claim or 

Statement is far too low, because, the 

commenter asserted, the cost to the 

government for fraud exceeds this 

amount. The Act being implemented 

here limits the penalty and DHS is not 

authorized to exceed those limitations. 

The commenter also expressed concerns 

about how the government gives out 

money generally; these comments were 

beyond the scope of the rulemaking 

because the rule is limited to 

implementing the Program Fraud and 

Civil Remedies Act of 1986, and did not 

address government grant programs 

generally, or individual eligibility 

issues. 

III. Regulatory Analyses 

Executive Order 12866 

This final rule is considered by DHS 

to be a ‘‘significant regulatory action’’

under Executive Order 12866, section 

3(f), Regulatory Planning and Review. 

58 FR 51735, October 4, 1993 (Executive 

Order). Under Executive Order 12866 a 

significant regulatory action is subject to 

an Office of Management and Budget 

(OMB) review and to the requirements 

of the Executive Order. The Executive 

Order defines ‘‘significant regulatory 

action’’ as one that is likely to result in 

a rule that may: (1) Have an annual 

effect on the economy of $ 100 million 

or more or adversely affect in a material 

way the economy, a sector of the 

economy, productivity, competition, 

jobs, the environment, public health or 

safety, or State, local, or tribal 

governments or communities; (2) Create 

a serious inconsistency or otherwise 

interfere with an action taken or 

planned by another agency; (3) 

Materially alter the budgetary impact of 

entitlements, grants, user fees, or loan 

programs or the rights or obligations of 

recipients thereof; (4) Raise novel legal 

or policy issues arising out of legal 

mandates, the President’s priorities, or 

the principles set forth in the Executive 

Order. As discussed in the interim rule, 

because this rule announces procedures 

for a unique and relatively new cabinetlevel department, and because DHS 

engages in uncommon relief and 

assistance efforts such as those 

following Hurricane Katrina, this rule 

may raise novel policy issues. 70 FR 

59209, 59211 (Oct. 12, 2005). 

Accordingly, the rule was reviewed by 

the Office of Management and Budget. 

Regulatory Flexibility Act 

The Regulatory Flexibility Act (RFA) 

mandates that an agency conduct an 

RFA analysis when an agency is 

‘‘required by section 553 * * *, or any 

other law, to publish general notice of 

proposed rulemaking for any proposed 

rule, or publishes a notice of proposed 

rulemaking for interpretative rule 

involving the internal revenue laws of 

the United States * * *.’’ 5 U.S.C. 

603(a). RFA analysis is not required 

when a rule is exempt from notice and 

comment rulemaking under 5 U.S.C. 

553(b). DHS determined that good cause 

existed under 5 U.S.C. 553(b)(B) to 

exempt this rule from the notice and 

comment requirements of 5 U.S.C. 

553(b). See 70 FR 59209, 59210 (Oct. 12, 

2005). Therefore, no RFA analysis under 

5 U.S.C. 603 is required for this rule. 


hsrobinson on PROD1PC76 with RULES
6144 Federal Register / Vol. 72, No. 27 / Friday, February 9, 2007 / Rules and Regulations 

Unfunded Mandates Reform Act of 1995 

The Unfunded Mandates Reform Act 

of 1995 (UMRA) (2 U.S.C. 1531–1538) 

requires Federal agencies to assess the 

effects of their discretionary regulatory 

actions. In particular, UMRA 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 or more 

in any one year. UMRA analysis is not 

required when a rule is exempt from 

notice and comment rulemaking under 

5 U.S.C. 553(b). DHS determined that 

good cause existed under 5 U.S.C. 

553(b)(B) to exempt this rule from the 

notice and comment requirements of 5 

U.S.C. 553(b). See 70 FR 59209, 59210 

(Oct. 12, 2005). Therefore, no UMRA 

analysis is required for this rule. 

Nevertheless, DHS does not expect this 

rule to result in such an expenditure. 

Executive Order 13132, Federalism 

This final rule will not have 

substantial direct effects 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. It will not 

preempt any state laws. In accordance 

with section 6 of Executive Order 

13132, we determine that this rule will 

not have federalism implications 

sufficient to warrant the preparation of 

a federalism impact statement. 

Executive Order 12988, Civil Justice 

Reform 

This final rule meets the applicable 

standards in section 3(a) and 3(b)(2) of 

Executive Order 12988. 

Paperwork Reduction Act 

This final rule will not require or 

invite any additional record or 

information maintenance, submission, 

or collection for the DHS programs. 

Therefore, this final rule will not invoke 

the requirements of the Paperwork 

Reduction Act, 44 U.S.C. 3501 et seq. 

List of Subjects in 6 CFR Part 13 

Administrative practice and 

procedure, Claims, Fraud, Penalties. 

Authority and Issuance 

Accordingly, for the reasons stated in 

the preamble, and pursuant to my 

authority as Secretary of Homeland 

Security, the interim rule adding 6 CFR 

part 13 that was published at 70 FR 

59209 on October 12, 2005, is adopted 

as a final rule without change. 

Michael Chertoff, 

Secretary. 

[FR Doc. 07–569 Filed 2–8–07; 8:45 am] 

BILLING CODE 4410–10–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

15 CFR Part 902 

50 CFR Part 300 

[Docket No. 050620161–7016–02; I.D. 

061605A] 

RIN 0648–AP61 

South Pacific Tuna Fisheries 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: NMFS revises regulations 

implementing the South Pacific Tuna 

Act of 1988, as amended (SPTA), to 

reflect the changes agreed to in the 

Third Extension of the Treaty on 

Fisheries between the Governments of 

Certain Pacific Island States and the 

Government of the United States of 

America and its annexes, schedules, and 

implementing agreements, as amended 

(Treaty). New provisions under the 

Treaty relate to vessel monitoring 

system (VMS) requirements, vessel 

reporting requirements, area restrictions 

for U.S. purse seine vessels fishing 

under the Treaty, and allowing U.S. 

longline vessels to fish on the high seas 

portion of the Treaty Area. These 

actions are intended to bring the United 

States into compliance with its 

obligations under the Treaty. 

DATES: Effective March 12, 2007. 

ADDRESSES: Copies of the final 

regulatory flexibility analysis (FRFA), 

regulatory impact review, 

environmental assessment, and small 

entity compliance guide that were 

prepared for this final rule may be 

obtained from the Regional 

Administrator, NMFS, Pacific Islands 

Regional Office, 1601 Kapiolani Blvd., 

Suite 1110, Honolulu, HI 96814–4700, 

or by contacting Raymond P. Clarke by 

telephone at 808–944–2200 or by 

facsimile (fax) at 808–973–2941. 

Written comments regarding the 

burden-hour estimates or other aspects 

of the collection-of-information 

requirements contained in this final rule 

may be submitted to NMFS, Pacific 

Islands Regional Office, and by e-mail to 

David_Rostker@omb.eop.gov, or fax to 

202–395–7285. 

FOR FURTHER INFORMATION CONTACT: 

Raymond P. Clarke, 808–944–2200. 

SUPPLEMENTARY INFORMATION: 

Background 

On August 10, 2006, NMFS published 

a proposed rule (71 FR 45752) that 

would revise regulations at 50 CFR part 

300, subpart D, in order to implement, 

under the authority of the SPTA (16 

U.S.C. 973 et seq.), certain changes 

recently agreed to in the Treaty. The 

proposed rule was open to public 

comment through October 10, 2006. 

The objective of this final rule is to 

fulfill the commitments of the United 

States to implement the amendments 

made in the Third Extension of the 

Treaty, which was agreed to in 2002 and 

expires June 14, 2013, as well as 

subsequent technical modifications 

made in the seventeenth annual formal 

consultation of the parties to the Treaty 

in March 2005. 

This final rule implements four 

modifications to the Treaty, as 

summarized below. References to the 

term ‘‘FFA’’ mean the Pacific Islands 

Forum Fisheries Agency, in its capacity 

of Treaty Administrator on behalf of the 

Pacific Island parties to the Treaty. In 

addition to revising the regulations to 

implement these Treaty modifications, 

the regulations are revised to explicitly 

include the details of certain 

requirements that were until now 

incorporated only by reference to the 

Treaty and its annexes. 

(1) Modifications to vessel reporting 

requirements: The purse seine vessel 

reporting requirements have been 

modified such that: times must be 

reported in Universal Coordinated Time 

(also known as UTC) rather than 

Greenwich Mean Time (or GMT); 

catches must be reported in metric tons 

(rather than short tons); the weekly 

vessel report to the FFA, known as the 

WEEK report, is eliminated; the weekly 

reports to national authorities continue 

but are amended to indicate whether or 

not an observer is on board the vessel; 

the report for entry into port for 

unloading must be submitted at least 24 

hours prior to (rather than any time 

prior to) the vessel’s arrival into port; 

and the vessel operator is required to 

report the estimated date and time of 

arrival and the estimated date of 

departure from port in the report for 

port departure and the report entry into 

port for unloading, as appropriate. 

(2) Modifications to Closed and 

Limited Areas: Papua New Guinea’s 


hsrobinson on PROD1PC76 with RULES