Unknown. Interim final rule with request for comments

5,017 words·~23 min read·/register/2016/05/19/2016-11868

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2016-05-19.xml --- 81 97 Thursday, May 19, 2016 Contents Agricultural Research Agricultural Research Service NOTICES Intents to Grant Exclusive Licenses, 31586-31587 2016-11798 2016-11800 2016-11813 Agriculture Agriculture Department See Agricultural Research Service See Forest Service See Rural Housing Service See Rural Utilities Service Army Army Department NOTICES Privacy Act; Systems of Records, 31613-31614 2016-11808 Safety Enviromental Enforcement Bureau of Safety and Environmental Enforcement NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Decommissioning Activities, 31660-31664 2016-11829 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31641-31642 2016-11791 Coast Guard Coast Guard RULES Safety Zones: Sabine River, Orange, TX, 31504-31506 2016-11821 PROPOSED RULES Safety Zones: Allegheny River Mile 44.1 to 45.1, Kittanning, PA, 31563-31565 2016-11822 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Copyright Royalty Board Copyright Royalty Board RULES Recordkeeping for Use of Sound Recordings Under Statutory License, 31506-31511 2016-11746 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31612-31613 2016-11834 Defense Department Defense Department See Army Department See Navy Department PROPOSED RULES Privacy Act; Implementations, 31561-31563 2016-11702 NOTICES Privacy Act; Systems of Records, 31614-31618 2016-11703 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Study of School Climate Transformation Grants, 31619 2016-11783 Energy Department Energy Department See Energy Efficiency and Renewable Energy Office See Energy Information Administration PROPOSED RULES Energy Conservation Program:

Standards for Compressors, 31680-31768 2016-11337 Test Procedures for High-Intensity Discharge Lamps; Withdrawal, 31561 2016-11912 Test Procedures for Uninterruptible Power Supplies, 31542-31560 2016-11205 NOTICES Applications to Export Liquefied Natural Gas: American LNG Marketing, LLC, 31620-31622 2016-11812 Filings of Self-Certification of Coal Capability under the Power Plant and Industrial Fuel Use Act, 31619-31620 2016-11811 Meetings: Secretary of Energy Advisory Board, 31620 2016-11828 Presidential Permit Applications:

Nogales Interconnection Project, 31622 2016-11810 Energy Efficiency Energy Efficiency and Renewable Energy Office NOTICES Meetings: State Energy Advisory Board, 31622-31623 2016-11913 Energy Information Energy Information Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31623-31629 2016-11911 Environmental Protection Environmental Protection Agency RULES Acquisition Regulations: General, Publicizing Contract Actions, Types of Contracts, Bonds and Insurance, Taxes, Contract Financing, Solicitation Provisions and Contract Clauses, 31526-31529 2016-11838 Air Quality State Implementation Plans;

Approvals and Promulgations: Alaska; Updates to Incorporation by Reference and Miscellaneous Revisions, 31511-31513 2016-11626 Arizona; Infrastructure Requirements to Address Interstate Transport for 2008 Ozone NAAQS, 31513-31515 2016-11744 Pesticide Tolerances: Maleic Anhydride; Exemption, 31520-31526 2016-11837 Technical Amendments to Performance Specification 18 and Procedure 6, 31515-31520 2016-10989 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations:

Arizona; Infrastructure Requirements for Nitrogen Dioxide and Sulfur Dioxide, 31571-31577 2016-10985 California; Northern Sonoma County Air Pollution Control District; Stationary Source Permits, 31567-31570 2016-11621 Clean Air Act Grants: South Coast Air Quality Management District; Opportunity for Public Hearing, 31565-31566 2016-11843 Pesticide Petitions Filed for Residues of Pesticide Chemicals in or on Various Commodities, 31581-31585 2016-11835 Technical Amendments to Performance Specification 18 and Procedure 6, 31577-31581 2016-10990 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: National Volatile Organic Compound Emission Standards for Automobile Refinish Coatings, 31629-31630 2016-11839 NESHAP for Clay Ceramics Manufacturing, Glass Manufacturing, and Secondary Nonferrous Metals Processing Area Sources, 31632 2016-11768 NESHAP for Plastic Parts and Products Surface Coating, 31632-31633 2016-11767 NSPS for Pressure Sensitive Tape and Label Surface Coating Operations, 31630-31631 2016-11766 Spill Prevention, Control, and Countermeasure Plans, 31631-31632 2016-11765 Intents to Grant Co-Exclusive Patent Licenses, 31629 2016-11841 Stormwater Management in Response to Climate Change Impacts:

Lessons from Chesapeake Bay and Great Lakes Regions, 31633-31634 2016-11745 Export Import Export-Import Bank NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31634 2016-11784 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Bombardier, Inc. Airplanes, 31492-31500 2016-11427 2016-11457 2016-11682 NOTICES Meetings: RTCA Special Committee 216 (SC-216) Aeronautical Systems Security, 31675 2016-11910 Noise Compatibility Program and Request for Review:

Bob Hope Airport, Burbank, CA, 31675-31676 2016-11814 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31634-31635 2016-11807 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 31635 2016-12006 Federal Reserve Federal Reserve System NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31635-31637 2016-11781 Federal Trade Federal Trade Commission RULES Disclosure Requirements and Prohibitions Concerning Franchising, 31500-31501 2016-11789 NOTICES Proposed Consent Agreements:

American Air Liquide Holdings, Inc.; Analysis to Aid Public Comment, 31637-31641 2016-11763 Fish Fish and Wildlife Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Revealing Opportunities for Local-Level Stakeholder Engagement and Social Science Inquiry in Landscape Conservation Design, 31654-31655 2016-11762 Food and Drug Food and Drug Administration NOTICES Charter Renewals: Blood Products Advisory Committee, 31642-31643 2016-11774 Drug Safety and Risk Management Advisory Committee, 31644-31645 2016-11773 Peripheral and Central Nervous System Drugs Advisory Committee, 31643-31644 2016-11776 Meetings:

Diabetes Outcome Measures Beyond Hemoglobin A1c: Center for Drug Evaluation and Research Public Workshop, 31643 2016-11846 Forest Forest Service NOTICES Environmental Assessments; Availability, etc.: Glacial Ridge National Wildlife Refuge, Polk County, MN, 31655-31656 2016-11803 Environmental Impact Statements; Availability, etc.: Gila National Forest, Quemado Ranger District; NM; Luna Restoration Project, 31587-31588 2016-11801 Meetings: Prince of Wales Resource Advisory Committee, 31588 2016-11797 Siskiyou County Resource Advisory Committee, 31588-31589 2016-11802 Health and Human Health and Human Services Department See Children and Families Administration See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31645-31648 2016-11757 2016-11785 Decisions to Evaluate Petitions to Designate Classes of Employees for Inclusion in the Special Exposure Cohort: Bliss and Laughlin Steel in Buffalo, NY, 31646 2016-11804 Health Resources Health Resources and Services Administration NOTICES Meetings: Advisory Commission on Childhood Vaccines, 31645 2016-11790 Homeland Homeland Security Department See Coast Guard See Secret Service See U.S. Citizenship and Immigration Services Housing Housing and Urban Development Department RULES Equal Employment Opportunity;

Policy, Procedures and Programs; Removal, 31503-31504 2016-11806 PROPOSED RULES Federal Housing Administration: Strengthening the Home Equity Conversion Mortgage Program, 31770-31825 2016-11631 Indian Affairs Indian Affairs Bureau NOTICES Land Acquisitions: Cloverdale Rancheria of Pomo Indians of California, 31656-31659 2016-11756 Interior Interior Department See Bureau of Safety and Environmental Enforcement See Fish and Wildlife Service See Indian Affairs Bureau See National Park Service NOTICES Requests for Nominations:

U.S. Extractive Industries Transparency Initiative Advisory Committee, 31659-31660 2016-11778 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Carbon and Certain Alloy Steel Wire Rod from Mexico, 31592-31594 2016-11858 Labor Department Labor Department See Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Evaluation of Performance Partnership Pilots for Disconnected Youth Program, 31664-31666 2016-11847 Charter Renewals:

Labor Advisory Committee for Trade Negotiations and Trade Policy, 31666 2016-11842 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31666-31667 2016-11777 Library Library of Congress See Copyright Royalty Board National Highway National Highway Traffic Safety Administration NOTICES Petitions for Inconsequential Noncompliance; Approvals: Certain Nonconforming Motor Vehicles are Eligible for Importation, 31676-31677 2016-11793 National Institute National Institute of Standards and Technology NOTICES Meetings:

Information Security and Privacy Advisory Board, 31594 2016-11775 National Institute National Institutes of Health NOTICES Grants of Exclusive Patent Licenses: Development and Commercialization of Adeno-Virus Based Cancer Immunotherapy, 31650-31651 2016-11770 Grants of Exclusive Start-up Option Licenses: Anti-TNF Induced Apoptosis Diagnostic Markers and Therapies, 31652 2016-11769 Meetings: Center for Scientific Review, 31648-31650 2016-11771 2016-11772 National Oceanic National Oceanic and Atmospheric Administration NOTICES Takes of Marine Mammals Incidental to Specified Activities:

Anchor Retrieval Program in the Chukchi and Beaufort Seas, 31594-31612 2016-11799 National Park National Park Service NOTICES National Register of Historic Places: Pending Nominations and Related Actions, 31660 2016-11780 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31668 2016-11787 Meetings: Proposal Review Panel for Computing and Communication Foundations, 31668-31669 2016-11816 Navy Navy Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31618-31619 2016-11809 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Generic Determinations Regarding the Environmental Impacts of Spent Fuel Storage and Disposal when Considering Nuclear Power Reactor License Applications, 31532-31542 2016-11820 NOTICES Regulation of Radium-226 under Military Control and for Coordination on CERCLA Response Actions at U.S. Department of Defense Sites with Radioactive Materials, 31669 2016-11825 Pipeline Pipeline and Hazardous Materials Safety Administration RULES Hazardous Materials:

Carriage of Battery-Powered Electronic Smoking Devices in Passenger Baggage, 31529-31531 2016-11729 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 31670 2016-11758 Postal Service Postal Service NOTICES Product Changes: Priority Mail Negotiated Service Agreement, 31670 2016-11779 Rural Housing Service Rural Housing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31589-31590 2016-11831 2016-11909 Rural Utilities Rural Utilities Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 31590-31592 2016-11832 2016-11833 Secret Secret Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 31652-31653 2016-11827 Securities Securities and Exchange Commission RULES Adoption of Updated EDGAR Filer Manual, 31501-31503 2016-11764 NOTICES Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ Stock Market, LLC; Withdrawal, 31671 2016-11761 New York Stock Exchange, LLC, 31670-31671 2016-11759 NYSE Arca, Inc., 31671-31674 2016-11760 Small Business Small Business Administration RULES Civil Penalties Inflation Adjustments, 31489-31492 2016-11868 State Department State Department NOTICES Meetings:

Advisory Committee on International Law, 31674 2016-11885 Susquehanna Susquehanna River Basin Commission NOTICES Meetings: Susquehanna River Basin Commission, 31674-31675 2016-11751 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Pipeline and Hazardous Materials Safety Administration U.S. Citizenship U.S. Citizenship and Immigration Services NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Application for T Nonimmigrant Status; Application for Immediate Family Member of T-1 Recipient; and Declaration of Law Enforcement Officer for Victim of Trafficking in Persons, 31653-31654 2016-11782 Separate Parts In This Issue Part II Energy Department, 31680-31768 2016-11337 Part III Housing and Urban Development Department, 31770-31825 2016-11631 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 81 97 Thursday, May 19, 2016 Rules and Regulations SMALL BUSINESS ADMINISTRATION 13 CFR Parts 107, 120, 121, 124, 125, 126, 127, 142, and 146 RIN 3245-AG80 Civil Penalties Inflation Adjustments AGENCY: Small Business Administration.

ACTION: Interim final rule with request for comments. SUMMARY: The Small Business Administration

(SBA)is amending its regulations to adjust for inflation the amount of certain civil monetary penalty that is within the jurisdiction of the agency. This adjustment is required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. This rule also makes technical amendments to the regulations governing misrepresentations in SBA contracting programs to add a cross reference to the regulation that contains the applicable penalty amounts for misrepresentations and to correct a citation in the same regulations. Finally, the rule makes a technical amendment to an existing regulation governing small business investment companies to add a cross reference to a new civil penalty provision. DATES: *Effective Date:* This rule is effective on August 1, 2016. *Comment Date:* Comments must be received on or before July 18, 2016. ADDRESSES: You may submit comments, identified by RIN 3245-AG80 by any of the following methods: • *Federal Rulemaking Portal:* *http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail or Hand Delivery/Courier:* Arlene Embrey, 409 Third Street SW., Washington, DC 20416. SBA will post all comments on *http://www.Regulations.gov.* If you wish to submit confidential business information

(CBI)as defined in the User Notice at *http://www.Regulations.gov,* please submit the information to Arlene Embrey, Trial Attorney, 409 Third Street SW., Washington, DC 20416 and highlight the information that you consider to be CBI and explain why you believe this information should be held confidential. SBA will review the information and make a final determination of whether the information will be published or not. FOR FURTHER INFORMATION CONTACT: Arlene Embrey, 202-205-6976, or at *Arlene.embrey@sba.gov.* SUPPLEMENTARY INFORMATION: I. Background On November 2, 2015, the President signed into law the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Inflation Adjustment Improvements Act), Public Law 114-74, 129 Stat. 584. This act amended the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, 104 Stat 890 (the 1990 Inflation Adjustment Act), to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Inflation Adjustment Improvements Act requires agencies to issue an interim final rule

(IFR)to:

(1)Adjust the level of civil monetary penalties with an initial “catch-up” adjustment; and

(2)make subsequent annual adjustments for inflation beginning January 2017. Based on the definition of a “civil monetary penalty” in the 1990 Inflation Adjustment Act, agencies are to make adjustments to the civil penalties that

(i)are for a specific monetary amount as provided by federal law or have a maximum amount provided for by Federal law;

(ii)are assessed or enforced by an agency; and

(iii)are enforced or assessed in an administrative proceeding or a civil action in the Federal courts. SBA has identified the civil penalties SBA is responsible for assessing or enforcing and in this IFR sets forth the initial adjustments to those penalties that fall within the definition of civil monetary penalties. Penalties that are stated as a percentage of an indeterminate amount or as a function of a violation (penalties that encompass actual damages incurred) are not adjusted by this rule. The formula for making this initial adjustment under the 2015 Inflation Adjustment Improvement Act requires agencies to use as a base, the Consumer Price Index for the month of October preceding the adjustment, which in this instance is October 2015. SBA has not previously adjusted any of the penalties discussed in this rule. Therefore, based on this formula and the OMB guidance implementing the inflation adjustment requirements, for each penalty being adjusted in this rule, SBA identified the year and corresponding amounts for which the maximum penalty level or range was last established or adjusted. SBA then modified the applicable penalty or penalty ranges by

(1)identifying the last date a penalty or penalty range was modified;

(2)multiplying the current penalty or penalty range by a multiplier identified for the applicable year in which the penalty or penalty range was last established or modified based on the Consumer Price Index for October 2015; and

(3)ensuring that the product of

(1)and

(2)did not exceed 150% of the penalty or penalty range that was in effect on November 2, 2015. II. Civil Money Penalties Adjusted by This Rule This rule makes adjustments to civil monetary penalties authorized by the Small Business Act, the Small Business Investment Act of 1958 (SBIAct), the Program Fraud Civil Remedies Act and the Byrd Amendment to the Federal Regulation of Lobbying Act. These penalties and the implementing regulations are discussed below. 1. 13 CFR 107.665 SBA licenses, regulates and provides financial assistance to financial entities called small business investment companies (SBICs). Pursuant to section 315 of the Small Business Investment Act of 1958, 15 U.S.C. 687g, SBA may impose a penalty on any SBIC that fails to comply with SBA's regulations or directives governing the filing of regular or special reports. That civil penalty is not more than $100 for each and every day of the continuance of the SBIC's failure to file such report, unless the SBIC can show that its failure was due to a reasonable cause. SBA has not incorporated this penalty in its regulation. Therefore, a new section is being added to 13 CFR part 107 that will include the adjusted civil penalty. The adjusted civil penalty amount was calculated by multiplying the current civil penalty by the multiplier of 7.22912 established under the 2015 Inflation Adjustment Improvements Act for civil penalties last amended or established in 1966, to reach a product of $723 rounded to the nearest dollar. However, because the adjusted amount is more than the catch up adjustment cap of 150% (or $250), the new civil penalty amount is $250 for each and every day the SBIC fails to file the respective report. 2. 13 CFR 120.465 According to the regulations at § 120.465, any small business lending company

(SBLC)that violates a regulation or written directive issued by the SBA Administrator regarding the filing of any regular or special report is subject to a civil penalty of not more than $5,000 for each day the company fails to file the report, unless the small business lending company can show that there is reasonable cause for its failure to file. This penalty, authorized by section 23(j) of the Small Business Act, 15 U.S.C. 650(j), was established in 2004. This rule amends § 120.465(b) to adjust the civil penalty from not more than $5,000 for each day of the continuance of the failure to file the respective report to not more than $6,229 for each day the small business lending company fails to file the report. The new civil penalty amount was calculated by multiplying the current civil penalty by the multiplier of 1.24588 established under the 2015 Inflation Adjustment Improvements Act for civil penalties last amended or established in 2004, to reach a product of $6,229, rounding to the nearest dollar. The adjusted amount is not more than the catch up adjustment cap of 150% (or $7,500) allowed. 3. 13 CFR 142.1(b) SBA has promulgated regulations at 13 CFR part 142 to implement the civil penalties authorized by the Program Fraud Civil Remedies Act of 1986 (PFCRA), 31 U.S.C. 3801-3812. Under the regulation, a person who submits, or causes to be submitted, a false claim or a false statement to SBA is subject to a civil penalty of not more than $5,000 for each statement or claim. This penalty is applicable to violations for making misrepresentations to obtain benefits from an SBA financial assistance or contracting program, has not been adjusted previously. This rule amends § 142.1(b) to adjust the current civil penalty amount from $5,000 to $10,781 per claim. The adjusted amount was calculated by multiplying the current penalty of $5,000 by the multiplier established under the 2015 Inflation Adjustment Improvements Act of 2.15628 for civil penalties last established or amended by statute in 1986, to reach a product of $10,781, rounding to the nearest dollar. The adjusted amount is less than the 150% catch-up adjustment cap (or $12,500) allowed. 4. 13 CFR 146.400(a), (b),

(e)SBA has promulgated regulations at 13 CFR part 146 to govern lobbying activities by recipients of federal financial assistance. These regulations implement the authority in 31 U.S.C. 1352, which was established in 1989 and imposes penalties on any recipient that fails to comply with certain requirements in the part. Specifically, penalties may be imposed on those who make prohibited expenditures or fail to file the required disclosure forms or to amend such forms, if necessary. The regulations at § 146.400(a) and

(b)currently impose “a civil penalty of not less than $10,000 and no more than $100,000” for each prohibited expenditure or failure to file or amend the disclosure forms. These penalties have not been adjusted previously. Notwithstanding the penalties in paragraphs

(a)and

(b)described above, the lobbying regulations at § 146.400(e) provide that first offenders under those paragraphs are subject to a maximum civil penalty of $10,000, absent aggravating circumstances. This rule amends § 146.400

(a)and (b), to adjust the current civil penalty amounts from “not less than $10,000 and not more than $100,000” to “not less than $18,936 and not more than $189,361.” The penalty in paragraph

(e)is being amended from $10,000 to $18,936. The new civil penalty amounts were calculated by multiplying the current civil penalty of $10,000 by the multiplier of 1.89361 established under the 2015 Inflation Adjustment Improvements Act for civil penalties last established or amended by statute in 1989 to reach a product of $18,936, rounding to the nearest dollar. The current maximum civil penalty of $100,000 was also adjusted using the same method and multiplier to reach a product of $189,361. Each of these adjusted penalty amounts is less than the allowed 150% catch-up adjustment cap (or $25,000 and $250,000, respectively). III. Technical Amendments This rule also makes technical amendments to six program-specific regulations that reference the civil monetary penalties for misrepresentation by an applicant for certain SBA program benefits. Each of these regulations, with the heading *Civil Penalties,* states that program participants or applicants are subject to penalties “under the False Claims Act and under the Program Fraud Civil Remedies Act” but do not reference SBA's PFCRA implementing regulations. In this rule, SBA amends each of the following regulations to add that reference:

(1)§ 121.108(e)(2) (for misrepresentation of an applicant's size status as a small business);

(2)§ 121.411(i)(2) (for misrepresentation in SBA's Section 8(d) Subcontracting Program);

(3)§ 124.1015(e)(2) (for misrepresentation of status as a small disadvantaged business);

(4)§ 125.29(e)(2) (for misrepresentation of status as a small disadvantaged veteran owned small business);

(5)§ 126.900(e)(2) (for misrepresentation of HUBZone status); and

(6)§ 127.700(e)(2) (for misrepresentation of status as either a Woman Owned Small Business or an Economically Disadvantaged Woman Owned Small Business). This rule also corrects a typographical error in each of the regulations listed in order to correct the statutory citation for PFCRA, which currently reads “331 U.S.C. 3801” instead of “31 U.S.C. 3801”. Finally, this rule also makes a technical amendment to § 107.670(b) to replace the statutory reference to section 315 of the Small Business Investment Act with a reference to § 107.665, which is a new section being added by this rule to implement the penalty authorized by section 315 of the SBIAct. IV. Justification for Interim Final Rule The 2015 Inflation Adjustment Improvements Act specifically authorizes agencies to promulgate rulemaking for the adjustment to their civil monetary penalties through an interim final rule. Compliance With Executive Orders 12866, 12988, and 13132, and the Paperwork Reduction Act (44 U.S.S. Ch. 35) and the Regulatory Flexibility Act (5 U.S.C. 601-612) Executive Order 12866 The Office of Management and Budget

(OMB)has determined that this interim final rule does not constitute a significant regulatory action under Executive Order 12866. This is also not a major rule under the Congressional Review Act, 5 U.S.C. 800. Executive Order 12988 This action meets applicable standards set forth in Sections 3(a) and 3(b)(2) of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. The action does not have retroactive or preemptive effect. Executive Order 13132 For the purpose of Executive Order 13132, SBA has determined that the 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. Therefore, this interim final rule has no federalism implications warranting preparation of a federalism assessment. Paperwork Reduction Act SBA has determined that this rule does not impose additional reporting or recordkeeping requirements. Regulatory Flexibility Act

(RFA)The RFA requires agencies to consider the effect of their regulatory actions on small entities, including small non-profit businesses, and small local governments. Pursuant to the RFA, when an agency issues a rule the agency must prepare an analysis that describes whether the impact of the rule will have a significant economic impact on a substantial number of such small entities. However, the RFA requires such analysis only where notice and comment rulemaking is required. As stated above, SBA has express statutory authority to issue an interim final rule. Since notice and comment is not required before this rule is issued, SBA is not required to prepare a regulatory analysis. List of Subjects 13 CFR Part 107 Investment companies, Loan programs-business, Reporting and recordkeeping requirements, Small businesses. 13 CFR Part 120 Loan programs—business, Reporting and recordkeeping requirements, Small businesses. 13 CFR Part 121 Administrative practice and procedure, Government procurement, Government property, Grant programs—business, Loan programs—business, Small businesses. 13 CFR Part 124 Administrative practice and procedure, Government procurement, Hawaiian Natives, Indians—business and finance, Minority businesses, Reporting and recordkeeping requirements, Technical assistance. 13 CFR Part 125 Government contracts, Government procurement, Reporting and recordkeeping requirements, Small businesses, Technical assistance, Veterans. 13 CFR Part 126 Administrative practice and procedure, Government procurement, Penalties, Reporting and recordkeeping requirements, Small businesses. 13 CFR Part 127 Government contracts, Reporting and recordkeeping requirements, Small businesses. 13 CFR Part 142 Administrative practice and procedure, Claims, Fraud, Penalties. 13 CFR Part 146 Government contracts, Grant programs, Loan programs, Lobbying, Penalties, Reporting and recordkeeping requirements. For the reasons set forth in the preamble, SBA amends 13 CFR parts 107, 120, 121, 124, 125, 126, 127, 142, and 146 as follows: PART 107—SMALL BUSINESS INVESTMENT COMPANIES 1. The authority citation for part 107 is revised to read as follows: Authority: 15 U.S.C. 681 *et seq.,* 683, 687(c), 687b, 687d, 687g, 687m. 2. Add § 107.665 to subpart F to read as follows: § 107.665 Civil penalties. Except as provided in § 107.670, a Licensee that violates any regulation or written directive issued by SBA, requiring the filing of any regular or special report pursuant to this part, shall be fined a civil penalty of not more than $250 for each day the Licensee fails to file such report. The civil penalties provided for in this section shall accrue to the United States and may be recovered in a civil action brought by the SBA. § 107.670 [Amended] 3. In § 107.670(b), remove the words “provision of section 315(a) of the Act” and add in their place the words “stated in § 107.665”. PART 120—BUSINESS LOANS 4. The authority citation for part 120 continues to read as follows: Authority: 15 U.S.C. 634(b)(6), (b)(7), (b)(14), (h), and note, 636(a),

(h)and (m), 650, 687(f), 696(3), and 697(a) and (e); Public Law 111-5, 123 Stat. 115, Public Law 111-240, 124 Stat. 2504. § 120.465 [Amended] 5. Paragraph

(b)of § 120.465 is amended by removing “$5,000” and adding in its place “$6,299”. PART 121—SMALL BUSINESS SIZE REGULATIONS 6. The authority citation for part 121 continues to read as follows: Authority: 15 U.S.C. 632, 634(b)(6), 662, and 694a(9). 7. Revise § 121.108(e)(2) to read as follows: § 121.108 What are the penalties for misrepresentation of size status?

(e)* * *

(2)*Civil Penalties.* Persons or concerns are subject to severe penalties under the False Claims Act, 31 U.S.C. 3729-3733, the Program Fraud Civil Remedies Act, 31 U.S.C. 3801-3812 and any other applicable laws or regulations, including 13 CFR part 142. 8. Revise § 121.411(i)(2) to read as follows: § 121.411 What are the size procedures for SBA's Section 8(d) Subcontracting Program?

(i)* * *

(2)*Civil Penalties.* Persons or concerns are subject to severe penalties under the False Claims Act, 31 U.S.C. 3729-3733, the Program Fraud Civil Remedies Act, 31 U.S.C. 3801-3812 and any other applicable laws or regulations, including 13 CFR part 142. PART 124—8(a) BUSINESS DEVELOPMENT/SMALL DISADVANTAGED BUSINESS STATUS DETERMINATIONS 9. The authority citation for part 124 continues to read as follows: Authority: 15 U.S.C. 634(b)(6), 636(j), 637(a), 637(d), 644 and Pub. L. 99-661, Pub. L. 100-656, sec. 1207, Pub. L. 101-37, Pub. L. 101-574, section 8021, Pub. L. 108-87, and 42 U.S.C. 9815. 10. Revise § 124.1015(e)(2) to read as follows: § 124.1015 What are the requirements for representing SDB status, and what are the penalties for misrepresentation?

(e)* * *

(2)*Civil Penalties.* Persons or concerns are subject to severe penalties under the False Claims Act, 31 U.S.C. 3729-3733, the Program Fraud Civil Remedies Act, 31 U.S.C. 3801-3812, and any other applicable laws or regulations, including 13 CFR part 142. PART 125—GOVERNMENT CONTRACTING PROGRAMS 11. The authority citation for part 125 continues to read as follows: Authority: 15 U.S.C. 632(p), (q); 634(b)(6), 637, 644, 657f, and 657q. 12. Revise § 125.29(e)(2) to read as follows: § 125.29 What are the requirements for representing SDVO SBC status, and what are the penalties for misrepresentation?

(e)* * *

(2)*Civil Penalties.* Persons or concerns are subject to severe penalties under the False Claims Act, 31 U.S.C. 3729-3733, the Program Fraud Civil Remedies Act, 31 U.S.C. 3801-3812, and any other applicable laws or regulations, including 13 CFR part 142. PART 126—HUBZONE PROGRAM 13. The authority citation for part 126 continues to read as follows: Authority: 15 U.S.C. 632(a), 632(j), 632(p), 644 and 657a. 14. Revise § 126.900(e)(2) to read as follows: § 126.900 What are the requirements for representing HUBZone status, and what are the penalties for misrepresentation?

(e)* * *

(2)*Civil Penalties.* Persons or concerns are subject to severe penalties under the False Claims Act, 31 U.S.C. 3729-3733, the Program Fraud Civil Remedies Act, 31 U.S.C. 3801-3812, and any other applicable laws or regulations, including 13 CFR part 142. PART 127—WOMEN-OWNED SMALL BUSINESS FEDERAL CONTRACT PROGRAM 15. The authority citation for part 127 continues to read as follows: Authority: 15 U.S.C. 632, 634(b)(6), 637(m), and 644. 16. Revise § 127.700(e)(2) to read as follows: § 127.700 What are the requirements for representing EDWOSB or WOSB status, and what are the penalties for misrepresentation?

(e)* * *

(b)of § 142.1 is amended by removing “$5,000” and adding in its place “$10,781”. PART 146—NEW RESTRICTIONS ON LOBBYING 19. The authority citation for part 146 continues to read as follows: Authority: Section 319, Pub. L. 101-121 (31 U.S.C. 1352); 15 U.S.C. 634(b)(6). § 146.400 [Amended] 20. Paragraphs (a), (b), and

(e)of § 146.400 are amended by removing “$10,000” wherever it appears and adding in its place “$18,936” and by removing “$100,000” and adding in its place “$189,361”. Maria Contreras-Sweet, Administrator. [FR Doc. 2016-11868 Filed 5-18-16; 8:45 am]

Connectionstraces to 17

Traces to 17 documents

public-private-law