Unknown. Final rule

5,242 words·~24 min read·/register/2019/03/15/2019-04898

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-2019-03-15.xml --- 84 51 Friday, March 15, 2019 Contents Agency Agency for International Development NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9476 2019-04772 Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9476-9479 2019-04862 Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Pecans Grown in the States of Alabama, Arkansas, Arizona, California, Florida, Georgia, Kansas, Louisiana, Missouri, Mississippi, North Carolina, New Mexico, Oklahoma, South Carolina, and Texas, 9479-9480 2019-04861 Request for Renewal: Regulations Governing Inspection Certification of Fresh and Processed Fruits, Vegetables, and Other Products, 9480 2019-04859 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 9481-9482 2019-04831 2019-04868 Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Importation of Sand Pears from China, 9482-9483 2019-04858 Army Army Department NOTICES Intent to Grant an Exclusive License: U.S. Government-Owned Invention, 9508 2019-04863 Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Advisory Council for the Elimination of Tuberculosis, 9523 2019-04822 Board of Scientific Counselors, Office of Public Health Preparedness and Response, 9525 2019-04826 Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 9522-9524 2019-04823 2019-04825 2019-04848 Request for the Technical Review of 10 Draft Skin Notation Assignments and Skin Notation Profiles, 9524-9525 2019-04794 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program:

Revisions to Payment Policies under the Physician Fee Schedule and Other Revisions to Part B for CY 2019; etc.: Correction, 9460-9463 2019-04803 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9526-9528 2019-04895 2019-04902 Civil Rights Civil Rights Commission NOTICES Meetings: Alabama Advisory Committee, 9483 2019-04835 Meetings; Sunshine Act, 9483-9484 2019-04963 Coast Guard Coast Guard RULES Anchorage Ground: Sabine Pass, TX, 9458-9459 2019-04875 Drawbridge Operations:

Hackensack River, Little Snake Hill, NJ, 9459-9460 2019-04889 PROPOSED RULES Safety Zone: Lake of the Ozarks, Osage Beach, MO, 9468-9470 2019-04813 NOTICES Atlantic Coast Port Access Route Study: Port Approaches and International Entry and Departure Transit Areas, 9541-9542 2019-04891 Recertification: Prince William Sound Regional Citizens' Advisory Council, 9540-9541 2019-04876 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 9507-9508 2019-04890 Community Living Administration Community Living Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Performance (Progress) Report for AoA Grantees, 9528-9529 2019-04829 Copyright Office Copyright Office, Library of Congress NOTICES Public Draft of the Compendium of U.S. Copyright Office Practices, 9562-9563 2019-04798 Defense Acquisition Defense Acquisition Regulations System NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Contract Administration and Related Clause, 9508 2019-04834 Defense Department Defense Department See Army Department See Defense Acquisition Regulations System See Engineers Corps NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Value Engineering Requirements, 9521 2019-04837 Defense Nuclear Defense Nuclear Facilities Safety Board NOTICES Meetings; Sunshine Act, 9510 2019-04942 Employment and Training Employment and Training Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Agricultural Clearance Order, 9561 2019-04807 Energy Department Energy Department See Federal Energy Regulatory Commission Engineers Engineers Corps NOTICES Meetings: Grand River Habitat Restoration and Invasive Species Control Project, Grand Rapids, MI, 9509-9510 2019-04864 Environmental Protection Environmental Protection Agency RULES National Emission Standards for Hazardous Air Pollutants: Surface Coating of Large Appliances; Printing, Coating, and Dyeing of Fabrics and Other Textiles; and Surface Coating of Metal Furniture Residual Risk and Technology Reviews, 9590-9646 2019-03560 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Establishing No-Discharge Zones under Clean Water Act Section 312, 9518-9519 2019-04797 NESHAP for Integrated Iron and Steel Manufacturing Facilities (Renewal), 9517-9518 2019-04791 NSPS for Oil and Natural Gas Production and Natural Gas Transmission and Distribution, 9515-9516 2019-04796 Sulfur Content of Motor Vehicle Gasoline, Gasoline Additives, Denatured Fuel Ethanol and Other Oxygenates, Certified Ethanol Denaturant, and Blender-Grade Pentane, 9514-9515 2019-04795 Environmental Impact Statements;

Availability, etc.: Weekly Receipts, 9519 2019-04767 Systematic Review Protocol for the Hexavalent Chromium Integrated Risk Information System Assessment, 9516-9517 2019-04904 Federal Aviation Federal Aviation Administration NOTICES Intent to Rule on Request to Release Airport Property: Yellowstone Regional Airport, Cody, WY, 9586 2019-04788 Federal Communications Federal Communications Commission RULES Equal Employment Opportunity Audit and Enforcement Team Deployment, 9463-9465 2019-04563 Television Broadcasting Services Cookeville and Franklin, Tennessee, 9465-9466 2019-04789 Federal Deposit Federal Deposit Insurance Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 9520-9521 2019-04693 Meetings: Advisory Committee on Community Banking, 9519-9520 2019-04692 Federal Emergency Federal Emergency Management Agency NOTICES Changes in Flood Hazard Determinations, 9544-9546 2019-04870 Final Flood Hazard Determinations, 9542-9544 2019-04871 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 9510-9514 2019-04840 2019-04841 2019-04843 2019-04844 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations:

Cricket Valley Energy Center, LLC, 9513 2019-04845 TRS Fuel Cell, LLC, 9510 2019-04846 Institution Of Section 206 Proceeding And Refund Effective Date: Tucson Electric Power Co.; UNS Electric, Inc.; UniSource Energy Development Co., 9512 2019-04847 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 9521 2019-04885 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Wildlife and Plants; Removing the Gray Wolf (Canis lupus) from the List of Endangered and Threatened Wildlife, 9648-9687 2019-04420 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Electronic Federal Duck Stamp Program, 9547-9548 2019-04828 Implementing Regulations for Petitions, 9549-9551 2019-04805 Environmental Impact Statements; Availability, etc.: South Farallon Islands Invasive House Mouse Eradication Project; Farallon Islands National Wildlife Refuge, CA., 9548-9549 2019-04905 Permit Application: Sand Skink and Blue-Tailed Mole Skink, Polk County, FL; Categorical Exclusion, Proposed Habitat Conservation Plan, 9551-9552 2019-04811 Food and Drug Food and Drug Administration NOTICES Guidance:

A Risk-Based Approach to Monitoring of Clinical Investigations: Questions and Answers, 9531-9533 2019-04814 Enrichment Strategies for Clinical Trials to Support Demonstration of Effectiveness of Human Drugs and Biological Products, 9534-9535 2019-04815 Medical Devices Containing Materials Derived from Animal Sources (Except for In Vitro Diagnostic Devices), 9530-9531 2019-04883 Severely Debilitating or Life-Threatening Hematologic Disorders: Nonclinical Development of Pharmaceuticals, 9533-9534 2019-04816 Foreign Assets Foreign Assets Control Office RULES List of Foreign Financial Institutions Subject to Correspondent Account or Payable-Through Account Sanctions, 9456-9458 2019-04842 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity:

Universal Metal Products, Inc.; Foreign-Trade Zone 12; McAllen, TX, 9484-9485 2019-04878 Subzone Status; Approval: Adidas America, Inc. Wilkes-Barre, PA, 9485 2019-04879 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Government Property, 9522 2019-04838 Value Engineering Requirements, 9521 2019-04837 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Community Living Administration See Food and Drug Administration See National Institutes of Health NOTICES Designation of a Class of Employees for Addition to the Special Exposure Cohort, 9535-9536 2019-04824 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department RULES Adjustment of Civil Monetary Penalty Amounts, 9451-9454 2019-04898 Industry Industry and Security Bureau NOTICES Meetings:

Regulations and Procedures Technical Advisory Committee, 9485 2019-04869 Interior Interior Department See Fish and Wildlife Service See Land Management Bureau See Reclamation Bureau See Surface Mining Reclamation and Enforcement Office International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Extrusions from the People's Republic of China, 9485-9489 2019-04881 Carbon and Alloy Steel Wire Rod from the Republic of Korea, 9491-9493 2019-04884 Low-Enriched Uranium from France, 9493-9494 2019-04882 Multilayered Wood Flooring from the People's Republic of China, 9494-9495 2019-04880 Oil Country Tubular Goods from the People's Republic of China, 9490-9491 2019-04877 Meetings:

U.S. Department of Commerce Trade Finance Advisory Council, 9489-9490 2019-04830 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Integrated Circuits and Products Containing the Same, 9558-9560 2019-04784 Meetings; Sunshine Act, 9558 2019-05020 Justice Department Justice Department NOTICES Proposed Consent Decree under CERCLA, 9560 2019-04899 Proposed Consent Decree: Clean Air Act; Extension of Comment Period, 9560 2019-04810 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Black Rock City LLC's Burning Man Special Recreation Permit Renewal, Pershing, County, NV, 9552-9553 2019-04888 Library Library of Congress See Copyright Office, Library of Congress NASA National Aeronautics and Space Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Value Engineering Requirements, 9521 2019-04837 National Institute National Institutes of Health NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Center for Cancer Training Application Form for electronic Individual Development Plan, 9537-9538 2019-04856 Meetings: Center for Scientific Review, 9538, 9540 2019-04849 2019-04850 National Advisory Council on Minority Health and Health Disparities, 9536-9537 2019-04855 National Cancer Institute, 9536 2019-04851 National Institute of Arthritis and Musculoskeletal and Skin Diseases, 9536 2019-04853 National Institute of Mental Health, 9540 2019-04854 National Institute on Alcohol Abuse and Alcoholism, 9538 2019-04852 Methods and Measurement in Sexual & Gender Minority Health Research:

Identifying Research Opportunities, 9538-9539 2019-04790 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Vessels using Jig Gear in the Central Regulatory Area of the Gulf of Alaska, 9466 2019-04857 Pacific Cod by Vessels using Jig Gear in the Western Regulatory Area of the Gulf of Alaska, 9466-9467 2019-04820 PROPOSED RULES Fisheries off West Coast States: Pacific Coast Groundfish Fishery; 2019 Tribal Fishery for Pacific Whiting, 9471-9475 2019-04785 NOTICES Taking and Importing Marine Mammals:

Incidental to U.S. Navy Training and Testing Activities in the Mariana Islands Training and Testing Study Area, 9495-9497 2019-04818 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Amendment: NextEra Energy Seabrook, LLC; Seabrook Station, Unit No. 1, 9564 2019-04832 License Renewal and Record of Decision: NextEra Energy Seabrook, LLC; Seabrook Station, Unit No. 1, 9563-9564 2019-04821 Patent Patent and Trademark Office NOTICES New Pilot Program Concerning Motion to Amend Practice and Procedures in Trial Proceedings under the America Invents Act before the Patent Trial and Appeal Board, 9497-9507 2019-04897 Pension Benefit Pension Benefit Guaranty Corporation RULES Allocation of Assets in Single-Employer Plans;

Benefits Payable in Terminated Single-Employer Plans; Interest Assumptions for Valuing and Paying Benefits, 9454-9456 2019-04740 Postal Service Postal Service PROPOSED RULES New Electronic Signature Option, 9470-9471 2019-04566 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Defense and National Security: Defense Production Act of 1950; Determination (Presidential Determination No. 2019-11 of March 12, 2019), 9689-9691 2019-05100 Reclamation Reclamation Bureau NOTICES Environmental Impact Statements;

Availability, etc.: Kachess Drought Relief Pumping Plant and Keechelus Reservoir-to-Kachess Reservoir Conveyance, Kittitas and Yakima Counties, WA, 9553-9554 2019-04295 Securities Securities and Exchange Commission NOTICES Applications: O'Shaughnessy Asset Management, LLC, et al., 9575-9576 2019-04804 Orders: Fiscal Year 2019 Annual Adjustments to Transaction Fee Rates, 9576-9582 2019-04800 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 9573-9575 2019-04808 Miami International Securities Exchange, LLC, 9567-9573 2019-04806 The Depository Trust Co., 9565-9567 2019-04809 Small Business Small Business Administration NOTICES Major Disaster Declaration:

Alabama, 9582 2019-04939 Social Social Security Administration NOTICES Ruling: Effect of the Decision in Lucia V. Securities and Exchange Commission on Cases Pending at the Appeals Council, 9582-9584 2019-04817 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application under the Hague Convention on the Civil Aspects of International Child Abduction, 9584 2019-04812 Designation as a Specially Designated Global Terrorist:

Akram' Abbas al-Kabi, aka Akram Abas al-Ka'bi, aka Sheik Akram al-Ka'abi, aka Shaykh Abu-Akram al-Ka'abi, aka Abu-Muhammad, aka Karumi, aka Abu Ali, 9585 2019-04509 Harakat al-Nujaba, aka Harakat Hezbollah al-Nujaba, aka Movement of the Noble Ones Hezbollah, etc., 9585 2019-04508 Surface Mining Surface Mining Reclamation and Enforcement Office NOTICES Environmental Impact Statements; Availability, etc.: San Juan Mine Deep Lease Extension Mining Plan Modification, 9556-9558 2019-04833 Record of Decision:

West Elk Mine Mining Plan Modification, 9554-9556 2019-04839 Surface Transportation Surface Transportation Board NOTICES Railroad Cost Recovery Procedures: Productivity Adjustment, 9585-9586 2019-04802 Temporary Trackage Rights Exemption: Union Pacific Railroad Co.; BNSF Railway Co., 9585 2019-04819 Transportation Department Transportation Department See Federal Aviation Administration NOTICES U.S. Carrier Authority to Serve Samoa, 9586-9587 2019-04865 Treasury Treasury Department See Foreign Assets Control Office Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Request for Restoration of Educational Assistance, 9587 2019-04827 Separate Parts In This Issue Part II Environmental Protection Agency, 9590-9646 2019-03560 Part III Interior Department, Fish and Wildlife Service, 9648-9687 2019-04420 Part IV Presidential Documents, 9689-9691 2019-05100 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 84 51 Friday, March 15, 2019 Rules and Regulations DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 28, 30, 87, 180, and 3282 [Docket No. FR-6139-F-01] RIN 2501-AD90 Adjustment of Civil Monetary Penalty Amounts for 2019 AGENCY:

Office of the General Counsel, HUD. ACTION: Final rule. SUMMARY: This rule provides for 2019 inflation adjustments of civil monetary penalty amounts 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. DATES: *Effective date for 2019 inflation adjustment:* April 15, 2019. FOR FURTHER INFORMATION CONTACT: Ariel Pereira, Associate General Counsel, Office of Legislation and Regulations, Department of Housing and Urban Development, 451 7th Street SW, 200, Washington, DC 20024; telephone number 202-402-5138 (this is not a toll-free number).

Hearing- or speech-impaired individuals may access this number via TTY by calling the Federal Information Relay Service, toll-free, at 800-877-8339. SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) (Pub. L. 114-74, Sec. 701), which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410), requires agencies to make annual adjustments to civil monetary penalty

(CMP)amounts for inflation “notwithstanding section 553 of title 5, United States Code.” Section 553 refers to the Administrative Procedure Act, which provides for advance notice and public comment on rules. However, as explained in Section III below, HUD has determined that advance notice and public comment on this final rule is unnecessary. This annual adjustment is for 2019. The annual adjustment is based on the percent change between the U.S. Department of Labor's Consumer Price Index for All Urban Consumers (“CPI-U”) for the month of October preceding the date of the adjustment, and the CPI-U for October of the prior year (28 U.S.C. 2461 note, section (5)(b)(1)). Based on that formula, the cost-of-living adjustment multiplier for 2018 is 1.02522. 1 Pursuant to the 2015 Act, adjustments are rounded to the nearest dollar. 2 1 Office of Management and Budget, M-19-04, Memorandum for the Heads of Executive Departments and Agencies, Implementation of Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. ( *https://www.whitehouse.gov/wp-content/uploads/2017/11/m_19_04.pdf* ). (October 2018 CPI-U (252.885)/October 2017 CPI-U (246.663) = 1.02522.) 2 28 U.S.C. 2461 note. II. This Final Rule This rule makes the required 2019 inflation adjustment of civil penalty amounts. Since HUD is not applying these adjustments retroactively, the 2019 increases apply to violations occurring on or after this rule's effective date. HUD provides a table showing how, for each component, the penalties are being adjusted for 2019 pursuant to the 2015 Act. In the first column (“Description”), HUD provides a description of the penalty. In the second column (“Statutory Citation”), HUD provides the United States Code statutory citation providing for the penalty. In the third column (“Regulatory Citation”), HUD provides the Code of Federal Regulations citation under title 24 for the penalty. In the fourth column (“Previous Amount”), HUD provides the amount of the penalty pursuant to the rule implementing the 2018 adjustment (83 FR 32790, July 16, 2018). In the fifth column (“2019 Adjusted Amount”), HUD lists the penalty after applying the 2019 inflation adjustment. Description Statutory citation Regulatory citation (24 CFR) Previous amount 2019 adjusted amount False Claims Omnibus Budget Reconciliation Act of 1986 (31 U.S.C. 3802(a)(1)) § 28.10(a) $11,181 $11,463. False Statements Omnibus Budget Reconciliation Act of 1986 (31 U.S.C. 3802(b)(1)) § 28.10(b) $11,181 $11,463. Advance Disclosure of Funding Department of Housing and Urban Development Act (42 U.S.C. 3537a(c)) § 30.20 $19,639 $20,134. Disclosure of Subsidy Layering Department of Housing and Urban Development Act (42 U.S.C. 3545(f)) § 30.25 $19,639 $20,134. FHA Mortgagees and Lenders Violations HUD Reform Act of 1989 (12 U.S.C. 1735f-14(a)(2)) § 30.35 Per Violation: $9,819 Per Year: $1,963,870 Per Violation: $10,067 Per Year: $2,013,399. Other FHA Participants Violations HUD Reform Act of 1989 (12 U.S.C. 1735f-14(a)(2)) § 30.36 Per Violation: $9,819 Per Year: $1,963,870 Per Violation: $10,067 Per Year: $2,013,399. Indian Loan Mortgagees Violations Housing Community Development Act of 1992 (12 U.S.C. 1715z-13a(g)(2)) § 30.40 Per Violation: $9,819 Per Year: $1,963,870 Per Violation: $10,067 Per Year: $2,013,399. Multifamily & Section 202 or 811 Owners Violations HUD Reform Act of 1989 (12 U.S.C. 1735f-15(c)(2)) § 30.45 $49,096 $50,334. Ginnie Mae Issuers & Custodians Violations HUD Reform Act of 1989 (12 U.S.C. 1723i(b)) § 30.50 Per Violation: $9,819 Per Year: $1,963,870 Per Violation: $10,067 Per Year: $2,013,399. Title I Broker & Dealers Violations HUD Reform Act of 1989 (12 U.S.C. 1703) § 30.60 Per Violation: $9,819 Per Year: $1,963,870 Per Violation: $10,067 Per Year: $2,013,399. Lead Disclosure Violation Title X—Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852d(b)(1)) § 30.65 $17,395 $17,834. Section 8 Owners Violations Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437z-1(b)(2)) § 30.68 $38,159 $39,121. Lobbying Violation The Lobbying Disclosure Act of 1995 (31 U.S.C. 1352) § 87.400 Min: $19,639 Max: $196,387 Min: $20,134 Max: $201,340. Fair Housing Act Civil Penalties Fair Housing Act (42 U.S.C. 3612(g)(3)) § 180.671(a) No Priors: $20,521 One Prior: $51,302 Two or More Priors: $102,606 No Priors: $21,039 One Prior: $52,596 Two or More Priors: $105,194. Manufactured Housing Regulations Violation Housing Community Development Act of 1974 (42 U.S.C. 5410) § 3282.10 Per Violation: $2,852 Per Year: $3,565,045 Per Violation: $2,924 Per Year: $3,654,955. III. Justification for Final Rulemaking for the 2019 Adjustments HUD generally publishes regulations for public comment before issuing a rule for effect, in accordance with its own regulations on rulemaking in 24 CFR part 10. However, part 10 provides for exceptions to the general rule if the agency finds good cause to omit advanced notice and public participation. The good cause requirement is satisfied when prior public procedure is “impractical, unnecessary, or contrary to the public interest” (see 24 CFR 10.1). As discussed, this final rule makes the required 2019 inflation adjustment, which HUD does not have discretion to change. Moreover, the 2015 Act specifies that a delay in the effective date under the Administrative Procedure Act is not required for annual adjustments under the 2015 Act. HUD has determined, therefore, that it is unnecessary to delay the effectiveness of the 2019 inflation adjustments to solicit public comments. Section 7(o) of the Department of Housing and Urban Development Act (42 U.S.C. 3535(o)) requires that any HUD regulation implementing any provision of the Department of Housing and Urban Development Reform Act of 1989 that authorizes the imposition of a civil money penalty may not become effective until after the expiration of a public comment period of not less than 60 days. This rule does not authorize the imposition of a civil money penalty—rather, it makes a standard inflation adjustment to penalties that were previously authorized. As noted above, the 2019 inflation adjustments are made in accordance with a statutorily prescribed formula that does not provide for agency discretion. Accordingly, a delay in the effectiveness of the 2019 inflation adjustments in order to provide the public with an opportunity to comment is unnecessary because the 2015 Act exempts the adjustments from the need for delay, the rule does not authorize the imposition of a civil money penalty, and, in any event, HUD would not have the discretion to make changes as a result of any comments. IV. Findings and Certifications Regulatory Review—Executive Orders 12866 and 13563 Under Executive Order 12866 (Regulatory Planning and Review), a determination must be made whether a regulatory action is significant and, therefore, subject to review by the Office of Management and Budget

(OMB)in accordance with the requirements of the order. Executive Order 13563 (Improving Regulations and Regulatory Review) directs executive agencies to analyze regulations that are “outmoded, ineffective, insufficient, or excessively burdensome, and to modify, streamline, expand, or repeal them in accordance with what has been learned.” Executive Order 13563 also directs that, where relevant, feasible, and consistent with regulatory objectives, and to the extent permitted by law, agencies are to identify and consider regulatory approaches that reduce burdens and maintain flexibility and freedom of choice for the public. Executive Order 13771 (Reducing Regulation and Controlling Regulatory Costs) requires that for every new regulation issued, at least two prior regulations be identified for removal, and that the cost of planned regulations be prudently managed and controlled through a budgeting process. As discussed above in this preamble, this final rule adjusts existing civil monetary penalties for inflation by a statutorily required amount. HUD determined that this rule was not significant under Executive Order 12866 and Executive Order 13563. Moreover, as this rule is not a significant regulatory action under Executive Order 12866, it is not considered an Executive Order 13771 regulatory action. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)(5 U.S.C. 601 *et seq.* ) generally requires an agency to conduct a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Because HUD has determined that good cause exists to issue this rule without prior public comment, this rule is not subject to the requirement to publish an initial or final regulatory flexibility analysis under the RFA as part of such action. Unfunded Mandates Reform Section 202 of the Unfunded Mandates Reform Act of 1995

(UMRA)3 requires that an agency prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100 million or more in any one year. If a budgetary impact statement is required, section 205 of UMRA also requires an agency to identity and consider a reasonable number of regulatory alternatives before promulgating a rule. 4 However, the UMRA applies only to rules for which an agency publishes a general notice of proposed rulemaking. As discussed above, HUD has determined, for good cause, that prior notice and public comment is not required on this rule and, therefore, the UMRA does not apply to this final rule. 3 2 U.S.C. 1532. 4 2 U.S.C. 1534. Executive Order 13132, Federalism Executive Order 13132 (entitled “Federalism”) prohibits an agency from publishing any rule that has federalism implications if the rule either imposes substantial direct compliance costs on State and local governments and is not required by statute, or the rule preempts State law, unless the agency meets the consultation and funding requirements of section 6 of the Executive Order. This rule will not have federalism implications and would not impose substantial direct compliance costs on State and local governments or preempt State law within the meaning of the Executive order. Environmental Review This final rule does not direct, provide for assistance or loan and mortgage insurance for, or otherwise govern, or regulate, real property acquisition, disposition, leasing, rehabilitation, alteration, demolition, or new construction, or establish, revise, or provide for standards for construction or construction materials, manufactured housing, or occupancy. Accordingly, under 24 CFR 50.19(c)(1), this final rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 (42 U.S.C. 4321). List of Subjects 24 CFR Part 28 Administrative practice and procedure, Claims, Fraud, Penalties. 24 CFR Part 30 Administrative practice and procedure, Grant programs-housing and community development, Loan programs-housing and community development, Mortgage insurance, Penalties. 24 CFR Part 87 Government contracts, Grant programs, Loan programs, Lobbying, Penalties, Reporting and recordkeeping requirements. 24 CFR Part 180 Administrative practice and procedure, Aged, Civil rights, Fair housing, Individuals with disabilities, Investigations, Mortgages, Penalties, Reporting and recordkeeping requirements. 24 CFR Part 3282 Administrative practice and procedure, Consumer protection, Intergovernmental relations, Manufactured homes, Reporting and recordkeeping requirements. Accordingly, for the reasons described in the preamble, HUD amends 24 CFR parts 28, 30, 87, 180, and 3282 to read as follows: PART 28—IMPLEMENTATION OF THE PROGRAM FRAUD CIVIL REMEDIES ACT OF 1986 1. The authority citation for part 28 continues to read as follows: Authority: 28 U.S.C. 2461 note; 31 U.S.C. 3801-3812; 42 U.S.C. 3535(d). 2. In § 28.10, revise the introductory text of paragraphs (a)(1) and (b)(1) to read as follows: § 28.10 Basis for civil penalties and assessments.

(a)*Claims.*

(1)A civil penalty of not more than $11,463 may be imposed upon any person who makes, presents, or submits, or causes to be made, presented, or submitted, a claim that the person knows or has reason to know:

(b)*Statements.*

(1)A civil penalty of not more than $11,463 may be imposed upon any person who makes, presents, or submits, or causes to be made, presented, or submitted, a written statement that: PART 30—CIVIL MONEY PENALTIES: CERTAIN PROHIBITED CONDUCT 3. The authority citation for part 30 continues to read as follows: Authority: 12 U.S.C. 1701q-1, 1703, 1723i, 1735f-14, and 1735f-15; 15 U.S.C. 1717a; 28 U.S.C. 1 note and 2461 note; 42 U.S.C. 1437z-1 and 3535(d). 4. In § 30.20, revise paragraph

(b)to read as follows: § 30.20 Ethical violations by HUD employees.

(b)*Maximum penalty.* The maximum penalty is $20,134 for each violation. 5. In § 30.25, revise paragraph

(b)to read as follows: § 30.25 Violations by applicants for assistance.

(b)*Maximum penalty.* The maximum penalty is $20,134 for each violation. 6. In § 30.35, revise the first sentence in paragraph (c)(1) to read as follows: § 30.35 Mortgagees and lenders. (c)(1) *Amount of penalty.* The maximum penalty is $10,067 for each violation, up to a limit of $2,013,399 for all violations committed during any one-year period. * * * 7. In § 30.36, revise the first sentence in paragraph

(c)to read as follows: § 30.36 Other participants in FHA programs.

(c)*Amount of penalty.* The maximum penalty is $10,067 for each violation, up to a limit of $2,013,399 for all violations committed during any one-year period. * * * 8. In § 30.40, revise the first sentence in paragraph

(c)to read as follows: § 30.40 Loan guarantees for Indian housing.

(c)*Amount of penalty.* The maximum penalty is $10,067 for each violation, up to a limit of $2,013,399 for all violations committed during any one-year period. * * * 9. In § 30.45, revise paragraph

(g)to read as follows: § 30.45 Multifamily and section 202 or 811 mortgagors.

(g)*Maximum penalty.* The maximum penalty for each violation under paragraphs

(c)and

(f)of this section is $50,334. 10. In § 30.50, revise the first sentence in paragraph

(c)to read as follows: § 30.50 GNMA issuers and custodians.

(c)*Amount of penalty.* The maximum penalty is $10,067 for each violation, up to a limit of $2,013,399 during any one-year period. * * * 11. In § 30.60, revise paragraph

(c)to read as follows: § 30.60 Dealers or sponsored third-party originators.

(c)*Amount of penalty.* The maximum penalty is $10,067 for each violation, up to a limit for any particular person of $2,013,399 during any one-year period. 12. In § 30.65, revise paragraph

(b)to read as follows: § 30.65 Failure to disclose lead-based paint hazards.

(b)*Amount of penalty.* The maximum penalty is $17,834 for each violation 13. In § 30.68, revise paragraph

(c)to read as follows: § 30.68 Section 8 owners.

(c)*Maximum penalty.* The maximum penalty for each violation under this section is $39,121. PART 87—NEW RESTRICTIONS ON LOBBYING 14. The authority citation for part 87 continues to read as follows: Authority: 28 U.S.C. 1 note; 31 U.S.C. 1352; 42 U.S.C. 3535(d). 15. In § 87.400, revise paragraphs (a), (b), and

(e)to read as follows: § 87.400 Penalties.

(a)Any person who makes an expenditure prohibited herein shall be subject to a civil penalty of not less than $20,134 and not more than $201,340 for each such expenditure.

(b)Any person who fails to file or amend the disclosure form (see appendix B of this part) to be filed or amended if required herein, shall be subject to a civil penalty of not less than $20,134 and not more than $201,340 for each such failure.

(e)First offenders under paragraph

(a)or

(b)of this section shall be subject to a civil penalty of $20,134, absent aggravating circumstances. Second and subsequent offenses by persons shall be subject to an appropriate civil penalty between $20,134 and $201,340 as determined by the agency head or his or her designee. PART 180—CONSOLIDATED HUD HEARING PROCEDURES FOR CIVIL RIGHTS MATTERS 16. The authority citation for part 180 continues to read as follows: Authority: 28 U.S.C. 1 note; 29 U.S.C. 794; 42 U.S.C. 2000d-1, 3535(d), 3601-3619, 5301-5320, and 6103. 17. In § 180.671, revise paragraphs (a)(1) through

(3)to read as follows: § 180.671 Assessing civil penalties for Fair Housing Act cases.

(a)* * *

(1)$21,039, if the respondent has not been adjudged in any administrative hearing or civil action permitted under the Fair Housing Act or any state or local fair housing law, or in any licensing or regulatory proceeding conducted by a federal, state, or local governmental agency, to have committed any prior discriminatory housing practice.

(2)$52,596, if the respondent has been adjudged in any administrative hearing or civil action permitted under the Fair Housing Act, or under any state or local fair housing law, or in any licensing or regulatory proceeding conducted by a federal, state, or local government agency, to have committed one other discriminatory housing practice and the adjudication was made during the 5-year period preceding the date of filing of the charge.

(3)$105,194, if the respondent has been adjudged in any administrative hearings or civil actions permitted under the Fair Housing Act, or under any state or local fair housing law, or in any licensing or regulatory proceeding conducted by a federal, state, or local government agency, to have committed two or more discriminatory housing practices and the adjudications were made during the 7-year period preceding the date of filing of the charge. PART 3282—MANUFACTURED HOME PROCEDURAL AND ENFORCEMENT REGULATIONS 18. The authority citation for part 3282 is revised to read as follows: Authority: 28 U.S.C. 1 note; 28 U.S.C. 2461 note; 42 U.S.C. 3535(d) and 5424. 19. Revise § 3282.10 to read as follows: § 3282.10 Civil and criminal penalties. Failure to comply with this part may subject the party in question to the civil and criminal penalties provided for in section 611 of the Act, 42 U.S.C. 5410. The maximum amount of penalties imposed under section 611 of the Act shall be $2,924 for each violation, up to a maximum of $3,654,955 for any related series of violations occurring within one year from the date of the first violation. Dated: March 12, 2019. J. Paul Compton, Jr., General Counsel. [FR Doc. 2019-04898 Filed 3-14-19; 8:45 am]

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