Unknown. Final rule

2,651 words·~12 min read·/register/2021/02/02/2021-00932

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-02-02.xml --- 86 20 Tuesday, February 2, 2021 Contents Agriculture Agriculture Department See Rural Housing Service Centers Disease Centers for Disease Control and Prevention NOTICES Meetings: Disease, Disability, and Injury Prevention and Control Special Emphasis Panel, 7870-7872 2021-02160 2021-02161 2021-02162 2021-02163 2021-02164 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare and Medicaid Programs:

Organ Procurement Organizations Conditions for Coverage: Revisions to the Outcome Measure Requirements for Organ Procurement Organizations; Public Comment Period; Delay of Effective Date, 7814 2021-02180 Medicare Program: Secure Electronic Prior Authorization For Medicare Part D Program; Delay in Effective Date, 7813-7814 2021-02181 Coast Guard Coast Guard RULES Regulated Navigation Area: Sparkman Channel, Tampa, FL, 7810-7811 2021-02103 Commerce Commerce Department See International Trade Administration See National Institute of Standards and Technology See National Oceanic and Atmospheric Administration Committee for Purchase Committee for Purchase From People Who Are Blind or Severely Disabled NOTICES Procurement List;

Additions and Deletions, 7862-7863 2021-02141 Commodity Futures Commodity Futures Trading Commission RULES Annual Adjustment of Civil Monetary Penalties To Reflect Inflation, 7802-7804 2021-00897 Election Election Assistance Commission NOTICES Meetings; Sunshine Act, 7863 2021-02197 Energy Department Energy Department See Federal Energy Regulatory Commission RULES Energy Conservation Program: Test Procedures for Small Electric Motors and Electric Motors, 7798-7799 2021-02035 Procedures for the Issuance of Guidance Documents, 7799 2021-02036 Environmental Protection Environmental Protection Agency NOTICES Request for Nominations:

National Environmental Justice Advisory Council, 7866-7867 2021-02154 Federal Aviation Federal Aviation Administration RULES Special Conditions: TC Inter-Informatics A.S., Airbus Model A330?243 Airplane; Single-Occupant, Oblique (Side-Facing) Seats With Inflatable Lapbelts, 7799-7802 2021-02139 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Renewal of AVIATOR Customer Satisfaction Survey, 7919-7920 2021-02130 Federal Communications Federal Communications Commission PROPOSED RULES Petition for Reconsideration of Action in Proceeding, 7839 2021-01579 Federal Election Federal Election Commission NOTICES Price Index Adjustments for Contribution and Expenditure Limitations and Lobbyist Bundling Disclosure Threshold, 7867-7869 2021-02173 Federal Energy Federal Energy Regulatory Commission NOTICES Application:

Duke Energy Carolinas, LLC, 7864-7865 2021-02147 Combined Filings, 7865-7866 2021-02149 Settlement Agreement: Village of Gouverneur, NY, 7863-7864 2021-02153 Federal Highway Federal Highway Administration PROPOSED RULES National Standards for Traffic Control Devices: Manual on Uniform Traffic Control Devices for Streets and Highways; Revision, 7838-7839 2021-01440 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 7869-7870 2021-02148 Federal Trade Federal Trade Commission NOTICES Revised Jurisdictional Thresholds for Section 7A of the Clayton Act, 7870 2021-02110 Financial Crimes Financial Crimes Enforcement Network RULES Inflation Adjustment of Civil Monetary Penalties, 7810 C1-2021-01919 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Inspector General Office, Health and Human Services Department NOTICES Fifth Amendment to Declaration Under the Public Readiness and Emergency Preparedness Act for Medical Countermeasures Against COVID-19, 7872-7876 2021-02174 Homeland Homeland Security Department See Coast Guard Inspector General Health Inspector General Office, Health and Human Services Department RULES Fraud and Abuse:

Removal of Safe Harbor Protection for Rebates Involving Prescription Pharmaceuticals and Creation of New Safe Harbor Protection for Certain Point-of-Sale Reductions in Price on Prescription Pharmaceuticals and Certain Pharmacy Benefit Manager Service Fees, 7815 2021-02132 Interior Interior Department See Office of Natural Resources Revenue International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: 1,1,1,2-Tetrafluoroethane (R-134a) From the People's Republic of China, 7854-7855 2021-02167 Cast Iron Soil Pipe Fittings From the People's Republic of China, 7852-7854 2021-02152 Opportunity To Request Administrative Review, 7855-7858 2021-02151 Polyethylene Terephthalate Film, Sheet, and Strip From the United Arab Emirates, 7858-7859 2021-02168 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Certain Active Matrix OLED Display Devices and Components Thereof, 7878-7879 2021-02135 Granular Polytetrafluoroethylene

(PTFE)Resin From India and Russia, 7876-7877 2021-02108 Preserved Mushrooms From Chile, China, India, and Indonesia, 7877-7878 2021-02156 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: 2018?2020 Survey of State Criminal History Information Systems, 7879-7880 2021-02129 2021 Identity Theft Supplement, 7880-7881 2021-02125 Application and Permit for Permanent Exportation of Firearms (National Firearms Act), 7879 2021-02120 Labor Department Labor Department See Occupational Safety and Health Administration RULES Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service; Correction, 7807-7808 2021-02169 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Apprenticeship Evidence-Building Portfolio, 7881-7883 2021-02111 Merit Merit Systems Protection Board RULES Civil Monetary Penalty Inflation Adjustment, 7797-7798 2021-00932 NASA National Aeronautics and Space Administration NOTICES Meetings: Planetary Science Advisory Committee, 7883 2021-02159 National Institute National Institute of Standards and Technology NOTICES Consortium for the Advancement of Genome Editing, 7859-7860 2021-02136 Meetings: Information Security and Privacy Advisory Board, 7860 2021-02137 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Caribbean, Gulf of Mexico, and South Atlantic: Coastal Migratory Pelagic Resources of the Gulf of Mexico and Atlantic Region; 2020?2021 Closure of Commercial Run-Around Gillnet for King Mackerel, 7815-7816 2021-02134 Fisheries of the Exclusive Economic Zone Off Alaska: Pacific Cod by Catcher Vessels Greater Than or Equal to 60 feet Length Overall Using Pot Gear in the Bering Sea and Aleutian Islands Management Area; Closure, 7817-7818 2021-02127 Pacific Cod by Catcher Vessels Less Than 60 Feet (18.3 Meters) Length Overall Using Hook-and-Line or Pot Gear in the Bering Sea and Aleutian Islands Management Area, 7818 2021-02133 Pacific Cod by Vessels Using Pot Gear in the Central Regulatory Area of the Gulf of Alaska; Closure, 7816-7817 2021-02121 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Southeast Region Logbook Family of Forms, 7861-7862 2021-02165 Meetings: Gulf of Mexico Fishery Management Council, 7861 2021-02114 Pacific Fishery Management Council, 7860-7861 2021-02113 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Major Facilities Guide, 7884-7885 2021-02140 Permit Applications: Antarctic Conservation Act, 7883-7884 2021-02170 Nuclear Regulatory Nuclear Regulatory Commission PROPOSED RULES Approval of American Society of Mechanical Engineers' Code Cases, 7820-7838 2021-00890 Regulatory Basis: Items Containing Byproduct Material Incidental to Production, 7819-7820 2021-02158 NOTICES Facility Operating Licenses: Applications and Amendments Involving Proposed No Significant Hazards Considerations and Containing Sensitive Unclassified Non-Safeguards Information and Order Imposing Procedures for Access to Sensitive Unclassified Non-Safeguards Information, 7885-7892 2021-01310 Requests for Nominations: Advisory Committee on the Medical Uses of Isotopes, 7892 2021-02112 Occupational Safety Health Adm Occupational Safety and Health Administration RULES Rules of Practice and Procedure Concerning Filing and Service and Amended Rules Concerning Filing and Service; Correction, 7807-7808 2021-02169 Natural Resources Office of Natural Resources Revenue RULES Inflation Adjustments to Civil Monetary Penalty Rates, 7808-7810 2021-01502 Presidential Documents Presidential Documents EXECUTIVE ORDERS Medicaid and Patient Protection and Affordable Care Act; Strengthening Efforts (EO 14009), 7793-7795 2021-02252 ADMINISTRATIVE ORDERS Foreign Assistance Act of 1961; Delegation of Authority (Memorandum of January 13, 2021), 7787 2021-02250 National Defense Authorization Act for FY 2012; Presidential Determination (Presidential Determination No. 2021?03 of January 14, 2021), 7789-7791 2021-02251 Rural Housing Service Rural Housing Service NOTICES Solicitation of Applicants: Section 514 Off-Farm Labor Housing Loans and Section 516 Off-Farm Labor Housing Grants for New Construction for Fiscal Year 2021, 7840-7852 2021-02193 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7906-7907, 7913, 7917-7918 2021-02122 2021-02123 2021-02124 2021-02126 Application: Hamilton Lane Private Assets Fund, et al., 7892-7900 2021-02179 Determination: Securities Investor Protection Corp., 7900-7902 2021-02128 Order: Review Of Financial Accounting Standards Board Accounting Support Fee for 2021 Under the Sarbanes-Oxley Act, 7913-7914 2021-02171 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BYX Exchange, Inc., 7914-7917 2021-02117 Cboe BZX Exchange, Inc., 7907-7909 2021-02116 Cboe EDGA Exchange, Inc., 7909-7913 2021-02118 Cboe EDGX Exchange, Inc., 7902-7905 2021-02119 New York Stock Exchange LLC, 7905-7906 2021-02115 Small Business Small Business Administration NOTICES Major Disaster Declaration: Alabama, Amendment 2; Public Assistance Only, 7918 2021-02142 Louisiana, Amendment 1; Public Assistance Only, 7919 2021-02143 State Department State Department RULES Civil Monetary Penalties Inflationary Adjustment, 7804-7807 2021-00668 NOTICES Meetings: Overseas Schools Advisory Council, 7919 2021-02157 Transportation Department Transportation Department See Federal Aviation Administration See Federal Highway Administration Treasury Treasury Department See Financial Crimes Enforcement Network Veteran Affairs Veterans Affairs Department RULES Federal Civil Penalties Inflation Adjustment Act Amendments, 7811-7813 2021-01335 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Vetbiz Vendor Information Pages Verification Program, 7920-7921 2021-02166 Draft Criteria for Section 203 of the MISSION Act, 7921-7923 2021-02138 Privacy Act; Systems of Records, 7923-7926 2021-01647 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. 86 20 Tuesday, February 2, 2021 Rules and Regulations MERIT SYSTEMS PROTECTION BOARD 5 CFR Part 1201 Civil Monetary Penalty Inflation Adjustment AGENCY: Merit Systems Protection Board. ACTION: Final rule. SUMMARY: This final rule adjusts the level of civil monetary penalties

(CMPs)in regulations maintained and enforced by the Merit Systems Protection Board

(MSPB)with an annual adjustment under the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) and Office of Management and Budget

(OMB)guidance. DATES: This final rule is effective on February 2, 2021. FOR FURTHER INFORMATION CONTACT: Jennifer Everling, Acting Clerk of the Board, Merit Systems Protection Board, 1615 M Street NW, Washington, DC 20419; Phone:

(202)653-7200; Fax:

(202)653-7130; or email: *mspb@mspb.gov.* SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act of 1990 (the 1990 Act), Public Law 101-410, provides for the regular evaluation of CMPs by Federal agencies. Periodic inflationary adjustments of CMPs ensure that the consequences of statutory violations adequately reflect the gravity of such offenses and that CMPs are properly accounted for and collected by the Federal Government. In April 1996, the 1990 Act was amended by the Debt Collection Improvement Act of 1996 (the 1996 Act), Public Law 104-134, requiring Federal agencies to adjust their CMPs at least once every four years. However, because inflationary adjustments to CMPs were statutorily capped at ten percent of the maximum penalty amount, but only required to be calculated every four years, CMPs in many cases did not correspond with the true measure of inflation over the preceding four-year period, leading to a decline in the real value of the penalty. To remedy this decline, the 2015 Act (section 701 of Pub. L. 114-74) requires agencies to adjust CMP amounts with annual inflationary adjustments through a rulemaking using a methodology mandated by the legislation. The purpose of these adjustments is to maintain the deterrent effect of civil penalties. A civil monetary penalty is “any penalty, fine, or other sanction” that:

(1)“is for a specific amount” or “has a maximum amount” under Federal law; and

(2)a Federal agency assesses or enforces “pursuant to an administrative proceeding or a civil action in the Federal courts.” 28 U.S.C. 2461 note. The MSPB is authorized to assess CMPs pursuant to 5 U.S.C. 1215(a)(3) and 5 U.S.C. 7326 in disciplinary actions brought by the Special Counsel. The corresponding MSPB regulation for both CMPs is 5 CFR 1201.126(a). As required by the 2015 Act, and pursuant to guidance issued by the OMB, the MSPB is now making an annual adjustment for 2021, according to the prescribed formulas. II. Calculation of Adjustment The CMP listed in 5 U.S.C. 1215(a)(3) was established in 1978 with the enactment of the Civil Service Reform Act of 1978 (CSRA), Public Law 95-454, section 202(a), 92 Stat. 1121-30 (Oct. 13, 1978), and originally codified at 5 U.S.C. 1207(b). That CMP was last amended by section 106 of the Whistleblower Protection Enhancement Act of 2012, Public Law 112-199, 12 Stat. 1468 (Nov. 27, 2012), now codified at 5 U.S.C. 1215(a)(3), which provided for a CMP “not to exceed $1,000.” The CMP authorized in 5 U.S.C. 7326 was established in 2012 by section 4 of the Hatch Act Modernization Act of 2012 (Hatch Act), Public Law 112-230, 126 Stat. 1617 (Dec. 28, 2012), which provided for a CMP “not to exceed $1,000.” On March 4, 2020, the MSPB issued a final rule which increased the maximum CMP allowed under both 5 U.S.C. 1215(a)(3) and 5 U.S.C. 7326 to $1,112 for the year 2020. *See* 85 FR 12723 (Mar. 4, 2020). This increase reflected the annual increase for the year 2020 mandated by the 2015 Act. On December 23, 2020, OMB issued guidance on calculating the annual inflationary adjustment for 2021. *See* Memorandum from Russell T. Vought, Dir., OMB, to Heads of Executive Departments and Agencies re: Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, M-21-10 (Dec. 23, 2020). Therein, OMB notified agencies that the annual adjustment multiplier for 2021, based on the Consumer Price Index for All Urban Consumers (CPI-U), is 1.01182 and that the 2021 annual adjustment amount is obtained by multiplying the 2020 penalty amount by the 2021 annual adjustment multiplier, and rounding to the nearest dollar. Therefore, the new maximum penalty under the CSRA and the Hatch Act is $1,112 × 1.01182 = $1,125.14, which rounds to $1,125. III. Effective Date of Penalties The revised CMP amounts will go into effect on February 2, 2021. All violations for which CMPs are assessed after the effective date of this rule will be assessed at the adjusted penalty level regardless of whether the violation occurred before the effective date. IV. Procedural Requirements A. Administrative Procedure Act Pursuant to 5 U.S.C. 553(b), the MSPB has determined that good cause exists for waiving the general notice of proposed rulemaking and public comment procedures as to these technical amendments. The notice and comment procedures are being waived because Congress has specifically exempted agencies from these requirements when implementing the 2015 Act. The 2015 Act explicitly requires the agency to make subsequent annual adjustments notwithstanding 5 U.S.C. 553, the section of the Administrative Procedure Act that normally requires agencies to engage in notice and comment. It is also in the public interest that the adjusted rates for CMPs under the CSRA and the Hatch Act become effective as soon as possible to maintain their effective deterrent effect. B. Regulatory Impact Analysis: E.O. 12866 The MSPB has determined that this is not a significant regulatory action under E.O. 12866. Therefore, no regulatory impact analysis is required. C. Regulatory Flexibility Act The Regulatory Flexibility Act

(RFA)requires an agency to prepare a regulatory flexibility analysis for rules unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. The RFA applies only to rules for which an agency is required to first publish a proposed rule. *See* 5 U.S.C. 603(a) and 604(a). As discussed above, the 2015 Act does not require agencies to first publish a proposed rule when adjusting CMPs within their jurisdiction. Thus, the RFA does not apply to this final rule. D. Paperwork Reduction Act This document does not contain information collection requirements subject to the Paperwork Reduction Act of 1995, Public Law 104-13 (44 U.S.C. Chapter 35). E. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801, *et seq.* ), the Office of Information and Regulatory Affairs designated this rule as not a “major rule” as defined by 5 U.S.C. 804(2). List of Subjects in 5 CFR Part 1201 Administrative practice and procedure, Civil rights, Government employees. For the reasons set forth above, 5 CFR part 1201 is amended as follows: PART 1201—PRACTICES AND PROCEDURES 1. The authority citation for part 1201 continues to read as follows: Authority: 5 U.S.C. 1204, 1305, and 7701, and 38 U.S.C. 4331, unless otherwise noted. § 1201.126 [Amended] 2. Section 1201.126 is amended in paragraph

(a)by removing “$1,112” and adding in its place “$1,125”. Jennifer Everling, Acting Clerk of the Board. Editorial Note: This document was received for publication by the Office of the Federal Register on January 12, 2021. [FR Doc. 2021-00932 Filed 2-1-21; 8:45 am]

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