Unknown. Final rule

5,530 words·~25 min read·/register/2023/02/15/2023-03142·

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-2023-02-15.xml --- 88 31 Wednesday, February 15, 2023 Contents Administrative Administrative Conference of the United States NOTICES Identifying and Reducing Burdens in Administrative Processes, 9851-9852 2023-03181 Agriculture Agriculture Department See Animal and Plant Health Inspection Service See Farm Service Agency See Forest Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Export Health Certificate for Animal Products, 9852-9853 2023-03137 Imports: Fresh Mango (Mangifera indica L.) Fruit From Grenada, 9855 2023-03133 Fresh Oha Leaves (Pterocarpus mildbraedii) From Nigeria, 9854-9855 2023-03136 List of Regions Affected With African Swine Fever: Kingdom of Thailand and the Republic of North Macedonia; Addition, 9853-9854 2023-03134 Army Army Department NOTICES Meetings: Board of Visitors for the Western Hemisphere Institute for Security Cooperation, 9874 2023-03219 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare and Medicaid Programs:

Disclosures of Ownership and Additional Disclosable Parties Information for Skilled Nursing Facilities and Nursing Facilities, 9820-9830 2023-02993 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9883 2023-03149 Civil Rights Civil Rights Commission NOTICES Meetings: Iowa Advisory Committee, 9858 2023-03202 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Defense Department Defense Department See Army Department Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Guidance:

Implementing the Maintaining and Enhancing Hydroelectricity Incentives, 9874-9876 2023-03201 Request for Information: Foundation for Energy Security and Innovation, 9876-9878 2023-03199 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: Pydiflumetofen, 9753-9756 2023-03210 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: California; Eastern Kern Air Pollution Control District, 9816-9819 2023-03197 Finding of Failure to Attain the 1987 24-Hour Fine Particulate Matter Standards;

Pinal County, AZ, 9812-9816 2023-03198 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Pollution Prevention Grantee Data Collection in Standard Electronic Format, 9879-9880 2023-03139 Inventory of U.S. Greenhouse Gas Emissions and Sinks: 1990-2021, 9881-9882 2023-01575 Request for Nominations: Experts to Serve on a Review Panel, 9880-9881 2023-03194 Farm Service Farm Service Agency NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Inventory Property Management, 9855-9856 2023-03211 Federal Aviation Federal Aviation Administration PROPOSED RULES Airworthiness Directives: Airbus SAS Airplanes, 9776-9779 2023-03141 The Boeing Company Airplanes, 9773-9776 2023-03138 NOTICES Airport Property: Crystal Airport, Minneapolis, MN, 9953-9954 2023-03140 Federal Communications Federal Communications Commission RULES Disruptions to Communications; Improving 911 Reliability, 9756-9765 2023-01479 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 9878-9879 2023-03203 2023-03207 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 9882 2023-03200 Federal Motor Federal Motor Carrier Safety Administration NOTICES Carrier Safety Measurement System, 9954-9960 2023-02947 Exemption Applications:

Qualification of Drivers; Epilepsy and Seizure Disorders, 9960-9961 2023-03214 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 9882 2023-03226 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: Removal of the Southeast U.S. Distinct Population Segment of the Wood Stork, 9830-9850 2023-03123 NOTICES Meetings: Theodore Roosevelt Genius Prize Advisory Council, 9903-9904 2023-03135 Taking or Importing of Marine Mammals:

Harassment Authorization for the Southern Beaufort Sea Stock of Polar Bears in the Prudhoe Bay Unit of the North Slope of Alaska, 9891-9903 2023-03185 Food and Drug Food and Drug Administration NOTICES Guidance: Compounding Certain Ibuprofen Oral Suspension Products Under Section 503B of the Federal Food, Drug, and Cosmetic Act, 9883-9885 2023-03158 Foreign Assets Foreign Assets Control Office RULES Publication of Russian Harmful Foreign Activities Sanctions Regulations Web General Licenses 6C, 28B, and 54A, 9752-9753 2023-03234 Forest Forest Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Special Use Administration, 9856-9858 2023-03209 General Services General Services Administration RULES Acquisition Regulation: Immediate and Highest Level Owner for High-Security Leased Space; Technical Amendment, 9765-9766 2023-03143 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES National Vaccine Injury Compensation Program:

List of Petitions Received, 9885-9887 2023-03184 Homeland Homeland Security Department See U.S. Customs and Border Protection RULES Acquisition Regulation: United States Coast Guard Contract Termination Policy, 9766-9772 2023-02318 Housing Housing and Urban Development Department RULES Civil Monetary Penalty Inflation Adjustment, 9745-9749 2023-03142 Interior Interior Department See Fish and Wildlife Service See National Park Service See Ocean Energy Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Certain Carbon and Alloy Steel Cut-to-Length Plate From the People's Republic of China and the Republic of Korea, 9865-9869 2023-03213 Certain Steel Nails From the Republic of Korea, 9863-9865 2023-03156 Xanthan Gum From the People's Republic of China, 9861-9863 2023-03157 Approved Trade Mission, 9858-9861 2023-03228 International Trade Com International Trade Commission NOTICES Meetings; Sunshine Act, 9909 2023-03301 Labor Department Labor Department See Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Alliance Program, 9910 2023-03182 National Archives National Archives and Records Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9910-9911 2023-03242 National Endowment for the Humanities National Endowment for the Humanities NOTICES Meetings: Humanities Panel, 9911-9913 2023-03150 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Humanities National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 9888-9889 2023-03172 National Institute of Allergy and Infectious Diseases, 9887-9888 2023-03173 National Institute of Diabetes and Digestive and Kidney Diseases, 9887 2023-03175 National Institute of General Medical Sciences, 9887 2023-03174 National Labor National Labor Relations Board PROPOSED RULES Representation—Case Procedures: Election Bars; Proof of Majority Support in Construction Industry Collective-Bargaining Relationships, 9796 2023-03215 National Oceanic National Oceanic and Atmospheric Administration NOTICES Environmental Assessments;

Availability, etc.: Funding, Procurement, and Operation of Small Uncrewed Aircraft Systems, 9872-9873 2023-03222 Meetings: Gulf of Mexico Fishery Management Council, 9869-9870 2023-03145 Mid-Atlantic Fishery Management Council, 9870 2023-03146 Pacific Fishery Management Council, 9869, 9873-9874 2023-03144 2023-03220 2023-03221 Permits; Applications, Issuances, etc.: Magnuson-Stevens Act Provisions; General Provisions for Domestic Fisheries; Application for Exempted Fishing, 9871-9872 2023-03171 Marine Mammals;

File No. 27272, 9870-9871 2023-03132 National Park National Park Service NOTICES Inventory Completion: Antonio J. Waring, Jr. Archaeological Laboratory, University of West Georgia, Carrollton, GA, 9904-9905 2023-03235 Auburn University, Auburn, AL, and the U. S. Department of Agriculture, Forest Service, National Forests in Alabama, Montgomery, AL, 9905-9906 2023-03237 Field Museum of Natural History, Chicago, IL, 9906-9907 2023-03238 Kansas State University, Manhattan, KS; Amendment, 9908-9909 2023-03240 2023-03241 Seminole Tribe of Florida, Clewiston, FL, 9907-9908 2023-03239 University of Northern Colorado, Greeley, CO, 9905 2023-03236 National Science National Science Foundation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: United States Antarctic Program Climate Survey, 9913-9914 2023-03153 Occupational Safety Health Adm Occupational Safety and Health Administration PROPOSED RULES Occupational Safety and Health: Arizona State Plan; Proposed Reconsideration and Revocation; Withdrawal, 9796-9797 2023-03183 Ocean Energy Management Ocean Energy Management Bureau RULES Civil Monetary Penalty Inflation Adjustment: Oil, Gas, and Sulfur Operations in the Outer Continental Shelf, 9749-9752 2023-03217 PROPOSED RULES Protection of Marine Archaeological Resources, 9797-9812 2023-02903 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Special Financial Assistance Information, 9914-9915 2023-03159 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Hazardous Materials: Actions on Special Permits, 9962-9963 2023-03205 Applications for Special Permits, 9961-9962, 9964 2023-03204 2023-03208 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 9928-9929, 9937-9938, 9945 2023-03231 2023-03232 2023-03233 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Customer Account Statements, 9929 2023-03154 Ombudsman Matter Management System Submission Form, 9929-9930 2023-03230 Self-Regulatory Organizations; Proposed Rule Changes: Cboe BZX Exchange, Inc., 9940-9941 2023-03162 Cboe EDGX Exchange, Inc., 9942-9945 2023-03160 Cboe Exchange, Inc., 9938-9940 2023-03161 Financial Industry Regulatory Authority, Inc., 9945-9946 2023-03163 Investors Exchange, LLC, 9925-9928 2023-03164 Miami International Securities Exchange, LLC, 9919-9921 2023-03165 NYSE American, LLC, 9934-9937 2023-03167 NYSE Arca, Inc., 9915-9919 2023-03168 NYSE Chicago, Inc., 9922-9925 2023-03169 NYSE National, Inc., 9930-9934 2023-03166 Small Business Small Business Administration RULES Small Business Size Standards:

Manufacturing and Industries with Employee-Based Size Standards in Other Sectors Except Wholesale Trade and Retail Trade, 9970-10009 2023-02780 NOTICES Disaster Declaration: Alaska, 9947 2023-03190 Louisiana, 9946 2023-03189 Exemption Under the Small Business Investment Act, Conflicts of Interest: LFE Growth Fund III, LP; LFE Growth Fund IV, LP, 9946-9947 2023-03188 Surrender of License of Small Business Investment Company: GCM Grosvenor California Impact SBIC Fund, LP, 9946 2023-03187 Salem Investment Partners III, LP, 9946 2023-03186 Spell Capital Mezzanine Partners SBIC, LP, 9947 2023-03191 Social Social Security Administration PROPOSED RULES Omitting Food From In-Kind Support and Maintenance Calculations, 9779-9796 2023-02731 NOTICES Privacy Act;

Matching Program, 9947-9948 2023-03155 State Department State Department NOTICES Bureau of Political-Military Affairs, Directorate of Defense Trade Controls: Notifications to the Congress of Proposed Commercial Export Licenses, 9948-9953 2023-03170 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Pipeline and Hazardous Materials Safety Administration See Transportation Statistics Bureau Transportation Statistics Transportation Statistics Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Report of Traffic and Capacity Statistics—The T-100 System, 9964-9966 2023-03224 Treasury Treasury Department See Foreign Assets Control Office Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Declaration of Owner and Declaration of Consignee When Entry Is Made by an Agent, 9889-9890 2023-03206 Deferral of Duty on Large Yachts Imported for Sale, 9890 2023-03192 Meetings:

Forced Labor Technical Expo, 9891 2023-03227 Veteran Affairs Veterans Affairs Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Edith Nourse Rogers Stem Scholarship, 9966-9967 2023-03152 Separate Parts In This Issue Part II Small Business Administration, 9970-10009 2023-02780 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. 88 31 Wednesday, February 15, 2023 Rules and Regulations DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT 24 CFR Parts 28, 30, 87, 180, and 3282 [Docket No. FR-6375-F-01] Adjustment of Civil Monetary Penalty Amounts for 2023 AGENCY: Office of the General Counsel, HUD.

ACTION: Final rule. SUMMARY: This rule provides for 2023 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 (the 2015 Act). This rule also revises HUD's policy and applies annually adjusted penalty amounts to the date the penalty is assessed after the effective date of the rule (if the violation occurred after the enactment of the 2015 Act).

DATES: This final rule is effective March 17, 2023. FOR FURTHER INFORMATION CONTACT: Aaron Santa Anna, Associate General Counsel for Legislation and Regulations, Office of the General Counsel, Department of Housing and Urban Development, 451 7th Street SW, Room 10276, Washington, DC 20024; telephone number 202-402-5138 (this is not a toll-free number). HUD welcomes and is prepared to receive calls from individuals who are deaf or hard of hearing, as well as individuals with speech or communication disabilities.

To learn more about how to make an accessible telephone call, please visit *https://www.fcc.gov/consumers/guides/telecommunications-relay-service-trs.* 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 during the rulemaking process. 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 2023. 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 2023 is 1.07745. 1 Pursuant to the 2015 Act, adjustments are rounded to the nearest dollar. 2 1 Office of Management and Budget, M-23-05-, Memorandum for the Heads of Executive Departments and Agencies, Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. *https://www.whitehouse.gov/wp-content/uploads/2022/12/M-23-05-CMP-CMP-Guidance.pdf* ). (October 2022 CPI-U (298.012)/October 2021 CPI-U (276.589) = 1.07745.) 2 28 U.S.C. 2461 note. II. This Final Rule A. Required 2023 Inflation Adjustments This final rule makes the required 2023 inflation adjustment of HUD's civil money penalty amounts. The 2023 increases apply to penalties assessed on or after this rule's effective date. HUD provides a table showing how, for each component, the penalties are being adjusted for 2023 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 2022 adjustment (87 FR 24418, April 26, 2022). In the fifth column (“2023 Adjusted Amount”), HUD lists the penalty after applying the 2023 inflation adjustment. Description Statutory citation Regulatory citation (24 CFR) Previous amount 2023 Adjusted amount False Claims Omnibus Budget Reconciliation Act of 1986 (31 U.S.C. 3802(a)(1)) § 28.10(a) $12,537 $13,508. False Statements Omnibus Budget Reconciliation Act of 1986 (31 U.S.C. 3802(a)(2)) § 28.10(b) $12,537 $13,508. Advance Disclosure of Funding Department of Housing and Urban Development Act (42 U.S.C. 3537a(c)) § 30.20 $22,021 $23,727. Disclosure of Subsidy Layering Department of Housing and Urban Development Act (42 U.S.C. 3545(f)) § 30.25 $22,021 $23,727. FHA Mortgagees and Lenders Violations HUD Reform Act of 1989 (12 U.S.C. 1735f-14(a)(2)) § 30.35 Per Violation: $11,011 Per Year: $2,202,123 Per Violation: $11,864. Per Year: $2,372,677. Other FHA Participants Violations HUD Reform Act of 1989 (12 U.S.C. 1735f-14(a)(2)) § 30.36 Per Violation: $11,011 Per Year: $2,202,123 Per Violation: $11,864. Per Year: $2,372,677. Indian Home Loan Guarantee Lender or Holder Violations Housing Community Development Act of 1992 (12 U.S.C. 1715z-13a(g)(2)) § 30.40 Per Violation: $11,011 Per Year: $2,202,123 Per Violation: $11,864. Per Year: $2,372,677. Multifamily & Section 202 or 811 Owners Violations HUD Reform Act of 1989 (12 U.S.C. 1735f-15(c)(2)) § 30.45 $55,052 $59,316. Ginnie Mae Issuers & Custodians Violations HUD Reform Act of 1989 (12 U.S.C. 1723i(a)) § 30.50 Per Violation: $11,011 Per Year: $2,202,123 Per Violation: $11,864. Per Year: $2,372,677. Title I Broker & Dealers Violations HUD Reform Act of 1989 (12 U.S.C. 1703) § 30.60 Per Violation: $11,011 Per Year: $2,202,123 Per Violation: $11,864. Per Year: $2,372,677. Lead Disclosure Violation Title X—Residential Lead-Based Paint Hazard Reduction Act of 1992 (42 U.S.C. 4852d(b)(1)) § 30.65 $19,507 $21,018. Section 8 Owners Violations Multifamily Assisted Housing Reform and Affordability Act of 1997 (42 U.S.C. 1437z-1(b)(2)) § 30.68 $42,788 $46,102. Lobbying Violation The Lobbying Disclosure Act of 1995 (31 U.S.C. 1352) § 87.400 Min: $22,021 Max: $220,213 Min: $23,727. Max: $237,268. Fair Housing Act Civil Penalties Fair Housing Act (42 U.S.C. 3612(g)(3)) § 180.671(a) No Priors: $23,011 One Prior: $57,527 Two or More Priors: $115,054 No Priors: $24,793. One Prior: $61,982. Two or More Priors: $123,965. Manufactured Housing Regulations Violation Housing Community Development Act of 1974 (42 U.S.C. 5410) § 3282.10 Per Violation: $3,198 Per Year: $3,997,550 Per Violation: $3,446. Per Year: $4,307,160. B. HUD's Policy Change: Applying Adjusted Penalties to Violations Assessed After the Effective Date of the Rule This final rule also revises HUD's policy to apply annually adjusted penalties to violations assessed after the effective date of each annual adjustment (if the violation occurred after the enactment of the 2015 Act). Since the enactment of the 2015 Act, HUD has not applied the adjustments retroactively and provided that the inflation-adjusted penalty amounts applied to violations occurring on or after the rule's effective date. On September 21, 2022, HUD published a notice entitled, “Adjustment of Civil Monetary Penalty Amounts: Request for Comments” (87 FR 57655) which announced that HUD was considering revising its policy regarding how it implements the annual inflation-adjusted civil money penalties. Specifically, HUD stated that it was considering applying the adjusted penalties to the date that the penalty was assessed rather than to the date the violation occurred. HUD explained its consideration to revise the regulation came after revisiting Section 6 of the 2015 Act, the Office of Management and Budget guidance (M-22-07), and a review of the penalty adjustments published by other Federal agencies. Through this notice of request for information, HUD sought public input on the impact of applying increased penalty amounts on the date the penalty is assessed rather than the date of the violation. In response to HUD's request for comment, HUD received one comment signed by 25 fair housing organizations. The comment supported HUD's proposal to apply increased penalty amounts to the date the penalty is assessed. The comment stated that the policy change would bring HUD in line with other Federal agencies which tie penalties to the date of assessment rather than the date of violation. The comment asserted that revising HUD's policy regarding when it imposes adjusted penalty amounts would help deter violations of the Fair Housing Act. Additionally, the organizations pointed out that a lengthy period of time may pass between when a violation occurs and when damages and civil penalties are awarded. The comment explained that the time between these events could be substantial since after a violation it may take time for a complaint to be filed, and then an investigation is conducted, a determination is issued, and a hearing is scheduled and held before civil penalties are awarded. The organizations also stated that when penalties are assessed as of the date of the violation, it defeats Congressional purpose: there is less of a deterrent effect because the amount is “outdated” and does not keep up with the cost of living. The comment letter also stated that assessing appropriate civil penalties in fair housing cases should not be underestimated, as it emphasizes the importance of complying with fair housing laws. Lastly, “to deter egregious behavior, to respond to the nature of the violation, and to protect the public interest in assuring that discriminatory conduct is not repeated,” the fair housing organizations believe it is important for HUD to institute a process that will permit the maximum inflation adjustments of civil penalty amounts when the penalty is determined justified and assessed. In considering the public comment and HUD's consideration and experience in implementing inflation-adjusted penalty amounts, HUD is announcing that it will apply the inflation-adjusted penalty amounts on the date the penalty is assessed rather than the date the violation occurred. HUD is making this change after revisiting Section 6 of the 2015 Act which provides that an “increase under this Act in a civil monetary penalty shall apply only to civil monetary penalties, including those whose associated violation predated such increase, which are assessed after the date the increase takes effect.” (28 U.S.C. 2461 note.) OMB guidance (M-22-07 and M-23-05), which provides the annual inflation multiplier also provides that the adjusted penalty applies to “penalties assessed after the effective date of the applicable adjustment.” Lastly, a review of the penalty adjustments published by other Federal agencies suggests that they apply the inflation-adjusted penalty amounts to penalties assessed after the date of the increase as long as the violation occurred after the enactment of the 2015 Act. III. Justification for Final Rulemaking for the 2023 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 2023 inflation adjustment, which HUD does not have discretion to change, and a change to HUD's policy to apply increased penalty amounts to the date the violation is assessed, which HUD issued a request for public comment for on September 21, 2022. 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 2023 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 2023 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 2023 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 or alter the requirements in any way, and, in any event, HUD would not have the discretion to make changes as a result of any comments. Additionally, regarding revising HUD's policy regarding determining implementing the inflation-adjusted penalties, HUD published a request for public comment on applying annually adjusted penalty amounts to violations assessed after the effective date of the rule (if the violation occurred after the enactment of the 2015 Act). IV. Findings and Certifications Regulatory Review—Executive Orders 12866 and 13563 Under Executive Order 12866 (Regulatory Planning and Review) (58 FR 51735), 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) (76 FR 3821) 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. 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. 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 identify 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. 1535. Executive Order 13132, Federalism Executive Order 13132 (entitled “Federalism”) (64 FR 43255) 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, Government employees, 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, Investigations, Manufactured homes, Reporting and recordkeeping requirements, Warranties. Accordingly, for the reasons described in the preamble, HUD amends 24 CFR parts 28, 30, 87, 180, and 3282 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 paragraphs (a)(1) introductory text and (b)(1) introductory text to read as follows: § 28.10 Basis for civil penalties and assessments.

(a)* * *

(1)A civil penalty of not more than $13,508 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)* * *

(1)A civil penalty of not more than $13,508 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 $23,727 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 $23,727 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) * * * The maximum penalty is $11,864 for each violation, up to a limit of $2,372,677 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)* * * The maximum penalty is $11,864 for each violation, up to a limit of $2,372,677 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)* * * The maximum penalty is $11,864 for each violation, up to a limit of $2,372,677 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 $59,316. 10. In § 30.50, revise the first sentence in paragraph

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

(c)* * * The maximum penalty is $11,864 for each violation, up to a limit of $2,372,677 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 $11,864 for each violation, up to a limit for any particular person of $2,372,677 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 $21,018 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 $46,102. 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 $23,727 and not more than $237,268 for each such expenditure.

(b)Any person who fails to file or amend the disclosure form (see appendix B to this part) to be filed or amended if required herein, shall be subject to a civil penalty of not less than $23,727 and not more than $237,268 for each such failure.

(e)First offenders under paragraph

(a)or

(b)of this section shall be subject to a civil penalty of $23,727, absent aggravating circumstances. Second and subsequent offenses by persons shall be subject to an appropriate civil penalty between $23,727 and $237,268 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)$24,793, 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)$61,982, 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)$123,965, 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 continues to read as follows: Authority: 15 U.S.C. 2967; 42 U.S.C. 3535(d), 5403, and 5424. 19. Revise § 3282.10 to read as follows: § 3282.10 Civil and criminal penalties. Failure to comply with these regulations 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 $3,446 for each violation, up to a maximum of $4,307,160 for any related series of violations occurring within one year from the date of the first violation. Damon Smith, General Counsel. [FR Doc. 2023-03142 Filed 2-14-23; 8:45 am]

Connectionstraces to 30

Traces to 30 documents

public-private-law