Unknown. Final rule

5,923 words·~27 min read·/register/2025/07/17/2025-13422·

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-2025-07-17.xml --- 90 135 Thursday, July 17, 2025 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Foreign Agricultural Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33358-33360 2025-13395 2025-13450 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare and Medicaid Programs: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems;

Quality Reporting Programs; Overall Hospital Quality Star Ratings; and Hospital Price Transparency, 33476-33865 2025-13360 NOTICES Hearings, Meetings, Proceedings, etc.: Medicare Program; Advisory Panel on Hospital Outpatient Payment, 33381-33383 2025-13428 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Domestic Victims of Human Trafficking Program Data, 33385-33386 2025-13455 Generic Clearance for Disaster Information Collection Forms, 33386-33388 2025-13357 Native Employment Works Plan Guidance and Native Employment Works Program Report, 33383-33384 2025-13438 Reallotment of Fiscal Year 2023 Funds for the Low Income Home Energy Program, 33384-33385 2025-13448 Commerce Commerce Department See International Trade Administration 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, 33370-33373 2025-13380 Commodity Credit Commodity Credit Corporation NOTICES Domestic Sugar Program: Fiscal Year 2025 Reassignment of the Overall Sugar Marketing Allotment, Cane Sugar and Beet Sugar Marketing Allotments, etc., 33360-33361 2025-13367 Drug Drug Enforcement Administration NOTICES Importer, Manufacturer or Bulk Manufacturer of Controlled Substances; Application, Registration, etc.: AMPAC Fine Chemicals LLC, 33397 2025-13454 AndersonBrecon, Inc.

DBA PCI Pharma Services, 33396-33397 2025-13451 Cerilliant Corp., 33399-33405 2025-13446 2025-13458 Curia Missouri Inc., 33397-33398 2025-13449 Curia New York, Inc., 33398 2025-13452 Education Department Education Department PROPOSED RULES Priorities, Requirements, Definitions, and Selection Criteria: Mental Health Service Professional Demonstration Grant Program, 33349-33353 2025-13385 School-Based Mental Health Services Grant Program, 33353-33357 2025-13384 Employment and Training Employment and Training Administration NOTICES Charter Amendments, Establishments, Renewals and Terminations:

Workforce Information Advisory Council, 33406-33407 2025-13457 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Pesticide Tolerance; Exemptions, Petitions, Revocations, etc.: Cypermethrin, 33277-33283 2025-13355 Significant New Uses: Certain Chemical Substances (24-3.5e), 33283-33299 2025-13363 Federal Aviation Federal Aviation Administration RULES Airspace Designations and Reporting Points:

Nantucket, MA, 33267-33268 2025-13382 Federal Communications Federal Communications Commission RULES Radio Broadcasting Services: Various Locations, 33332-33333 2025-13358 2025-13387 Federal Deposit Federal Deposit Insurance Corporation NOTICES Meetings; Sunshine Act, 33378 2025-13439 2025-13440 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 33373, 33376-33377 2025-13426 2025-13427 Effectiveness of Withdrawal of Notices of Intent: City of Holyoke Gas and Electric Department, 33378 2025-13445 Environmental Assessments;

Availability, etc.: Texas Eastern Transmission, LP, Appalachia to Market III Project, 33373-33374 2025-13442 Licenses; Exemptions, Applications, Amendments, etc.: Boott Hydropower, LLC, 33374-33376 2025-13443 Transfer of Exemption: Webster Hydro Electric Company, Inc, Webster Hydro LLC, 33377-33378 2025-13444 Federal Motor Federal Motor Carrier Safety Administration NOTICES Exemption Application: Commercial Driver's License; State of Hawaii, 33469-33470 2025-13433 Federal Reserve Federal Reserve System NOTICES Change in Bank Control:

Acquisitions of Shares of a Bank or Bank Holding Company, 33379 2025-13432 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 33379 2025-13431 Federal Trade Federal Trade Commission NOTICES Analysis of Proposed Consent Order to Aid Public Comment: Southern Health Solutions, Inc., et al., 33379-33381 2025-13407 Federal Transit Federal Transit Administration NOTICES Limitation on Claims against Proposed Public Transportation Project: Valley Link Rail Project:

Dublin/Pleasanton to Mountain House Community, CA, 33470-33471 2025-13459 Food and Drug Food and Drug Administration RULES Revocation of Food Standards for 11 Products Not Currently Sold, 33268-33272 2025-13421 PROPOSED RULES Proposal to Revoke 18 Standards of Identity for Dairy Products, 33334-33339 2025-13424 Proposal to Revoke 23 Standards of Identity for Foods, 33339-33346 2025-13420 Revocation of Food Standards for 11 Products Not Currently Sold, 33346-33349 2025-13423 NOTICES Guidance:

Development of Cancer Drugs for Use in Novel Combination—Determining the Contribution of the Individual Drugs' Effects, 33388-33389 2025-13366 Foreign Agricultural Foreign Agricultural Service NOTICES Determination of Total Amounts of Fiscal Year 2026 World Trade Organization Tariff-Rate Quotas: Raw Cane Sugar and Certain Sugars, Syrups and Molasses, 33361-33362 2025-13425 Health and Human Health and Human Services Department See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See National Institutes of Health PROPOSED RULES Medicare and Medicaid Programs:

Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems; Quality Reporting Programs; Overall Hospital Quality Star Ratings; and Hospital Price Transparency, 33476-33865 2025-13360 Interior Interior Department See Land Management Bureau See National Park Service Internal Revenue Internal Revenue Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 33471 2025-13410 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Identity Theft Affidavit, Business Identity Theft Affidavit, 33471-33472 2025-13408 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Extrusions from China, 33368-33369 2025-13389 Aluminum Extrusions from the People's Republic of China, 33367-33368 2025-13390 Fresh Tomatoes from Mexico, 33363-33366 2025-13453 Antidumping or Countervailing Duty Investigations, Orders, or Reviews;

Recission, 33362-33363 2025-13416 International Trade Com International Trade Commission NOTICES Investigations; Determinations, Modifications, and Rulings, etc.: Certain Organic Light-Emitting Diode Display Modules and Components Thereof, 33395-33396 2025-13364 Certain Polyvinylidene Fluoride Resins, 33394-33395 2025-13429 L-lysine from China, 33394 2025-13359 Justice Department Justice Department See Drug Enforcement Administration NOTICES Proposed Consent Decree: CERCLA, 33405-33406 2025-13441 Labor Department Labor Department See Employment and Training Administration Land Land Management Bureau RULES Rescission of Regulations Regarding Annual Fees for Oil Shale Placer Mining Claims, 33330-33332 2025-13391 Rescission of Regulations Regarding Competitive and Non-competitive Geothermal Leases, 33301-33303 2025-13404 Rescission of Regulations Regarding Existing Use and Occupancy Under the Mining Laws, 33313-33314 2025-13412 Rescission of Regulations Regarding Federal Land Policy and Management Act Documents, 33327-33328 2025-13413 Rescission of Regulations Regarding Geothermal Lease Royalty Rate Terms, 33307-33308 2025-13393 Rescission of Regulations Regarding Geothermal Leases, 33303-33305 2025-13394 Rescission of Regulations Regarding Geothermal Operations Plans and Drilling Permits, 33308-33310 2025-13392 Rescission of Regulations Regarding Hearings Procedures, 33299-33301 2025-13402 Rescission of Regulations Regarding Leasing of Solid Minerals other than Coal and Oil Shale, 33310-33313 2025-13403 Rescission of Regulations Regarding Mineral Locations Within National Forest Wilderness, 33321-33323 2025-13411 Rescission of Regulations Regarding Mining Claim and Millsite Use, 33314-33316 2025-13398 Rescission of Regulations Regarding Mining Claim Payments, 33325-33326, 33328-33330 2025-13397 2025-13400 Rescission of Regulations Regarding Plans of Operations for Mining Claims, 33316-33320 2025-13396 2025-13399 Rescission of Regulations Regarding Production Incentives for Geothermal Leases, 33305-33307 2025-13405 Rescission of Regulations Regarding Requirement for Filing Statement of Assessment Work, 33323-33325 2025-13414 Rescission of Regulations Regarding the Disposal of Reserved Minerals Under the Stockraising Homestead Act, 33320-33321 2025-13401 National Archives National Archives and Records Administration NOTICES Records Schedules, 33407-33408 2025-13386 National Institute National Institutes of Health NOTICES Hearings, Meetings, Proceedings, etc.:

Center for Scientific Review, 33390-33392 2025-13353 2025-13436 National Center for Advancing Translational Sciences, 33389-33390 2025-13369 National Institute of Allergy and Infectious Diseases, 33390-33391 2025-13434 2025-13435 National Institute on Minority Health and Health Disparities, 33391 2025-13368 National Oceanic National Oceanic and Atmospheric Administration NOTICES Charter Amendments, Establishments, Renewals and Terminations: Science Advisory Board, 33370 2025-13430 Hearings, Meetings, Proceedings, etc.:

Fisheries of the South Atlantic, Gulf of America, and Caribbean; Southeast Data, Assessment, and Review, 33369 2025-13456 South Atlantic Fishery Management Council, 33369-33370 2025-13447 National Park National Park Service NOTICES Intended Disposition: U.S. Department of the Interior, Bureau of Land Management, Winnemucca, NV, 33392-33393 2025-13381 Inventory Completion: Kansas State Historical Society, Topeka, KS, 33393-33394 2025-13383 Nuclear Regulatory Nuclear Regulatory Commission RULES Administrative False Claims Act, 33263-33267 2025-13422 NOTICES Exemption:

Constellation Energy Generation, LLC; Dresden Nuclear Power Station, Units 2 and 3; Quad Cities Nuclear Power Station, Units 1 and 2, 33408-33411 2025-13356 Meetings; Sunshine Act, 33411 2025-13379 NUREG: Issuance of Revised Subsequent License Renewal Guidance Documents, 33411-33413 2025-13388 Personnel Personnel Management Office NOTICES Privacy Act; Systems of Records, 33413-33415 2025-13362 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 33415-33416 2025-13406 Postal Service Postal Service RULES Administrative False Claims Act, 33272-33277 2025-13415 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Hostage-Taking and Wrongful Detention of U.S.

Nationals Abroad; Continuation of National Emergency (Notice of July 15, 2025), 33867-33869 2025-13515 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations; Proposed Rule Changes: BOX Exchange LLC, 33446-33449 2025-13373 Cboe BZX Exchange, Inc., 33445-33446, 33449 2025-13375 2025-13376 Miami International Securities Exchange, LLC, 33428-33437 2025-13370 MIAX Emerald, LLC, 33416-33425 2025-13372 MIAX PEARL, LLC, 33437-33445 2025-13371 MIAX Sapphire, LLC, 33449-33459 2025-13374 NYSE Arca, Inc., 33425-33428 2025-13378 NYSE Texas, Inc., 33459-33461 2025-13377 Social Social Security Administration NOTICES Privacy Act;

Matching Program, 33461-33462 2025-13409 State Department State Department NOTICES Bureau of Political-Military Affairs: Directorate of Defense Trade Controls; Notifications to the Congress of Proposed Commercial Export Licenses, 33462-33468 2025-13419 Hearings, Meetings, Proceedings, etc.: Preparation for International Maritime Organization III 11, 33468-33469 2025-13361 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration Treasury Treasury Department See Internal Revenue Service Veteran Affairs Veterans Affairs Department NOTICES Hearings, Meetings, Proceedings, etc.:

Advisory Committee on Tribal and Indian Affairs, 33473-33474 2025-13417 Requests for Nominations: Advisory Committee on Tribal and Indian Affairs, 33472-33473 2025-13418 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 33476-33865 2025-13360 Health and Human Services Department, 33476-33865 2025-13360 Part III Presidential Documents, 33867-33869 2025-13515 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. 90 135 Thursday, July 17, 2025 Rules and Regulations NUCLEAR REGULATORY COMMISSION 10 CFR Parts 12 and 13 [NRC-2025-0019] RIN 3150-AL31 Administrative False Claims Act of 2023 AGENCY: Nuclear Regulatory Commission. ACTION: Final rule.

SUMMARY: The U.S. Nuclear Regulatory Commission

(NRC)is amending its Program Fraud Civil Remedies Act (PFCRA) regulations to ensure compliance with the Administrative False Claims Act of 2023 (AFCA). The AFCA requires agencies to review and update existing regulations to ensure compliance with the AFCA amendments. This final rule includes changes to the NRC's PFCRA regulations required to meet the AFCA amendments and includes edits to correct typographical errors. DATES: This final rule is effective on July 17, 2025. ADDRESSES: Please refer to Docket ID NRC-2025-0019 when contacting the NRC about the availability of information for this action. You may obtain publicly available information related to this action by any of the following methods: • *Federal Rulemaking Website:* Go to *https://www.regulations.gov* and search for Docket ID NRC-2025-0019. Address questions about NRC dockets to Helen Chang; telephone: 301-415-3228; email: *Helen.Chang@nrc.gov* . For technical questions, contact the individual listed in the FOR FURTHER INFORMATION CONTACT section of this document. • *NRC's Agencywide Documents Access and Management System (ADAMS):* You may obtain publicly available documents online in the ADAMS Public Documents collection at *https://www.nrc.gov/reading-rm/adams.html.* To begin the search, select “Begin Web-based ADAMS Search.” For problems with ADAMS, please contact the NRC's Public Document Room

(PDR)reference staff at 1-800-397-4209, at 301-415-4737, or by email to *PDR.Resource@nrc.gov.* The unofficial redline strikeout version of the final rule changes to regulatory text is available in ADAMS under Accession No. ML25106A060. • *NRC's PDR:* The PDR, where you may examine and order copies of publicly available documents, is open by appointment. To make an appointment to visit the PDR, please send an email to *PDR.Resource@nrc.gov* or call 1-800-397-4209 or 301-415-4737, between 8 a.m. and 4 p.m. eastern time, Monday through Friday, except Federal holidays. FOR FURTHER INFORMATION CONTACT: Amy McKenna, Office of Nuclear Material Safety and Safeguards, U.S. Nuclear Regulatory Commission, Washington, DC 20555-0001; email: *Amy.McKenna@nrc.gov.* SUPPLEMENTARY INFORMATION: Table of Contents I. Background II. Discussion III. Rulemaking Procedure IV. Section-by-Section Analysis V. Regulatory Flexibility Act VI. Regulatory Analysis VII. Backfitting and Issue Finality VIII. Plain Writing IX. National Environmental Policy Act X. Paperwork Reduction Act XI. Regulatory Planning and Review XII. Congressional Review Act I. Background In 1986, Congress enacted the Program Fraud Civil Remedies Act (PFCRA), a statute that provides Federal agencies, when the U.S. Department of Justice

(DOJ)approves, a remedy to recover government losses resulting from false claims and fraud. Considered a “sister scheme” to the False Claims Act (FCA), a broader Federal law that allows the DOJ to pursue larger-scale fraud cases, PFCRA cases typically involved smaller claims and false statements that the DOJ may not otherwise select for criminal or civil enforcement. When it was enacted, the PFCRA required Federal agencies, including the NRC, to promulgate rules and regulations to implement the PFCRA's provisions (31 U.S.C. 3809). The NRC's implementing PFCRA regulations were finalized in 1991 (56 FR 47135) and are found in part 13 of title 10 of the *Code of Federal Regulations* (10 CFR), “Program Fraud Civil Remedies.” II. Discussion On December 23, 2024, the “Servicemember Quality of Life Improvement and National Defense Authorization Act for Fiscal Year 2025”

(NDAA)was signed into law. Found at Section 5203 of the NDAA is the AFCA, which amends and renames the PFCRA. The AFCA, 31 U.S.C. 3801-3812, requires Federal agencies to amend their existing regulations and procedures to comply with the statute no later than June 21, 2025. This final rule amends 10 CFR part 13, “Program Fraud Civil Remedies,” along with the references to the PFCRA contained in 10 CFR part 12, “Implementation of the Equal Access to Justice Act in Agency Proceedings,” to implement the following statutory changes consistent with the AFCA: • *Replacing all references to the PFCRA with the AFCA.* The NDAA changes the PFCRA's official short title to the AFCA and states that any reference to the PFCRA in any law, regulation, map, document, record, or other paper of the United States is now a reference to the AFCA. This final rule revises the statute title from the PFCRA to the AFCA throughout 10 CFR parts 12 and 13, including updating the referenced statute at §§ 12.101, “Purpose,” and 12.103, “Proceedings covered”; retitling the part heading at 10 CFR part 13; and updating the referenced statute at §§ 13.1, “Basis and purpose,” and 13.4, “Investigation.” • *Replacing the maximum recoverable amount through an AFCA case from $150,000 to $1 million.* Previously, the PFCRA only authorized Federal agencies to bring a case administratively for no more than $150,000 per claim (or groups of related claims). The AFCA raises the potential recovery amount for an AFCA claim (or groups of related claims) to $1 million. Accordingly, this final rule revises § 13.6, “Prerequisities for issuing a complaint,” to increase the amount of $150,000 to $1,000,000 at paragraph (a)(2). The civil penalty of not more than $14,308 for each such claim or statement remains the same in paragraphs (a)(1)(iv) and (b)(1)(ii) of § 13.3, “Basis for civil penalties and assessments.” Additionally, this final rule corrects, *i.e.,* retitles, the typographical error in the section heading of § 13.6, from “Prerequisities” to “Prerequisites.” • *Revising the regulations to state that any money collected goes first to reimburse the agency or any Federal entity that expended costs for investigation and prosecution costs, and then any excess would go to the U.S. Treasury.* Previously, under the PFCRA, a Federal agency would bear the costs of investigating and prosecuting a PFCRA case, and with limited exceptions not relevant to the NRC, all penalties or assessments would be deposited as miscellaneous receipts in the U.S. Treasury. The AFCA, in contrast, now provides that any penalty or assessment amount collected is first credited to the authority or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs, with only the remainder (if any) going to the U.S. Treasury as miscellaneous receipts. This final rule retitles the section heading for § 13.45, “Deposit in Treasury of United States,” to “Recovery of Costs and Deposit in Treasury of United States,” to align with the AFCA changes. • *Adding definitions for “material” and “obligation.”* The AFCA, 31 U.S.C. 3801(a), adopts by reference the definitions for the terms “material” and “obligation” from the False Claims Act, another Federal statute that allows the DOJ to pursue large-scale fraud cases. Previously, these terms were undefined in the PFCRA. As stated in the AFCA, “obligation” has the meaning given in the False Claims Act, 31 U.S.C. 3729(b), which defines the term to mean an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment. For purposes of determining AFCA liability for a false claim or statement submitted to the Government, materiality shall be determined in the same manner as under the False Claims Act, 31 U.S.C. 3729(b), which defines material to mean having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. Accordingly, this final rule adds a new definition for “obligation” in § 13.2, “Definitions,” and new paragraph

(f)to § 13.3 to reference the AFCA definition for “material.” • *Expanding the list of claims that Federal agencies can pursue.* The AFCA expands the list of claims that a Federal agency can pursue by imposing liability for submissions of “reverse false claims.” A reverse false claim is when a person acts improperly—not to get money from the Government—but to avoid having to pay money to the Government. The AFCA amends the provision defining one category of claims so that it now allows a Federal agency to pursue a claim against any person for an act that has the effect of concealing or improperly avoiding or decreasing an “obligation” (as newly defined under the AFCA amendments) to pay or transmit property, services, or money to the Government. This final rule revises the current definition of “Claim,” as used in this part at § 13.2, to describe concealing or improperly avoiding or decreasing an obligation. • *Revising the statute of limitations for an AFCA action.* The AFCA revises the statute of limitations for when a Federal agency can bring an AFCA action, both by giving agencies direct control over whether any given action will comply with the statute of limitations and by extending the statute of limitations period in certain situations. Previously, under the PFCRA, the statute of limitations for an AFCA action was met if the hearing was “commenced” within 6 years after the date of the alleged violation. The new statute of limitations for an AFCA action is that the agency must serve notice to the person alleged to be liable with respect to a claim or statement no later than the later of either:

(a)6 years after the date on which the violation is committed; or

(b)3 years after the date on which facts material to the action are known or reasonably should have been known by the agency, but in no event more than 10 years after the date on which the violation is committed. This final rule revises paragraphs

(a)and

(b)of § 13.47, “Limitations,” to align with this change under the AFCA. • *Adding a notification requirement for the reviewing official.* Under the AFCA, as was also true under the PFCRA, the reviewing official has the exclusive authority to compromise or settle any allegations of AFCA liability against a person at any time after the date on which the DOJ authorizes the case to move forward and prior to the date the presiding officer issues a decision. However, the AFCA now requires that the reviewing official notify the Attorney General in writing not later than 30 days before entering into any agreement to compromise or settle allegations of liability under the AFCA and before the date on which the reviewing official is permitted to refer the allegations of liability to a presiding officer. This final rule revises paragraph

(b)of § 13.46, “Compromise or settlement,” to align with the AFCA notification requirement. Additionally, this final rule corrects the typographical errors in § 13.46(c) and (d), from “pendancy” to “pendency.” The NRC prepared an unofficial redline strikeout version of the final rule changes to regulatory text that is intended to help the reader identify the changes. The unofficial redline strikeout version of the final rule is publicly available at ADAMS Accession No. ML25106A060. The NRC is providing the unofficial redline for public information but is not seeking public comment on the unofficial redline. III. Rulemaking Procedure This final rule is being issued without prior public notice or opportunity for public comments. The Administrative Procedure Act (5 U.S.C. 553(b)(B)) does not require an agency to use the public notice and comment process “when the agency for good cause finds (and incorporates the finding and a brief statement of reasons therefore in the rules issued) that notice and public procedure thereon are impracticable, unnecessary, or contrary to the public interest.” In this instance, the NRC finds, for good cause, that solicitation of public comment on this final rule is unnecessary. This final rule is limited to changes to implement the AFCA amendments to NRC's PFCRA regulations. Public comments on these rule revisions could not result in changes to the revisions because the rule revisions implement statutory changes. Accordingly, seeking comment on these rule revisions would not be necessary and, therefore, is not required under the Administrative Procedure Act. For these same reasons, the NRC also finds good cause to waive the 30-day delay in the effective date under 5 U.S.C. 553(d). IV. Section-by-Section Analysis The following paragraphs describe the specific changes in this final rule: Nomenclature Change Throughout 10 CFR part 12, this final rule removes the title of the statute “Program Fraud Civil Remedies Act” and replaces it with the new name of the statute, “Administrative False Claims Act.” 10 CFR Part 13 Basis and Purpose This final rule revises the heading of 10 CFR part 13 from “Program Fraud Civil Remedies” to “Administrative Remedies for False Claims and Statements.” Section 13.1 Basis and Purpose This final rule replaces the reference to “Program Fraud Civil Remedies Act” with the new name of the statute, “Administrative False Claims Act.” Section 13.2 Definitions This final rule revises the definition for “Claim” to include any request, demand, or submission made to the authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money. This final rule also adds a definition for “Obligation,” which was previously undefined in the PFCRA, to mean an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment. Section 13.3 Basis for Civil Penalties and Assessments This final rule adds § 13.3(f) which states that for purposes of determining AFCA liability for a false claim or statement submitted to the Government, materiality shall be determined in the same manner as under the False Claims Act, 31 U.S.C. 3729, which defines material to mean having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. Section 13.4 Investigation This final rule replaces the reference to “Program Fraud Civil Remedies Act” in § 13.4(b) with the new name of the statute, “Administrative False Claims Act.” Section 13.6 Prerequisities for Issuing a Complaint This final rule replaces the $150,000 amount listed in § 13.6(a)(2) with $1,000,000, the expanded recovery amount available to agencies who pursue a false claim or statement under the AFCA. This final rule also corrects, *i.e.,* retitles, the typographical error in the section heading of § 13.6, from “Prerequisities” to “Prerequisites.” Section 13.45 Deposit in Treasury of United States This final rule renames § 13.45 from “Deposit in Treasury of United States” to “Recovery of Costs and Deposit in Treasury of United States,” to reflect the updates made by the AFCA. This rule also replaces the language in § 13.45 to include the statutory language in the AFCA, which states that any amount collected for AFCA liability shall be credited first to reimburse the authority or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs, and any amount remaining after reimbursements shall be deposited as miscellaneous receipts in the U.S. Treasury, except as provided in 31 U.S.C. 3806(g). Section 13.46 Compromise or Settlement This final rule adds a new sentence to § 13.46(b) which states that before compromising or settling a case under part 13, a reviewing official shall notify the Attorney General in writing not later than 30 days before entering any agreement to compromise or settle allegations under part 13 and before the date on which the reviewing official is permitted to refer AFCA allegations of liability to a presiding officer. This final rule also corrects the typographical errors in § 13.46(c) and (d), from “pendancy” to “pendency.” Section 13.47 Limitations This final rule revises the language relating to the statute of limitations for an AFCA case in § 13.47(a) and (b). Specifically, this final rule revises the limitations language in § 13.47(a) to state that a notice to the person alleged to be liable under part 13 with respect to a claim or statement shall be served in the manner specified in § 13.8 not later than the later of 6 years after the date on which the violation is committed; or 3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed. The final rule also adds language from the statute in § 13.47(b) that states that a civil action to recover a penalty or assessment under this part shall be commenced within 3 years after the date on which the determination of liability for such penalty or assessment becomes final. V. Regulatory Flexibility Act The Regulatory Flexibility Act does not apply to regulations for which a Federal agency is not required by law, including the rulemaking provisions of the Administrative Procedure Act, 5 U.S.C. 553(b), to publish a general notice of proposed rulemaking (5 U.S.C. 604). As discussed in this document under Section III, “Rulemaking Procedure,” the NRC is not publishing this final rule for notice and comment. Accordingly, the NRC has determined that the requirements of the Regulatory Flexibility Act do not apply to this final rule. VI. Regulatory Analysis A regulatory analysis has not been prepared for this final rule. As discussed in this document under Section III, “Rulemaking Procedure,” the AFCA requires that the NRC perform this rulemaking to align the NRC's regulations with the AFCA amendments. This final rule does not involve an exercise of Commission discretion. Direct monetary impacts fall only upon those licensees or persons subjected to liability pursuant to the provisions of the AFCA (31 U.S.C. 3801-3812) and the NRC's implementing regulations (10 CFR part 13). VII. Backfitting and Issue Finality The NRC has not prepared a backfit analysis for this final rule. This final rule does not involve any provision that would impose a backfit, nor is it inconsistent with any issue finality provision, as those terms are defined in 10 CFR chapter I. The changes in this final rule update the NRC's regulations to implement statutory changes in the AFCA to align the NRC's regulations with the AFCA amendments. The final rule does not modify any licensee systems, structures, components, designs, approvals, or procedures required for the construction or operation of any facility. VIII. Plain Writing The Plain Writing Act of 2010 (Pub. L. 111-274) requires Federal agencies to write documents in a clear, concise, and well-organized manner. The NRC has written this document to be consistent with the Plain Writing Act as well as the Presidential Memorandum, “Plain Language in Government Writing,” published June 10, 1998 (63 FR 31885). IX. National Environmental Policy Act The NRC has determined that this final rule is the type of action described in 10 CFR 51.22(c)(1) that is categorically excluded from environmental review. Therefore, neither an environmental impact statement nor an environmental assessment has been prepared for this final rule. X. Paperwork Reduction Act This final rule does not contain a collection of information as defined in the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 *et seq.* ) and, therefore, is not subject to the requirements of the Paperwork Reduction Act of 1995. XI. Regulatory Planning and Review Executive Order (E.O.) 12866, as amended by E.O. 14215, provides that the Office of Information and Regulatory Affairs

(OIRA)will determine whether a regulatory action is significant as defined by E.O. 12866 and will review all significant regulatory actions. OIRA determined that this final rule is not a significant regulatory action under E.O. 12866. XII. Congressional Review Act This final rule is a rule as defined in the Congressional Review Act (5 U.S.C. 801-808). However, the Office of Management and Budget has not found it to be a major rule as defined in the Congressional Review Act. List of Subjects 10 CFR Part 12 Adversary adjudications, Award, Claims, Equal access to justice, Final disposition, Fraud, Net worth, Party, Penalties. 10 CFR Part 13 Administrative practice and procedure, Claims, Fraud, Organization and functions (Government agencies), Penalties. For the reasons set out in the preamble and under the authority of the Atomic Energy Act of 1954, as amended; the Energy Reorganization Act of 1974, as amended; and 5 U.S.C. 552 and 553, the NRC amends 10 CFR parts 12 and 13 as set forth below: PART 12—IMPLEMENTATION OF THE EQUAL ACCESS TO JUSTICE ACT IN AGENCY PROCEEDINGS 1. The authority citation for part 12 continues to read as follows: Authority: 5 U.S.C. 504(c)(1). § 12.101 [Amended] 2. In § 12.101, remove the term “Program Fraud Civil Remedies Act” and add in its place the term “Administrative False Claims Act”. § 12.103 [Amended] 3. In § 12.103, remove the term “Program Fraud Civil Remedies Act” and add in its place the term “Administrative False Claims Act”. PART 13—ADMINISTRATIVE REMEDIES FOR FALSE CLAIMS AND STATEMENTS 4. The authority citation for part 13 continues to read as follows: Authority: 31 U.S.C. 3801 through 3812; 44 U.S.C. 3504 note. Section 13.3 also issued under 28 U.S.C. 2461 note. Section 13.13 also issued under 31 U.S.C. 3730. 5. Revise the heading of part 13 to read as set forth above. § 13.1 [Amended] 6. In § 13.1(a), remove “Program Fraud Civil Remedies Act of 1986, Public Law 99-509, § 6101-6104, 100 Stat. 1874 (October 21, 1986)” and add in its place “Administrative False Claims Act of 2023”. 7. In § 13.2: a. Revise the definition of “Claim”; and b. Add the definition of “Obligation” in alphabetical order. The revision and addition read as follows: § 13.2 Definitions. *Claim* means any request, demand, or submission—

(1)Made to the authority for property, services, or money (including money representing grants, loans, insurance, or benefits);

(2)Made to a recipient of property, services, or money from the authority or to a party to a contract with the authority—

(i)For property or services if the United States—

(A)Provided such property or services;

(B)Provided any portion of the funds for the purchase of such property or services; or

(C)Will reimburse such recipient or party for the purchase of such property or services; or

(ii)For the payment of money (including money representing grants, loans, insurance, or benefits) if the United States—

(A)Provided any portion of the money requested or demanded; or

(B)Will reimburse such recipient or party for any portion of the money paid on such request or demand; or

(3)Made to the authority which has the effect of concealing or improperly avoiding or decreasing an obligation to pay or transmit property, services, or money. *Obligation* means an established duty, whether or not fixed, arising from an express or implied contractual, grantor-grantee, or licensor-licensee relationship, from a fee-based or similar relationship, from statute or regulation, or from the retention of any overpayment. 8. In § 13.3, add paragraph

(f)to read as follows: § 13.3 Basis for civil penalties and assessments.

(f)For purposes of this section, materiality shall be determined in the same manner as under the False Claims Act, 31 U.S.C. 3729, which defines material to mean having a natural tendency to influence, or be capable of influencing, the payment or receipt of money or property. § 13.4 [Amended] 9. In § 13.4(b), remove the reference “Program Fraud Civil Remedies Act” and add in its place “Administrative False Claims Act”. § 13.6 [Amended] 10. Amend § 13.6 by: a. Removing “Prerequisities” and add in its place “Prerequisites” in the section heading; and b. Removing the amount “$150,000” and add in its place “$1,000,000” in paragraph (a)(2). 11. Revise § 13.45 to read as follows: § 13.45 Recovery of Costs and Deposit in Treasury of United States.

(a)Any amount collected under this part shall be credited first to reimburse the authority or other Federal entity that expended costs in support of the investigation or prosecution of the action, including any court or hearing costs.

(b)Any amount reimbursed under paragraph

(a)of this section shall be deposited in the appropriations account of the authority or other Federal entity from which the costs described in paragraph

(a)of this section were obligated, a similar appropriations account of the authority or other Federal entity; or if the authority or other Federal entity expended nonappropriated funds, another appropriate account; and remain available until expended.

(c)Any amounts remaining after reimbursements described in paragraph

(a)of this section pursuant to this part shall be deposited as miscellaneous receipts in the Treasury of the United States, except as provided in 31 U.S.C. 3806(g). 12. In § 13.46: a. Revise paragraph (b); and b. Amend paragraphs

(c)and

(d)by removing “pendancy” and adding in its place “pendency”, wherever it appears. The revision reads as follows: § 13.46 Compromise or settlement.

(b)The reviewing official has the exclusive authority to compromise or settle a case under this part at any time after the date on which the reviewing official is permitted to issue a complaint and before the date on which the ALJ issues an initial decision. Before compromising or settling a case under this part, a reviewing official shall notify the Attorney General in writing not later than 30 days before entering into any agreement to compromise or settle allegations of liability under this part and before the date on which the reviewing official is permitted to refer allegations of liability to a presiding officer. 13. In § 13.47, revise paragraphs

(a)and

(b)to read as follows: § 13.47 Limitations.

(a)A notice to the person alleged to be liable under this part with respect to a claim or statement shall be served in the manner specified in § 13.8 not later than the later of:

(1)6 years after the date on which the violation is committed; or

(2)3 years after the date on which facts material to the action are known or reasonably should have been known by the authority head, but in no event more than 10 years after the date on which the violation is committed.

(b)A civil action to recover a penalty or assessment under this part shall be commenced within 3 years after the date on which the determination of liability for such penalty or assessment becomes final. Dated: July 15, 2025. For the Nuclear Regulatory Commission. Andrea Kock, Acting Director, Office of Nuclear Material Safety and Safeguards. [FR Doc. 2025-13422 Filed 7-16-25; 8:45 am]

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