[Federal Register Volume 85, Number 113 (Thursday, June 11, 2020)]
[Rules and Regulations]
[Pages 35566-35567]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-11440]
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NATIONAL FOUNDATION ON THE ARTS AND HUMANITIES
National Endowment for the Humanities
45 CFR Part 1168
RIN 3136-AA39
Implementing the Federal Civil Penalties Adjustment Act
Improvements Act of 2015
AGENCY: National Endowment for the Humanities; National Foundation on
the Arts and the Humanities.
ACTION: Final rule.
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SUMMARY: The National Endowment for the Humanities (NEH) is adopting as
final, without change, its interim final rule that adjusted the civil
monetary penalties NEH may impose for violations of its New
Restrictions on Lobbying regulation, pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015
Act).
DATES: Effective date: This final rule is effective on June 11, 2020.
Applicability date: The adjusted penalty amounts will apply to
penalties assessed on or after January 15, 2020 if the associated
violations occurred after November 2, 2015.
FOR FURTHER INFORMATION CONTACT: Elizabeth Voyatzis, Deputy General
Counsel, Office of the General Counsel, National Endowment for the
Humanities, 400 7th Street SW, Room 4060, Washington, DC 20506; (202)
606-8322; [email protected].
SUPPLEMENTARY INFORMATION:
Background
On April 21, 2020, NEH published in the Federal Register an interim
final rule to adjust the civil penalties found in its New Restrictions
on Lobbying regulation (45 CFR part 1168) pursuant to the 2015 Act.
(See 85 FR 22025).
For each regulation that imposes a civil monetary penalty, the 2015
Act requires agencies to: (1) Adjust the level of civil monetary
penalties with an initial ``catch-up'' inflation adjustment through an
interim final rulemaking; and (2) make subsequent annual adjustments
for inflation. The formula for the amount of a civil monetary penalty
inflation adjustment is prescribed by law, as explained in Office of
Management and Budget (OMB) Memorandum M-16-06 (February 24, 2016).
NEH's interim final rule, which implemented the initial ``catch-
up'' inflation adjustment and the 2020
[[Page 35567]]
inflation adjustment, took effect on April 21, 2020. NEH notified the
public that it would accept comments on the interim final rule for
thirty (30) days after publication, until May 21, 2020. By that date,
NEH did not receive any comments. Therefore, NEH is adopting the
interim final rule as final, without change.
Executive Order 12866, Regulatory Planning and Review, and Executive
Order 13563, Improving Regulation and Regulatory Review
This action is not a significant regulatory action and was
therefore not submitted to OMB for review. NEH conducted the required
assessment under Executive Orders 12866 and 13563 for the interim final
rule and this rule finalizes that regulation without change.
Executive Order 13771, Reducing Regulation and Controlling Regulatory
Costs
This action is not expected to be an Executive Order 13771
regulatory action because this action is not significant under
Executive Order 12866.
Executive Order 13132, Federalism
This rulemaking does not have federalism implications. It will not
have substantial direct effects on the states, on the relationship
between the National Government and the states, or on the distribution
of power and responsibilities among the various levels of government.
Executive Order 12988, Civil Justice Reform
This rulemaking meets the applicable standards set forth in section
3(a) and 3(b)(2) of Executive Order 12988. Specifically, this rule is
written in clear language designed to help reduce litigation.
Executive Order 13175, Indian Tribal Governments
Under the criteria in Executive Order 13175, NEH evaluated this
rule and determined that it will not have any potential effects on
federally recognized Indian Tribes.
Executive Order 12630, Takings
Under the criteria in Executive Order 12630, this rulemaking does
not have significant takings implications. Therefore, a takings
implication assessment is not required.
Regulatory Flexibility Act of 1980
This rulemaking will not have a significant adverse impact on a
substantial number of small entities, including small businesses, small
governmental jurisdictions, or certain small not-for-profit
organizations.
Paperwork Reduction Act of 1995
This rulemaking does not impose an information collection burden
under the Paperwork Reduction Act. This action contains no provisions
constituting a collection of information pursuant to the Paperwork
Reduction Act.
Unfunded Mandates Reform Act of 1995
This rulemaking does not contain a Federal mandate that will 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.
National Environmental Policy Act of 1969
This rulemaking will not have a significant effect on the human
environment.
Small Business Regulatory Enforcement Fairness Act of 1996
This rulemaking will not be a major rule as defined in section 804
of the Small Business Regulatory Enforcement Fairness Act of 1996. This
rule will not result in an annual effect on the economy of $100 million
or more, a major increase in costs or prices, significant adverse
effects on competition, employment, investment, productivity,
innovation, or on the ability of United States-based companies to
compete with foreign-based companies in domestic and export markets.
E-Government Act of 2002
All information about NEH required to be published in the Federal
Register may be accessed at www.neh.gov. The website https://www.regulations.gov contains electronic dockets for NEH's rulemakings
under the Administrative Procedure Act of 1946.
Plain Writing Act of 2010
To ensure this final rule was written in plain and clear language
so that it can be used and understood by the public, NEH modeled the
language of this rule on the Federal Plain Language Guidelines.
List of Subjects in 45 CFR Part 1168
Administrative practice and procedure, Lobbying, Penalties.
PART 1168--NEW RESTRICTIONS ON LOBBYING
0
Accordingly, NEH adopts the interim final rule amending 45 CFR part
1168, which was published at 85 FR 22025 on April 21, 2020, as final
without change.
Dated: May 22, 2020.
Caitlin Cater,
Attorney-Advisor, National Endowment for the Humanities.
[FR Doc. 2020-11440 Filed 6-10-20; 8:45 am]
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