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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations
2. 13 CFR 120.465Civil penalty for late submission of required reports.
According to the regulations at 120.465, any SBA Supervised Lender, as defined in 13 CFR 120.10, that violates a regulation or written directive issued by the SBA Administrator regarding the filing of any regular or special report is subject to the civil penalty amount stated in 120.465b for each day the company fails to file the report, unless the SBA Supervised Lender can show that there is reasonable cause for its failure to file.
This penalty is authorized by section 23j1 of the Small Business Act, 15
U.S.C. 650j1.
This rule amends 120.465b to adjust the current civil penalty from $6,740 to $6,820 per day of failure to file. The current civil penalty of $6,740
was multiplied by the multiplier of 1.01182 to reach a product of $6,820, rounded to the nearest dollar.
3. 13 CFR 120.1500Types of Formal Enforcement ActionsSBA Lenders.
According to the regulations at 120.1500b, SBA may assess a civil monetary penalty against a 7a Lender.
In determining whether to assess a civil monetary penalty and, if so, in what amount, SBA may consider: the gravity e.g., severity and frequency of the violation; the history of previous violations; the financial resources and good faith of the 7a Lender; and any other matters as justice may require.
This penalty is authorized by the Small Business Act, 15 U.S.C. 657te2B.
This rule amends 120.1500b2 to adjust the current civil penalty from $250,000 to $252,955. The current civil penalty of $250,000 was multiplied by the multiplier of 1.01182 to reach a product of $252,955.
4. 13 CFR 142.1Overview of Regulations.
SBA has promulgated regulations at 13 CFR part 142 to implement the civil penalties authorized by the Program Fraud Civil Remedies Act of 1986
PFCRA, 31 U.S.C. 38013812. Under the current regulation at 13 CFR
142.1b, a person who submits, or causes to be submitted, a false claim or a false statement to SBA is subject to a civil penalty of not more than $11,665, for each statement or claim.
This rule amends 142.1b to adjust the current civil penalty from $11,665 to $11,803. The adjusted civil penalty amount was calculated by multiplying the current civil penalty of $11,665 by the multiplier of 1.01182 to reach a product of $11,803, rounded to the nearest dollar.
5. 13 CFR 146.400Penalties.
SBAs regulations at 13 CFR part 146
govern lobbying activities by recipients
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of federal financial assistance. These regulations implement the authority in 31 U.S.C. 1352 and impose penalties on any recipient that fails to comply with certain requirements in the part.
Specifically, under 146.400a and b, penalties may be imposed on those who make prohibited expenditures or fail to file the required disclosure forms or to amend such forms, if necessary.
This rule amends 146.400a and b to adjust the current civil penalty amounts to not less than $20,731 and not more than $207,314. The current civil penalty amounts of $20,489 and $204,892 were multiplied by the multiplier of 1.01182 to reach a product of $20,731 and $207,314, respectively, rounded to the nearest dollar.
This rule also amends 146.400e to adjust the civil penalty that may be imposed for a first-time violation of 146.400a and b to $20,731 and to adjust the civil penalty that may be imposed for second and subsequent offenses to not less than $20,731 and not more than $207,314. The current civil penalty amounts of $20,489 and $204,892 were multiplied by the multiplier of 1.01182 to reach a product of $20,731 and $207,314 respectively, rounded to the nearest dollar.
Compliance With Executive Orders 12866, 12988, 13132, and the Administrative Procedure Act 5 U.S.C.
553, the Congressional Review Act 5
U.S.C. 801808, the Paperwork Reduction Act 44 U.S.C. Ch. 35 and the Regulatory Flexibility Act 5 U.S.C.
601612.
Executive Order 12866
The Office of Management and Budget determined that this final rule is not a significant regulatory action under Executive Order 12866.
Executive Order 12988
This action meets applicable standards set forth in sections 3a and 3b2 of Executive Order 12988, Civil Justice Reform, to minimize litigation, eliminate ambiguity, and reduce burden. The action does not have retroactive or preemptive effect.
Executive Order 13132
For the purpose of Executive Order 13132, SBA determined that the rule 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. Therefore, this final rule has no federalism implications warranting preparation of a federalism assessment.

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The Administrative Procedure Act APA
The APA requires agencies generally to provide notice and an opportunity for public comment before adopting a rule unless the agency for good cause finds that notice and comment are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553b.
The APA also requires agencies to allow at least 30-days after publication for a final rule to become effective except as otherwise provided by the agency for good cause found and published with the rule. 5 U.S.C. 553d. For the following reasons prior public notice, an opportunity for public comment, and a delayed effective date are not required for this rule. The 2015 Inflation Adjustment Act directs agencies to adjust their civil penalties annually notwithstanding section 553 of the APA.
28 U.S.C. 2461 note, sec. 4b2. This exemption from the notice and comment, and delayed effective date requirements of the APA, in effect provides SBA with the good cause justification to promulgate this as a final rule that will become effective immediately on the date it is published in the Federal Register. Additionally, the 2015 Inflation Adjustment Act provides a non-discretionary cost-ofliving formula for making the annual adjustment to the civil monetary penalties; SBA merely performs the ministerial task of calculating the amount of the adjustments. Therefore, even without the statutory exemption from the APA, notice and comment would be unnecessary.
The Congressional Review Act CRA
The Office of Management and Budget determined that this rule is not a major rule under 5 U.S.C. 8042.
Paperwork Reduction Act SBA has determined that this rule does not impose additional reporting or recordkeeping requirements.
Regulatory Flexibility Act The Regulatory Flexibility Act RFA
requires agencies to consider the effect of their regulatory actions on small entities, including small non-profit businesses, and small local governments. Pursuant to the RFA, when an agency issues a rule, the agency must prepare an analysis that describes whether the impact of the rule will have a significant economic impact on a substantial number of such small entities. However, the RFA requires such analysis only where notice and comment rulemaking are required. As stated above, SBA has express statutory authority to issue this rule without
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