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Federal Register / Vol. 86, No. 21 / Wednesday, February 3, 2021 / Rules and Regulations
6103a, Oct. 21, 1986, 100 Stat. 1937, are a fine of up to $5,000 for false claims and statements made to the Government. In the 2020 final rule, we increased this amount to $11,665.
New Regulations: The new penalty for this section is $11,803.
Reason: Using the multiplier of 1.01182 from OMB Memorandum No.
M2110, the new penalty is calculated as follows: $11,665 1.01182 =
$11,802.88, which makes the adjusted penalty $11,803, when rounded to the nearest dollar.

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Executive Orders 12866, 13563, and 13771
Regulatory Impact Analysis Under Executive Order 12866, the Office of Management and Budget OMB determines whether this regulatory action is significant and, therefore, subject to the requirements of the Executive order and subject to review by OMB. Section 3f of Executive Order 12866 defines a significant regulatory action as an action likely to result in a rule that may 1 Have an annual effect on the economy of $100 million or more, or adversely affect a sector of the economy;
productivity; competition; jobs; the environment; public health or safety; or State, local, or Tribal governments or communities in a material way also referred to as economically significant regulations;
2 Create serious inconsistency or otherwise interfere with an action taken or planned by another agency;
3 Materially alter the budgetary impacts of entitlement grants, user fees, or loan programs or the rights and obligations of recipients thereof; or 4 Raise novel legal or policy issues arising out of legal mandates, the Presidents priorities, or the principles stated in the Executive order.
We have determined that these final regulations: 1 Exclusively implement the annual adjustment; 2 are consistent with OMB Memorandum No. M2110;
and 3 have an annual impact of less than $100 million. Therefore, based on OMB Memorandum No. M2110, this is not a significant regulatory action subject to review by OMB under section 3f of Executive Order 12866.
We have also reviewed these regulations under Executive Order 13563, which supplements and explicitly reaffirms the principles, structures, and definitions governing regulatory review established in Executive Order 12866. To the extent permitted by law, Executive Order 13563 requires that an agency 1 Propose or adopt regulations only upon a reasoned determination that
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their benefits justify their costs recognizing that some benefits and costs are difficult to quantify;
2 Tailor its regulations to impose the least burden on society, consistent with obtaining regulatory objectives and taking into account, among other things, and to the extent practicable, the costs of cumulative regulations;
3 In choosing among alternative regulatory approaches, select those approaches that maximize net benefits including potential economic, environmental, public health and safety, and other advantages; distributive impacts; and equity;
4 To the extent feasible, specify performance objectives, rather than the behavior or manner of compliance a regulated entity must adopt; and 5 Identify and assess available alternatives to direct regulation, including economic incentivessuch as user fees or marketable permitsto encourage the desired behavior, or providing information that enables the public to make choices.
Executive Order 13563 also requires an agency to use the best available techniques to quantify anticipated present and future benefits and costs as accurately as possible. The Office of Information and Regulatory Affairs of OMB has emphasized that these techniques may include identifying changing future compliance costs that might result from technological innovation or anticipated behavioral changes.
We are issuing these final regulations as required by statute and in accordance with OMB Memorandum No. M2110.
The Secretary has no discretion to consider alternative approaches as delineated in the Executive order. Based on this analysis and the reasons stated in the preamble, the Department believes that these final regulations are consistent with the principles in Executive Order 13563.
Under Executive Order 13771, for each new regulation that the Department proposes for notice and comment or otherwise promulgates that is a significant regulatory action under Executive Order 12866 and that imposes total costs greater than zero, it must identify two deregulatory actions. For fiscal year 2021, any new incremental costs associated with a new regulation must be fully offset by the elimination of existing costs through deregulatory actions. These final regulations are not a significant regulatory action.
Therefore, the requirements of Executive Order 13771 do not apply.

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Waiver of Rulemaking and Delayed Effective Date Under the Administrative Procedure Act APA 5 U.S.C. 553, the Department generally offers interested parties the opportunity to comment on proposed regulations. However, section 4b2 of the 2015 Act 28 U.S.C. 2461
note provides that the Secretary can adjust these 2021 penalty amounts notwithstanding the requirements of 5
U.S.C. 553. Therefore, the requirements of 5 U.S.C. 553 for notice and comment and delaying the effective date of a final rule do not apply here.
Regulatory Flexibility Act Certification Pursuant to 5 U.S.C. 6012, the Regulatory Flexibility Act applies only to rules for which an agency publishes a general notice of proposed rulemaking. The Regulatory Flexibility Act does not apply to this rulemaking because section 4b2 of the 2015 Act 28 U.S.C. 2461 note provides that the Secretary can adjust these 2021 penalty amounts without publishing a general notice of proposed rulemaking.
Paperwork Reduction Act of 1995
These regulations do not contain any information collection requirements.
Intergovernmental Review This program is not subject to Executive Order 12372 and the regulations in 34 CFR part 79.
Assessment of Educational Impact Based on our own review, we have determined that these regulations do not require transmission of information that any other agency or authority of the United States gathers or makes available.
Electronic Access to This Document:
The official version of this document is the document published in the Federal Register. You may access the official edition of the Federal Register and the Code of Federal Regulations at www.govinfo.gov. At this site you can view this document, as well as all other documents of this Department published in the Federal Register, in text or Portable Document Format PDF. To use PDF you must have Adobe Acrobat Reader, which is available free at the site.
You may also access documents of the Department published in the Federal Register by using the article search feature at: www.federalregister.gov.
Specifically, through the advanced search feature at this site, you can limit your search to documents published by the Department.

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