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Federal Register / Vol. 86, No. 49 / Tuesday, March 16, 2021 / Rules and Regulations
the imposition of a civil money penaltyrather, it makes a standard inflation adjustment to penalties that were previously authorized. As noted above, the 2021 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 2021 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, and, in any event, HUD would not have the discretion to make changes as a result of any comments.
IV. Findings and Certifications
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Regulatory ReviewExecutive 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
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requirement to publish an initial or final regulatory flexibility analysis under the RFA as part of such action.

List of Subjects 24 CFR Part 28
Administrative practice and procedure, Claims, Fraud, Penalties.

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.

24 CFR Part 30

Executive Order 13132, Federalism
Administrative practice and procedure, Consumer protection, Intergovernmental relations, Manufactured homes, Reporting and recordkeeping requirements.
Accordingly, for the reasons described in the preamble, HUD amends 24 CFR
parts 28, 30, 87, 180, and 3282 to read as follows:

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.

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 50.19c1, this final rule is categorically excluded from environmental review under the National Environmental Policy Act of 1969 42 U.S.C. 4321.
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U.S.C. 1532.
U.S.C. 1535.

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24 CFR Part 87
Government contracts, Grant programs, Loan programs, Lobbying, Penalties, Reporting and recordkeeping requirements.
24 CFR Part 180
Administrative practice and procedure, Aged, Civil rights, Fair housing, Persons with disabilities, Investigations, Mortgages, Penalties, Reporting and recordkeeping requirements.
24 CFR Part 3282

PART 28IMPLEMENTATION 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.
38013812; 42 U.S.C. 3535d.

2. In 28.10, revise paragraphs a1
introductory text and b1 introductory text to read as follows:

Environmental Review
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Administrative practice and procedure, Grant programshousing and community development, Loan programshousing and community development, Mortgage insurance, Penalties.

28.10 Basis for civil penalties and assessments.

a . 1 A civil penalty of not more than $11,803 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 $11,803 may be imposed upon any person who makes, presents, or submits, or causes to be made, presented, or submitted, a written statement that:

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