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Federal Register / Vol. 86, No. 183 / Friday, September 24, 2021 / Rules and Regulations State and local officials. See 2 CFR
chapter IV.
Executive Order 12988
This final rule has been reviewed under Executive Order 12988, Civil Justice Reform. This rule: 1 Preempts all State and local laws and regulations that are in conflict with this rule; 2 has no retroactive effect; and 3 does not require administrative proceedings before parties may file suit in court challenging this rule.
Congressional Review Act Pursuant to the Congressional Review Act 5 U.S.C. 801 et seq., the Office of Information and Regulatory Affairs designated this rule as not a major rule, as defined by 5 U.S.C. 8042.
Paperwork Reduction Act This final rule contains no new information collection or recordkeeping requirements under the Paperwork Reduction Act of 1995 44 U.S.C. 3501
et seq. and will reduce those currently approved by the Office of Management and Budget under control number 0579
0065.
List of Subjects in 9 CFR Part 149
Animal diseases, Laboratories, Meat and meat products, Meat inspection, Reporting and recordkeeping requirements, Swine.
PART 149REMOVED
Accordingly, for the reasons stated in the preamble, and under the authority of 7 U.S.C. 8301 et seq., the Animal and Plant Health Inspection Service is amending 9 CFR chapter I by removing part 149.

Done in Washington, DC, this 10th day of September 2021.
Jack Shere, Acting Administrator, Animal and Plant Health Inspection Service.
FR Doc. 202120634 Filed 92321; 8:45 am BILLING CODE 341034P

SMALL BUSINESS ADMINISTRATION
13 CFR Parts 107, 120, 142, and 146
RIN 3245AH57

Civil Monetary Penalties Inflation Adjustments U.S. Small Business Administration.
ACTION: Final rule.
AGENCY:

The Small Business Administration SBA is amending its regulations to adjust for inflation the
SUMMARY:

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amount of certain civil monetary penalties that are within the jurisdiction of the agency. These adjustments comply with the requirement in the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, to make annual adjustments to the penalties.
DATES: This rule is effective September 24, 2021.
FOR FURTHER INFORMATION CONTACT:
Arlene Embrey, 2025671164 or at arlene.embrey@sba.gov.
SUPPLEMENTARY INFORMATION:
I. Background On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 the 2015
Inflation Adjustment Act, Public Law 11474, 129 Stat. 584, was enacted. This act amended the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101410, 104 Stat. 890 the 1990
Inflation Adjustment Act, to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Inflation Adjustment Act required agencies to issue a final rule by August 1, 2016, to adjust the level of civil monetary penalties with an initial catch-up adjustment and to annually adjust these monetary penalties for inflation by January 15 of each subsequent year.
Based on the definition of a civil monetary penalty in the 1990 Inflation Adjustment Act, agencies are to make adjustments only to the civil penalties that i are for a specific monetary amount as provided by Federal law or have a maximum amount provided for by Federal law; ii are assessed or enforced by an agency; and iii are enforced or assessed in an administrative proceeding or a civil action in the Federal courts. Therefore, penalties that are stated as a percentage of an indeterminate amount or as a function of a violation penalties that encompass actual damages incurred are not to be adjusted.
SBA published in the Federal Register an interim final rule with its initial adjustments to the civil monetary penalties, including an initial catchup adjustment, on May 19, 2016, 81
FR 31489 with an effective date of August 1, 2016. SBA published its first annual adjustments to the monetary penalties on February 9, 2017 82 FR
9967, with an immediate effective date.
SBA published its subsequent annual adjustments for 2018 on February 21, 2018 83 FR 7361, for 2019 on April 1, 2019 84 FR 12059, and for 2020 on
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March 10, 2020 85 FR 13725, all with immediate effective dates. This rule will establish the adjusted penalty amounts for 2021 with an immediate effective date upon publication.
On December 23, 2020, the Office of Management and Budget OMB
published its annual guidance memorandum for 2021 civil monetary penalties inflation adjustments M21
10, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The memorandum provides the formula for calculating the annual adjustments based on the Consumer Price Index for all Urban Consumers CPIU for the month of October preceding the adjustment, and specifically on the change between the October CPIU preceding the date of adjustment and the prior years CPIU.
Based on this methodology, the 2021
civil monetary penalty inflation adjustment factor is 1.01182 October 2020 CPIU 260.388/October 2019
CPIU 257.346. The annual adjustment amounts identified in this rule were obtained by applying this multiplier of 1.01182 to those penalty amounts that were published in SBAs 2020
adjustments to civil monetary penalties at 85 FR 13725 March 10, 2020 and to the civil monetary penalty found at 13
CFR 120.1500b2, first published March 16, 2020, at 85 FR 14783.
II. Civil Money Penalties Adjusted by This Rule This rule adjusts civil monetary penalties authorized by the Small Business Act, the Small Business Investment Act of 1958 SBIAct, the Program Fraud Civil Remedies Act, and the Byrd Amendment to the Federal Regulation of Lobbying Act. These penalties and the implementing regulations are discussed below.
1. 13 CFR 107.665Civil Penalties.
SBA licenses, regulates, and provides financial assistance to financial entities called small business investment companies SBICs. Pursuant to section 315 of the SBIAct, 15 U.S.C. 687g, SBA
may impose a penalty on any SBIC for each day that it fails to comply with SBAs regulations or directives governing the filing of regular or special reports. The penalty for non-compliance is incorporated in 107.665 of the SBIC
program regulations.
This rule amends 107.665 to adjust the current civil penalty from $271 to $274 per day of failure to file. The current civil penalty of $271 was multiplied by the multiplier of 1.01182
to reach a product of $274, rounded to the nearest dollar.

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