81 FR 30483 - Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation
FARM CREDIT SYSTEM INSURANCE CORPORATION Federal Register Volume 81, Issue 95 (May 17, 2016)
Federal Register Volume 81, Issue 95 (May 17, 2016)
| Page Range | 30483-30484 | |
| FR Document | 2016-11675 |
[Federal Register Volume 81, Number 95 (Tuesday, May 17, 2016)] [Rules and Regulations] [Pages 30483-30484] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-11675] ======================================================================== Rules and Regulations Federal Register ________________________________________________________________________ This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. ======================================================================== Federal Register / Vol. 81, No. 95 / Tuesday, May 17, 2016 / Rules and Regulations [[Page 30483]] FARM CREDIT SYSTEM INSURANCE CORPORATION 12 CFR Part 1411 RIN 3055-AA11 Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation AGENCY: Farm Credit System Insurance Corporation. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: This rule implements inflation adjustments to civil money penalties (CMPs) that the Farm Credit System Insurance Corporation (FCSIC) may impose under the Farm Credit Act of 1971, as amended. These adjustments are required by 2015 amendments to the Federal Civil Penalties Inflation Adjustment Act of 1990. DATES: This rule is effective on August 1, 2016. FOR FURTHER INFORMATION CONTACT: Howard Rubin, General Counsel, Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102, (703) 883-4380, TTY (703) 883-4390. SUPPLEMENTARY INFORMATION: A. Background The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act) amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment Act) \1\ to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The Inflation Adjustment Act provides for the regular evaluation of CMPs and requires FCSIC, and every other Federal agency with authority to impose CMPs, to ensure that CMPs continue to maintain their deterrent values.\2\ --------------------------------------------------------------------------- \1\ Public Law 101-410, Oct. 5, 1990, 104 Stat. 890, as amended by Public Law 104-134, title III, sec. 31001(s)(1), Apr. 26, 1996, 110 Stat. 1321-373; Public Law 105-362, title XIII, sec. 1301(a), Nov. 10, 1998, 112 Stat. 3293; Public Law 114-74, title VII, sec. 701(b), Nov. 2, 2015, 129 Stat. 599. \2\ Under the amended Inflation Adjustment Act, a CMP is defined as any penalty, fine, or other sanction that: (1) Either is for a specific monetary amount as provided by Federal law or has a maximum amount provided for by Federal law; (2) is assessed or enforced by an agency pursuant to Federal law; and (3) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. All three requirements must be met for a fine to be considered a CMP. --------------------------------------------------------------------------- FCSIC must enact regulations that adjust its CMPs pursuant to the inflation adjustment formula of the amended Inflation Adjustment Act and rounded using a method prescribed by the Inflation Adjustment Act. The new amounts will apply to penalties assessed on or after the effective date of this rule. Agencies do not have discretion in choosing whether to adjust a CMP, by how much to adjust a CMP, or the methods used to determine the adjustment. B. CMPs Imposed Pursuant to Section 5.65 of the Farm Credit Act First, section 5.65(c) of the Farm Credit Act, as amended (Act), provides that any insured Farm Credit System bank that willfully fails or refuses to file any certified statement or pay any required premium shall be subject to a penalty of not more than $100 for each day that such violations continue, which penalty FCSIC may recover for its use.\3\ Second, section 5.65(d) of the Act provides that, except with the prior written consent of the Farm Credit Administration, it shall be unlawful for any person convicted of any criminal offense involving dishonesty or a breach of trust to serve as a director, officer, or employee of any System institution.\4\ For each willful violation of section 5.65(d), the institution involved shall be subject to a penalty of not more than $100 for each day during which the violation continues, which FCSIC may recover for its use. --------------------------------------------------------------------------- \3\ 12 U.S.C. 2277a-14(c). \4\ 12 U.S.C. 2277a-14(d). --------------------------------------------------------------------------- FCSIC's current Sec. 1411.1, promulgated in 2001 pursuant to the Inflation Adjustment Act as then in effect, provides that FCSIC can impose a maximum penalty of $117 per day for a violation under section 5.65(c) and (d) of the Act. FCSIC has not been required to make adjustments under the Inflation Adjustment Act since 2001.\5\ --------------------------------------------------------------------------- \5\ FCSIC's most recent notice assessing the need for cost-of- living adjustments to CMPs was published on October 24, 2013 (78 FR 63465). --------------------------------------------------------------------------- C. Required Adjustments The 2015 Act requires agencies to (1) adjust the level of civil monetary penalties with an initial ``catch-up'' adjustment through an interim final rulemaking (IFR) and (2) make subsequent annual adjustments for inflation. Catch-up adjustments are based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October of the year in which the CMP was established or adjusted (other than through Inflation Adjustment Act adjustments), and the October 2015 CPI-U. Annual inflation adjustments will be based on the percent change between the October CPI-U preceding the date of the adjustment and the prior year's October CPI-U. CMPs provided for in section 5.65 of the Act were enacted in 1988 and not subsequently changed (other than through Inflation Adjustment Act adjustments). In accordance with guidance issued by the Office of Management and Budget (pursuant to a directive in the 2015 Act), FCSIC must multiply the maximum amount of civil money penalty provided for in section 5.65(c) and (d) of the Farm Credit Act ($100) by 1.97869.\6\ This results in a revised penalty amount of $198, after rounding to the nearest dollar as required by the 2015 Act. --------------------------------------------------------------------------- \6\ OMB Memorandum M-16-06 (Feb. 24, 2015). --------------------------------------------------------------------------- D. Notice and Comment Not Required by Administrative Procedure Act The 2015 Act specifically directs Federal agencies to ``adjust civil money penalties through an interim final rulemaking'' and the Inflation Adjustment Act gives agencies no discretion in the calculation of the adjustment. Therefore, FCSIC concludes that public notice and an opportunity to comment are not necessary or appropriate under the Administrative Procedure Act and adopts this rule in final form. E. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act,\7\ FCSIC hereby certifies that this final rule will [[Page 30484]] not have a significant economic impact on a substantial number of small entities. Each of the banks of the Farm Credit System, together with their affiliated associations, has assets and annual income in excess of amounts that would qualify them as ``small entities'' under the Regulatory Flexibility Act. --------------------------------------------------------------------------- \7\ 5 U.S.C. 601, et seq. --------------------------------------------------------------------------- List of Subjects in 12 CFR Part 1411 Banks, Banking, Civil money penalties, Penalties. For the reasons stated in the preamble, part 1411 of chapter XIV, title 12 of the Code of Federal Regulations is amended as follows: PART 1411--RULES OF PRACTICE AND PROCEDURE 0 1. The authority citation for part 1411 continues to read as follows: Authority: Secs. 5.58(10), 5.65(c) and (d) of the Farm Credit Act (12 U.S.C. 2277a-7(10), 2277a-14(c) and (d)); 28 U.S.C. 2461 note. 0 2. Revise Sec. 1411.1 to read as follows: Sec. 1411.1 Inflation adjustment of civil money penalties for failure to file a certified statement, pay any premium required or obtain approval before employment of persons convicted of criminal offenses. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, a civil money penalty imposed pursuant to section 5.65(c) or (d) of the Farm Credit Act of 1971, as amended, for a violation occurring on or after August 1, 2016 shall not exceed $198 per day for each day the violation continues. Dated: May 12, 2016. Dale L. Aultman, Secretary to the Board, Farm Credit System Insurance Corporation. [FR Doc. 2016-11675 Filed 5-16-16; 8:45 am] BILLING CODE 6710-01-P
![30484 Federal Register / Vol. 81, No. 95 / Tuesday, May 17, 2016 / Rules and Regulations
not have a significant economic impact ENVIRONMENTAL PROTECTION information you consider to be
on a substantial number of small AGENCY Confidential Business Information (CBI)
entities. Each of the banks of the Farm or other information whose disclosure is
Credit System, together with their 40 CFR Part 52 restricted by statute. Multimedia
affiliated associations, has assets and [EPA–R09–OAR–2016–0070; FRL–9945–24– submissions (audio, video, etc.) must be
annual income in excess of amounts Region 9] accompanied by a written comment.
that would qualify them as ‘‘small The written comment is considered the
entities’’ under the Regulatory Approval of California Air Plan official comment and should include
Flexibility Act. Revisions, Eastern Kern Air Pollution discussion of all points you wish to
Control District make. The EPA will generally not
List of Subjects in 12 CFR Part 1411 consider comments or comment
AGENCY: Environmental Protection
contents located outside of the primary
Banks, Banking, Civil money Agency (EPA).
submission (i.e., on the web, cloud, or
penalties, Penalties. ACTION: Direct final rule.
other file sharing system). For
For the reasons stated in the SUMMARY: The Environmental Protection additional submission methods, please
preamble, part 1411 of chapter XIV, title Agency (EPA) is taking direct final contact the person identified in the FOR
12 of the Code of Federal Regulations is action to approve revisions to the FURTHER INFORMATION CONTACT section.
amended as follows: Eastern Kern Air Pollution Control For the full EPA public comment policy,
District (EKAPCD) portion of the information about CBI or multimedia
PART 1411—RULES OF PRACTICE California State Implementation Plan submissions, and general guidance on
AND PROCEDURE (SIP). These revisions concern making effective comments, please visit
administrative changes of a previously http://www2.epa.gov/dockets/
■ 1. The authority citation for part 1411 approved regulation and emissions of commenting-epa-dockets.
continues to read as follows: volatile organic compounds (VOCs) in FOR FURTHER INFORMATION CONTACT:
aerospace assembly and coating Vanessa Graham, EPA Region IX, (415)
Authority: Secs. 5.58(10), 5.65(c) and (d)
operations and in metal, plastic and 947–4120, graham.vanessa@epa.gov.
of the Farm Credit Act (12 U.S.C. 2277a–
pleasure craft parts and products SUPPLEMENTARY INFORMATION:
7(10), 2277a–14(c) and (d)); 28 U.S.C. 2461
coating operations. We are approving Throughout this document, ‘‘we,’’ ‘‘us,’’
note.
local rules that regulate these activities and ‘‘our’’ refer to the EPA.
■ 2. Revise § 1411.1 to read as follows: under the Clean Air Act (CAA or the
Act). Table of Contents
§ 1411.1 Inflation adjustment of civil DATES: This rule is effective on July 18, I. The State’s Submittal
money penalties for failure to file a certified 2016 without further notice, unless the A. What rules did the State submit?
statement, pay any premium required or EPA receives adverse comments by June B. Are there other versions of these rules?
obtain approval before employment of C. What is the purpose of the submitted
16, 2016. If we receive such comments,
persons convicted of criminal offenses. rules and rule revisions?
we will publish a timely withdrawal in
II. The EPA’s Evaluation and Action
In accordance with the Federal Civil the Federal Register to notify the public A. How is the EPA evaluating the rules?
Penalties Inflation Adjustment Act of that this direct final rule will not take B. Do the rules meet the evaluation
1990, as amended, a civil money effect. criteria?
penalty imposed pursuant to section ADDRESSES: Submit your comments, C. EPA recommendations to further
5.65(c) or (d) of the Farm Credit Act of identified by Docket ID No. EPA–R09– improve the rules and rule revisions?
1971, as amended, for a violation OAR–2016–0070 at http:// D. Public Comment and Final Action
occurring on or after August 1, 2016 www.regulations.gov, or via email to III. Incorporation by Reference
IV. Statutory and Executive Order Reviews
shall not exceed $198 per day for each Steckel.Andrew@epa.gov. For comments
day the violation continues. submitted at Regulations.gov, follow the I. The State’s Submittal
Dated: May 12, 2016.
online instructions for submitting
comments. Once submitted, comments A. What rules did the State submit?
Dale L. Aultman, cannot be edited or removed from Table 1 lists the rules addressed by
Secretary to the Board, Farm Credit System Regulations.gov. For either manner of this action with the dates that they were
Insurance Corporation. submission, the EPA may publish any adopted by the local air agency and
[FR Doc. 2016–11675 Filed 5–16–16; 8:45 am] comment received to its public docket. submitted by the California Air
BILLING CODE 6710–01–P Do not submit electronically any Resources Board (CARB).
TABLE 1—SUBMITTED RULES
Local agency Rule # Rule title Adopted Amended Submitted
EKAPCD ........................ 103.1 Inspection of Public Records ............................... ........................ 05/02/96 07/23/96
EKAPCD ........................ 410.4 Metal, Plastic, and Pleasure Craft Parts and ........................ 03/13/14 07/25/14
Products Coating Operations.
EKAPCD ........................ 410.8 Aerospace Assembly and Coating Operations .... 03/13/14 ........................ 07/25/14
mstockstill on DSK3G9T082PROD with RULES
On October 30, 1996, the EPA formal EPA review. On September 11, B. Are there other versions of these
determined that the submittal for 2014, the EPA determined that the rules?
EKAPCD Rule 103.1 met the submittal for EKAPCD Rules 410.4 and EKAPCD adopted an earlier version of
completeness criteria in 40 CFR part 51 410.8 met the completeness criteria as Rule 103.1 on August 31, 1976, which
Appendix V, which must be met before well. CARB submitted to us on November 10,
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Document Created: 2018-02-07 15:05:25
Document Modified: 2018-02-07 15:05:25
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | This rule is effective on August 1, 2016. | |
| Contact | Howard Rubin, General Counsel, Farm Credit System Insurance Corporation, 1501 Farm Credit Drive, McLean, Virginia 22102, (703) 883-4380, TTY (703) 883-4390. | |
| FR Citation | 81 FR 30483 | |
| RIN Number | 3055-AA11 | |
| CFR Associated | Banks; Banking; Civil Money Penalties and Penalties |
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