81 FR 42503 - Civil Monetary Penalty Adjustment and Table
DEPARTMENT OF THE TREASURY
Financial Crimes Enforcement Network Federal Register Volume 81, Issue 126 (June 30, 2016)
Financial Crimes Enforcement Network
Federal Register Volume 81, Issue 126 (June 30, 2016)
| Page Range | 42503-42506 | |
| FR Document | 2016-15653 |
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)] [Rules and Regulations] [Pages 42503-42506] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15653] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF THE TREASURY Financial Crimes Enforcement Network 31 CFR Part 1010 RIN 1506-AB33 Civil Monetary Penalty Adjustment and Table AGENCY: Financial Crimes Enforcement Network (``FinCEN''), Treasury. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: FinCEN is amending the regulations under the Bank Secrecy Act to adjust the maximum amount or range, as set by statute, of certain civil monetary penalties within its jurisdiction to account for inflation. This action is being taken to implement the requirements of the Federal Civil Penalties Inflation Adjustment Act of 1990, as further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: Effective Date: August 1, 2016. Comment date: Written comments on this Interim Final Rulemaking must be submitted on or before August 1, 2016. ADDRESSES: Comments may be submitted, identified by Regulatory [[Page 42504]] Identification Number (RIN) 1506-AB33, by any of the following methods:Federal E-rulemaking Portal: http://www.regulations.gov. Follow the instructions for submitting comments. Include RIN 1506-AB33 in the submission. Refer to Docket Number FINCEN-2014-0005. Mail: FinCEN, P.O. Box 39, Vienna, VA 22183. Include RIN 1506-AB33 in the body of the text. Please submit comments by one method only. Comments submitted in response to this interim final rulemaking will become a matter of public record. Therefore, you should submit only information that you wish to make publicly available. Inspection of comments: The public dockets for FinCEN can be found at Regulations.gov. Federal Register notices published by FinCEN are searchable by docket number, RIN, or document title, among other things, and the docket number, RIN, and title may be found at the beginning of the notice. FinCEN uses the electronic, Internet- accessible dockets at Regulations.gov as their complete, official- record docket; all hard copies of materials that should be in the docket, including public comments, are electronically scanned and placed in the docket. In general, FinCEN will make all comments publicly available by posting them on http://www.regulations.gov. FOR FURTHER INFORMATION CONTACT: The FinCEN Resource Center at (800) 767-2825 or email [email protected]. SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, (``FCPIA Act''), as further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the ``2015 Act''), requires each Federal agency to adjust its civil monetary penalties within its jurisdiction for inflation annually. Specifically, the FCPIA Act now requires agencies to adjust the level of civil monetary penalties with an initial ``catch-up'' adjustment through an interim final rulemaking, and to make subsequent annual adjustments for inflation. The adjustment is based on the formula described in section 5(b) of the FCPIA Act. Increases are rounded to the nearest multiple of $1. To calculate the catch-up adjustment, agencies must identify, for each penalty subject to the FCPIA Act, the year and corresponding amount(s) for which the maximum penalty or range of minimum and maximum penalties was established or last adjusted, whichever is later. Agencies will adjust the penalty amount or range of penalty amounts based on the Consumer Price Index for all Urban Consumers (``CPI-U'') for the month of October 2015 using an inflation factor, or multiplier, that reflects the CPI-U increase for the year in which the maximum penalty or range of penalties was established or last adjusted.\1\ For the first penalty adjustment after the effective date of the 2015 Act, the amount of the increase shall not exceed 150 percent of the amount of a civil monetary penalty on November 2, 2015, the date of the enactment of the 2015 Act. --------------------------------------------------------------------------- \1\ OMB Memorandum M-16-06, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, February 24, 2014 sets forth inflation factors. See, https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf. --------------------------------------------------------------------------- Subsequent annual inflation adjustments will be based on any percentage change between the October CPI-U preceding the date of the adjustment, and the prior year's October CPI-U. FinCEN is authorized to impose civil monetary penalties for violations of the Bank Secrecy Act and its implementing regulations. Several of those penalties, such as the penalty under 31 U.S.C. 5321(a)(2), are not subject to adjustment under the FCPIA Act because they lack a stated dollar amount and are instead written solely as functions of violations. The penalties subject to adjustment under the FCPIA Act are as follows: 12 U.S.C. 1829b(j), relating to recordkeeping violations for funds transfers. The $10,000 penalty amount set out in 12 U.S.C. 1929b(j) was last adjusted by statute in 1988. The inflation factor for 1988 is 1.97869. Multiplying the penalty amount of $10,000 by the inflation factor of 1.97869 results in an inflation adjusted maximum penalty amount of $19,787, when rounded to the nearest dollar. 12 U.S.C. 1955, relating to willful or grossly negligent recordkeeping violations. The $10,000 penalty amount set out in 12 U.S.C. 1955 was last adjusted by statute in 1988. The inflation factor for 1988 is 1.97869. Multiplying the penalty amount of $10,000 by the inflation factor of 1.97869 results in an inflation adjusted maximum penalty amount of $19,787, when rounded to the nearest dollar. 31 U.S.C. 5318(k)(3)(C), relating to failures to terminate correspondent relationships with a foreign bank. The $10,000 penalty amount set out in 31 U.S.C. 5318(k)(3)(C) was last adjusted by statute in 2001. The inflation factor for 2001 is 1.33842. Multiplying the current maximum penalty amount of $10,000 by the inflation factor of 1.33842 results in an inflation-adjusted maximum penalty amount of $13,384, when rounded to the nearest dollar. 31 U.S.C. 5321(a)(1), relating to willful violations of Bank Secrecy Act requirements. The minimum and maximum amounts of $25,000 and $100,000 set out in 31 U.S.C. 5321(a)(1) were last adjusted by statute in 1986. The inflation factor for 1986 is 2.15628. Multiplying the current minimum and maximum penalty amounts of $25,000 and $100,000 by the inflation factor of 2.15628 results in an inflation-adjusted range of minimum and maximum penalty amounts of $53,907 and $215,628, respectively, when rounded to the nearest dollar. 31 U.S.C. 5321(a)(5)(B)(i), relating to non-willful violations of foreign financial agency transactions. The $10,000 amount set out in 31 U.S.C. 5312(a)(5)(B)(i) was last adjusted by statute in 2004. The inflation factor for 2004 is 1.24588. Multiplying the current maximum penalty amount of $10,000 by the inflation factor of 1.24588 results in an inflation-adjusted maximum penalty of $12,459, when rounded to the nearest dollar. 31 U.S.C. 5321(a)(5)(C), relating to willful violations of foreign financial agency transactions. The $100,000 amount set out in 31 U.S.C. 5321(a)(5)(C) was last adjusted by statute in 2004. The inflation factor for 2004 is 1.24588. Multiplying the current maximum penalty amount of $100,000 by the inflation factor of 1.24588 results in an inflation-adjusted maximum penalty amount of $124,588, when rounded to the nearest dollar. 31 U.S.C. 5321(a)(6)(A), relating to negligent violations by a financial institution or non-financial trade or business. The $500 amount set out in 31 U.S.C. 5321(a)(6)(A) was last adjusted by statute in 1986. The inflation factor for 1986 is 2.15628. Multiplying the current maximum penalty amount of $500 by the inflation factor of 2.15628 results in an inflation-adjusted maximum penalty amount of $1,078, when rounded to the nearest dollar. 31 U.S.C. 5321(a)(6)(B), relating to a pattern of negligent activity by a financial institution or non-financial trade or business. The $50,000 penalty amount set out in 31 U.S.C. 5321(a)(6)(B) was last adjusted by statute in 1992. The inflation factor for 1992 is 1.67728. Multiplying the current maximum penalty amount of $50,000 by the inflation factor of 1.67728 results in an inflation-adjusted maximum penalty amount of $83,864, when rounded to the nearest dollar. [[Page 42505]] 31 U.S.C. 5321(a)(7), relating to violations of due diligence requirements for private banking accounts or correspondent bank accounts involving foreign persons, the prohibition on correspondent accounts for shell banks, and any special measure. The $1,000,000 amount set out in 31 U.S.C. 5321(a)(7) was last adjusted by statute in 2001. The inflation factor for 2001 is 1.33842. Multiplying the current maximum penalty amount of $1,000,000 by the inflation factor of 1.33842 results in an inflation-adjusted maximum penalty amount of $1,338,420, when rounded to the nearest dollar. 31 U.S.C. 5330(e), relating to the failure to register as a money transmitting business. The $5,000 penalty amount set out in 31 U.S.C. 5330(e) was last adjusted by statute in 1994. The inflation factor for 1994 is 1.59089. Multiplying the current penalty amount of $5,000 by the inflation factor of 1.59089 results in an inflation- adjusted penalty amount of $7,954, when rounded to the nearest dollar. The adjusted civil penalty amounts described in this rule are applicable only to civil penalties assessed after August 1, 2016, whose associated violations occurred after November 2, 2015, the date of enactment of the 2015 Amendments. Therefore, violations occurring on or before November 2, 2015, and assessments made prior to August 1, 2016 whose associated violations occurred after November 2, 2015, will continue to be subject to the civil monetary penalty amounts set forth in FinCEN's existing regulations. II. Request for Comment FinCEN invites comment on any and all aspects of the interim final rule. III. Effective Date The FCPIA Act mandates that inflation adjustments to civil monetary penalties be published through an interim final rulemaking to be published by July 1, 2016, and that the inflation-adjusted civil monetary penalties take effect not later than August 1, 2016. IV. Regulatory Flexibility Act The Regulatory Flexibility Act applies only to rules for which an agency publishes a general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b). See 5 U.S.C. 601(2). Because the FCPIA Act mandates that this rulemaking be an interim final rule, FinCEN is not publishing a general notice of proposed rulemaking. Thus, the Regulatory Flexibility Act does not apply to this interim final rule. V. Unfunded Mandates Act Section 202 of the Unfunded Mandates Reform Act of 1995, Public Law 104-4 (``Unfunded Mandates Act'') requires that an agency prepare a budgetary impact statement before promulgating a rule that includes a Federal mandate that may result in 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 the Unfunded Mandates Act also requires an agency to identify and consider a reasonable number of regulatory alternatives before promulgating a rule. FinCEN has determined that this interim final rule will not result in expenditures by state, local, and tribal governments, or by the private sector, of $100 million or more. Accordingly, FinCEN has not prepared a budgetary impact statement or specifically addressed the regulatory alternatives considered. VI. Executive Orders 13563 and 12866 Executive Orders 13563 and 12866 direct agencies to assess costs and benefits of available regulatory alternatives and, if regulation is necessary, to select regulatory approaches that maximize net benefits (including potential economic, environmental, public health and safety effects, distributive impacts, and equity). Executive Order 13563 emphasizes the importance of quantifying both costs and benefits, of reducing costs, of harmonizing rules, and of promoting flexibility. It has been determined that this is not a significant regulatory action for purposes of Executive Order 12866. Accordingly, a regulatory impact analysis is not required. VII. Paperwork Reduction Act The Paperwork Reduction Act does not apply because the interim final rule does not impose information collection requirements that would require the approval of the Office of Management and Budget under 44 U.S.C. 3501 et seq. List of Subjects in 31 CFR Part 1010 Authority delegations (Government agencies), Banks and banking, Currency, Investigations, Law enforcement, Reporting and recordkeeping requirements. Authority and Issuance For the reasons set forth in the preamble, Part 1010 of Chapter X of title 31 of the Code of Federal Regulations is amended as follows: PART 1010--GENERAL PROVISIONS 0 1. The authority citation for part 1010 is revised to read as follows: Authority: 12 U.S.C. 1829b and 1951-1959; 31 U.S.C. 5311-5314 and 5316-5332; title III, sec. 314, Pub. L. 107-56, 115 Stat. 307; sec. 701. Pub. L. 114-74, 129 Stat. 599. 0 2. Amend Sec. 1010.820 by adding paragraph (i) to read as follows: Sec. 1010.820 Civil penalty. * * * * * (i) For penalties that are assessed after August 1, 2016, see Sec. 1010.821 for rules relating to the maximum amount of the penalty. 0 3. Add Sec. 1010.821 to read as follows: Sec. 1010.821 Penalty adjustment and table. (a) Inflation adjustments. In accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note, (``FCPIA Act''), as further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FinCEN has set forth in paragraph (b) of this section adjusted maximum penalty amounts for each civil monetary penalty provided by law within its jurisdiction that is subject to the FCPIA Act. The adjusted civil monetary penalty amounts replace the amounts published in the statutes authorizing the assessment of penalties. (b) Maximum civil monetary penalties. The statutory penalty provisions and their adjusted maximum amounts or range of minimum and maximum amounts are set out in Table 1. The last column in the table provides the newly effective maximum penalty amounts or range of minimum and maximum amounts. These maximum penalty amounts do not, however, limit the total amount of a penalty in the case of a penalty that may be imposed for each day a violation continues. [[Page 42506]] Table 1 of Sec. 1010.821--Penalty Adjustment and Table ---------------------------------------------------------------------------------------------------------------- New maximum penalty amounts or range of Statutory minimum and U.S. Code citation Civil monetary penalty penalties as last maximum penalty description amended by amounts for statute ($) penalties assessed after 8/ 1/2016 ($) ---------------------------------------------------------------------------------------------------------------- 12 U.S.C. 1829b(j) Relating to Recordkeeping 10,000 19,787 Violations For Funds Transfers. 12 U.S.C. 1955 Willful or Grossly Negligent 10,000 19,787 Recordkeeping Violations. 31 U.S.C. 5318(k)(3)(C) Failure to Terminate 10,000 13,384 Correspondent Relationship with Foreign Bank. 31 U.S.C. 5321(a)(1) General Civil Penalty Provision 25,000-$100,000 53,907-$215,628 for Willful Violations of Bank Secrecy Act Requirements. 31 U.S.C. 5321(a)(5)(B)(i). Foreign Financial Agency 10,000 12,459 Transaction--Non-Willful Violation of Transaction. 31 U.S.C. 5321(a)(5)(C) Foreign Financial Agency 100,000 124,588 Transaction--Willful Violation of Transaction. 31 U.S.C. 5321(a)(6)(A) Negligent Violation by Financial 500 1,078 Institution or Non-Financial Trade or Business. 31 U.S.C. 5321(a)(6)(B) Pattern of Negligent Activity by 50,000 83,864 Financial Institution or Non- Financial Trade or Business. 31 U.S.C. 5321(a)(7) Violation of Certain Due 1,000,000 1,338,420 Diligence Requirements, Prohibition on Correspondent Accounts for Shell Banks, and Special Measures. 31 U.S.C. 5330(e) Civil Penalty for Failure to 5,000 7,954 Register as Money Transmitting Business. ---------------------------------------------------------------------------------------------------------------- Dated: June 28, 2016. Jamal El-Hindi, Acting Director, Financial Crimes Enforcement Network. [FR Doc. 2016-15653 Filed 6-29-16; 8:45 am] BILLING CODE 4810-02-P
![Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations 42503
DOJ Penalty as New DOJ
U.S.C. Citation Name/Description CFR Citation of 11/2/15 penalty 2
($) 1
Office of Justice Programs
42 U.S.C. 3789g(d) .......... Confidentiality of information; State and Local Crimi- 28 CFR 20.25 .................. 11,000 ................ 27,500 **
nal History Record Information Systems—Right to
Privacy Violation.
** Adjusted penalty capped at 2.5 times the penalty amount in effect on November 2, 2015, the date of enactment of the Federal Civil Pen-
alties Inflation Adjustment Act Improvements Act of 2015, Public Law 114–74, sec. 701 (‘‘2015 Amendments’’). See id. § 701(b)(2) (amending
section 5(b)(2)(C) of the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) to provide that the amount of the first in-
flation adjustment after the date of enactment of the 2015 Amendments ‘‘shall not exceed 150 percent of the amount of that civil monetary pen-
alty on the date of enactment of the [2015 Amendments].’’).
1 The figures set forth in this column represent the penalty as last adjusted by Department of Justice regulation or statute as of November 2,
2015.
2 All figures set forth in this table are maximum penalties, unless otherwise indicated.
3 Section 3729(a)(1) of Title 31 states that any person who violates this section ‘‘is liable to the United States Government for a civil penalty of
not less than $5,000 and not more than $10,000, as adjusted by the Federal Civil Penalties Inflation Adjustment Act of 1990, plus 3 times the
amount of damages which the Government sustains because of the act of that person.’’ 31 U.S.C. 3729(a)(1) (2012) (citation omitted). Section
3729(a)(2) permits the court to reduce the damages under certain circumstances to ‘‘not less than 2 times the amount of damages which the
Government sustains because of the act of that person.’’ Id. § 3729(a)(2). The adjustment made by this regulation is only applicable to the spe-
cific statutory penalty amounts stated in subsection (a)(1), which is only one component of the civil penalty imposed under section 3729(a)(1).
4 Section 8706(a)(1) of Title 41 states that ‘‘[t]he Federal Government in a civil action may recover from a person—(1) that knowingly engages
in conduct prohibited by section 8702 of this title a civil penalty equal to—(A) twice the amount of each kickback involved in the violation; and (B)
not more than $10,000 for each occurrence of prohibited conduct . . . .’’ 41 U.S.C. 8706(a)(1) (2012). The adjustment made by this regulation is
only applicable to the specific statutory penalty amount stated in subsection (a)(1)(B), which is only one component of the civil penalty imposed
under section 8706.
5 Section 216(b) of Title 18 states the civil penalty should be no ‘‘more than $50,000 for each violation or the amount of compensation which
the person received or offered for the prohibited conduct, whichever amount is greater.’’ 18 U.S.C. 216(b) (2012). Therefore, the adjustment
made by this regulation is only applicable to the specific statutory penalty amount stated in subsection (b), which is only one aspect of the pos-
sible civil penalty imposed under § 216(b).
6 Section 2105(b) of Title 41 states, ‘‘(b) Civil penalties.—The Attorney General may bring a civil action in an appropriate district court of the
United States against a person that engages in conduct that violates section 2102, 2103, or 2104 of this title. On proof of that conduct by a pre-
ponderance of the evidence—(1) an individual is liable to the Federal Government for a civil penalty of not more than $50,000 for each violation
plus twice the amount of compensation that the individual received or offered for the prohibited conduct; and (2) an organization is liable to the
Federal Government for a civil penalty of not more than $500,000 for each violation plus twice the amount of compensation that the organization
received or offered for the prohibited conduct.’’ 41 U.S.C. 2105(b) (2012). The adjustments made by this regulation are only applicable to the
specific statutory penalty amounts stated in subsections (b)(1) and (b)(2), which are each only one component of the civil penalties imposed
under sections 2105(b)(1) and (b)(2).
7 The Attorney General has authority to bring a civil action when a person has violated or is about to violate a provision under this statute. 42
U.S.C. 5157(b) (2012)). The Federal Emergency Management Agency has promulgated regulations regarding this statute and has adjusted the
penalty in its regulation. 44 CFR 206.14(d) (2015). The Department of Health and Human Services (HHS) has also promulgated a regulation re-
garding the penalty under this statute. 42 CFR 38.8 (2015).
8 Section 1956(b)(1) of Title 18 states that ‘‘[w]hoever conducts or attempts to conduct a transaction described in subsection (a)(1) or (a)(3), or
section 1957, or a transportation, transmission, or transfer described in subsection (a)(2), is liable to the United States for a civil penalty of not
more than the greater of—(A) the value of the property, funds, or monetary instruments involved in the transaction; or (B) $10,000.’’ 18 U.S.C.
1956(b)(1) (2012). The adjustment made by this regulation is only applicable to the specific statutory penalty amount stated in subsection
(b)(1)(B), which is only one aspect of the possible civil penalty imposed under section 1956(b).
9 Section 842(c)(2)(C) of Title 21 states that ‘‘[i]n addition to the penalties set forth elsewhere in this subchapter or subchapter II of this chapter,
any business that violates paragraph (11) of subsection (a) of this section shall, with respect to the first such violation, be subject to a civil pen-
alty of not more than $250,000, but shall not be subject to criminal penalties under this section, and shall, for any succeeding violation, be sub-
ject to a civil fine of not more than $250,000 or double the last previously imposed penalty, whichever is greater.’’ 21 U.S.C. 842(c)(2)(C) (2012).
The adjustment made by this regulation regarding the penalty for a succeeding violation is only applicable to the specific statutory penalty
amount stated in subsection (c)(2)(C), which is only one aspect of the possible civil penalty for a succeeding violation imposed under section
842(c)(2)(C).
10 Section 856(d)(1) of Title 21 states that ‘‘(1) Any person who violates subsection (a) of this section shall be subject to a civil penalty of not
more than the greater of—(A) $250,000; or (B) 2 times the gross receipts, either known or estimated, that were derived from each violation that
is attributable to the person.’’ 21 U.S.C. 856(d)(1) (2012). The adjustment made by this regulation is only applicable to the specific statutory pen-
alty amount stated in subsection (d)(1)(A), which is only one aspect of the possible civil penalty imposed under section 856(d)(1).
Dated: June 24, 2016. DEPARTMENT OF THE TREASURY as set by statute, of certain civil
Loretta E. Lynch, monetary penalties within its
Attorney General. Financial Crimes Enforcement Network jurisdiction to account for inflation.
[FR Doc. 2016–15528 Filed 6–29–16; 8:45 am] This action is being taken to implement
31 CFR Part 1010 the requirements of the Federal Civil
BILLING CODE 4410–19–P
RIN 1506–AB33 Penalties Inflation Adjustment Act of
1990, as further amended by the Federal
Civil Monetary Penalty Adjustment and Civil Penalties Inflation Adjustment Act
Table Improvements Act of 2015.
srobinson on DSK5SPTVN1PROD with RULES
AGENCY: Financial Crimes Enforcement DATES: Effective Date: August 1, 2016.
Network (‘‘FinCEN’’), Treasury. Comment date: Written comments on
ACTION: Interim final rule. this Interim Final Rulemaking must be
submitted on or before August 1, 2016.
SUMMARY: FinCEN is amending the
regulations under the Bank Secrecy Act ADDRESSES: Comments may be
to adjust the maximum amount or range, submitted, identified by Regulatory
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![42506 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
TABLE 1 OF § 1010.821—PENALTY ADJUSTMENT AND TABLE
New maximum
penalty amounts
or range of
Statutory penalties minimum and
as last amended maximum penalty
U.S. Code citation Civil monetary penalty description by statute amounts for
($) penalties
assessed after 8/
1/2016
($)
12 U.S.C. 1829b(j) Relating to Recordkeeping Violations For Funds Transfers ..... 10,000 19,787
12 U.S.C. 1955 Willful or Grossly Negligent Recordkeeping Violations ............. 10,000 19,787
31 U.S.C. 5318(k)(3)(C) Failure to Terminate Correspondent Relationship with Foreign 10,000 13,384
Bank.
31 U.S.C. 5321(a)(1) General Civil Penalty Provision for Willful Violations of Bank 25,000–$100,000 53,907–$215,628
Secrecy Act Requirements.
31 U.S.C. 5321(a)(5)(B)(i). Foreign Financial Agency Transaction—Non-Willful Violation 10,000 12,459
of Transaction.
31 U.S.C. 5321(a)(5)(C) Foreign Financial Agency Transaction—Willful Violation of 100,000 124,588
Transaction.
31 U.S.C. 5321(a)(6)(A) Negligent Violation by Financial Institution or Non-Financial 500 1,078
Trade or Business.
31 U.S.C. 5321(a)(6)(B) Pattern of Negligent Activity by Financial Institution or Non-Fi- 50,000 83,864
nancial Trade or Business.
31 U.S.C. 5321(a)(7) Violation of Certain Due Diligence Requirements, Prohibition 1,000,000 1,338,420
on Correspondent Accounts for Shell Banks, and Special
Measures.
31 U.S.C. 5330(e) Civil Penalty for Failure to Register as Money Transmitting 5,000 7,954
Business.
Dated: June 28, 2016. the Port (COTP) Ohio Valley or a This notice of enforcement is issued
Jamal El-Hindi, designated representative. under authority of 5 U.S.C. 552 (a). In
Acting Director, Financial Crimes DATES: The regulations in 33 CFR addition to this notice of enforcement in
Enforcement Network. 100.801, Table 1, Sector Ohio Valley, the Federal Register, the Coast Guard
[FR Doc. 2016–15653 Filed 6–29–16; 8:45 am] No. 16 and 33 CFR 165.801, Table 1, will provide the maritime community
BILLING CODE 4810–02–P Sector Ohio Valley, No. 52 will be with extensive advance notification of
enforced from July 1 through July 3, the enforcement periods for these
2016. regulations via the Local Notice to
Mariners (LNM) and Broadcast Notice to
DEPARTMENT OF HOMELAND FOR FURTHER INFORMATION CONTACT: If
Mariners (BNM).
SECURITY you have questions on this notice of
enforcement, call or email Petty Officer R.V. Timme,
Coast Guard Caloeb Gandy, U.S. Coast Guard; Captain, U.S. Coast Guard, Captain of the
telephone 502–779–5334, Email Port Ohio Valley.
33 CFR Parts 100 and 165 Caloeb.l.gandy@uscg.mil. [FR Doc. 2016–15506 Filed 6–29–16; 8:45 am]
SUPPLEMENTARY INFORMATION: The Coast BILLING CODE 9110–04–P
[Docket No. USCG–2016–0556] Guard will enforce the special local
regulations listed in 33 CFR 100.801,
Madison Regatta, Inc./Madison Table 1, Sector Ohio Valley, No. 16, and DEPARTMENT OF HOMELAND
Regatta, Madison, IN the safety zone listed in 33 CFR 165.801, SECURITY
AGENCY: Coast Guard, DHS. Table 1, Sector Ohio Valley, No. 52
during the Madison Regatta as follows: Coast Guard
ACTION: Notice of enforcement of
regulations. July 1, 2016 from 8:00 a.m. to 6:00 p.m.
July 2, 2016 from 7:00 a.m. to 10:30 p.m. 33 CFR Part 117
SUMMARY: The Coast Guard will enforce July 3, 2016 from 7:00 a.m. to 6:30 p.m. [Docket No. USCG–2016–0280]
special local regulations and a safety Under the provisions of 33 CFR part
zone for the Madison Regatta for all 100 and 33 CFR part 165, a vessel may Drawbridge Operation Regulation;
waters of the Ohio River, beginning at not enter the regulated area, unless it Chambers Creek, Steilacoom, WA
mile marker 555.0 and ending at mile receives permission from the COTP AGENCY: Coast Guard, DHS.
marker 560.0, Madison, IN. These Ohio Valley or a designated ACTION: Notice of temporary deviation
actions are necessary to protect persons, representative. Spectator vessels may from regulations; request for comments.
srobinson on DSK5SPTVN1PROD with RULES
property, and infrastructure from safely transit outside the regulated area
potential damage and safety hazards but may not anchor, block, loiter in, or SUMMARY: The Coast Guard has issued a
associated with a regatta taking place on impede the transit of race participants temporary deviation from the operating
the Ohio River. During the enforcement or official patrol vessels. The Coast schedule that governs the Chambers
period, deviation from the regulations or Guard may be assisted by other Federal, Creek Burlington Northern Santa Fe
safety zone is prohibited unless State, or local law enforcement agencies railroad vertical lift railroad bridge
specifically authorized by the Captain of in enforcing this regulation. across Chambers Creek, mile 0.01, near
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Document Created: 2018-02-08 07:44:56
Document Modified: 2018-02-08 07:44:56
| 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 | Interim final rule. | |
| Dates | Effective Date: August 1, 2016. | |
| Contact | The FinCEN Resource Center at (800) 767-2825 or email [email protected] | |
| FR Citation | 81 FR 42503 | |
| RIN Number | 1506-AB33 | |
| CFR Associated | Authority Delegations (government Agencies); Banks and Banking; Currency; Investigations; Law Enforcement and Reporting and Recordkeeping Requirements |
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