82 FR 8360 - Rules of Practice for Hearings
FEDERAL RESERVE SYSTEM Federal Register Volume 82, Issue 15 (January 25, 2017)
Federal Register Volume 82, Issue 15 (January 25, 2017)
| Page Range | 8360-8362 | |
| FR Document | 2017-00595 |
[Federal Register Volume 82, Number 15 (Wednesday, January 25, 2017)] [Rules and Regulations] [Pages 8360-8362] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00595] ======================================================================= ----------------------------------------------------------------------- FEDERAL RESERVE SYSTEM 12 CFR Part 263 [Docket No. R-1543 RIN 7100 AE-55] Rules of Practice for Hearings AGENCY: Board of Governors of the Federal Reserve System. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Board of Governors of the Federal Reserve System (the ``Board'') is issuing a final rule amending its rules of practice and procedure to adjust the amount of each civil money penalty (``CMP'') provided by law within its jurisdiction to account for inflation as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: This final rule is effective January 25, 2017. FOR FURTHER INFORMATION CONTACT: Patrick M. Bryan, Assistant General Counsel (202-974-7093), or Thomas O. Kelly, Senior Attorney (202-974- 7059), Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Ave. NW., Washington, DC 20551. For users of Telecommunication Device for the Deaf (TDD) only, contact 202/263-4869. SUPPLEMENTARY INFORMATION: Federal Civil Penalties Inflation Adjustment Act The Federal Civil Penalties Inflation Adjustment Act of 1990, 28 U.S.C. 2461 note (``FCPIA Act''), requires federal agencies to adjust, by regulation, the CMPs within their jurisdiction to account for inflation. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the ``2015 Act'')\1\ amended the FCPIA Act to require federal agencies to make a ``catch-up'' adjustment--the first inflation adjustment after the date of enactment of the 2015 Act-- through an interim final rulemaking, to take effect no later than August 1, 2016, and to make adjustments not later than January 15 of every year thereafter.\2\ On July 20, 2016, the Board issued an interim final rule setting the CMP levels pursuant to the required catch-up adjustment. The Board is now issuing a new final rule to set the CMP levels pursuant to the required annual adjustment for 2017. The Board will apply these adjusted maximum penalty levels to any penalties assessed on or after January 15, 2017, whose associated violations occurred on or after November 2, 2015. Penalties assessed for violations occurring prior to November 2, 2015 will be subject to the amounts set in the Board's 2012 adjustment pursuant to the FCPIA Act.\3\ --------------------------------------------------------------------------- \1\ Pub. L. 114-74, 129 Stat. 599 (2015) (codified at 28 U.S.C. 2461 note). \2\ 28 U.S.C. 2461 note, section 4(b)(1). \3\ 77 FR 68680 (Nov. 16, 2012). --------------------------------------------------------------------------- Under the 2015 Act, the annual adjustment to be made for 2017 is the percentage by which the Consumer Price Index for the month of October 2016 exceeds the Consumer Price Index for the month of October 2015. On December 16, 2016, as directed by the 2015 Act, the Office of Management and Budget (OMB) issued guidance to affected agencies on implementing the required annual adjustment which included the relevant inflation multiplier.\4\ Using OMB's multiplier, the Board calculated the adjusted penalties for its CMPs, rounding the penalties to the nearest dollar.\5\ --------------------------------------------------------------------------- \4\ OMB Memorandum M-17-11, Implementation of the 2017 Annual Adjustment Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 16, 2016). \5\ Under the 2015 Act and implementing OMB guidance, agencies are not required to make an adjustment to a CMP if, during the 12 months preceding the required adjustment, such penalty increased due to a law other than the 2015 Act by an amount greater than the amount of the required adjustment. No other laws have adjusted the CMPs within the Board's jurisdiction during the preceding 12 months. --------------------------------------------------------------------------- Comment Received in Response to the July 20, 2016 Interim Final Rule The Board received one comment letter on behalf of International Bancshares Corporation (``IBC'') in response to the July 20, 2016 interim final rule. IBC expressed disappointment that the Board published the new penalty levels through an interim final rule without engaging in prior notice and comment proceedings. As IBC itself acknowledged, however, the 2015 Act required the Board to adjust the penalties for the catch-up adjustment through an interim final rulemaking to take effect no later than August 1, 2016. IBC also expressed concern with many of the new maximum penalty amounts, urging the Board to exercise its discretion to ``withhold using its maximum penalty authority.'' Again, as IBC acknowledged, the Board calculated the new penalty amounts strictly in accordance with the 2015 Act and OMB's implementing guidance. Moreover, setting the new upper limits on penalties does not require the Board in any particular case to assess the maximum amounts. Administrative Procedure Act The 2015 Act states that agencies shall make the annual adjustment [[Page 8361]] ``notwithstanding section 553 of title 5, United States Code.'' Therefore, this rule is not subject to the provisions of the Administrative Procedure Act (the ``APA''), 5 U.S.C. 553, requiring notice, public participation, and deferred effective date. Regulatory Flexibility Act The Regulatory Flexibility Act, 5 U.S.C. 601 et seq., requires a regulatory flexibility analysis only for rules for which an agency is required to publish a general notice of proposed rulemaking. Because the 2015 Act states that agencies' annual adjustments are to be made notwithstanding section 553 of title 5 of United States Code--the APA section requiring notice of proposed rulemaking--the Board is not publishing a notice of proposed rulemaking. Therefore, the Regulatory Flexibility Act does not apply. Paperwork Reduction Act There is no collection of information required by this final rule that would be subject to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501 et seq. List of Subjects in 12 CFR Part 263 Administrative practice and procedure, Claims, Crime, Equal access to justice, Lawyers, Penalties. Authority and Issuance For the reasons set forth in the preamble, the Board amends 12 CFR part 263 to read as follows: PART 263--RULES OF PRACTICE FOR HEARINGS 0 1. The authority citation for part 263 continues to read as follows: Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 248, 324, 334, 347a, 504, 505, 1464, 1467, 1467a, 1817(j), 1818, 1820(k), 1829, 1831o, 1831p-1, 1832(c), 1847(b), 1847(d), 1884, 1972(2)(F), 3105, 3108, 3110, 3349, 3907, 3909(d), 4717; 15 U.S.C. 21, 78l(i), 78o-4, 78o-5, 78u-2; 1639e(k); 28 U.S.C. 2461 note; 31 U.S.C. 5321; and 42 U.S.C. 4012a. 0 2. Section 263.65 is revised to read as follows: Sec. 263.65 Civil money penalty inflation adjustments. (a) Inflation adjustments. In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which further amended the Federal Civil Penalties Inflation Adjustment Act of 1990, the Board has set forth in paragraph (b) of this section the adjusted maximum amounts for each civil money penalty provided by law within the Board's jurisdiction. The authorizing statutes contain the complete provisions under which the Board may seek a civil money penalty. The adjusted civil money penalties apply only to penalties assessed on or after January 15, 2017, whose associated violations occurred on or after November 2, 2015. (b) Maximum civil money penalties. The maximum (or, in the cases of 12 U.S.C. 334 and 1832(c), fixed) civil money penalties as set forth in the referenced statutory sections are set forth in the table in this paragraph (b). ------------------------------------------------------------------------ Adjusted civil Statute money penalty ------------------------------------------------------------------------ 12 U.S.C. 324: Inadvertently late or misleading reports, inter $3,849 alia............................................ Other late or misleading reports, inter alia..... 38,492 Knowingly or reckless false or misleading 1,924,589 reports, inter alia............................. 12 U.S.C. 334........................................ 279 12 U.S.C. 374a....................................... 279 12 U.S.C. 504: First Tier....................................... 9,623 Second Tier...................................... 48,114 Third Tier....................................... 1,924,589 12 U.S.C. 505: First Tier....................................... 9,623 Second Tier...................................... 48,114 Third Tier....................................... 1,924,589 12 U.S.C. 1464(v)(4)................................. 3,849 12 U.S.C. 1464(v)(5)................................. 38,492 12 U.S.C. 1464(v)(6)................................. 1,924,589 12 U.S.C. 1467a(i)(2)................................ 48,114 12 U.S.C. 1467a(i)(3)................................ 48,114 12 U.S.C. 1467a(r): First Tier....................................... 3,849 Second Tier...................................... 38,492 Third Tier....................................... 1,924,589 12 U.S.C. 1817(j)(16): First Tier....................................... 9,623 Second Tier...................................... 48,114 Third Tier....................................... 1,924,589 12 U.S.C. 1818(i)(2): First Tier....................................... 9,623 Second Tier...................................... 48,114 Third Tier....................................... 1,924,589 12 U.S.C. 1820(k)(6)(A)(ii).......................... 316,566 12 U.S.C. 1832(c).................................... 2,795 12 U.S.C. 1847(b).................................... 48,114 12 U.S.C. 1847(d): First Tier....................................... 3,849 Second Tier...................................... 38,492 Third Tier....................................... 1,924,589 12 U.S.C. 1884....................................... 279 12 U.S.C. 1972(2)(F): First Tier....................................... 9,623 Second Tier...................................... 48,114 [[Page 8362]] Third Tier....................................... 1,924,589 12 U.S.C. 3110(a).................................... 43,983 12 U.S.C. 3110(c): First Tier....................................... 3,519 Second Tier...................................... 35,186 Third Tier....................................... 1,759,309 12 U.S.C. 3909(d).................................... 2,394 15 U.S.C. 78u-2(b)(1): For a natural person............................. 9,054 For any other person............................. 90,535 15 U.S.C. 78u-2(b)(2): For a natural person............................. 90,535 For any other person............................. 452,677 15 U.S.C. 78u-2(b)(3): For a natural person............................. 181,071 For any other person............................. 905,353 15 U.S.C. 1639e(k)(1)................................ 11,053 15 U.S.C. 1639e(k)(2)................................ 22,105 42 U.S.C. 4012a(f)(5)................................ 2,090 ------------------------------------------------------------------------ By order of the Board of Governors of the Federal Reserve System, January 9, 2017. Robert deV. Frierson, Secretary of the Board. [FR Doc. 2017-00595 Filed 1-19-17; 4:15 pm] BILLING CODE 6210-01-P
![8360 Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Rules and Regulations
Amendment Number 7, Revision 1 on FEDERAL RESERVE SYSTEM Penalties assessed for violations
April 25, 2017. occurring prior to November 2, 2015
12 CFR Part 263 will be subject to the amounts set in the
Amendment Number 7, Revision 1,
Effective Date: April 25, 2017. [Docket No. R–1543 RIN 7100 AE–55] Board’s 2012 adjustment pursuant to the
FCPIA Act.3
Amendment Number 8 Effective Date: Rules of Practice for Hearings Under the 2015 Act, the annual
December 5, 2005, superseded by adjustment to be made for 2017 is the
Amendment Number 8, Revision 1 on AGENCY: Board of Governors of the percentage by which the Consumer
April 25, 2017. Federal Reserve System. Price Index for the month of October
Amendment Number 8, Revision 1, ACTION: Final rule. 2016 exceeds the Consumer Price Index
Effective Date: April 25, 2017. SUMMARY: The Board of Governors of the for the month of October 2015. On
Federal Reserve System (the ‘‘Board’’) is December 16, 2016, as directed by the
Amendment Number 9 Effective Date:
issuing a final rule amending its rules of 2015 Act, the Office of Management and
April 17, 2007, superseded by
practice and procedure to adjust the Budget (OMB) issued guidance to
Amendment Number 9, Revision 1 on affected agencies on implementing the
April 25, 2017. amount of each civil money penalty
(‘‘CMP’’) provided by law within its required annual adjustment which
Amendment Number 9, Revision 1, included the relevant inflation
jurisdiction to account for inflation as
Effective Date: April 25, 2017. multiplier.4 Using OMB’s multiplier, the
required by the Federal Civil Penalties
Amendment Number 10 Effective Inflation Adjustment Act Improvements Board calculated the adjusted penalties
Date: August 24, 2009, superseded by Act of 2015. for its CMPs, rounding the penalties to
Amendment Number 10, Revision 1 on the nearest dollar.5
DATES: This final rule is effective
April 25, 2017. January 25, 2017. Comment Received in Response to the
Amendment Number 10, Revision 1, FOR FURTHER INFORMATION CONTACT: July 20, 2016 Interim Final Rule
Effective Date: April 25, 2017. Patrick M. Bryan, Assistant General The Board received one comment
Amendment Number 11 Effective Counsel (202–974–7093), or Thomas O. letter on behalf of International
Date: January 7, 2014, superseded by Kelly, Senior Attorney (202–974–7059), Bancshares Corporation (‘‘IBC’’) in
Amendment Number 11, Revision 1 on Legal Division, Board of Governors of response to the July 20, 2016 interim
April 25, 2017. the Federal Reserve System, 20th Street final rule. IBC expressed
and Constitution Ave. NW., disappointment that the Board
Amendment Number 11, Revision 1, Washington, DC 20551. For users of published the new penalty levels
Effective Date: April 25, 2017. Telecommunication Device for the Deaf through an interim final rule without
Amendment Number 12 Effective (TDD) only, contact 202/263–4869. engaging in prior notice and comment
Date: Amendment not issued by the SUPPLEMENTARY INFORMATION: proceedings. As IBC itself
NRC. Federal Civil Penalties Inflation acknowledged, however, the 2015 Act
Amendment Number 13 Effective Adjustment Act required the Board to adjust the
Date: May 24, 2014, superseded by penalties for the catch-up adjustment
The Federal Civil Penalties Inflation through an interim final rulemaking to
Amendment Number 13, Revision 1 on Adjustment Act of 1990, 28 U.S.C. 2461
April 25, 2017. take effect no later than August 1, 2016.
note (‘‘FCPIA Act’’), requires federal IBC also expressed concern with many
Amendment Number 13, Revision 1, agencies to adjust, by regulation, the of the new maximum penalty amounts,
Effective Date: April 25, 2017. CMPs within their jurisdiction to urging the Board to exercise its
Amendment Number 14 Effective account for inflation. The Federal Civil discretion to ‘‘withhold using its
Date: April 25, 2017. Penalties Inflation Adjustment Act maximum penalty authority.’’ Again, as
Improvements Act of 2015 (the ‘‘2015 IBC acknowledged, the Board calculated
SAR Submitted by: Transnuclear, Inc. Act’’)1 amended the FCPIA Act to the new penalty amounts strictly in
SAR Title: Final Safety Analysis require federal agencies to make a accordance with the 2015 Act and
Report for the Standardized NUHOMS® ‘‘catch-up’’ adjustment—the first OMB’s implementing guidance.
Horizontal Modular Storage System for inflation adjustment after the date of Moreover, setting the new upper limits
Irradiated Nuclear Fuel. enactment of the 2015 Act—through an on penalties does not require the Board
Docket Number: 72–1004. interim final rulemaking, to take effect in any particular case to assess the
no later than August 1, 2016, and to maximum amounts.
Certificate Expiration Date: January make adjustments not later than January
23, 2015 (under timely renewal 15 of every year thereafter.2 On July 20, Administrative Procedure Act
pursuant to 10 CFR 72.240(b)). 2016, the Board issued an interim final The 2015 Act states that agencies
Model Number: NUHOMS®–24P, rule setting the CMP levels pursuant to shall make the annual adjustment
–24PHB, –24PTH, –32PT, –32PTH1, the required catch-up adjustment. The
–37PTH, –52B, –61BT, –61BTH, and Board is now issuing a new final rule to 3 77 FR 68680 (Nov. 16, 2012).
–69BTH. set the CMP levels pursuant to the 4 OMB Memorandum M–17–11, Implementation
required annual adjustment for 2017. of the 2017 Annual Adjustment Pursuant to the
* * * * * Federal Civil Penalties Inflation Adjustment Act
The Board will apply these adjusted Improvements Act of 2015 (Dec. 16, 2016).
Dated at Rockville, Maryland, this 19th day maximum penalty levels to any
mstockstill on DSK3G9T082PROD with RULES
5 Under the 2015 Act and implementing OMB
of December, 2016. penalties assessed on or after January guidance, agencies are not required to make an
For the Nuclear Regulatory Commission. 15, 2017, whose associated violations adjustment to a CMP if, during the 12 months
preceding the required adjustment, such penalty
Victor M. McCree, occurred on or after November 2, 2015. increased due to a law other than the 2015 Act by
Executive Director for Operations. an amount greater than the amount of the required
1 Pub. L. 114–74, 129 Stat. 599 (2015) (codified at
adjustment. No other laws have adjusted the CMPs
[FR Doc. 2016–31990 Filed 1–24–17; 8:45 am] 28 U.S.C. 2461 note). within the Board’s jurisdiction during the preceding
BILLING CODE 7590–01–P 2 28 U.S.C. 2461 note, section 4(b)(1). 12 months.
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![8362 Federal Register / Vol. 82, No. 15 / Wednesday, January 25, 2017 / Rules and Regulations
Adjusted civil
Statute money penalty
Third Tier ................................................................................................................................................................................ 1,924,589
12 U.S.C. 3110(a) .......................................................................................................................................................................... 43,983
12 U.S.C. 3110(c):
First Tier ................................................................................................................................................................................. 3,519
Second Tier ............................................................................................................................................................................ 35,186
Third Tier ................................................................................................................................................................................ 1,759,309
12 U.S.C. 3909(d) .......................................................................................................................................................................... 2,394
15 U.S.C. 78u–2(b)(1):
For a natural person ............................................................................................................................................................... 9,054
For any other person .............................................................................................................................................................. 90,535
15 U.S.C. 78u–2(b)(2):
For a natural person ............................................................................................................................................................... 90,535
For any other person .............................................................................................................................................................. 452,677
15 U.S.C. 78u–2(b)(3):
For a natural person ............................................................................................................................................................... 181,071
For any other person .............................................................................................................................................................. 905,353
15 U.S.C. 1639e(k)(1) ................................................................................................................................................................... 11,053
15 U.S.C. 1639e(k)(2) ................................................................................................................................................................... 22,105
42 U.S.C. 4012a(f)(5) .................................................................................................................................................................... 2,090
By order of the Board of Governors of the FOR FURTHER INFORMATION CONTACT: If stated on this document, he or she may
Federal Reserve System, January 9, 2017. you have questions about this use a Broadcast Notice to Mariners or
Robert deV. Frierson, publication of enforcement, call or other communications coordinated with
Secretary of the Board. email Lieutenant Robert Cole, the event sponsor to grant general
[FR Doc. 2017–00595 Filed 1–19–17; 4:15 pm] Waterways Management, U.S. Coast permission to enter the regulated area.
BILLING CODE 6210–01–P Guard Sector San Diego, CA; telephone Dated: December 15, 2016.
(619) 278–7656, email J.R. Buzzella,
D11MarineEventsSD@uscg.mil.
Captain, U.S. Coast Guard, Captain of the
SUPPLEMENTARY INFORMATION: The Coast Port San Diego.
DEPARTMENT OF HOMELAND
Guard will enforce the special local [FR Doc. 2017–00903 Filed 1–24–17; 8:45 am]
SECURITY
regulations in 33 CFR 100.1101 for the
BILLING CODE 9110–04–P
Coast Guard Hanohano Ocean Challenge in Mission
Bay, CA in 33 CFR 100.1101, Table 1,
33 CFR Part 100 Item 16 of that section from 7:00 a.m. DEPARTMENT OF HOMELAND
until 2:00 p.m. on January 28, 2017. SECURITY
[Docket No. USCG–2016–1060] This enforcement action is being taken
to provide for the safety of life on Coast Guard
Special Local Regulation; Southern navigable waterways during the event.
California Annual Marine Events for The Coast Guard’s regulation for 33 CFR Part 117
the San Diego Captain of the Port recurring marine events in the San
Zone—Hanohano Ocean Challenge Diego Captain of the Port Zone [Docket No. USCG–2017–0008]
identifies the regulated entities and area
AGENCY: Coast Guard, DHS.
for this event. Under the provisions of Drawbridge Operation Regulation;
ACTION: Notice of enforcement of 33 CFR 100.1101, persons and vessels Tombigbee River, Naheola, AL
regulation. are prohibited from anchoring, blocking,
loitering, or impeding within this AGENCY: Coast Guard, DHS.
SUMMARY: The Coast Guard will enforce
regulated area, unless authorized by the ACTION:Notice of deviation from
the Hanohano Ocean Challenge special
Captain of the Port, or his designated drawbridge regulation.
local regulations on the waters of
representative. The Coast Guard may be
Mission Bay, California on January 28, SUMMARY: The Coast Guard has issued a
assisted by other Federal, State, or local
2017. These special local regulations are temporary deviation from the operating
law enforcement agencies in enforcing
necessary to provide for the safety of the schedule that governs the Meridian &
this regulation.
participants, crew, spectators, sponsor Bigbee Railroad (MNBR) vertical lift
This document is issued under
vessels, and general users of the bridge across the Tombigbee River, mile
authority of 5 U.S.C. 552(a) and 33 CFR
waterway. During the enforcement 128.6 (Black Warrior Tombigbee
100.1101. In addition to this document
period, persons and vessels are Waterway mile 173.6) at Naheola,
in the Federal Register, the Coast Guard
prohibited from anchoring, blocking, between Choctaw and Marengo
will provide the maritime community
loitering, or impeding within this Counties, Alabama. The deviation is
with advance notification of this
regulated area unless authorized by the necessary to conduct maintenance
enforcement period via the Local Notice
Captain of the Port, or his designated
mstockstill on DSK3G9T082PROD with RULES
to Mariners, Broadcast Notice to essential for the continued safe
representative. operation of the bridge. This deviation
Mariners, and local advertising by the
DATES: The regulations in 33 CFR event sponsor. allows the bridge to remain in the
100.1101 will be enforced from 7:00 If the Captain of the Port Sector San closed-to-navigation position for certain
a.m. through 2:00 p.m. on January 28, Diego or his designated representative daytime hours for two (2) three day
2017 for Item 16 in Table 1 of Section determines that the regulated area need periods between Friday, January 20,
100.1101. not be enforced for the full duration 2017, and Sunday, January 29, 2017.
VerDate Sep<11>2014 16:53 Jan 24, 2017 Jkt 241001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\25JAR1.SGM 25JAR1](https://thefederalregister.org/doc/82_FR_8375/page/3.svg)
Document Created: 2017-01-25 00:09:05
Document Modified: 2017-01-25 00:09:05
| 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 final rule is effective January 25, 2017. | |
| Contact | Patrick M. Bryan, Assistant General Counsel (202-974-7093), or Thomas O. Kelly, Senior Attorney (202-974- 7059), Legal Division, Board of Governors of the Federal Reserve System, 20th Street and Constitution Ave. NW., Washington, DC 20551. For users of Telecommunication Device for the Deaf (TDD) only, contact 202/263-4869. | |
| FR Citation | 82 FR 8360 | |
| CFR Associated | Administrative Practice and Procedure; Claims; Crime; Equal Access to Justice; Lawyers and Penalties |
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