83 FR 3563 - Rules of Practice and Procedure; Adjusting Civil Money Penalties for Inflation
FARM CREDIT SYSTEM INSURANCE CORPORATION Federal Register Volume 83, Issue 18 (January 26, 2018)
Federal Register Volume 83, Issue 18 (January 26, 2018)
| Page Range | 3563-3564 | |
| FR Document | 2018-01421 |
[Federal Register Volume 83, Number 18 (Friday, January 26, 2018)] [Rules and Regulations] [Pages 3563-3564] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-01421] ======================================================================== 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. ======================================================================== Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations [[Page 3563]] FARM CREDIT SYSTEM INSURANCE CORPORATION 12 CFR Part 1411 RIN 3055-AA14 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 January 26, 2018. FOR FURTHER INFORMATION CONTACT: Howard Rubin, General Counsel, Farm Credit System Insurance Corporation, (703) 883-4380, TTY (703) 883- 4390, [email protected]. 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 annually 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 provides that FCSIC can impose a maximum penalty of $201 per day for a violation under section 5.65(c) and (d) of the Act. C. Required Adjustments The 2015 Act requires agencies to make annual adjustments for inflation. Annual inflation adjustments are based on the percent change between the October Consumer Price Index for all Urban Consumers (CPI- U) preceding the date of the adjustment, and the prior year's October CPI-U. Based on the CPI-U for October 2017, not seasonally adjusted, the cost-of-living adjustment multiplier for 2018 is 1.02041.\5\ Multiplying 1.02041 times the current penalty amount of $201, after rounding to the nearest dollar as required by the 2015 Act, results is a new penalty amount of $205. --------------------------------------------------------------------------- \5\ See Office of Management and Budget Memorandum M-18-03 (December 15, 2017). --------------------------------------------------------------------------- D. Notice and Comment Not Required by Administrative Procedure Act In accordance with the 2015 Act, Federal agencies shall adjust civil monetary penalties ``notwithstanding'' Section 553 of the Administrative Procedures Act. This means that public procedure generally required for agency rulemaking--notice, an opportunity for comment, and a delay in effective date--is not required for agencies to issue regulations implementing the annual adjustment. 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: 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, shall not exceed $205 per day for each day the violation continues. [[Page 3564]] Dated: January 23, 2018. Dale L. Aultman, Secretary to the Board, Farm Credit System Insurance Corporation. [FR Doc. 2018-01421 Filed 1-25-18; 8:45 am] BILLING CODE 6710-01-P
![3564 Federal Register / Vol. 83, No. 18 / Friday, January 26, 2018 / Rules and Regulations
Dated: January 23, 2018. FAA, Transport Standards Branch, 1601 number] 0105, to reinforce the pressurized
Dale L. Aultman, Lind Avenue SW, Renton, WA. For floor fitting lower surface by changing
information on the availability of this material. For affected in-service aeroplanes,
Secretary to the Board, Farm Credit System
material at the FAA, call 425–227–1221. Airbus issued Service Bulletin (SB) A320–
Insurance Corporation.
57–1028, introducing repetitive inspections,
[FR Doc. 2018–01421 Filed 1–25–18; 8:45 am] It is also available on the internet at and SB A320–57–1029, which provides
BILLING CODE 6710–01–P http://www.regulations.gov by searching modification instructions.
for and locating Docket No. FAA–2017– DGAC [Direction Générale de l’Aviation
0716. Civile] France issued AD 95–099–067 to
DEPARTMENT OF TRANSPORTATION require these repetitive inspections and,
Examining the AD Docket depending on findings, corrective action(s),
Federal Aviation Administration You may examine the AD docket on while the modification was specified in that
the internet at http:// [French] AD as optional terminating action
www.regulations.gov by searching for for these inspections.
14 CFR Part 39 Following new analysis in the frame of
and locating Docket No. FAA–2017–
[Docket No. FAA–2017–0716; Product Extended Service Goal exercise, the
0716; or in person at the Docket
Identifier 2016–NM–165–AD; Amendment inspection thresholds and intervals were
Management Facility between 9 a.m. revised to meet the original Design Service
39–19165; AD 2018–02–12]
and 5 p.m., Monday through Friday, Goal. Consequently, EASA issued AD 2013–
RIN 2120–AA64 except Federal holidays. The AD docket 0226 [which corresponds to FAA AD 2016–
contains this AD, the regulatory 02–01 (81 FR 4878, January 28, 2016)] to
Airworthiness Directives; Airbus evaluation, any comments received, and retain the requirements of DGAC France AD
Airplanes other information. The address for the 95–099–067, which was superseded, but
Docket Office (telephone: 800–647– required those actions within reduced
AGENCY: Federal Aviation compliance times.
Administration (FAA), Department of 5527) is Docket Management Facility,
Since that [EASA] AD was issued, in the
Transportation (DOT). U.S. Department of Transportation,
frame of Widespread Fatigue Damages
Docket Operations, M–30, West
ACTION: Final rule. analysis, the situation has been reassessed
Building Ground Floor, Room W12–140, and it has been decided to reclassify the
SUMMARY: We are superseding 1200 New Jersey Avenue SE, modification, still stated as ‘optional’
Airworthiness Directive (AD) 2016–02– Washington, DC 20590. terminating action in EASA AD 2013–0226,
01, which applied to certain Airbus FOR FURTHER INFORMATION CONTACT: to the status ‘mandatory’.
Model A320–211, –212, and –231 Sanjay Ralhan, Aerospace Engineer, For the reasons described above, this
airplanes. AD 2016–02–01 required International Section, Transport [EASA] AD retains the requirements of EASA
AD 2013–0226, which is superseded, but
repetitive inspections to detect cracks of Standards Branch, FAA, 1601 Lind
requires embodiment of the modification as
the pressurized floor fittings at a certain Avenue SW, Renton, WA 98057–3356; specified in Airbus SB A320–57–1029.
frame, and renewal of the zone telephone: 425–227–1405; fax: 425–
protective finish or replacement of 227–1149. You may examine the MCAI in the
fittings with new fittings if necessary. SUPPLEMENTARY INFORMATION:
AD docket on the internet at http://
AD 2016–02–01 also provided an www.regulations.gov by searching for
optional modification that was Discussion and locating Docket No. FAA–2017–
terminating action for the repetitive We issued a notice of proposed 0716.
inspections. This new AD retains the rulemaking (NPRM) to amend 14 CFR Comments
requirements of AD 2016–02–01, and part 39 to supersede AD 2016–02–01,
Amendment 39–18380 (81 FR 4878, We gave the public the opportunity to
requires accomplishment of the
January 28, 2016) (‘‘AD 2016–02–01’’). participate in developing this AD. The
modification that was optional in AD
AD 2016–02–01 applied to certain following presents the comment
2016–02–01. This AD was prompted by
Airbus Model A320–211, –212, and received on the NPRM and the FAA’s
the results of an additional fatigue
–231 airplanes. The NPRM published in response to that comment.
analysis of cracking of the pressurized
floor fittings and a determination that the Federal Register on August 15, 2017 Request To Revise the Applicability
the optional modification should (82 FR 38618). Allegiant Air noted that the
become a required action. We are The European Aviation Safety Agency
applicability specified in paragraph (c)
issuing this AD to address the unsafe (EASA), which is the Technical Agent
of the proposed AD included Airbus
condition on these products. for the Member States of the European
Model A320–214 airplanes. The
DATES: This AD is effective March 2, Union, has issued EASA AD 2016–0181,
commenter asked if Model A320–214
2018. dated September 13, 2016 (referred to
airplanes were included in the
The Director of the Federal Register after this as the Mandatory Continuing
applicability in error. The commenter
approved the incorporation by reference Airworthiness Information, or ‘‘the
observed that neither the applicability
of certain other publications listed in MCAI’’), to correct an unsafe condition
of AD 2016–02–01 or EASA AD 2016–
this AD as of March 3, 2016 (81 FR for certain Airbus Model A320–211,
0181, nor the effectivity of Airbus
4878, January 28, 2016). –212, and –231 airplanes. The MCAI
Service Bulletin A320–57–1028,
ADDRESSES: For service information
states:
Revision 02, dated June 3, 2013,
identified in this final rule, contact During centre fuselage certification full included Model A320–214 airplanes.
Airbus, Airworthiness Office—EIAS, 1 scale fatigue testing, damage was found on We infer that the commenter is
Rond Point Maurice Bellonte, 31707 the pressurized floor fittings at Frame (FR) requesting that Model A320–214
daltland on DSKBBV9HB2PROD with RULES
Blagnac Cedex, France; telephone: +33 5 36, below the lower surface panel. airplanes be removed from the
This condition, if not detected and
61 93 36 96; fax: +33 5 61 93 44 51; corrected, could affect the structural integrity
applicability of the proposed AD. We
email: account.airworth-eas@ of the aeroplane. agree, for the reasons provided by the
airbus.com; internet: http:// To prevent such damage, Airbus developed commenter. This final rule is not
www.airbus.com. You may view this modification 21282, which was introduced in applicable to Model A320–214
referenced service information at the production from MSN [manufacturer serial airplanes; therefore, we have revised the
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Document Created: 2018-10-26 10:04:05
Document Modified: 2018-10-26 10:04:05
| 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 rule is effective January 26, 2018. | |
| Contact | Howard Rubin, General Counsel, Farm Credit System Insurance Corporation, (703) 883-4380, TTY (703) 883- 4390, [email protected] | |
| FR Citation | 83 FR 3563 | |
| RIN Number | 3055-AA14 | |
| CFR Associated | Banks; Banking; Civil Money Penalties and Penalties |
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