New Addresses, 12583 [05-5053]
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12583
Rules and Regulations
Federal Register
Vol. 70, No. 49
Tuesday, March 15, 2005
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.
impose under the Farm Credit Act of
1971, as amended (Farm Credit Act),
and under the National Flood Insurance
Reform Act of 1994 (Reform Act). The
Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by
the Debt Collection Improvement Act of
1996, requires all Federal agencies with
the authority to impose CMPs to
evaluate those CMPs periodically to
ensure that they continue to maintain
their deterrent value.
FEDERAL LABOR RELATIONS
AUTHORITY
EFFECTIVE DATE:
5 CFR Chapter XIV
FOR FURTHER INFORMATION CONTACT:
The regulation will
become effective on March 16, 2005.
New Addresses
Federal Labor Relations
Authority.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: On March 9, 2005 (70 FR
11535), a final rule was published
announcing the relocation of the Boston
Regional Office of the Federal Labor
Relations Authority effective March 21,
2005. However, the moving date of the
Boston Regional Office has been delayed
and the relocation will be effective April
25, 2005.
DATES: Effective Date: March 9, 2005.
FOR FURTHER INFORMATION CONTACT:
Yvonne Thomas, Director,
Administrative Services Division,
Federal Labor Relations Authority, 1400
K Street, NW., Washington, DC 20424–
0001; (202) 218–7750.
Dated: March 10, 2005.
Yvonne Thomas,
Director, Administrative Services Division.
[FR Doc. 05–5053 Filed 3–10–05; 12:59 pm]
BILLING CODE 6727–01–P
FARM CREDIT ADMINISTRATION
12 CFR Part 622
Mark L. Johansen, Senior Policy Analyst,
Office of Policy and Analysis, Farm Credit
Administration, McLean, VA 22102–5090,
(703) 883–4498, TTY (703) 883–4434; or
Wendy R. Laguarda, Senior Counsel, or
Rebecca S. Orlich, Senior Attorney, Office
of General Counsel, Farm Credit
Administration, McLean, VA 22102–5090,
(703) 883–4020, TTY (703) 883–4020.
SUPPLEMENTARY INFORMATION:
I. Background
A. Federal Civil Penalties Inflation
Adjustment Act of 1990, as Amended
The Federal Civil Penalties Inflation
Adjustment Act of 1990 (FCPIA Act),1
as amended by the Debt Collection
Improvement Act of 1996 (DCIA),2
requires every Federal agency with
authority to issue CMPs 3 to enact
regulations that adjust its CMPs
pursuant to the inflation adjustment
formula in section 5(b) of the FCPIA
Act. Each Federal agency was required
to issue these regulations by October 23,
1996, and adjust when necessary at least
once every 4 years thereafter. Section 6
of the amended FCPIA Act specifies that
inflation-adjusted CMPs will apply only
to violations that occur after the
effective date of the adjustment. The
inflation adjustment is based on the
percentage increase in the Consumer
RIN 3052–AC28
Rules of Practice and Procedure;
Adjusting Civil Money Penalties for
Inflation
Farm Credit Administration.
ACTION: Final rule.
AGENCY:
SUMMARY: This regulation implements
cost-of-living adjustments to civil
money penalties (CMPs) that the Farm
Credit Administration (FCA) may
VerDate jul<14>2003
13:39 Mar 14, 2005
Jkt 205001
1 Pub. L. 101–410, 104 Stat. 890 (October 5, 1990),
codified at 28 U.S.C. 2461 note.
2 Pub. L. 104–134, title III, section 31001(s), 110
Stat. 1321–373 (April 26, 1996), codified at 28
U.S.C. 2461 note.
3 Section 3(2) of the amended FCPIA Act defines
a CMP 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.
PO 00000
Frm 00001
Fmt 4700
Sfmt 4700
Price Index (CPI).4 Specifically, section
5(b) of the FCPIA Act defines the term
‘‘cost-of-living adjustment’’ as ‘‘the
percentage (if any) for each civil
monetary penalty by which (1) the
Consumer Price Index for the month of
June of the calendar year preceding the
adjustment, exceeds (2) the Consumer
Price Index for the month of June of the
calendar year in which the amount of
such civil monetary penalty was last set
or adjusted pursuant to law.’’
Furthermore, the increase for each CMP
that is adjusted for inflation must be
rounded using a method prescribed by
section 5(a) of the FCPIA Act. We made
our last adjustments to CMPs issued
under the Farm Credit Act in October
1996.5
B. CMPs Issued Under the Farm Credit
Act
The adjustment requirement affects
two provisions of section 5.32(a) of the
Farm Credit Act, which authorizes the
FCA to impose CMPs on Farm Credit
System (FCS or System) institutions and
their related parties. Section 5.32(a)
provides that any FCS institution or any
officer, director, employee, agent, or
other person participating in the
conduct of the affairs of an FCS
institution who violates the terms of a
final order issued under section 5.25 or
5.26 of the Farm Credit Act must pay up
to $1,000 per day for each day during
which such violation continues. Orders
issued under section 5.25 or 5.26 of the
Farm Credit Act include temporary and
permanent cease-and-desist orders. In
addition, section 5.32(h) provides for
the FCA to treat a directive issued under
sections 4.3(b)(2), 4.3A(e), or 4.14A(i) of
the Farm Credit Act as a final order
issued under section 5.25 for purposes
of assessing a CMP. Section 5.32(a) also
states that ‘‘[a]ny such institution or
person who violates any provision of
the [Farm Credit] Act or any regulation
issued under this Act shall forfeit and
pay a civil penalty of not more that $500
per day for each day during which such
violation continues.’’ The maximum
4 The CPI is published by the Department of
Labor, Bureau of Statistics, and is available at its
Web site: ftp://ftp.bls.gov/pub/special.requests/cpi/
cpiai.txt.
5 We made CMP adjustments in 2000 and
rescinded them in 2002 pursuant to instructions
from the General Accounting Office (now the
Government Accountability Office). See 65 FR
46087 (July 27, 2000) and 67 FR 68931 (Nov. 14,
2002).
E:\FR\FM\15MRR1.SGM
15MRR1
]]>Agencies
[Federal Register Volume 70, Number 49 (Tuesday, March 15, 2005)]
[Rules and Regulations]
[Page 12583]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 05-5053]
========================================================================
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. 70, No. 49 / Tuesday, March 15, 2005 / Rules
and Regulations
[[Page 12583]]
FEDERAL LABOR RELATIONS AUTHORITY
5 CFR Chapter XIV
New Addresses
AGENCY: Federal Labor Relations Authority.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: On March 9, 2005 (70 FR 11535), a final rule was published
announcing the relocation of the Boston Regional Office of the Federal
Labor Relations Authority effective March 21, 2005. However, the moving
date of the Boston Regional Office has been delayed and the relocation
will be effective April 25, 2005.
DATES: Effective Date: March 9, 2005.
FOR FURTHER INFORMATION CONTACT: Yvonne Thomas, Director,
Administrative Services Division, Federal Labor Relations Authority,
1400 K Street, NW., Washington, DC 20424-0001; (202) 218-7750.
Dated: March 10, 2005.
Yvonne Thomas,
Director, Administrative Services Division.
[FR Doc. 05-5053 Filed 3-10-05; 12:59 pm]
BILLING CODE 6727-01-P
