Adjusting Civil Money Penalties for Inflation, 63465-63466 [2013-25036]

Download as PDF mstockstill on DSK4VPTVN1PROD with NOTICES Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Notices disclosure is restricted by statute. Do not submit information that you consider to be CBI or otherwise protected through http:// www.regulations.gov or email. The http://www.regulations.gov Web site is an ‘‘anonymous access’’ system, which means EPA will not know your identity or contact information unless you provide it in the body of your comment. If you send an email comment directly to EPA without going through http:// www.regulations.gov, your email address will be automatically captured and included as part of the comment that is placed in the public docket and made available on the Internet. If you submit an electronic comment, EPA recommends that you include your name and other contact information in the body of your comment and with any disk or CD–ROM you submit. 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Information About IRIS EPA’s IRIS Program is a human health assessment program that evaluates quantitative and qualitative risk information on effects that may result from exposure to chemical substances found in the environment. Through the IRIS Program, EPA provides the highest quality science-based human health assessments to support the Agency’s regulatory activities and decisions to protect public health. The IRIS database contains information for more than 500 chemical substances that can be used to support the first two steps (hazard identification and dose-response evaluation) of the human health risk assessment process. When supported by available data, IRIS provides health effects information and toxicity values for health effects (including cancer and effects other than cancer). Government and others combine IRIS toxicity values with exposure information to characterize public health risks of chemical substances; this information is then used to support risk management decisions designed to protect public health and the environment. II. Extension of Comment Period The EPA is extending the deadline for submitting comments on the draft Toxicological Review of Benzo[a]pyrene and on the draft peer review charge questions to November 21, 2013. The original deadline for comments was October 21, 2013, as announced in the Federal Register on August 21, 2013 (78 FR 51719). This decision responds to requests to extend the comment deadline from the following organizations: American Coke and Coal Chemicals Institute, American Fuel & Petrochemical Manufacturers, American Petroleum Institute, Asphalt Institute, Association of American Railroads, and the Pavement Coatings Technology Council. The EPA believes this extension will assist in providing an adequate amount of additional time for the public to review the drafts and to provide written comments. EPA released this draft assessment and peer review charge questions for the purpose of public comment. This draft assessment is not final as described in EPA’s information quality guidelines, and it does not represent and should not be construed to represent Agency policy or views. III. Bimonthly Public Meeting In addition to the extension of the public comment period announced in this notice, the draft assessment will be discussed at the bimonthly IRIS public PO 00000 Frm 00018 Fmt 4703 Sfmt 4703 63465 meeting scheduled for December 12–13, 2013. Information on this meeting, including location, time, registration, and participation procedures, will be available on the IRIS Web site (http:// www.epa.gov/iris/publicmeeting/). The purpose of the IRIS public meeting is to allow all interested parties to present scientific and technical comments on the draft IRIS health assessment and charge questions to EPA and other interested parties attending the meeting. The public comments provided in response to this notice, and at the IRIS public meeting, will be considered by the Agency prior to submitting the draft assessment to EPA’s Science Advisory Board (SAB) for peer review. IV. Peer Review In addition to this public comment period, the draft assessment will be sent to the SAB Chemical Assessment Advisory Committee (CAAC) for peer review. The EPA SAB is a body established under the Federal Advisory Committee Act with a broad mandate to advise the Agency on scientific matters. The public comment period and bimonthly public meeting announced in this notice are separate processes from the SAB/CAAC peer review. The SAB will schedule one or more public peer review meetings, which will be announced in a separate Federal Register Notice at a later date. Dated: September 26, 2013. Kenneth Olden, Director, National Center for Environmental Assessment. [FR Doc. 2013–25068 Filed 10–23–13; 8:45 am] BILLING CODE 6560–50–P FARM CREDIT SYSTEM INSURANCE CORPORATION Adjusting Civil Money Penalties for Inflation Farm Credit System Insurance Corporation. ACTION: Notice. AGENCY: This notice assesses the need for cost-of-living adjustments to the civil money penalties (CMPs) that the Farm Credit System Insurance Corporation (FCSIC) may impose under the Farm Credit Act of 1971, as amended. The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996, requires all Federal agencies with statutory authority to impose CMPs to regularly evaluate those CMPs and to adjust them periodically for inflation, so they continue to maintain their deterrent value. Consequently, FCSIC is SUMMARY: E:\FR\FM\24OCN1.SGM 24OCN1 63466 Federal Register / Vol. 78, No. 206 / Thursday, October 24, 2013 / Notices issuing this notice concerning any required adjustments to the CMPs. or the methods used to determine the adjustment. FEDERAL COMMUNICATIONS COMMISSION Rick Pfitzinger, Director Risk Management or 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: 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 the FCSIC may recover for its use.5 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.6 For each willful violation of section 5.65(d) of the Act, the institution involved shall be subject to a penalty of not more than $100 for each day during which the violation continues, which the FCSIC may recover for its use. As adjusted for inflation pursuant to the requirements of the DCIA, the current regulation at 12 CFR 1411.1, which was promulgated in 2001, 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. Information Collection Being Reviewed by the Federal Communications Commission Under Delegated Authority FOR FURTHER INFORMATION CONTACT: Background mstockstill on DSK4VPTVN1PROD with NOTICES A. Statutes Concerning Inflation Adjustment of Civil Money Penalties The Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIA Act),1 as amended by the Debt Collection Improvement Act of 1996 (DCIA),2 provides for the regular evaluation of CMPs and requires FCSIC, and every other Federal agency with authority to impose CMPs,3 to ensure that CMPs continue to maintain their deterrent values. An agency must enact regulations that adjust its CMPs pursuant to the inflation adjustment formula of the FCPIA Act. The amended FCPIA Act specifies that inflationadjusted 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 Price Index (CPI) for all consumers (CPI–U).4 Specifically, the term ‘‘cost-of-living adjustment’’ is defined 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, any increase to a CMP that is adjusted for inflation must be rounded using a method prescribed by the FCPIA Act. Agencies do not have discretion in choosing whether to adjust a CMP, by how much to adjust a CMP, 1 Public Law 101–104, 104 Stat. 890 (October 5, 1990), codified at 28 U.S.C. 2461 note. 2 Public Law 104–134, title III, section 31001(s), 110 Stat. 1321–373 (April 26, 1996), codified at 28 U.S.C. 2461 note. 3 Under the amended FCPIA 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 defined as a CMP. 4 The CPI is published by the Department of Labor, Bureau of Labor Statistics, and is available at its Web site: ftp://ftp.bls.gov/pub/ special.requests/cpi/cpiai.txt. VerDate Mar<15>2010 17:25 Oct 23, 2013 Jkt 232001 C. Mathematical Calculation 1. The adjustment calculation is based on the percentage by which the CPI for June 2012 exceeds the CPI for June 2001. According to the Bureau of Labor Statistics, the CPI for June 2001 was 178, and the CPI for June 2012 was 229.478, resulting in a percentage change of 28.92 percent. 2. Penalty amounts remain the same in 12 CFR 1411.1. 3. The maximum CMP in 12 CFR 1411.1 for a violation of section 5.65(c) or (d) of the Act is currently $117. Multiplying $117 by 28.92 percent results in $33.84. When that number is rounded as required by the FCPIA Act,7 the inflation-adjusted maximum remains the same. Dated: October 18, 2013. Dale L. Aultman, Secretary to the Board, Farm Credit System Insurance Corporation. [FR Doc. 2013–25036 Filed 10–23–13; 8:45 am] BILLING CODE 6710–01–P 5 12 U.S.C. 2277a–14(c). U.S.C. 2277a–14(d). 7 Any increase must be rounded to the nearest multiple of $100 in the case of penalties greater than $100 but less than or equal to $1,000. Therefore, $33.84 is rounded to the nearest multiple of $100, which is $0. 6 12 PO 00000 Frm 00019 Fmt 4703 Sfmt 4703 Federal Communications Commission. AGENCY: ACTION: Notice; request for comments. As part of its continuing effort to reduce paperwork burden and as required by the Paperwork Reduction Act (PRA) of 1995 (44 U.S.C. 3501– 3520), the Federal Communications Commission invites the general public and other Federal agencies to take this opportunity to comment on the following information collection(s). Comments are requested concerning: Whether the proposed collection of information is necessary for the proper performance of the functions of the Commission, including whether the information shall have practical utility; the accuracy of the Commission’s burden estimate; ways to enhance the quality, utility, and clarity of the information collected; ways to minimize the burden of the collection of information on the respondents, including the use of automated collection techniques or other forms of information technology; and ways to further reduce the information burden for small business concerns with fewer than 25 employees. The FCC may not conduct or sponsor a collection of information unless it displays a currently valid OMB control number. No person shall be subject to any penalty for failing to comply with a collection of information subject to the Paperwork Reduction Act (PRA) that does not display a valid OMB control number. SUMMARY: Written Paperwork Reduction Act (PRA) comments should be submitted on or before December 23, 2013. If you anticipate that you will be submitting PRA comments, but find it difficult to do so within the period of time allowed by this notice, you should advise the FCC contact listed below as soon as possible. DATES: Submit your PRA comments to Nicholas A. Fraser, Office of Management and Budget, via fax at 202– 395–5167 or via Internet at Nicholas_A._Fraser@omb.eop.gov and to Judith B. Herman, Federal Communications Commission, via the Internet at Judith-b.herman@fcc.gov. To submit your PRA comments by email send them to: PRA@fcc.gov. ADDRESSES: E:\FR\FM\24OCN1.SGM 24OCN1

Agencies

[Federal Register Volume 78, Number 206 (Thursday, October 24, 2013)]
[Notices]
[Pages 63465-63466]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2013-25036]


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FARM CREDIT SYSTEM INSURANCE CORPORATION


Adjusting Civil Money Penalties for Inflation

AGENCY: Farm Credit System Insurance Corporation.

ACTION: Notice.

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SUMMARY: This notice assesses the need for cost-of-living adjustments 
to the civil money penalties (CMPs) that the Farm Credit System 
Insurance Corporation (FCSIC) may impose under the Farm Credit Act of 
1971, as amended. The Federal Civil Penalties Inflation Adjustment Act 
of 1990, as amended by the Debt Collection Improvement Act of 1996, 
requires all Federal agencies with statutory authority to impose CMPs 
to regularly evaluate those CMPs and to adjust them periodically for 
inflation, so they continue to maintain their deterrent value. 
Consequently, FCSIC is

[[Page 63466]]

issuing this notice concerning any required adjustments to the CMPs.

FOR FURTHER INFORMATION CONTACT: Rick Pfitzinger, Director Risk 
Management or 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:

Background

A. Statutes Concerning Inflation Adjustment of Civil Money Penalties

    The Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIA 
Act),\1\ as amended by the Debt Collection Improvement Act of 1996 
(DCIA),\2\ provides for the regular evaluation of CMPs and requires 
FCSIC, and every other Federal agency with authority to impose CMPs,\3\ 
to ensure that CMPs continue to maintain their deterrent values. An 
agency must enact regulations that adjust its CMPs pursuant to the 
inflation adjustment formula of the FCPIA Act. 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 Price 
Index (CPI) for all consumers (CPI-U).\4\ Specifically, the term 
``cost-of-living adjustment'' is defined 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, any increase to a 
CMP that is adjusted for inflation must be rounded using a method 
prescribed by the FCPIA Act. 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.
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    \1\ Public Law 101-104, 104 Stat. 890 (October 5, 1990), 
codified at 28 U.S.C. 2461 note.
    \2\ Public Law 104-134, title III, section 31001(s), 110 Stat. 
1321-373 (April 26, 1996), codified at 28 U.S.C. 2461 note.
    \3\ Under the amended FCPIA 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 
defined as a CMP.
    \4\ The CPI is published by the Department of Labor, Bureau of 
Labor Statistics, and is available at its Web site: ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.txt.
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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 the FCSIC may recover for its 
use.\5\ 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.\6\ For each willful violation of 
section 5.65(d) of the Act, the institution involved shall be subject 
to a penalty of not more than $100 for each day during which the 
violation continues, which the FCSIC may recover for its use.
---------------------------------------------------------------------------

    \5\ 12 U.S.C. 2277a-14(c).
    \6\ 12 U.S.C. 2277a-14(d).
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    As adjusted for inflation pursuant to the requirements of the DCIA, 
the current regulation at 12 CFR 1411.1, which was promulgated in 2001, 
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.

C. Mathematical Calculation

    1. The adjustment calculation is based on the percentage by which 
the CPI for June 2012 exceeds the CPI for June 2001. According to the 
Bureau of Labor Statistics, the CPI for June 2001 was 178, and the CPI 
for June 2012 was 229.478, resulting in a percentage change of 28.92 
percent.
    2. Penalty amounts remain the same in 12 CFR 1411.1.
    3. The maximum CMP in 12 CFR 1411.1 for a violation of section 
5.65(c) or (d) of the Act is currently $117.
    Multiplying $117 by 28.92 percent results in $33.84. When that 
number is rounded as required by the FCPIA Act,\7\ the inflation-
adjusted maximum remains the same.
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    \7\ Any increase must be rounded to the nearest multiple of $100 
in the case of penalties greater than $100 but less than or equal to 
$1,000. Therefore, $33.84 is rounded to the nearest multiple of 
$100, which is $0.

    Dated: October 18, 2013.
 Dale L. Aultman,
Secretary to the Board, Farm Credit System Insurance Corporation.
[FR Doc. 2013-25036 Filed 10-23-13; 8:45 am]
BILLING CODE 6710-01-P