Civil Monetary Penalty Inflation Adjustment, 29710-29711 [2017-13643]
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
performs such servicing activities in
accordance with the terms of the
applicable servicing agreements, with
respect to the financial assets included
in securitizations that meet the
requirements applicable to that
securitization as set forth in paragraphs
(b) and (c) of this section.
(f) Notice for consent. Any party
requesting the NCUA Board’s consent as
conservator or liquidating agent under
12 U.S.C. 1787(c)(13)(C) pursuant to
paragraph (d)(3)(i) of this section must
provide notice to the President, NCUA
Asset Management & Assistance Center,
4807 Spicewood Springs Road, Suite
5100, Austin TX 78759–8490, and a
statement of the basis upon which such
request is made, and copies of all
documentation supporting such request,
including without limitation a copy of
the applicable agreements and of any
applicable notices under the contract.
(g) Contemporaneous requirement.
The NCUA Board as conservator or
liquidating agent will not seek to avoid
an otherwise legally enforceable
agreement that is executed by an
insured credit union in connection with
a securitization or in the form of a
participation solely because the
agreement does not meet the
‘‘contemporaneous’’ requirement of 12
U.S.C. 1787(b)(9) and 1788(a)(3).
(h) Limitations. The consents set forth
in this section do not act to waive or
relinquish any rights granted to NCUA
in any capacity, including the NCUA
Board as conservator or liquidating
agent, pursuant to any other applicable
law or any agreement or contract except
as specifically set forth herein. Nothing
contained in this section alters the
claims priority of the securitized
obligations.
(i) No waiver. This section does not
authorize the attachment of any
involuntary lien upon the property of
the NCUA Board as conservator or
liquidating agent. Nor does this section
waive, limit, or otherwise affect the
rights or powers of NCUA in any
capacity, including the NCUA Board as
conservator or liquidating agent, to take
any action or to exercise any power not
specifically mentioned, including but
not limited to any rights, powers or
remedies of the NCUA Board as
conservator or liquidating agent
regarding transfers or other conveyances
taken in contemplation of the credit
union’s insolvency or with the intent to
hinder, delay or defraud the credit
union or the creditors of such credit
union, or that is a fraudulent transfer
under applicable law.
(j) No assignment. The right to
consent under 12 U.S.C. 1787(c)(13)(C)
may not be assigned or transferred to
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17:26 Jun 29, 2017
Jkt 241001
any purchaser of property from the
NCUA Board as conservator or
liquidating agent, other than to a
conservator or bridge credit union.
(k) Repeal. This section may be
repealed by NCUA upon 30 days’ notice
provided in the Federal Register, but
any repeal does not apply to any
issuance made in accordance with this
section before such repeal.
[FR Doc. 2017–13636 Filed 6–29–17; 8:45 am]
BILLING CODE 7535–01–P
NATIONAL CREDIT UNION
ADMINISTRATION
12 CFR Part 747
RIN 3133–AE67
Civil Monetary Penalty Inflation
Adjustment
National Credit Union
Administration (NCUA).
ACTION: Final rule.
AGENCY:
On January 23, 2017, the
NCUA Board (Board) published an
interim final rule amending its
regulations to adjust the maximum
amount of each civil monetary penalty
(CMP) within its jurisdiction to account
for inflation. This action, including the
amount of the adjustments, is required
under the Federal Civil Penalties
Inflation Adjustment Act of 1990, as
amended by the Debt Collection
Improvement Act of 1996 and the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015. This rule finalizes those
amendments.
DATES: Effective June 30, 2017.
FOR FURTHER INFORMATION CONTACT: Ian
Marenna, Senior Trial Attorney, at 1775
Duke Street, Alexandria, VA 22314, or
telephone: (703) 518–6540.
SUPPLEMENTARY INFORMATION:
SUMMARY:
I. Background
II. Regulatory Procedures
I. Background
The Debt Collection Improvement Act
of 1996 1 (DCIA) amended the Federal
Civil Penalties Inflation Adjustment Act
of 1990 2 (FCPIA Act) to require every
federal agency to enact regulations that
adjust each CMP provided by law under
its jurisdiction by the rate of inflation at
least once every four years. In November
2015, Congress further amended the
CMP inflation requirements in the
1 Public Law 104–134, section 31001(s), 110 Stat.
1321–373 (Apr. 26, 1996). The law is codified at 28
U.S.C. 2461 note.
2 Public Law 101–410, 104 Stat. 890 (Oct. 5,
1990), also codified at 28 U.S.C. 2461 note.
PO 00000
Frm 00012
Fmt 4700
Sfmt 4700
Bipartisan Budget Act of 2015,3 which
contains the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (the 2015 amendments).4
This legislation provides for an initial
‘‘catch-up’’ adjustment of CMPs in 2016,
followed by annual inflation
adjustments starting in 2017.
On January 23, 2017, in compliance
with the 2015 amendments, the Board
published the annual inflation
adjustments for 2017 in an interim final
rule with a request for comments in the
Federal Register.5 In calculating the
adjustments, the Board reviewed and
applied government-wide guidance
issued by the Office of Management and
Budget (OMB).6 In accordance with the
procedures and calculations prescribed
by the 2015 amendments and OMB’s
guidance, the Board adjusted the
maximum level of each of the CMPs that
NCUA has authority to assess. NCUA is
not, however, required to assess at the
new maximum levels and retains
discretion to assess at lower levels, as it
has done historically.7
The interim final rule became
effective on January 23, 2017. The Board
received no comments on the rule.
Accordingly, this final rule confirms the
adjustments made in the interim final
rule without change.
II. Regulatory Procedures
Section III of the Supplementary
Information in the January 2017 interim
final rule sets forth the Board’s analyses
under the Administrative Procedure
Act, the Regulatory Flexibility Act, the
Paperwork Reduction Act of 1995, the
Small Business Regulatory Enforcement
Fairness Act (SBREFA), Executive Order
13132, and the Treasury and General
Government Appropriations Act.8
Because the final rule confirms the
interim final rule and does not alter the
substance of the analyses and
determinations accompanying the
interim final rule, the Board continues
to rely on those analyses and
determinations for purposes of this
rulemaking. The Board notes that OMB
determined that the interim final rule is
not a ‘‘major rule’’ within the meaning
of SBREFA.
3 Public
Law 114–74, 129 Stat. 584 (Nov. 2, 2015).
Stat. 599.
5 82 FR 7637 (Jan. 23, 2017).
6 Office of Management and Budget,
Implementation of the 2017 Annual Adjustment
Pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, M–17–
11 (Dec. 16, 2016).
7 82 FR 7637, 7639 (Jan. 23, 2017).
8 See 82 FR 7640.
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Federal Register / Vol. 82, No. 125 / Friday, June 30, 2017 / Rules and Regulations
By the National Credit Union
Administration Board on June 23, 2017.
Gerard Poliquin,
Secretary of the Board.
For the reasons stated above, the
interim final rule amending 12 CFR part
747, published at 82 FR 7637 (Jan. 23,
2017) is adopted as a final rule without
change.
■
[FR Doc. 2017–13643 Filed 6–29–17; 8:45 am]
BILLING CODE 7535–01–P
NATIONAL CREDIT UNION
ADMINISTRATION
II. Summary of Public Comments and
Final Rule
12 CFR Part 792
RIN 3133–AD44
Revisions to the Freedom of
Information Act Regulation
National Credit Union
Administration (NCUA).
ACTION: Final rule.
AGENCY:
The NCUA Board (Board) is
finalizing its interim final rule
amending its Freedom of Information
Act (FOIA) regulation. The FOIA
Improvement Act of 2016 amended the
FOIA and required agencies to review
their FOIA regulations and issue certain
amendments by December 27, 2016. The
amendments included revised
procedures for disclosing records under
the FOIA, assessing fees, and notifying
requestors of options for resolving
disputes through the NCUA FOIA
Public Liaison and the Office of
Government Information Services
(OGIS) within the National Archives
and Records Administration. The
interim final rule became effective on
December 22, 2016. This rulemaking
finalizes the interim rule with minor
edits for consistency and clarification.
DATES: Effective June 30, 2017.
FOR FURTHER INFORMATION CONTACT:
Regina Metz, Senior Staff Attorney, or
Linda Dent, Associate General Counsel,
Administrative Law Section, Office of
General Counsel, at 1775 Duke Street,
Alexandria, Virginia 22314–3428, or
telephone: (703) 518–6540.
SUPPLEMENTARY INFORMATION:
mstockstill on DSK30JT082PROD with RULES
SUMMARY:
I. Background
On December 22, 2016, NCUA
published an interim final rule 1 to
revise its FOIA regulation at part 792,
subpart A of the agency’s regulations 2
in accordance with new requirements
under the FOIA Improvement Act of
2016.3 The interim final rule became
1 81
FR 93792 (Dec 22, 2016).
CFR part 792.
3 Public Law 114–185, 130 Stat. 538.
2 12
VerDate Sep<11>2014
17:26 Jun 29, 2017
effective on December 22, 2016. The
NCUA accepted public comments,
however, until January 23, 2017.
The interim final rule revised
procedures for the disclosure of records,
including procedures for engaging in
dispute resolution through the FOIA
Public Liaison and the OGIS. The
revisions were necessary to comply with
amendments to the FOIA Improvement
Act of 2016. NCUA is issuing this
rulemaking to finalize the interim rule
with minor wording changes for
consistency and clarification.
Jkt 241001
NCUA received two comments on the
interim final rule. One was from a trade
organization and one was from an
institute. One comment was fully
supportive of the Act, noting that the
interim rule met all the technical
statutory requirements. The comment,
however, also urged the NCUA to
exceed the requirements and continue
to adopt a presumption of openness.
NCUA’s longstanding FOIA practices
include a presumption of openness
which will continue under the final
rule.
In addition, the commenter believes
the NCUA should post every FOIA
response to its Web site. The FOIA and
the interim final rule, in section
792.03(c), already provide that NCUA
must post on its Web site records
released in response to a FOIA request
that are either: Likely to be the subject
of subsequent requests because of the
nature of their subject matter; or records
that have been requested three or more
times. NCUA generally exceeds these
requirements, posting on its FOIA page
records requested more than once and
considering each record requested for
possible routine Web site posting. As
every record requested, however, is not
of interest to the general public, NCUA
is adopting this section in the final rule
without change.
The other commenter requested that
NCUA revise its definition of
‘‘representative of the news media’’ in
§ 792.20 to be consistent with the FOIA
at 5 U.S.C. 552(a)(4)(A)(ii) and also to
consider additional technical matters.
As a change to this definition and the
other issue raised were not included in
the interim final rule, NCUA will
address this in an upcoming technical
amendment rule. The final rule does
contain minor changes to wording for
consistency and clarification.
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Fmt 4700
Sfmt 4700
29711
III. Regulatory Procedures
A. Paperwork Reduction Act
In accordance with the requirements
of the Paperwork Reduction Act (PRA)
of 1995,4 the Board has reviewed the
final rule and determined it does not
contain or modify a collection of
information subject to the PRA. The
PRA applies to rulemakings in which an
agency by rule creates a new paperwork
burden on regulated entities or increases
an existing burden. For purposes of the
PRA, a paperwork burden may take the
form of a reporting or recordkeeping
requirement, both referred to as
information collections. Information
collected as part of an affidavit, oath,
affirmation, certification, receipt,
changes of address, consent, or
acknowledgment, however, is not
considered an information collection for
purposes of the PRA.
This category is limited to those
disclosures that require persons to
provide or display only facts necessary
to identify themselves. For example,
they entail no burden other than that
necessary to identify the respondent, the
date, the respondent’s address, and the
nature of the instrument. ‘‘Nature of the
instrument’’ refers to a respondent’s
request for materials, such as
publications or other information from
an agency. To facilitate such requests for
information from an agency, an agency
may ask requesters to describe the
material or information sought in detail
sufficient to describe the individual
desires.
The final rule implements the FOIA
Improvement Act of 2016 by amending
the agency’s FOIA regulations. Because
the only paperwork burden in this final
rule relates to activities that are not
considered to be information
collections, NCUA has determined that
this rule is exempt from the
requirements of the PRA.
B. Regulatory Flexibility Act
The Regulatory Flexibility Act
requires NCUA to prepare an analysis to
describe any significant economic
impact a rule may have on a substantial
number of small credit unions (those
under $100 million in assets). This final
rule does not impose any requirements
on federally insured credit unions.
Therefore, it will not have a significant
economic impact on a substantial
number of small credit unions and a
regulatory flexibility analysis is not
required. Because this final rule would
affect few, if any, small entities, the
Board certifies that the final rule will
4 44
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U.S.C. 3506; 5 CFR part 1320 Appendix A.1.
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Agencies
[Federal Register Volume 82, Number 125 (Friday, June 30, 2017)]
[Rules and Regulations]
[Pages 29710-29711]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-13643]
-----------------------------------------------------------------------
NATIONAL CREDIT UNION ADMINISTRATION
12 CFR Part 747
RIN 3133-AE67
Civil Monetary Penalty Inflation Adjustment
AGENCY: National Credit Union Administration (NCUA).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: On January 23, 2017, the NCUA Board (Board) published an
interim final rule amending its regulations to adjust the maximum
amount of each civil monetary penalty (CMP) within its jurisdiction to
account for inflation. This action, including the amount of the
adjustments, is required under the Federal Civil Penalties Inflation
Adjustment Act of 1990, as amended by the Debt Collection Improvement
Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. This rule finalizes those amendments.
DATES: Effective June 30, 2017.
FOR FURTHER INFORMATION CONTACT: Ian Marenna, Senior Trial Attorney, at
1775 Duke Street, Alexandria, VA 22314, or telephone: (703) 518-6540.
SUPPLEMENTARY INFORMATION:
I. Background
II. Regulatory Procedures
I. Background
The Debt Collection Improvement Act of 1996 \1\ (DCIA) amended the
Federal Civil Penalties Inflation Adjustment Act of 1990 \2\ (FCPIA
Act) to require every federal agency to enact regulations that adjust
each CMP provided by law under its jurisdiction by the rate of
inflation at least once every four years. In November 2015, Congress
further amended the CMP inflation requirements in the Bipartisan Budget
Act of 2015,\3\ which contains the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (the 2015 amendments).\4\ This
legislation provides for an initial ``catch-up'' adjustment of CMPs in
2016, followed by annual inflation adjustments starting in 2017.
---------------------------------------------------------------------------
\1\ Public Law 104-134, section 31001(s), 110 Stat. 1321-373
(Apr. 26, 1996). The law is codified at 28 U.S.C. 2461 note.
\2\ Public Law 101-410, 104 Stat. 890 (Oct. 5, 1990), also
codified at 28 U.S.C. 2461 note.
\3\ Public Law 114-74, 129 Stat. 584 (Nov. 2, 2015).
\4\ 129 Stat. 599.
---------------------------------------------------------------------------
On January 23, 2017, in compliance with the 2015 amendments, the
Board published the annual inflation adjustments for 2017 in an interim
final rule with a request for comments in the Federal Register.\5\ In
calculating the adjustments, the Board reviewed and applied government-
wide guidance issued by the Office of Management and Budget (OMB).\6\
In accordance with the procedures and calculations prescribed by the
2015 amendments and OMB's guidance, the Board adjusted the maximum
level of each of the CMPs that NCUA has authority to assess. NCUA is
not, however, required to assess at the new maximum levels and retains
discretion to assess at lower levels, as it has done historically.\7\
---------------------------------------------------------------------------
\5\ 82 FR 7637 (Jan. 23, 2017).
\6\ Office of Management and Budget, Implementation of the 2017
Annual Adjustment Pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015, M-17-11 (Dec. 16, 2016).
\7\ 82 FR 7637, 7639 (Jan. 23, 2017).
---------------------------------------------------------------------------
The interim final rule became effective on January 23, 2017. The
Board received no comments on the rule. Accordingly, this final rule
confirms the adjustments made in the interim final rule without change.
II. Regulatory Procedures
Section III of the Supplementary Information in the January 2017
interim final rule sets forth the Board's analyses under the
Administrative Procedure Act, the Regulatory Flexibility Act, the
Paperwork Reduction Act of 1995, the Small Business Regulatory
Enforcement Fairness Act (SBREFA), Executive Order 13132, and the
Treasury and General Government Appropriations Act.\8\ Because the
final rule confirms the interim final rule and does not alter the
substance of the analyses and determinations accompanying the interim
final rule, the Board continues to rely on those analyses and
determinations for purposes of this rulemaking. The Board notes that
OMB determined that the interim final rule is not a ``major rule''
within the meaning of SBREFA.
---------------------------------------------------------------------------
\8\ See 82 FR 7640.
[[Page 29711]]
---------------------------------------------------------------------------
By the National Credit Union Administration Board on June 23,
2017.
Gerard Poliquin,
Secretary of the Board.
0
For the reasons stated above, the interim final rule amending 12 CFR
part 747, published at 82 FR 7637 (Jan. 23, 2017) is adopted as a final
rule without change.
[FR Doc. 2017-13643 Filed 6-29-17; 8:45 am]
BILLING CODE 7535-01-P