Rules of Practice for Hearings, 2051-2052 [2019-01068]
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Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Rules and Regulations
the 2018–19 crop year as a percentage
of total producer revenue is
approximately 0.013 percent
(assessment revenue of $6,050,000
divided by total producer revenue
$459,250,000).
This action increases the assessment
obligation imposed on handlers.
Assessments are applied uniformly on
all handlers, and some of the costs may
be passed on to producers. However,
these costs would be offset by the
benefits derived from the operation of
the Order.
The meetings of the Audit
Subcommittee and the Committee were
widely publicized throughout the
California raisin industry. All interested
persons were invited to attend the
meetings and encouraged to participate
in Committee deliberations on all
issues. Like all subcommittee and
Committee meetings, the June 13, 2018,
and June 27, 2018, meetings,
respectively, were public meetings, and
all entities, both large and small, were
able to express views on this issue.
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C.
Chapter 35), the Order’s information
collection requirements have been
previously approved by the OMB and
assigned OMB No. 0581–0178 Vegetable
and Specialty Crops. No changes in
those requirements are necessary
because of this action. Should any
changes become necessary, they would
be submitted to OMB for approval.
This final rule does not impose any
additional reporting or recordkeeping
requirements on either small or large
California raisin handlers. As with all
Federal marketing order programs,
reports and forms are periodically
reviewed to reduce information
requirements and duplication by
industry and public sector agencies. As
noted in the initial regulatory flexibility
analysis, USDA has not identified any
relevant Federal rules that duplicate,
overlap, or conflict with this final rule.
AMS is committed to complying with
the E-Government Act, to promote the
use of the internet and other
information technologies to provide
increased opportunities for citizen
access to Government information and
services, and for other purposes.
A proposed rule concerning this
action was published in the Federal
Register on October 23, 2018 (83 FR
53402). Copies of the proposed rule
were provided to all raisin handlers.
The proposal was also made available
through the internet by USDA and the
Office of the Federal Register. A 30-day
comment period ending November 23,
2018, was provided for interested
persons to respond to the proposal. No
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16:19 Feb 05, 2019
Jkt 247001
comments were received. Accordingly,
no changes will be made to the rule as
proposed.
A small business guide on complying
with fruit, vegetable, and specialty crop
marketing agreements and orders may
be viewed at: https://www.ams.usda.gov/
rules-regulations/moa/small-businesses.
Any questions about the compliance
guide should be sent to Richard Lower
at the previously mentioned address in
the FOR FURTHER INFORMATION CONTACT
section.
After consideration of all relevant
material presented, including the
information and recommendation
submitted by the Committee and other
available information, it is hereby found
that this rule, as hereinafter set forth,
will tend to effectuate the declared
policy of the Act.
List of Subjects in 7 CFR Part 989
Grapes, Marketing agreements,
Raisins, Reporting and recordkeeping
requirements.
For the reasons set forth in the
preamble, 7 CFR part 989 is amended as
follows:
PART 989—RAISINS PRODUCED
FROM GRAPES GROWN IN
CALIFORNIA
1. The authority citation for 7 CFR
part 989 continues to read as follows:
■
Authority: 7 U.S.C. 601–674.
2. Section 989.347 is revised to read
as follows:
■
§ 989.347
Assessment rate.
On and after August 1, 2018, an
assessment rate of $22.00 per ton is
established for assessable raisins
produced from grapes grown in
California.
Dated: January 31, 2019.
Bruce Summers,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2019–01139 Filed 2–5–19; 8:45 am]
BILLING CODE 3410–02–P
FEDERAL RESERVE SYSTEM
12 CFR Part 263
[Docket No. R–1647]
RIN 7100–AF36
Rules of Practice for Hearings
Board of Governors of the
Federal Reserve System.
ACTION: Final rule.
AGENCY:
The Board of Governors of the
Federal Reserve System (the ‘‘Board’’) is
SUMMARY:
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2051
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 on
February 6, 2019.
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 annual
adjustments not later than January 15 of
every year.2 The Board is now issuing a
new final rule to set the CMP levels
pursuant to the required annual
adjustment for 2019. The Board will
apply these adjusted maximum penalty
levels to any penalties assessed on or
after February 6, 2019, 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
Under the 2015 Act, the annual
adjustment to be made for 2019 is the
percentage by which the Consumer
Price Index for the month of October
2018 exceeds the Consumer Price Index
for the month of October 2017. On
December 14, 2018, 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
1 Public Law 114–74, 129 Stat. 599 (2015)
(codified at 28 U.S.C. 2461 note).
2 28 U.S.C. 2461 note, 4(b)(1).
3 77 FR 68680 (Nov. 16, 2012).
4 OMB Memorandum M–19–04, Implementation
of Penalty Inflation Adjustments for 2019, Pursuant
E:\FR\FM\06FER1.SGM
Continued
06FER1
2052
Federal Register / Vol. 84, No. 25 / Wednesday, February 6, 2019 / Rules and Regulations
Board calculated the adjusted penalties
for its CMPs, rounding the penalties to
the nearest dollar.5
Administrative Procedure Act
The 2015 Act states that agencies
shall make the annual adjustment
‘‘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 a 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 the 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
1. The authority citation for part 263
continues to read as follows:
■
amozie on DSK3GDR082PROD with RULES
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.
to the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015 (Dec. 14, 2018).
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.
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16:19 Feb 05, 2019
Jkt 247001
2461 note; 31 U.S.C. 5321; and 42 U.S.C.
4012a.
2. Section 263.65 is revised to read as
follows:
■
§ 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 February 6, 2019, 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
money penalty
Statute
12 U.S.C. 324.
Inadvertently late or misleading reports, inter
alia .............................
Other late or misleading
reports, inter alia ........
Knowingly or reckless
false or misleading reports, inter alia ...........
12 U.S.C. 334 .......................
12 U.S.C. 374a .....................
12 U.S.C. 504.
First Tier ........................
Second Tier ...................
Third Tier .......................
12 U.S.C. 505.
First Tier ........................
Second Tier ...................
Third Tier .......................
12 U.S.C. 1464(v)(4) ............
12 U.S.C. 1464(v)(5) ............
12 U.S.C. 1464(v)(6) ............
12 U.S.C. 1467a(i)(2) ...........
12 U.S.C. 1467a(i)(3) ...........
12 U.S.C. 1467a(r).
First Tier ........................
Second Tier ...................
Third Tier .......................
12 U.S.C. 1817(j)(16).
First Tier ........................
Second Tier ...................
Third Tier .......................
12 U.S.C. 1818(i)(2).
First Tier ........................
Second Tier ...................
Third Tier .......................
12 U.S.C. 1820(k)(6)(A)(ii) ...
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Frm 00006
Fmt 4700
Sfmt 4700
Statute
Adjusted civil
money penalty
12 U.S.C. 1832(c) .................
12 U.S.C. 1847(b) ................
12 U.S.C. 1847(d).
First Tier ........................
Second Tier ...................
Third Tier .......................
12 U.S.C. 1884 .....................
12 U.S.C. 1972(2)(F).
First Tier ........................
Second Tier ...................
Third Tier .......................
12 U.S.C. 3110(a) ................
12 U.S.C. 3110(c).
First Tier ........................
Second Tier ...................
Third Tier .......................
12 U.S.C. 3909(d) ................
15 U.S.C. 78u–2(b)(1).
For a natural person ......
For any other person .....
15 U.S.C. 78u–2(b)(2).
For a natural person ......
For any other person .....
15 U.S.C. 78u–2(b)(3).
For a natural person ......
For any other person .....
15 U.S.C. 1639e(k)(1) ..........
15 U.S.C. 1639e(k)(2) ..........
42 U.S.C. 4012a(f)(5) ...........
32,924
50,334
4,027
40,269
2,013,399
292
10,067
50,334
2,013,399
46,013
3,682
36,809
1,840,491
2,505
9,472
94,713
94,713
473,566
189,427
947,130
11,563
23,125
2,187
By order of the Board of Governors of the
Federal Reserve System, acting through the
Secretary of the Board under delegated
authority, January 29, 2019.
Ann Misback,
Secretary of the Board.
[FR Doc. 2019–01068 Filed 2–5–19; 8:45 am]
$4,027
BILLING CODE 6210–01–P
40,269
NATIONAL CREDIT UNION
ADMINISTRATION
2,013,399
292
292
12 CFR Part 747
10,067
50,334
2,013,399
Civil Monetary Penalty Inflation
Adjustment
10,067
50,334
2,013,399
4,027
40,269
2,013,399
50,334
50,334
4,027
340,269
2,013,399
10,067
50,334
32,013,399
10,067
50,334
2,013,399
331,174
RIN 3133–AE92
National Credit Union
Administration (NCUA).
ACTION: Final rule.
AGENCY:
The NCUA Board (Board) is
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.
DATES: This final rule is effective
February 6, 2019.
SUMMARY:
E:\FR\FM\06FER1.SGM
06FER1
]]>Agencies
[Federal Register Volume 84, Number 25 (Wednesday, February 6, 2019)]
[Rules and Regulations]
[Pages 2051-2052]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01068]
=======================================================================
-----------------------------------------------------------------------
FEDERAL RESERVE SYSTEM
12 CFR Part 263
[Docket No. R-1647]
RIN 7100-AF36
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 on February 6, 2019.
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 annual adjustments not later than
January 15 of every year.\2\ The Board is now issuing a new final rule
to set the CMP levels pursuant to the required annual adjustment for
2019. The Board will apply these adjusted maximum penalty levels to any
penalties assessed on or after February 6, 2019, 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\ Public Law 114-74, 129 Stat. 599 (2015) (codified at 28
U.S.C. 2461 note).
\2\ 28 U.S.C. 2461 note, 4(b)(1).
\3\ 77 FR 68680 (Nov. 16, 2012).
---------------------------------------------------------------------------
Under the 2015 Act, the annual adjustment to be made for 2019 is
the percentage by which the Consumer Price Index for the month of
October 2018 exceeds the Consumer Price Index for the month of October
2017. On December 14, 2018, 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
[[Page 2052]]
Board calculated the adjusted penalties for its CMPs, rounding the
penalties to the nearest dollar.\5\
---------------------------------------------------------------------------
\4\ OMB Memorandum M-19-04, Implementation of Penalty Inflation
Adjustments for 2019, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Dec. 14, 2018).
\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.
---------------------------------------------------------------------------
Administrative Procedure Act
The 2015 Act states that agencies shall make the annual adjustment
``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 a 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 the 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 February 6, 2019, 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 alia $4,027
Other late or misleading reports, inter alia........ 40,269
Knowingly or reckless false or misleading reports, 2,013,399
inter alia.........................................
12 U.S.C. 334........................................... 292
12 U.S.C. 374a.......................................... 292
12 U.S.C. 504...........................................
First Tier.......................................... 10,067
Second Tier......................................... 50,334
Third Tier.......................................... 2,013,399
12 U.S.C. 505...........................................
First Tier.......................................... 10,067
Second Tier......................................... 50,334
Third Tier.......................................... 2,013,399
12 U.S.C. 1464(v)(4).................................... 4,027
12 U.S.C. 1464(v)(5).................................... 40,269
12 U.S.C. 1464(v)(6).................................... 2,013,399
12 U.S.C. 1467a(i)(2)................................... 50,334
12 U.S.C. 1467a(i)(3)................................... 50,334
12 U.S.C. 1467a(r)......................................
First Tier.......................................... 4,027
Second Tier......................................... 340,269
Third Tier.......................................... 2,013,399
12 U.S.C. 1817(j)(16)...................................
First Tier.......................................... 10,067
Second Tier......................................... 50,334
Third Tier.......................................... 32,013,399
12 U.S.C. 1818(i)(2)....................................
First Tier.......................................... 10,067
Second Tier......................................... 50,334
Third Tier.......................................... 2,013,399
12 U.S.C. 1820(k)(6)(A)(ii)............................. 331,174
12 U.S.C. 1832(c)....................................... 32,924
12 U.S.C. 1847(b)....................................... 50,334
12 U.S.C. 1847(d).......................................
First Tier.......................................... 4,027
Second Tier......................................... 40,269
Third Tier.......................................... 2,013,399
12 U.S.C. 1884.......................................... 292
12 U.S.C. 1972(2)(F)....................................
First Tier.......................................... 10,067
Second Tier......................................... 50,334
Third Tier.......................................... 2,013,399
12 U.S.C. 3110(a)....................................... 46,013
12 U.S.C. 3110(c).......................................
First Tier.......................................... 3,682
Second Tier......................................... 36,809
Third Tier.......................................... 1,840,491
12 U.S.C. 3909(d)....................................... 2,505
15 U.S.C. 78u-2(b)(1)...................................
For a natural person................................ 9,472
For any other person................................ 94,713
15 U.S.C. 78u-2(b)(2)...................................
For a natural person................................ 94,713
For any other person................................ 473,566
15 U.S.C. 78u-2(b)(3)...................................
For a natural person................................ 189,427
For any other person................................ 947,130
15 U.S.C. 1639e(k)(1)................................... 11,563
15 U.S.C. 1639e(k)(2)................................... 23,125
42 U.S.C. 4012a(f)(5)................................... 2,187
------------------------------------------------------------------------
By order of the Board of Governors of the Federal Reserve
System, acting through the Secretary of the Board under delegated
authority, January 29, 2019.
Ann Misback,
Secretary of the Board.
[FR Doc. 2019-01068 Filed 2-5-19; 8:45 am]
BILLING CODE 6210-01-P
