Civil Penalty Assessment for Misuse of Department of the Treasury Names, Symbols, Etc., 3105-3107 [2019-01926]
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Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Rules and Regulations
TABLE 1 TO PARAGRAPH (b)(1)
Date of violation and corresponding penalty
U.S. code citation
Civil monetary penalty description
10/23/2004
through
10/22/2008
10/23/2008
through
10/22/2012
10/23/2012
through
11/01/2015
11/02/2015
to present
Civil Monetary Penalty Imposed by the Commission in an Administrative Action
7 U.S.C. 9 (Section 6(c) of the Commodity Exchange Act).
7 U.S.C. 13a (Section 6b of the
Commodity Exchange Act).
For any person other than a registered entity 1.
For a registered entity 1 or any of its
directors, officers or employees.
$130,000
$130,000
$140,000
$165,227
$625,000
$675,000
$700,000
$910,158
$140,000
$182,031
Civil Monetary Penalty Imposed by a Federal District Court in a Civil Injunctive Action
7 U.S.C. 13a–1 (Section 6c of the
Commodity Exchange Act).
1 The
Any Person .......................................
$130,000
$140,000
term ‘‘Registered Entity’’ is defined in 7 U.S.C. 1a (Section 1a of the Commodity Exchange Act).
(2) For manipulation or attempted
manipulation violations:
TABLE 1 TO PARAGRAPH (b)(2)
Date of violation and corresponding penalty
U.S. code citation
Civil monetary penalty description
10/23/2004
through
05/21/2008
05/22/2008
through
08/14/2011
08/15/2011
through
11/01/2015
11/02/2015
to present
Civil Monetary Penalty Imposed by the Commission in an Administrative Action
7 U.S.C. 9 (Section 6(c) of the Commodity Exchange Act).
7 U.S.C. 13a (Section 6b of the
Commodity Exchange Act).
For any person other than a registered entity 1.
For a registered entity 1 or any of its
directors, officers or employees.
$130,000
$1,000,000
$1,025,000
$1,191,842
$625,000
$1,000,000
$1,025,000
$1,191,842
Civil Monetary Penalty Imposed by a Federal District Court in a Civil Injunctive Action
7 U.S.C. 13a–1 (Section 6c of the
Commodity Exchange Act).
1 The
Any Person .......................................
$130,000
$1,000,000
$1,025,000
$1,191,842
term ‘‘Registered Entity’’ is defined in 7 U.S.C. 1a (Section 1a of the Commodity Exchange Act).
Issued in Washington, DC, on February 6,
2019, by the Commission.
Robert Sidman,
Deputy Secretary of the Commission.
Note: The following appendix will not
appear in the Code of Federal Regulations.
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Civil Penalty Assessment for Misuse of
Department of the Treasury Names,
Symbols, Etc.
Department of the Treasury.
ACTION: Direct final rule.
This rule amends regulations
that provide civil penalties for misuse of
Department of the Treasury names,
symbols, etc. to implement the Federal
Civil Penalties Inflation Adjustment Act
of 1990, as amended by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. In
particular, this rule adjusts for inflation
the maximum amount of the civil
monetary penalties that may be assessed
under its regulations, and updates the
inflation adjustments through 2018 in
accordance with instructions from the
Office of Management and Budget. In
SUMMARY:
On this matter, Chairman Giancarlo, and
Commissioners Quintenz, Behnam, Stump,
and Berkovitz voted in the affirmative. No
Commissioner voted in the negative.
BILLING CODE 6351–01–P
31 CFR Part 27
AGENCY:
Appendix to Adjustment of Civil
Monetary Penalties for Inflation—
Commission Voting Summary
[FR Doc. 2019–01852 Filed 2–8–19; 8:45 am]
DEPARTMENT OF THE TREASURY
PO 00000
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addition, the regulation is amended to
reflect changes in Treasury
organizational structure.
DATES: This rule is effective April 12,
2019. Written comments are due on or
before March 13, 2019. If the
Department receives significant adverse
comments, we will publish a timely
withdrawal in the Federal Register
informing the public that this rule will
not take effect.
ADDRESSES: You may submit comments
by any of the following methods:
• Federal eRulemaking Portal: https://
www.regulations.gov.
• Mail: Richard Dodson, AttorneyAdvisor, General Law, Ethics, and
Regulation, U.S. Department of the
Treasury, 1500 Pennsylvania Avenue
NW, Washington, DC 20220.
Comments received by mail will be
considered timely if they are
postmarked on or before the comment
date. The www.regulations.gov site will
accept comments until 11:59 p.m.
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Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Rules and Regulations
eastern time on the comment due date.
Received comments, including
attachments and other supporting
materials, are part of the public record
and subject to public disclosure. Do not
enclose any information in your
comments or supporting materials that
you consider confidential or
inappropriate for public disclosure.
Properly submitted comments will be
available for inspection and
downloading at https://
www.regulations.gov. The Department
will consolidate all received comments
and make them available without
change.
FOR FURTHER INFORMATION CONTACT:
Richard Dodson, Attorney-Advisor,
General Law, Ethics, and Regulation,
202–622–9949 (this is not a toll-free
number).
SUPPLEMENTARY INFORMATION:
Discussion
Section 4 of the Federal Civil
Penalties Inflation Adjustment Act
(1990 Pub. L. 101–410, 104 Stat. 890; 28
U.S.C. 2461 note), as amended by the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Pub. L. 114–74, 129 Stat. 599, 28
U.S.C. 2461 note) (collectively, the
FCPIA Act), requires each federal
agency with statutory authority to assess
civil monetary penalties (CMPs) to
adjust CMPs for inflation according to a
formula described in section 5 of the
FCPIA Act. One purpose of the FCPIA
Act is to ensure that CMPs continue to
maintain their deterrent effect through
periodic cost-of-living based
adjustments.
The FCPIA Act directs agencies to
adjust the level of CMPs for inflation
annually, with an initial ‘‘catch up’’
adjustment effective no later than
August 1, 2016. Catch-up adjustments
are based on the percent change
between the Consumer Price Index for
all Urban Consumers (CPI–U) for the
month of October in the year of the last
non-FCPIA-Act-based adjustment and
the October 2015 CPI–U. In accordance
with the FCPIA Act, however, the
amount of the CMP catch-up adjustment
shall not exceed 150 percent of the level
in effect on November 2, 2015 (the
‘‘maximum adjustment’’). Annual
inflation adjustments will be based on
the percent change between the October
CPI–U preceding the date of the
adjustment and the prior year’s October
CPI–U. The FCPIA Act requires agencies
to round all CMP levels to the nearest
dollar after applying the multiplier.
On February 24, 2016, the Office of
Management and Budget (‘‘OMB’’)
issued written guidance providing
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16:03 Feb 08, 2019
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agencies with CPI–U related multipliers
to use when adjusting the CMP level or
range of CMP levels based on the year
the CMP was established or last
adjusted by statute or regulation.
(Memorandum for the Heads of
Executive Departments and Agencies:
Implementation of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (OMB
Guidance)).
The adjusted civil penalty amounts
described in this rule are applicable
only to civil penalties assessed after the
effective date of this regulation.
Treasury is currently authorized to
impose CMPs against persons who have
misused the words, titles, abbreviations,
initials, symbols, emblems, seals, or
badges of the Department, pursuant to
31 U.S.C. 333. The maximum CMPs
under this statute were established on
August 15, 1994, and have not been
adjusted. The maximum CMPs
established were $5,000 for each use of
any material in violation of 31 U.S.C.
333(a), and $25,000 if such use is in a
broadcast or telecast.
Adjustment
Pursuant to the OMB Guidance, the
relevant inflation factor is 1.67728 for
the initial catch-up adjustment. Because
application of the factor would result in
an adjustment of greater than 150% for
both 31 U.S.C. 333 CMPs, the initial
adjustment of these penalties is limited
to 150%. The relevant inflation factors
for 2017 and 2018 are 1.01636 and
1.02041, respectively. OMB Memoranda
M–17–11 and M–18–03.
With respect to the $5,000 CMP,
applying the initial 150% adjustment
would result in a maximum penalty
amount of $7,500. Multiplying that
amount by the 2017 factor of 1.0136 and
rounding to the nearest dollar would
yield a maximum penalty amount of
$7,623. Finally, applying the 2018 factor
of 1.02041 to that amount results in an
adjusted maximum penalty amount of
$7,779.
With respect to the $25,000 CMP,
applying the initial 150% adjustment
would result in a maximum penalty
amount of $37,500. Multiplying that
amount by the 2017 factor of 1.0136 and
rounding to the nearest dollar would
yields maximum penalty amount of
$38,114. Finally, applying the 2018
factor of 1.02041 to that amount results
in an adjusted maximum penalty
amount of $38,892.
Organizational Changes
Finally, the regulation is updated to
reflect changes in organizational
structure. References to the United
States Customs Service, United States
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Secret Service, the Bureau of Alcohol,
Tobacco and Firearms, Bureau of the
Public Debt, and the Federal Law
Enforcement Training Center have been
deleted. The Bureau of the Fiscal
Service and Commissioner of the
Bureau of the Fiscal Service have been
added. Because the existing regulation
prohibits misuse of the titles of any
Treasury organization or official,
regardless of whether they are
specifically listed, this update makes no
substantive change in the coverage or
application of the regulation.
Direct Final Procedures
Treasury is issuing this regulation as
a direct final rule. The effective date of
this rule is April 12, 2019 without
further notice, unless Treasury receives
written adverse comments before March
13, 2019.
If Treasury receives timely written
adverse comments on this regulation,
Treasury will withdraw the regulation
before its effective date.
Procedural Requirements
Regulatory Flexibility Act
The Regulatory Flexibility Act (5
U.S.C. 601–612) does not apply because
adjustments under the FCPIA Act are
exempt from the requirement to publish
a notice of proposed rulemaking.
Regulatory Planning and Review
The rule is not a ‘‘significant
regulatory action’’ as defined in
Executive Order 12866.
List of Subjects in 31 CFR Part 27
Administrative practice and
procedure, Penalties.
For the reasons set out in the
preamble, title 31, subtitle A, part 27 of
the Code of the Federal Regulations is
amended to read as follows:
PART 27—CIVIL PENALTY
ASSESSMENT FOR MISUSE OF
DEPARTMENT OF THE TREASURY
NAMES, SYMBOLS, ETC.
1. The authority citation for part 27
continues to read as follows:
■
Authority: 31 U.S.C. 321, 333.
2. Amend § 27.3 by revising
paragraphs (a)(1)(i) through (iii) and (c)
to read as follows:
■
§ 27.3
Assessment of civil penalties.
(a) * * *
(1) * * *
(i) The words ‘‘Department of the
Treasury,’’ ‘‘Internal Revenue Service,’’
‘‘Bureau of the Fiscal Service,’’ ‘‘Bureau
of Engraving and Printing,’’
‘‘Comptroller of the Currency,’’
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Federal Register / Vol. 84, No. 28 / Monday, February 11, 2019 / Rules and Regulations
‘‘Financial Crimes Enforcement
Network,’’ ‘‘United States Mint,’’
‘‘Alcohol and Tobacco Tax and Trade
Bureau,’’ or the name of any other
service, bureau, office, or subdivision of
the Department of the Treasury;
(ii) The titles ‘‘Secretary of the
Treasury,’’ ‘‘Treasurer of the United
States,’’ ‘‘Commissioner of Internal
Revenue,’’ ‘‘Commissioner of the Bureau
of the Fiscal Service,’’ ‘‘Director of the
Bureau of Engraving and Printing,’’
‘‘Comptroller of the Currency,’’
‘‘Director of the Financial Crimes
Enforcement Network,’’ ‘‘Director of the
United States Mint,’’ ‘‘Administrator of
the Alcohol and Tobacco Tax and Trade
Bureau,’’ or the title of any other officer
or employee of the Department of the
Treasury or subdivision thereof;
(iii) The abbreviations or initials of
any entity or title referred to in
paragraph (a)(1)(i) or (ii) of this section,
including but not limited to ‘‘IRS,’’
‘‘BFS,’’ ‘‘TTB,’’ and ‘‘FINCEN’’ or
‘‘FinCEN’’;
*
*
*
*
*
(c) Civil penalty. An assessing official
may impose a civil penalty on any
person who violates the provisions of
paragraph (a) of this section. The
amount of a civil monetary penalty shall
not exceed $7,779 for each and every
use of any material in violation of
paragraph (a), except that such penalty
shall not exceed $38,892 for each and
every use if such use is in a broadcast
or telecast.
*
*
*
*
*
Ryan D. Brady,
Executive Secretary.
[FR Doc. 2019–01926 Filed 2–8–19; 8:45 am]
BILLING CODE P
POSTAL SERVICE
39 CFR Part 20
International Mailing Services: Mailing
Services Product and Price Changes—
CPI
Postal ServiceTM.
Final rule.
AGENCY:
ACTION:
On October 17, 2018, the
Postal Service published proposed
product and price changes to reflect a
notice of price adjustments filed with
the Postal Regulatory Commission
(PRC). The PRC found that price
adjustments contained in the Postal
Service’s notice could go into effect on
January 27, 2019. The Postal Service has
revised Notice 123, Price List to reflect
the new prices and Mailing Standards of
the United States Postal Service,
SUMMARY:
VerDate Sep<11>2014
16:03 Feb 08, 2019
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International Mail Manual (IMM®) to
reflect the product changes.
DATES: Effective February 11, 2019.
FOR FURTHER INFORMATION CONTACT:
Paula Rabkin at 202–268–2537.
SUPPLEMENTARY INFORMATION:
I. Proposed Rule and Response
On October 10, 2018, the Postal
Service filed a notice with the PRC in
Docket No. R2019–1 of mailing services
price adjustments, effective on January
27, 2019. On October 27, 2018, the
USPS® published a notice of proposed
product and price changes in the
Federal Register entitled ‘‘International
Mailing Services: Proposed Product and
Price Changes—CPI’’ (83 FR 52351). The
notice included price changes that the
Postal Service would adopt for products
and services covered by Mailing
Standards of the United States Postal
Service, International Mail Manual
(IMM®) and publish in Notice 123, Price
List, on Postal Explorer® at https://
pe.usps.com. The Postal Service
received no comments.
By notice filed on October 10, 2018,
in PRC Docket No. MC2019–4, the
Postal Service proposed to update
country names throughout mailing
standards, changing Great Britain and
Northern Ireland to United Kingdom of
Great Britain and Northern Ireland and
changing Swaziland to Eswatini.
In its proposed rule, the Postal
Service also took notice that on October
10, 2018, we had filed a notice with the
PRC in Docket No. MC2019–3. In that
filing we proposed a change in the
maximum weight limit for First-Class
Mail International (FCMI) large
envelopes (flats) to 15.994 ounces, in
lieu of the current 64 ounce limit. This
change would more closely align the
Postal Service’s definition of FCMI large
envelopes (flats) with the Universal
Postal Union Convention’s definition,
which allows a maximum weight of 500
grams (17.6 ounces) for flat-shaped
letter post items. A mailpiece weighing
16 ounces or more that is presented as
an FCMI large envelope (flat) would be
charged the applicable First-Class
Package International Service® price.
Alternatively, the mailer could elect to
use another class of mail such as
Priority Mail Express International® or
Priority Mail International®, if the
mailpiece meets the requirements for
those mail classes.
II. Decision of the Postal Regulatory
Commission
As stated in the PRC’s Order No.
4875, issued on November 13, 2018, the
PRC found that the prices in the Postal
Service’s notice in Docket No. R2019–1
PO 00000
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3107
may go into effect on January 27, 2019.
The new prices are now posted in
Notice 123, on Postal Explorer at
https://pe.usps.com. The Postal Service
published notice of the new prices in
the article titled ‘‘International Mail:
Changes to Pricing for International
Mailing Services,’’ in Postal Bulletin
22509 (12–20–18), page 48, available at
https://about.usps.com/postal-bulletin/
2018/pb22509/pb22509.pdf.
Also, as stated in the PRC’s Order No.
4918, the Commission approved the
name changes for the United Kingdom
of Great Britain, Northern Ireland, and
Eswatini. These changes are also posted
in the January 27, 2019, revision of the
IMM on Postal Explorer at https://
pe.usps.com. The Postal Service
published notice of both of these
changes in the Postal Bulletin on
December 20, 2018. See ‘‘IMM Revision:
Great Britain and Northern Ireland
Name Change,’’ Postal Bulletin 22509
(12–20–18), pages 17–19, available at
https://about.usps.com/postal-bulletin/
2018/pb22509/pb22509.pdf; see also
‘‘IMM Revision: Swaziland Name
Change,’’ Postal Bulletin 22509 (12–20–
18), pages 20–21, available at https://
about.usps.com/postal-bulletin/2018/
pb22509/pb22509.pdf.
Because the proposed change to FCMI
large envelopes (flats) upper weight
limit that was the subject of Docket No.
MC2019–3 was pending at the time the
PRC was scheduled to complete its
review in Docket No. R2019–1, the PRC
issued an interim order in Docket No.
R2019–1. That interim order required
the Postal Service to revise its filing in
the R2019–1 docket so that the Postal
Service’s proposed changes in the
R2019–1 docket would not include the
proposed revision in the FCMI large
envelopes (flats) maximum weight
limitation. See PRC Order No. 4859,
Interim Order Relating to Outbound
Single-Piece First-Class Mail
International Flats, Docket No. R2019–1,
October 19, 2018. The PRC subsequently
approved the updated weight limitation
for FCMI large envelopes (flats) in Order
No. 4932, issued December 19, 2018.
The Postal Service will announce an
implementation date for the revised
FCMI large envelopes (flats) maximum
weight limitation sometime after the
January 27, 2019, price change.
List of Subjects in 39 CFR Part 20
Foreign relations, International postal
services.
Accordingly, for the reasons stated,
the Postal Service has adopted the
following changes to Mailing Standards
of the United States Postal Service,
International Mail Manual (IMM®),
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]]>Agencies
[Federal Register Volume 84, Number 28 (Monday, February 11, 2019)]
[Rules and Regulations]
[Pages 3105-3107]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-01926]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF THE TREASURY
31 CFR Part 27
Civil Penalty Assessment for Misuse of Department of the Treasury
Names, Symbols, Etc.
AGENCY: Department of the Treasury.
ACTION: Direct final rule.
-----------------------------------------------------------------------
SUMMARY: This rule amends regulations that provide civil penalties for
misuse of Department of the Treasury names, symbols, etc. to implement
the Federal Civil Penalties Inflation Adjustment Act of 1990, as
amended by the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. In particular, this rule adjusts for
inflation the maximum amount of the civil monetary penalties that may
be assessed under its regulations, and updates the inflation
adjustments through 2018 in accordance with instructions from the
Office of Management and Budget. In addition, the regulation is amended
to reflect changes in Treasury organizational structure.
DATES: This rule is effective April 12, 2019. Written comments are due
on or before March 13, 2019. If the Department receives significant
adverse comments, we will publish a timely withdrawal in the Federal
Register informing the public that this rule will not take effect.
ADDRESSES: You may submit comments by any of the following methods:
Federal eRulemaking Portal: https://www.regulations.gov.
Mail: Richard Dodson, Attorney-Advisor, General Law,
Ethics, and Regulation, U.S. Department of the Treasury, 1500
Pennsylvania Avenue NW, Washington, DC 20220.
Comments received by mail will be considered timely if they are
postmarked on or before the comment date. The www.regulations.gov site
will accept comments until 11:59 p.m.
[[Page 3106]]
eastern time on the comment due date. Received comments, including
attachments and other supporting materials, are part of the public
record and subject to public disclosure. Do not enclose any information
in your comments or supporting materials that you consider confidential
or inappropriate for public disclosure. Properly submitted comments
will be available for inspection and downloading at https://www.regulations.gov. The Department will consolidate all received
comments and make them available without change.
FOR FURTHER INFORMATION CONTACT: Richard Dodson, Attorney-Advisor,
General Law, Ethics, and Regulation, 202-622-9949 (this is not a toll-
free number).
SUPPLEMENTARY INFORMATION:
Discussion
Section 4 of the Federal Civil Penalties Inflation Adjustment Act
(1990 Pub. L. 101-410, 104 Stat. 890; 28 U.S.C. 2461 note), as amended
by the Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (Pub. L. 114-74, 129 Stat. 599, 28 U.S.C. 2461 note)
(collectively, the FCPIA Act), requires each federal agency with
statutory authority to assess civil monetary penalties (CMPs) to adjust
CMPs for inflation according to a formula described in section 5 of the
FCPIA Act. One purpose of the FCPIA Act is to ensure that CMPs continue
to maintain their deterrent effect through periodic cost-of-living
based adjustments.
The FCPIA Act directs agencies to adjust the level of CMPs for
inflation annually, with an initial ``catch up'' adjustment effective
no later than August 1, 2016. Catch-up adjustments are based on the
percent change between the Consumer Price Index for all Urban Consumers
(CPI-U) for the month of October in the year of the last non-FCPIA-Act-
based adjustment and the October 2015 CPI-U. In accordance with the
FCPIA Act, however, the amount of the CMP catch-up adjustment shall not
exceed 150 percent of the level in effect on November 2, 2015 (the
``maximum adjustment''). Annual inflation adjustments will be based on
the percent change between the October CPI-U preceding the date of the
adjustment and the prior year's October CPI-U. The FCPIA Act requires
agencies to round all CMP levels to the nearest dollar after applying
the multiplier.
On February 24, 2016, the Office of Management and Budget (``OMB'')
issued written guidance providing agencies with CPI-U related
multipliers to use when adjusting the CMP level or range of CMP levels
based on the year the CMP was established or last adjusted by statute
or regulation. (Memorandum for the Heads of Executive Departments and
Agencies: Implementation of the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (OMB Guidance)).
The adjusted civil penalty amounts described in this rule are
applicable only to civil penalties assessed after the effective date of
this regulation.
Treasury is currently authorized to impose CMPs against persons who
have misused the words, titles, abbreviations, initials, symbols,
emblems, seals, or badges of the Department, pursuant to 31 U.S.C. 333.
The maximum CMPs under this statute were established on August 15,
1994, and have not been adjusted. The maximum CMPs established were
$5,000 for each use of any material in violation of 31 U.S.C. 333(a),
and $25,000 if such use is in a broadcast or telecast.
Adjustment
Pursuant to the OMB Guidance, the relevant inflation factor is
1.67728 for the initial catch-up adjustment. Because application of the
factor would result in an adjustment of greater than 150% for both 31
U.S.C. 333 CMPs, the initial adjustment of these penalties is limited
to 150%. The relevant inflation factors for 2017 and 2018 are 1.01636
and 1.02041, respectively. OMB Memoranda M-17-11 and M-18-03.
With respect to the $5,000 CMP, applying the initial 150%
adjustment would result in a maximum penalty amount of $7,500.
Multiplying that amount by the 2017 factor of 1.0136 and rounding to
the nearest dollar would yield a maximum penalty amount of $7,623.
Finally, applying the 2018 factor of 1.02041 to that amount results in
an adjusted maximum penalty amount of $7,779.
With respect to the $25,000 CMP, applying the initial 150%
adjustment would result in a maximum penalty amount of $37,500.
Multiplying that amount by the 2017 factor of 1.0136 and rounding to
the nearest dollar would yields maximum penalty amount of $38,114.
Finally, applying the 2018 factor of 1.02041 to that amount results in
an adjusted maximum penalty amount of $38,892.
Organizational Changes
Finally, the regulation is updated to reflect changes in
organizational structure. References to the United States Customs
Service, United States Secret Service, the Bureau of Alcohol, Tobacco
and Firearms, Bureau of the Public Debt, and the Federal Law
Enforcement Training Center have been deleted. The Bureau of the Fiscal
Service and Commissioner of the Bureau of the Fiscal Service have been
added. Because the existing regulation prohibits misuse of the titles
of any Treasury organization or official, regardless of whether they
are specifically listed, this update makes no substantive change in the
coverage or application of the regulation.
Direct Final Procedures
Treasury is issuing this regulation as a direct final rule. The
effective date of this rule is April 12, 2019 without further notice,
unless Treasury receives written adverse comments before March 13,
2019.
If Treasury receives timely written adverse comments on this
regulation, Treasury will withdraw the regulation before its effective
date.
Procedural Requirements
Regulatory Flexibility Act
The Regulatory Flexibility Act (5 U.S.C. 601-612) does not apply
because adjustments under the FCPIA Act are exempt from the requirement
to publish a notice of proposed rulemaking.
Regulatory Planning and Review
The rule is not a ``significant regulatory action'' as defined in
Executive Order 12866.
List of Subjects in 31 CFR Part 27
Administrative practice and procedure, Penalties.
For the reasons set out in the preamble, title 31, subtitle A, part
27 of the Code of the Federal Regulations is amended to read as
follows:
PART 27--CIVIL PENALTY ASSESSMENT FOR MISUSE OF DEPARTMENT OF THE
TREASURY NAMES, SYMBOLS, ETC.
0
1. The authority citation for part 27 continues to read as follows:
Authority: 31 U.S.C. 321, 333.
0
2. Amend Sec. 27.3 by revising paragraphs (a)(1)(i) through (iii) and
(c) to read as follows:
Sec. 27.3 Assessment of civil penalties.
(a) * * *
(1) * * *
(i) The words ``Department of the Treasury,'' ``Internal Revenue
Service,'' ``Bureau of the Fiscal Service,'' ``Bureau of Engraving and
Printing,'' ``Comptroller of the Currency,''
[[Page 3107]]
``Financial Crimes Enforcement Network,'' ``United States Mint,''
``Alcohol and Tobacco Tax and Trade Bureau,'' or the name of any other
service, bureau, office, or subdivision of the Department of the
Treasury;
(ii) The titles ``Secretary of the Treasury,'' ``Treasurer of the
United States,'' ``Commissioner of Internal Revenue,'' ``Commissioner
of the Bureau of the Fiscal Service,'' ``Director of the Bureau of
Engraving and Printing,'' ``Comptroller of the Currency,'' ``Director
of the Financial Crimes Enforcement Network,'' ``Director of the United
States Mint,'' ``Administrator of the Alcohol and Tobacco Tax and Trade
Bureau,'' or the title of any other officer or employee of the
Department of the Treasury or subdivision thereof;
(iii) The abbreviations or initials of any entity or title referred
to in paragraph (a)(1)(i) or (ii) of this section, including but not
limited to ``IRS,'' ``BFS,'' ``TTB,'' and ``FINCEN'' or ``FinCEN'';
* * * * *
(c) Civil penalty. An assessing official may impose a civil penalty
on any person who violates the provisions of paragraph (a) of this
section. The amount of a civil monetary penalty shall not exceed $7,779
for each and every use of any material in violation of paragraph (a),
except that such penalty shall not exceed $38,892 for each and every
use if such use is in a broadcast or telecast.
* * * * *
Ryan D. Brady,
Executive Secretary.
[FR Doc. 2019-01926 Filed 2-8-19; 8:45 am]
BILLING CODE P
