Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2005-08-30.xml --- 70 167 Tuesday, August 30, 2005 Contents Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service Antitrust Antitrust Division NOTICES National cooperative research notifications: Open Mobile Alliance, 51366-51368 05-17161 Centers Centers for Disease Control and Prevention NOTICES Grants and cooperative agreements; availability, etc.: Human immunodeficiency virus (HIV)— South Africa et al.;

HIV prevention, treatment, and care capacity building for local organizations; correction, 51355 05-17177 Centers Centers for Medicare & Medicaid Services PROPOSED RULES Medicare: Physicians’ services and certain items; prior determination of coverage, 51321-51325 05-17175 Children Children and Families Administration See Refugee Resettlement Office Civil Civil Rights Commission NOTICES Meetings; State advisory committees: Florida, 51334-51335 05-17152 Georgia, 51335 05-17153 Coast Guard Coast Guard RULES Ports and waterways safety; regulated navigation areas, safety zones, security zones, etc.:

Northerly Island, Lake Michigan, Chicago, IL, 51262-51264 05-17160 Seneca River, Baldwinsville, NY, 51264-51266 05-17159 NOTICES Meetings: National Offshore Safety Advisory Committee, 51360-51361 05-17214 Organization, functions, and authority delegations: Sector Jacksonville, FL, 51361 05-17158 Sector New Orleans, LA, 51361-51362 05-17207 Commerce Commerce Department See Foreign-Trade Zones Board See Industry and Security Bureau See International Trade Administration See Minority Business Development Agency See National Oceanic and Atmospheric Administration Corporation Corporation for National and Community Service NOTICES Meetings:

Communications and marketing campaign concepts for baby boomers, 51348 05-17168 Education Education Department NOTICES Privacy Act: Systems of records, 51348-51351 05-17240 Employee Employee Benefits Security Administration PROPOSED RULES Employee Retirement Income Security Act: Annual reports; electronic filing requirements, 51542-51553 05-17185 Energy Energy Department See Federal Energy Regulatory Commission EPA Environmental Protection Agency RULES Air pollutants, hazardous; national emission standards:

Organic chemical manufacturing; miscellaneous Partially withdrawn, 51269-51270 05-17194 Air pollution; standards of performance for new stationary sources: Electric utility steam generating units; mercury performance standards Correction, 51266-51269 05-16927 Air programs: Stratospheric ozone protection— Methyl bromide; critical use exemption process; supplemental request, 51270-51286 05-17191 Air quality implementation plans; approval and promulgation; various States: Minnesota; correction, 51266 05-17203 PROPOSED RULES Air pollutants, hazardous; national emission standards:

Integrated iron and steel manufacturing, 51306-51317 05-17193 Air programs: Stratospheric ozone protection— Methyl bromide; critical use exemption process; supplemental request, 51317-51321 05-17190 Air quality implementation plans; approval and promulgation; various States: California, 51303-51306 05-17196 NOTICES Air programs: State implementation plans; adequacy status for transportation conformity purposes— Maine, 51352-51353 05-17202 Meetings: Clean Air Scientific Advisory Committee, 51353-51354 05-17197 Science Advisory Board, 51354-51355 05-17198 Executive Executive Office of the President See Presidential Documents FAA Federal Aviation Administration RULES Class E airspace, 51250-51251 05-17210 NOTICES Exemption petitions; summary and disposition, 51403-51408 05-17215 05-17216 05-17217 Meetings:

Government/Industry Aeronautical Charting Forum, 51408-51409 05-17211 RTCA, Inc., 51409 05-17209 Federal Election Federal Election Commission PROPOSED RULES Bipartisan Campaign Reform Act; implementation: Certain salaries and wages; State, district, and local party committee payment, 51302-51303 05-17156 Federal election activity; definition, 51302 05-17155 Federal Emergency Federal Emergency Management Agency NOTICES Disaster and emergency areas: Florida, 51362-51363 05-17170 Maine, 51363 05-17169 Federal Energy Federal Energy Regulatory Commission NOTICES Electric rate and corporate regulation combined filings, 51351-51352 E5-4721 *Applications, hearings, determinations, etc.:* Premcor Inc. et al., 51351 E5-4722 Federal Housing Federal Housing Enterprise Oversight Office RULES Practice and procedure:

Federal National Mortgage Association (Fannie Mae) and Federal Home Loan Mortgage Corporation (Freddie Mac)— Civil money penalty inflation adjustment, 51241-51243 05-17232 Fish Fish and Wildlife Service RULES Migratory bird hunting: Seasons, limits, and shooting hours; establishment, etc., 51522-51535 05-17234 PROPOSED RULES Importation, exportation, and transportation of wildlife: Injurious wildlife— Black carp, 51326-51327 05-17173 Food Food and Drug Administration NOTICES Meetings:

Vaccine and Related Biological Products Advisory Committee, 51355-51356 05-17181 MISSING FOR: Foreign-Trade Zones Board Foreign-Trade Zones Board NOTICES *Applications, hearings, determinations, etc.:* Ohio, 51335 05-17228 Tennessee, 51335-51336 05-17230 Forest Forest Service NOTICES Environmental statements; notice of intent: Lake Tahoe Basin Management Unit, CA and NV, 51328-51329 05-17154 White River National Forest et al., CA, 51329-51332 05-17179 Health Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See Health Resources and Services Administration See Refugee Resettlement Office See Substance Abuse and Mental Health Services Administration Health Health Resources and Services Administration NOTICES Health professional shortage areas:

Recruitment of clinicians to become commissioned officers and of sites for assignment of commissioned officers, 51356-51357 05-17180 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department See Federal Housing Enterprise Oversight Office NOTICES Mortgage and loan insurance programs: Multifamily mortgage insurance premiums; changes, 51538-51540 05-17242 Indian Indian Affairs Bureau NOTICES Environmental statements; notice of intent:

Confederated Tribes of Warm Springs Reservation of Oregon; trust acquisition and resort and casino project, 51363-51364 05-17167 Industry Industry and Security Bureau RULES Export administration regulations: India; items controlled unilaterally for nuclear nonproliferation reasons; exports and reexports; license requirements removed, etc., 51251-51252 05-17241 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau See Minerals Management Service See Surface Mining Reclamation and Enforcement Office International International Trade Administration NOTICES Antidumping:

Cased pencils from— China, 51336-51338 E5-4728 E5-4729 International International Trade Commission NOTICES Import investigations: Fresh and chilled Atlantic salmon from— Norway, 51365 05-17164 Non-frozen concentrated apple juice from— China, 51365-51366 05-17174 Justice Justice Department See Antitrust Division Labor Labor Department See Employee Benefits Security Administration See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Reports and guidance documents; availability, etc.:

Oil, gas, and potash leasing and development— Potash enclave; establishment criteria; policy affirmation, 51364 05-17176 Minerals Minerals Management Service RULES Outer Continental Shelf; oil, gas, and sulphur operations: Plans and information, 51478-51519 05-16764 Minority Minority Business Development Agency NOTICES Grants and cooperative agreements; availability, etc.: Minority Business Opportunity Center Program, 51338-51341 05-17233 National Archives National Archives and Records Administration NOTICES Agency records schedules; availability, 51375-51376 05-17157 National Highway National Highway Traffic Safety Administration RULES Motor vehicle safety standards:

Motorcycle controls and displays, 51286-51300 05-17103 PROPOSED RULES Fuel economy standards: Light trucks; 2008-2011 model years, 51414-51476 05-17005 05-17006 NOAA National Oceanic and Atmospheric Administration RULES Fishery conservation and management: Alaska; fisheries of Exclusive Economic Zone— Pollock, 51300-51301 05-17221 05-17222 NOTICES Marine mammals: Incidental taking; authorization letters, etc.— Eglin Air Force Base, FL; Naval Explosive Ordnance Disposal School training operations; cetaceans, 51341-51347 05-17224 Meetings:

Gulf of Mexico Fishery Management Council, 51347-51348 E5-4719 National Science National Science Foundation NOTICES Meetings: Materials Research Proposal Review Panel, 51376-51377 05-17219 Proposal review, 51377 05-17220 National Transportation National Transportation Safety Board NOTICES Meetings; Sunshine Act, 51377 05-17340 NRCS Natural Resources Conservation Service NOTICES Privacy Act: Systems of records, 51332-51334 05-17305 Nuclear Nuclear Regulatory Commission NOTICES Meetings;

Sunshine Act, 51377-51378 05-17292 Operating licenses, amendments; no significant hazards considerations; biweekly notices, 51378-51388 05-16979 Occupational Occupational Safety and Health Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51368-51370 05-17231 Nationally recognized testing laboratories, etc.: MET Laboratories, Inc., 51370-51371 05-17184 NSF International, 51371-51373 05-17182 TUV America, Inc., 51373-51374 05-17183 Office Office of Federal Housing Enterprise Oversight See Federal Housing Enterprise Oversight Office Presidential Presidential Documents PROCLAMATIONS *Special observances:* Women's Equality Day (Proc. 7918), 51555-51558 05-17389 Refugee Refugee Resettlement Office NOTICES Grant and cooperative agreement awards:

Hebrew Immigrant Aid Society, 51357 05-17239 Research Research and Innovative Technology Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51409-51410 05-17212 SEC Securities and Exchange Commission NOTICES Meetings: Smaller Public Companies Advisory Committee, 51388 05-17166 Public Utility Holding Company Act of 1935 filings, 51388-51392 E5-4725 Self-regulatory organizations; proposed rule changes: American Stock Exchange LLC, 51392-51394 E5-4727 Chicago Stock Exchange, Inc., 51394-51395 E5-4723 National Association of Securities Dealers, Inc., 51395-51398 E5-4726 New York Stock Exchange, Inc., 51398 E5-4724 Sentencing Sentencing Commission, United States See United States Sentencing Commission SBA Small Business Administration RULES HUBZone program:

Government contracting, 8(a) business development, and small business size standard programs, 51243-51250 05-17206 NOTICES Meetings: National Small Business Development Center Advisory Board, 05-17171 51399-51400 05-17172 Social Social Security Administration RULES Social security benefits: Federal old age, survivors, and disability insurance— Multiple body system impairments; medical criteria for evaluation, 51252-51262 05-17114 State State Department NOTICES Agency information collection activities; proposals, submissions, and approvals, 51400 05-17229 Substance Substance Abuse and Mental Health Services Administration NOTICES Agency information collection activities; proposals, submissions, and approvals, 51358-51360 05-17178 Surface Surface Mining Reclamation and Enforcement Office NOTICES Agency information collection activities; proposals, submissions, and approvals, 51364-51365 05-17187 Surface Surface Transportation Board NOTICES Rail carriers:

Waybill data; release for use, 05-17225 51410 05-17237 Railroad operation, acquisition, construction, etc.: Union Pacific Railroad Co., 51410-51411 05-17139 Railroad services abandonment: Norfolk Southern Railway Co., 51411 05-17136 Transportation Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration See Research and Innovative Technology Administration See Surface Transportation Board NOTICES Agency information collection activities; proposals, submissions, and approvals, 51400-51402 05-17213 Treasury Treasury Department NOTICES Meetings:

Federal Tax Reform, President's Advisory Panel, 51411-51412 05-17302 05-17303 U.S. Sentencing United States Sentencing Commission NOTICES Sentencing guidelines and policy statements for Federal courts, 51398-51399 05-17186 Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 51414-51476 05-17005 05-17006 Part III Interior Department, Minerals Management Service, 51478-51519 05-16764 Part IV Interior Department, Fish and Wildlife Service, 51522-51535 05-17234 Part V Housing and Urban Development Department, 51538-51540 05-17242 Part VI Labor Department, Employee Benefits Security Administration, 51542-51553 05-17185 Part VII Executive Office of the President, Presidential Documents, 51555-51558 05-17389 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, reminders, and notice of recently enacted public laws.

To subscribe to the Federal Register Table of Contents LISTSERV electronic mailing list, go to http://listserv.access.gpo.gov and select Online mailing list archives, FEDREGTOC-L, Join or leave the list (or change settings); then follow the instructions. 70 167 Tuesday, August 30, 2005 Rules and Regulations DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT Office of Federal Housing Enterprise Oversight 12 CFR Part 1780 RIN 2550-AA17 Rules of Practice and Procedure; Civil Money Penalty Inflation Adjustment AGENCY:

Office of Federal Housing Enterprise Oversight, HUD. ACTION: Final rule. SUMMARY: The Office of Federal Housing Enterprise Oversight is issuing this final rule amending its rules of practice and procedure to adjust each civil money penalty within its jurisdiction to account for inflation, pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996. DATES: This rule is effective on August 30, 2005. FOR FURTHER INFORMATION CONTACT:

David W. Roderer, Deputy General Counsel, at

(202)414-3804; Charlotte A. Reid, Associate General Counsel, at

(202)414-3810; or Frank R. Wright, Senior Counsel, at

(202)414-6439 (not toll-free numbers); Office of Federal Housing Enterprise Oversight, Fourth Floor, 1700 G Street, NW., Washington, DC 20552. The telephone number for the Telecommunications Device for the Deaf is:

(800)877-8339 (TDD only). SUPPLEMENTARY INFORMATION Background The Office of Federal Housing Enterprise Oversight (OFHEO), an independent office within the Department of Housing and Urban Development (HUD), is the exclusive financial safety and soundness regulator of the Federal National Mortgage Association (Fannie Mae) and the Federal Home Loan Mortgage Corporation (Freddie Mac) (collectively, the Enterprises) under the Federal Housing Enterprises Financial Safety and Soundness Act of 1992 (Act), as amended. 1 The Enterprises are government-sponsored corporations chartered to provide liquidity to the residential mortgage market and to promote the availability of mortgage credit by investing in residential mortgages and guaranteeing securities backed by residential mortgages. 2 OFHEO oversees the Enterprises to ensure that they remain adequately capitalized and operate in a safe and sound manner and in accordance with applicable laws, rules and regulations. To that end OFHEO is vested with broad supervisory discretion and specific civil administrative enforcement powers, similar to such authority granted by Congress to the Federal bank regulatory agencies. 3 In particular, section 1376 of the Act (12 U.S.C. 4636) empowers OFHEO to impose civil money penalties under specific conditions. OFHEO's Rules of Practice and Procedure (12 CFR part 1780) govern cease and desist proceedings, civil money penalty assessment proceedings and other administrative adjudications. 4 1 *See* Federal Housing Enterprises Financial Safety and Soundness Act of 1992, Pub. L. 102-550, Title XIII, Section 1301, Oct. 28, 1992, 106 Stat. 3672, 3941-4012 (codified at 12 U.S.C. 4501 *et seq.* ). 2 *See* Federal Home Loan Mortgage Corporation Act, 12 U.S.C. 1451 *et seq.;* Federal National Mortgage Association Charter Act, 12 U.S.C. 1716 *et seq.* ; Act at 12 U.S.C. 4561-67, 4562 note. 3 *See* Pub. L. No. 102-550, Title XIII, Section 1313 and 1371-1379B (Subtitle C—Enforcement Provisions) (codified at 12 U.S.C. 4513 and 4631-4641, respectively). 4 *See* 12 CFR 1780.1 The Inflation Adjustment Act The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (the Inflation Adjustment Act) requires OFHEO, as well as other Federal agencies with the authority to issue civil money penalties (CMPs), to publish regulations to adjust the maximum amount of each CMP authorized by law that the agency has jurisdiction to administer. 5 The Inflation Adjustment Act required agencies to make an initial adjustment of their CMPs upon the statute's enactment, and further requires agencies to make additional adjustments on an ongoing basis, every four years following the initial adjustment. The purpose of these periodic adjustments is to maintain the deterrent effect of CMPs and promote compliance with the law. Subpart E of OFHEO's Rules of Practice and Procedure sets forth the Civil Money Penalty Inflation Adjustment amounts and discusses their applicability. *See* 12 CFR parts 1780.80-81. 5 *See* 28 U.S.C. 2461 note. As required, OFHEO made the initial adjustment to the maximum civil money penalty amounts in 1997, and provided that such adjustments were applicable to any violation occurring after October 23, 1996 (the effective date of the Inflation Adjustment Act). 6 The last adjustment was made in 2000, effective January 4, 2001. 7 OFHEO again is amending the maximum civil money penalty amount for each tier that OFHEO has authority to impose under 12 U.S.C. 4636 in accordance with the Inflation Adjustment Act. 6 *See* 62 FR 68152, December 31, 1997. 7 *See* 66 FR 709, Jan. 4, 2001. Under the Inflation Adjustment Act, the inflation adjustment for each applicable CMP is determined by increasing the maximum CMP amount per violation by a cost-of-living adjustment. As is described in detail below, the Inflation Adjustment Act provides that this cost-of-living adjustment is to reflect the percentage increase in the Consumer Price Index since the CMPs were last adjusted or established, and rounded in accordance with rules provided in the statute. 8 8 The Inflation Adjustment Act specifically identifies the Consumer Price Index for All Urban Consumers published by the United States Department of Labor (CPI-U). The Department of Labor

(DOL)computes the CPI-U using two different base time periods, 1967 and 1982-1984. The Inflation Adjustment Act does not specify which of these base periods should be used to calculate the inflation adjustment. OFHEO calculated the initial adjustment of its CMPs using CPI-U data with the 1967 base period. OFHEO is using CPI-U data with the 1982-1984 base period for the adjustments adopted in this final rule, because such data now reflect the most current method of computing the CPI-U. Description of the Rule This final rule adjusts the maximum penalty amount within each of the three tiers specified in 12 U.S.C. 4636 by amending the table contained in 12 CFR part 1780.80 to reflect the new adjusted maximum penalty amount that OFHEO may impose upon an executive officer or director or an Enterprise within each tier. The increases in maximum penalty amounts contained in this final rule may not necessarily affect the amount of any CMP that OFHEO may seek for a particular violation; OFHEO would calculate each CMP on a case-by-case basis in light of a variety of factors. 9 9 *See, e.g.* , 12 CFR part 1780.1(c). The Inflation Adjustment Act directs federal agencies to calculate each CMP adjustment as the percentage by which the CPI-U for June of the calendar year preceding the adjustment exceeds the CPI-U for June of the calendar year in which the amount of each CMP was last adjusted. The CMP for Third Tier penalties by an Enterprise was adjusted in 2000, and every other CMP was last adjusted in 1997. 10 Since OFHEO is making this round of adjustments in calendar year 2005, and OFHEO made the last round of adjustments in calendar year 2000, the inflation adjustment amount for each CMP that was adjusted in 2000 was calculated by comparing the CPI-U for June 2000 (172.4) with the CPI-U for June 2004 (189.7), resulting in an inflation adjustment of 10.0 percent. 11 For each CMP that was last adjusted in 1997, the inflation adjustment amount was calculated by comparing the CPI-U for June 1997 (160.3) with the CPI-U for June 2004 (189.7), resulting in an inflation adjustment of 18.3 percent. For each CMP, the product of this inflation adjustment and the previous maximum penalty amount was then rounded in accordance with the specific requirements of the Inflation Adjustment Act, and was then summed with the previous maximum penalty amount to determine the new adjusted maximum penalty amount. 12 The table below sets out these items accordingly. 10 *See* 66 FR 709, Jan. 4, 2001; 62 FR 68152, Dec. 31, 1997. 11 OFHEO's last round of adjustments in 2000 applied an inflation factor of 3.7 percent, calculated by comparing June 1997 data to June 1999 data. The 1997 data was used as the base period in accordance with the Inflation Adjustment Act's directive to use CPI-U data from the year of the CMP's previous adjustment. The resulting penalty was then rounded in accordance with the statutory rules described below. 66 FR 709, January 4, 2001. Although the adjustment is being made in calendar year 2005, the resulting CMP increases do not take effect until publication of the rule, and will only apply to conduct occurring after such data. 12 The statute's rounding rules require that each increase be rounded to the nearest multiple as follows: $10 in the case of penalties less than or equal to $100; $100 in the case of penalties greater than $100 but less than or equal to $1,000; $1,000 in the case of penalties greater than $1,000 but less than or equal to $10,000; $5,000 in the case of penalties greater than $10,000 but less than or equal to $100,000; $10,000 in the case of penalties greater than $100,000 but less than or equal to $200,000; and $25,000 in the case of penalties greater than $200,000. U.S. code citation Description Previous maximum penalty amount Inflation increase Rounded inflation increase New adjusted maximum penalty amount 12 U.S.C. 4636(b)(1) First Tier 5,500 1,006.50 1,000 6,500 12 U.S.C. 4636(b)(2) Second Tier (Executive Officer or Director) 11,000 2,013 0 11,000 12 U.S.C. 4636(b)(2) Second Tier (Enterprise) 27,500 5,032.50 5,000 32,500 12 U.S.C. 4636(b)(3) Third Tier (Executive Officer or Director) 110,000 20,130 20,000 130,000 12 U.S.C. 4636(b)(3) Third Tier (Enterprise) 1,150,000 115,000 125,000 1,275,000 Section 1780.81 states that the adjustments made in § 1780.80 apply only to violations that occur after the effective date, August 30, 2005. Public Notice and Comment and Delayed Effective Date Not Required OFHEO finds good cause that notice and an opportunity to comment on this document are unnecessary under the Administrative Procedure Act, 5 U.S.C. 551-559, as amended (APA). This rulemaking conforms with and is consistent with the statutory directive set forth in the Inflation Adjustment Act, with no issues of policy discretion, and public comment is impracticable and unnecessary. Accordingly, OFHEO is issuing the amendments as a final rule. In addition, OFHEO finds good cause to make this rule effective upon publication of this document in the **Federal Register** under the APA. *See* 5 U.S.C. 553(d). This final rule does not impose any additional responsibilities on any entity. Instead, it simply adjusts the amount of each CMP tier as dictated by the Inflation Adjustment Act. Regulatory Impact Executive Order 12866, Regulatory Planning and Review This final rule is not classified as a significant rule under Executive Order 12866 because it will not result in an annual effect on the economy of $100 million or more or a major increase in costs or prices for consumers, individual industries, Federal, State, or local government agencies, or geographic regions; or have significant adverse effects on competition, employment, investment, productivity, innovation, or on the ability of United States-based Enterprises to compete with foreign-based enterprises in domestic or foreign markets. Accordingly, no regulatory impact assessment is required and this final rule has not been submitted to the Office of Management and Budget for review. Unfunded Mandates Reform Act of 1995 This final rule does not include a Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year. As a result, the final rule does not warrant the preparation of an assessment statement in accordance with the Unfunded Mandates Reform Act of 1995. Regulatory Flexibility Act The Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ) only applies to rules for which an agency publishes a general notice of proposed rulemaking pursuant to 5 U.S.C. 553(b) ( *see* 5 U.S.C. 601(2)). OFHEO has determined for good cause that the APA does not require a general notice of proposed rulemaking for this regulatory action. The Regulatory Flexibility Act does not apply to this final rule. Paperwork Reduction Act of 1995 The rule contains no information collection requirements that require the approval of the Office of Management and Budget pursuant to the Paperwork Reduction Act, 44 U.S.C. 3501-3520. List of Subjects in 12 CFR Part 1780 Administrative practice and procedure, Penalties. Accordingly, for the reasons set out in the preamble, the Office of Federal Housing Enterprise Oversight hereby amends 12 CFR part 1780 as follows: PART 1780—RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 1780 is revised to read as follows: Authority: 12 U.S.C. 4501, 4513(b), 4517, 4521, 4631-4641. 2. Revise Subpart E of part 1780 to read as follows: Subpart E—Civil Money Penalty Inflation Adjustments § 1780.80 Inflation adjustments. The maximum amount of each civil money penalty within OFHEO's jurisdiction is adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (28 U.S.C. 2461 note) as follows: U.S. code citation Description New adjusted maximum penalty amount 12 U.S.C. 4636(b)(1) First Tier 6,500 12 U.S.C. 4636(b)(2) Second Tier (Executive Officer or Director) 11,000 12 U.S.C. 4636(b)(2) Second Tier (Enterprise) 32,500 12 U.S.C. 4636(b)(3) Third Tier (Executive Officer or Director) 130,000 12 U.S.C. 4636(b)(3) Third Tier (Enterprise) 1,275,000 § 1780.81 Applicability. The inflation adjustments in § 1780.80 apply to civil money penalties assessed in accordance with the provisions of 12 U.S.C. 4636 for violations occurring after the effective date, August 30, 2005. Dated: August 25, 2005. Stephen A. Blumenthal, Acting Director, Office of Federal Housing Enterprise Oversight. [FR Doc. 05-17232 Filed 8-29-05; 8:45 am]

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