Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2012-11-06.xml --- 77 215 Tuesday, November 6, 2012 Contents Agriculture Agriculture Department See Forest Service See Natural Resources Conservation Service NOTICES Cancellation of Indianapolis Grain Inspection and Weighing Service, Inc. Designation: Selection of Interim Provider; Opportunity for Designation in the Indianapolis, IN Area; Correction, 66578 2012-27079 Air Force Air Force Department NOTICES Determination of Interest Level for a United Launch Alliance Consent Order Industry Day, 66595-66596 2012-27061 Alcohol Tobacco Firearms Alcohol, Tobacco, Firearms, and Explosives Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Appeals of Background Checks, 66634 2012-27040 Application for Federal Firearms License, 66633-66634 2012-27039 Application to Register as an Importer of U.S. Munitions Import List Articles, 66634-66635 2012-27038 Antitrust Division Antitrust Division NOTICES Membership Changes Pursuant to National Cooperative Research and Production Act: Border Security Technology Consortium, 66635 2012-27063 Heterogeneous System Architecture Foundation, 66636 2012-27107 IMS Global Learning Consortium, Inc., 66635-66636 2012-27106 Antitrust See Antitrust Division Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 66617-66619 2012-27047 Meetings: Partnerships to Advance National Occupational Research Agenda, 66619-66620 2012-27172 Requests for Nominations: National Public Health Surveillance and Biosurveillance Advisory Committee, 66620 2012-27053 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicaid Program: Payments for Services Furnished by Certain Primary Care Physicians and Charges for Vaccine Administration under the Vaccines for Children Program, 66670-66701 2012-26507 Coast Guard Coast Guard RULES Safety Zones:

Alliance Road Bridge Demolition; Black Warrior River, Locust Fork; Birmingham, AL, 66541-66543 2012-27026 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Committee Implementation Committee for the Implementation of Textile Agreements NOTICES Interim Procedures for Considering Requests: Commercial Availability Provision of the United States-Colombia Trade Promotion Agreement, 66588-66594 2012-27090 Comptroller Comptroller of the Currency RULES Rules of Practice and Procedure:

Adjudicatory Proceedings; Civil Money Penalty Inflation Adjustments, 66529-66534 2012-27074 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66663-66667 2012-27171 Defense Department Defense Department See Air Force Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 66595 2012-26984 Education Department Education Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Needs Sensing Survey under the Regional Educational Laboratory Program, 66596-66597 2012-27072 Performance Review Board Membership, 66597 2012-26983 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Liquefied Natural Gas Export Applications: Chevron U.S.A. Inc., 66597-66599 2012-27032 Meetings: Environmental Management Site-Specific Advisory Board, Northern New Mexico, 66599 2012-27034 Environmental Protection Environmental Protection Agency RULES Approvals and Promulgations of Air Quality Implementation Plans:

Delaware; Requirements for Prevention of Significant Deterioration and Nonattainment New Source Review; Fine Particulate Matter (PM2.5); Correction, 66543-66545 2012-26951 Michigan; Determination of Attainment of the 1997 Annual Fine Particle Standard for the Detroit-Ann Arbor Nonattainment Area, 66545-66547 2012-26957 Approvals and Promulgations of Implementation Plans: Michigan; Detroit-Ann Arbor Nonattainment Area; Fine Particulate Matter 2005 Base Year Emissions Inventory, 66547-66548 2012-26962 Revisions to California State Implementation Plan:

San Joaquin Valley Unified Air Pollution Control District, 66548-66554 2012-26779 NOTICES Twenty-fifth Update of the Federal Agency Hazardous Waste Compliance Docket, 66609-66616 2012-27041 Executive Office of the President See Presidential Documents See Trade Representative, Office of United States Export Import Export-Import Bank NOTICES Application for Final Commitment: Long-Term Loan or Financial Guarantee in Excess of $100 Million, 66616 2012-27029 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives:

BRP-Powertrain GmbH & Co KG Rotax Reciprocating Engines; Correction, 66534-66535 2012-26772 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures, 66535-66539 2012-26825 2012-26838 PROPOSED RULES Airworthiness Directives: Hawker Beechcraft Corporation, 66566-66568 2012-27052 Federal Bureau Federal Bureau of Investigation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: The National Instant Criminal Background Check System Point-of-Contact State Final Determination Electronic Submission, 66636-66637 2012-27036 Federal Emergency Federal Emergency Management Agency RULES Final Flood Elevation Determinations, 66555-66563 2012-26996 Federal Energy Federal Energy Regulatory Commission PROPOSED RULES Revisions to Procedural Regulations Governing Transportation by Intrastate Pipelines, 66568-66574 2012-26748 NOTICES Complaints:

Southwestern Public Service Co. v. Southwest Power Pool, Inc., 66600 2012-27011 Deadlines: High Point Gas Transmission, LLC, 66600 2012-27005 Declaration of Intention Applications: DR6275 LLC, 66600-66601 2012-27016 Electronic Tariff Filings: Change to eTariff Type of Filing Codes, 66601 2012-27006 Environmental Assessments; Availability, etc.: Northern Natural Gas Co., A-Line Abandonment Project, 66601-66602 2012-27014 Trunkline Gas Co., LLC, Trunkline Mainline Abandonment Project, 66603-66605 2012-27015 William Arkoosh, Little Wood River Ranch II Hydropower Project, 66602 2012-27017 Exemption Amendment Applications:

Nashua Hydro Associates, 66605-66606 2012-27009 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Clear Choice Energy, LLC, 66606 2012-27019 License Transfer Applications: Allegheny Electric Cooperative, Inc. and The Connecticut Bank and Trust Co., National Association, 66606 2012-27008 Petitions for Declaratory Orders: Sierra Pacific Power Co. and Nevada Power Co., 66607 2012-27012 Power Sales Applications: Placer County Water Agency, 66607 2012-27020 Preliminary Permit Applications:

New England Hydropower Co., LLC, 66608 2012-27018 Northern Wasco County People's Utility District, 66607-66608 2012-27010 Staff Attendances, 66609 2012-27007 2012-27013 Federal Housing Finance Agency Federal Housing Finance Agency PROPOSED RULES Stress Testing of Regulated Entities, 66566 2012-27024 Federal Mediation Federal Mediation and Conciliation Service RULES Freedom of Information Act Regulations, 66539-66541 2012-26585 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control:

Acquisitions of Shares of a Savings and Loan Holding Company, 66616 2012-27028 Food and Drug Food and Drug Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Generic Drug User Fee Cover Sheet, 66620-66621 2012-27003 Draft Guidances for Industry; Availability: Bioequivalence Recommendation for Lenalidomide Capsules, 66621-66622 2012-27004 Forest Forest Service NOTICES Environmental Impact Statements; Availability, etc.: San Bernardino National Forest, Mountaintop Ranger District, CA, Santa Ana Watershed Hazardous Fuels Reduction and Forest Health Project, 66578-66580 2012-27030 General Services General Services Administration RULES Federal Travel Regulation:

Payment of Expenses Connected with Death of Certain Employees, 66554-66555 2012-27023 NOTICES Meetings: Office of Federal High-Performance Green Buildings Green Building Advisory Committee, 66616-66617 2012-27103 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Food and Drug Administration See National Institutes of Health NOTICES Health Information Technology Policy and Standards Committees;

Workgroup Application Database, 66617 2012-27084 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency See U.S. Customs and Border Protection Interior Interior Department See Land Management Bureau See Surface Mining Reclamation and Enforcement Office NOTICES Draft Early Restoration Plan and Environmental Review: Deepwater Horizon Oil Spill, 66626-66628 2012-27080 Privacy Act; Systems of Records, 66628-66630 2012-26997 International Trade Adm International Trade Administration NOTICES Antidumping Duty Administrative Reviews;

Results, Extensions, Amendments, etc.: Certain Preserved Mushrooms from India, 66580-66581 2012-27102 Charter Renewals: Civil Nuclear Trade Advisory Committee, 66581-66582 2012-26999 Request for Information for Proposed United States-East African Community Commercial Dialogue, 66582-66583 2012-27088 Solicitations of Nominations: Civil Nuclear Trade Advisory Committee, 66583-66584 2012-26998 Subsidy Programs Provided by Countries Exporting Softwood Lumber and Softwood Lumber Products to the United States, 66584-66585 2012-26947 International Trade Com International Trade Commission NOTICES Meetings;

Sunshine Act, 66631-66632 2012-27144 2012-27200 Terminations of Investigations: Certain Protective Cases And Components Thereof, 66632-66633 2012-26995 Justice Department Justice Department See Alcohol, Tobacco, Firearms, and Explosives Bureau See Antitrust Division See Federal Bureau of Investigation See Justice Programs Office Justice Programs Justice Programs Office NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Public Safety Officer's Medal of Valor, 66637-66638 2012-27037 Labor Department Labor Department See Occupational Safety and Health Administration Land Land Management Bureau NOTICES Plats of Survey:

Arizona, 66631 2012-27064 Colorado, 66630-66631 2012-27056 National Institute National Institutes of Health NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Database for Autism Research Data Access Request, 66622-66623 2012-27085 Meetings: Center for Scientific Review, 66623-66625 2012-26990 2012-26991 National Cancer Institute, 66623 2012-26987 2012-26988 National Institute of Allergy and Infectious Diseases, 2012-26992 66624-66625 2012-26993 National Institute of General Medical Sciences, 66625-66626 2012-26989 National Institute on Minority Health and Health Disparities, 66623 2012-26986 Office Of Biotechnology Activities, Office Of Science Policy, Office Of The Director, 66624 2012-26994 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Exclusive Economic Zone Off Alaska:

Reallocation of Pacific Cod in the Western Regulatory Area of the Gulf of Alaska Management Area, 66564 2012-27045 North Pacific Fishery Management Council: Essential Fish Habitat Amendments, 66564-66565 2012-27075 PROPOSED RULES Fisheries off West Coast States: Pacific Coast Groundfish Fishery; Trawl Rationalization Program; Notice of Non-whiting At-Sea Processing Prohibition Exemption, 66577 2012-27070 NOTICES Atlantic Coastal Fisheries Cooperative Management Act Provisions:

Application for Exempted Fishing Permits, 66585-66586 2012-27078 Meetings: Mid-Atlantic Fishery Management Council, 66586 2012-27021 2012-27022 Taking and Importing Marine Mammals: Missile Launch Operations from San Nicolas Island, CA, 66587 2012-27071 National Telecommunications National Telecommunications and Information Administration NOTICES Development of the Nationwide Interoperable Public Safety Broadband Network, 66588 2012-27031 National Resources Natural Resources Conservation Service NOTICES Records of Decisions:

Gulf Coast Pipeline Project, 66580 2012-26979 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Director's Decisions: Entergy Nuclear Operations, Inc., et al.; Indian Point Nuclear Generating Units 1, 2, and 3, 66641-66647 2012-27046 License Amendment Requests: Light Sources, Inc., Orange, CT, 66647-66649 2012-27065 Proposed Revision to Probabilistic Risk Assessment and Severe Accident Evaluation for New Reactors, 66649-66650 2012-27073 Proposed Revisions to Radiation Protection, 66650-66651 2012-27069 Occupational Safety Health Adm Occupational Safety and Health Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Standard on Process Safety Management of Highly Hazardous Chemicals, 66638-66639 2012-27043 Meetings: Advisory Committee on Construction Safety and Health, 66639-66641 2012-26980 Office of United States Trade Representative See Trade Representative, Office of United States Presidential Documents Presidential Documents PROCLAMATIONS Special Observances: Military Family Month (Proc. 8895), 66515-66516 2012-27188 National Adoption Month (Proc. 8896), 66517-66518 2012-27190 National Alzheimer's Disease Awareness Month (Proc. 8897), 66519-66520 2012-27196 National Diabetes Month (Proc. 8898), 66521-66522 2012-27199 National Entrepreneurship Month (Proc. 8899), 66523-66524 2012-27202 National Family Caregivers Month (Proc. 8900), 66525-66526 2012-27205 National Native American Heritage Month (Proc. 8901), 66527-66528 2012-27207 Securities Securities and Exchange Commission NOTICES Applications:

Salient Advisors, LP and MarketShares ETF Trust, 66651-66658 2012-27001 Meetings; Sunshine Act, 66658 2012-27128 Self-Regulatory Organizations; Proposed Rule Changes: NASDAQ Stock Market LLC, 66658-66662 2012-27000 2012-27033 Surface Mining Surface Mining Reclamation and Enforcement Office PROPOSED RULES Texas Regulatory Program, 66574-66577 2012-27086 Surface Transportation Surface Transportation Board NOTICES Environmental Impact Statements; Availability, etc.: Rail Construction and Operation, Tongue River Railroad Co., Inc., Custer, Powder River and Rosebud Counties, MT;

Correction, 66663 2012-26981 Textile Agreements Implementation Committee See Committee for the Implementation of Textile Agreements Trade Representative Trade Representative, Office of United States NOTICES Generalized System of Preferences: Import Statistics Relating to Competitive Need Limitations, 66662-66663 2012-27083 Transportation Department Transportation Department See Federal Aviation Administration See Surface Transportation Board Treasury Treasury Department See Comptroller of the Currency NOTICES Senior Executive Service;

Combined Performance Review Board, 66663 2012-26974 Customs U.S. Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Administrative Rulings, 66626 2012-27025 Separate Parts In This Issue Part II Health and Human Services Department, Centers for Medicare & Medicaid Services, 66670-66701 2012-26507 Reader Aids Consult the Reader Aids section at the end of this page 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. 77 215 Tuesday, November 6, 2012 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Parts 19 and 109 [Docket ID OCC-2012-0011] RIN 1557-AD61 Rules of Practice and Procedure; Rules of Practice and Procedure in Adjudicatory Proceedings;

Civil Money Penalty Inflation Adjustments AGENCY: Office of the Comptroller of the Currency, Treasury. ACTION: Final rule. SUMMARY: The Office of the Comptroller of the Currency

(OCC)is amending its rules of practice and procedure for national banks and its rules of practice and procedure in adjudicatory proceedings for Federal savings associations to publish the maximum amount, adjusted for inflation, of each civil money penalty

(CMP)within its jurisdiction to administer. These actions, including the adjustment methodology, are required under the Federal Civil Penalties Inflation Adjustment Act of 1990 (Inflation Adjustment Act or Act), as amended by the Debt Collection Improvement Act of 1996 (Debt Collection Improvement Act). DATES: *Effective:* December 6, 2012. FOR FURTHER INFORMATION CONTACT: Jean Campbell, Senior Attorney, Legislative and Regulatory Activities Division,

(202)874-5090, or P. Holley Roberts, Senior Attorney, Enforcement and Compliance Division,

(202)874-4800, Office of the Comptroller of the Currency, 250 E Street SW., Washington, DC 20219. SUPPLEMENTARY INFORMATION: Background The Inflation Adjustment Act (Act), 28 U.S.C. 2461 note, requires the OCC, as well as other Federal agencies with CMP authority, periodically to evaluate and publish by regulation the inflation-adjusted maximum assessment for each CMP authorized by a law that the agency has jurisdiction to administer. The purpose of these adjustments is to maintain the deterrent effect of CMPs and to promote compliance with the law. The Act requires evaluations and inflation adjustments to be made at least once every four years following the initial adjustment. The Act provides detailed instructions for calculating the inflation adjustment. It specifies that the adjustment shall reflect the percentage increase in the Consumer Price Index between June of the calendar year preceding the year in which the adjustment will be made and June of the calendar year in which the amount was last set or adjusted. The Act defines the Consumer Price Index as the Consumer Price Index for all urban consumers (CPI-U) published by the Department of Labor. 1 *See* 28 U.S.C. 2461 note. In addition, the Act provides rules for rounding increases 2 and requires that any increase in a CMP maximum apply only to violations that occur after the date of the adjustment. Finally, section 2 of the Debt Collection Improvement Act amended the Inflation Adjustment Act by limiting the *initial* adjustment of a CMP maximum pursuant to the Inflation Adjustment Act to no more than 10 percent of the amount established by statute. *See* 28 U.S.C. 2461 note. 1 The Department of Labor computes the CPI-U using two different base time periods, 1967 and 1982-1984, and the Act does not specify which of these base periods should be used to calculate the inflation adjustment. The OCC, consistent with the other Federal banking agencies, has used the CPI-U with 1982-1984 as the base period. Data on the CPI-U is available at *http://bls.gov.* 2 The Act's rounding rules require that an increase be rounded to the nearest multiple of: $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. *See* 28 U.S.C. 2461 note. Pursuant to Title III of the Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, 124 Stat. 1376 (2010), Congress transferred the powers, authorities, rights, and duties of the Office of Thrift Supervision

(OTS)to the OCC on July 21, 2011, and the OCC assumed all functions of the OTS and the Director of the OTS relating to Federal savings associations. Therefore, the OCC now has responsibility for the ongoing supervision, examination, and regulation of Federal savings associations as of the transfer date. Accordingly, the OCC also is amending its rules of practice and procedure in adjudicatory proceedings for Federal savings associations, set forth at 12 CFR 109.103(c), to adjust the maximum amount of each CMP within its jurisdiction to administer to account for inflation. 3 3 Although we are amending both 12 CFR part 19 and 12 CFR part 109 at this time, the OCC expects to consolidate these provisions in the future as part of its integration of the OCC and OTS rules. The OCC's last adjustments to the maximum assessments of CMPs applicable to national banks were published in the **Federal Register** on November 10, 2008, 73 FR 66493, and became effective on December 10, 2008. The last adjustments to the maximum assessments of CMPs applicable to Federal savings associations were published in the **Federal Register** on October 27, 2008, 73 FR 63625, and became effective on October 27, 2008. Description of the Final Rule This final rule sets forth the inflation-adjusted maximum assessment for each CMP that the OCC has jurisdiction to impose in accordance with the statutory requirements by revising the table contained in 12 CFR 19.240(a) with respect to national banks and the table contained in 12 CFR 109.103(c) with respect to Federal savings associations. Each table identifies the statutes that authorize the OCC to assess CMPs, describes the different tiers of penalties provided in each statute (as applicable), and sets out the inflation-adjusted maximum penalty that the OCC may impose pursuant to each statutory provision. The Act requires that we compute the inflation factor by comparing the CPI-U for June of the calendar year preceding the adjustment with the CPI-U for June of the year in which the CMPs were last set or increased. 4 *See* 28 U.S.C. 2461 note. The vast majority of CMPs applicable to national banks and Federal savings associations were last increased in 2008. For those CMPs, we compared the CPI-U for June 2011 (225.722) with the CPI-U for June 2008 (218.815), resulting in an inflation factor of 3.2 percent. A few penalties were last increased in 2000. For those penalties, we compared the CPI-U for June 2011 (225.7) with the CPI-U for June 2000 (172.4), resulting in an inflation factor of 30.9 percent. Finally, a few penalties were last increased in 1997. For those penalties, we compared the CPI-U for June 2011 (225.7) with the CPI-U for June 1997 (160.3), resulting in an inflation factor of 40.8 percent. 4 As a general matter, if a preliminary calculated increase for a given CMP maximum fails to reach the level warranting an actual increase under the rounding rules prescribed by statute, then the maximum for that CMP does not change. In that case, the calculation in subsequent years would use an inflation adjustment factor reflecting changes in the Consumer Price Index since that CMP was last established or increased, whichever is more recent. To obtain the inflation-adjusted CMP maximums, we multiplied the current amount of each CMP maximum by the appropriate percentage inflation factor (as calculated above) to determine the preliminary increase amount, rounded the preliminary increase amount up or down according to the rounding requirements of the Act, and then added the rounded increase amount to the current penalty maximum. In some cases, application of the rounding rules resulted in zero increase and no change to a CMP maximum. 5 In addition, we are providing in this preamble two worksheets showing the calculations for each national bank CMP and each Federal savings association CMP (see below). These worksheets explain step-by-step how we calculated the inflation adjustment for each penalty. Accordingly, this rule replaces the CMP charts at §§ 19.240(a) and 109.103(c) with revised charts reflecting the maximum CMP amounts that will be in effect as of the effective date of this final rule. 5 For example, there is no inflation adjustment for the maximum penalty prescribed by 12 U.S.C. 164 for tier 2. The current amount of that penalty is $32,000. Because it was last adjusted in 2008, the appropriate percentage increase is 3.2 percent. The amount of the current penalty ($32,000) multiplied by 3.2 percent equals a preliminary increase of $1,024. The rounding rules specify that a penalty greater than $10,000 but less than or equal to $100,000 should be rounded to the nearest $5,000. In order to round up to $5,000, the preliminary increase would need to be at least $2,500, which it is not. Therefore, the maximum penalty is not being adjusted. Pursuant to § 100208 of the Biggert-Waters Flood Insurance Reform Act of 2012, 6 we are amending the maximum CMP prescribed in 42 U.S.C. 4012a(f)(5). 7 In that statute, Congress increased the maximum CMP per violation from $385 to $2,000 and eliminated the $135,000 cap on the total amount of penalties assessed against a single regulated lender in any calendar year. As a result of that amendment, this CMP is not subject to adjustment at this time. Accordingly, in the worksheets below and the amended charts at §§ 19.240(a) and 109.103(c), the maximum assessment of the penalty for violating 42 U.S.C. 4012a(f)(5) is the new maximum of $2,000 per violation. 6 Public Law 112-141, 126 Stat. 405 (July 6, 2012). 7 42 U.S.C. 4012a(f) requires the OCC to assess civil money penalties against a national bank or Federal savings association that is found to have a pattern or practice of committing certain violations of the Flood Disaster Protection Act. Finally, we are amending §§ 19.240(a) and 109.103(c), consistent with the statute, to state that the adjustments made in §§ 19.240(a) and 109.103(c) apply only to violations that occur after the effective date of this final rule. BILLING CODE 4810-33-P ER06NO12.000 ER06NO12.001 BILLING CODE 4810-33-C Procedural Issues Notice and Comment Procedure Under the Administrative Procedure Act (APA), an agency may dispense with public notice and an opportunity for comment if the agency finds, for good cause, that these procedural requirements are impracticable, unnecessary, or contrary to the public interest. 5 U.S.C. 553(b)(B). The Act provides the OCC no discretion in calculating the amount of the civil penalty adjustment. The OCC, accordingly, cannot vary the methodology used to calculate the adjustment or the amount of the adjustment to reflect any views or suggestions provided by commenters. For this reason, the OCC has concluded that notice and comment procedures are unnecessary and that good cause exists for dispensing with them. Delayed Effective Date The Riegle Community Development and Regulatory Improvement Act of 1994 (RCDRIA) requires that the effective date of new regulations and amendments to regulations that impose additional reporting, disclosures, or other new requirements on insured depository institutions shall be the first day of a calendar quarter that begins on or after the date the regulations are published in final form. *See* 12 U.S.C. 4802(b)(1). The RCDRIA does not apply to this final rule because the rule merely increases the amount of CMPs that already exist and does not impose any additional reporting, disclosures, or other new requirements. The APA generally requires an agency to publish a rule 30 days prior to its effective date. *See* 4 U.S.C. 553(d). This rule satisfies that requirement. Regulatory Flexibility Act The Regulatory Flexibility Act applies only 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). Because the OCC has determined for good cause that the APA does not require public notice and comment on this final rule, we are not publishing a general notice of proposed rulemaking. Thus, the Regulatory Flexibility Act does not apply to this final rule. Unfunded Mandates Reform Act of 1995 Section 202 of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1532, requires that an agency prepare a budgetary impact statement before promulgating any rule likely to result in 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 million or more, as adjusted for inflation, in any one year. The Unfunded Mandates Reform Act only applies when an agency issues a general notice of proposed rulemaking. Because we are not publishing a notice of proposed rulemaking, this final rule is not subject to section 2020 of the Unfunded Mandates Reform Act. List of Subjects 12 CFR Part 19 Administrative practice and procedure, Crime, Equal access to justice, Investigations, National banks, Penalties, Securities. 12 CFR Part 109 Administrative practice and procedure, Penalties. Authority and Issuance For the reasons set out in the preamble, parts 19 and 109 of chapter I of title 12 of the Code of Federal Regulations are amended as follows: PART 19—RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 19 continues to read as follows: Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 93(b), 93a, 164, 505, 1817, 1818, 1820, 1831m, 1831o, 1972, 3102, 3108(a), 3909, and 4717; 15 U.S.C. 78(h) and (i), 78o-4(c), 78o-5, 78q-1, 78s, 78u, 78u-2, 78u-3, and 78w; 28 U.S.C. 2461 note; 31 U.S.C. 330 and 5321; and 42 U.S.C. 4012a. 2. Section 19.240 is revised to read as follows: § 19.240 Inflation adjustments.

(a)The maximum amount of each civil money penalty within the OCC's jurisdiction is adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990 (28 U.S.C. 2461 note) as follows: ER06NO12.002

(b)The adjustments in paragraph

(a)of this section apply to violations that occur after December 6, 2012. PART 109—RULES OF PRACTICE AND PROCEDURE IN ADJUDICATORY PROCEEDINGS 3. The authority citation for part 109 continues to read as follows: Authority: 5 U.S.C. 504, 554-557; 12 U.S.C. 1464, 1467, 1467a, 1468, 1817(j), 1818, 1820(k), 1829(e), 3349, 4717, 5412(b)(2)(B); 15 U.S.C. 78( *l* ), 78o-5, 78u-2; 28 U.S.C. 2461 note; 31 U.S.C. 5321; and 42 U.S.C. 4012a. 4. Section 109.103(c) is amended by revising the last sentence of the introductory text and the chart to read as follows: § 109.103 Civil money penalties.

(c)* * * The amounts in this chart apply to violations that occur after December 6, 2012: ER06NO12.003 Dated: October 26, 2012. Thomas J. Curry, Comptroller of the Currency. [FR Doc. 2012-27074 Filed 11-5-12; 8:45 am]

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U.S. Code