Unknown. Interim final rule with request for public comment

4,215 words·~19 min read·/register/2016/06/14/2016-14031

A research copy — for the controlling text, always check the official state or federal source. Not legal advice.

--- schema: federal-register doc_type: fedreg source_file: FR-2016-06-14.xml --- 81 114 Tuesday, June 14, 2016 Contents Agricultural Marketing Agricultural Marketing Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38656-38657 2016-14007 Agriculture Agriculture Department See Agricultural Marketing Service See Animal and Plant Health Inspection Service See Food and Nutrition Service See Forest Service See Rural Utilities Service Animal Animal and Plant Health Inspection Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Importation of Live Swine, Pork and Pork Products, and Swine Semen from the European Union, 38657-38658 2016-14079 Army Army Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38691-38692 2016-13979 Consumer Financial Protection Bureau of Consumer Financial Protection RULES Civil Penalty Inflation Adjustments, 38569-38572 2016-14031 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38690-38691 2016-14024 2016-14025 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38705-38709 2016-13982 2016-14016 Delegations of Authority: Advisory Councils or Committees, 38707 2016-13995 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38709-38710 2016-13999 Coast Guard Coast Guard RULES Drawbridge Operations: Middle River, between Bacon Island and Lower Jones Tract, CA, 38595 2016-13987 Renaming of Sector Baltimore as Sector Maryland-National Capital Region;

Conforming Amendments, 38592-38595 2016-13983 Safety Zones: Coast Guard Sector Ohio Valley Annual and Recurring Safety Zones Update, 38595-38599 2016-14030 Ohio River mile 43.2 to mile 43.6, East Liverpool, OH, 38599-38601 2016-14027 PROPOSED RULES Safety Zones: Fourth of July Fireworks Patriots Point, Charleston, SC, 38638-38640 2016-13996 NOTICES Cooperative Research and Development Agreements: Diesel Outboard Engine Development, 38725-38726 2016-14074 Laser Eye Protection, 38726-38727 2016-14038 UAS Research with University of Massachusetts Amherst;

Limited Purpose, 38723-38725 2016-14073 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration See National Telecommunications and Information Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Process for a Swap Execution Facility or Designated Contract Market to Make a Swap Available to Trade, 38689-38690 2016-14029 Defense Department Defense Department See Army Department See Engineers Corps NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38692-38694 2016-13951 2016-13958 2016-13970 Energy Department Energy Department See Federal Energy Regulatory Commission PROPOSED RULES Chronic Beryllium Disease Prevention Program; Correction, 38610 2016-14020 NOTICES Meetings: Human Reliability Program, 38694-38695 2016-14019 Engineers Engineers Corps NOTICES Environmental Impact Statements; Availability, etc.: Lower Yellowstone Intake Diversion Dam Fish Passage Project, Dawson County, MT;

Meeting, 38694 2016-13883 Environmental Protection Environmental Protection Agency RULES Pesticide Tolerances: Chlorantraniliprole, 38601-38604 2016-13910 Clofentezine, 38604-38609 2016-13911 PROPOSED RULES Removal of Title V Emergency Affirmative Defense Provisions from State Operating Permit Programs and Federal Operating Permit Program, 38645-38655 2016-14104 Rescission of Preconstruction Permits Issued under the Clean Air Act, 38640-38645 2016-13303 NOTICES Air Pollution Control Cost Manual, 38702-38703 2016-14042 Pesticides:

Draft Guidance for Pesticide Registrants on the Determination of Minor Use, 38704-38705 2016-14037 Review of Waste Isolation Pilot Plant's Biennial Environmental Compliance Report for the Period 2012-2014, 38703-38704 2016-14095 Federal Aviation Federal Aviation Administration RULES Acceptance Criteria for Portable Oxygen Concentrators Used On Board Aircraft; Correction, 38572-38573 2016-13955 Airworthiness Directives: Airbus Airplanes, 38573-38580 2016-13856 2016-13857 Modification of VOR Federal Airways:

V-552, Mississippi, 38580-38581 2016-13938 NOTICES Land Use Changes and Releases of Grant Assurance Restrictions: Sacramento International Airport, Sacramento, CA, 38772 2016-14069 Petitions for Exemptions: Raytheon Space and Airborne Systems, 38771-38772 2016-13957 Federal Election Federal Election Commission NOTICES Meetings; Sunshine Act, 38705 2016-14077 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38696-38697 2016-13975 Applications:

Benton Falls Associates, New York LP; Benton Falls Associates, Maine LP, 38700 2016-13973 Erie Boulevard Hydropower, LP, 38700-38701 2016-13976 FirstLight Hydro Generating Co., 38699-38700 2016-13977 Combined Filings, 38695-38696, 38701-38702 2016-13959 2016-13980 Effectiveness of Exempt Wholesale Generator Status: Golden Fields Solar I, LLC, et al., 38699 2016-13981 Filings: Tektronix, Inc., 38696 2016-13974 License Transfer Applications: North Hartland, LLC, New Hampshire; North Hartland, LLC, Vermont, 38697 2016-13972 Meetings;

Sunshine Act, 38698-38699 2016-14145 Refund Effective Dates: Northampton Generating Co., LP, 38699 2016-13960 Federal Reserve Federal Reserve System PROPOSED RULES Capital Requirements for Supervised Institutions Significantly Engaged in Insurance Activities, 38631-38637 2016-14004 Enhanced Prudential Standards for Systemically Important Insurance Companies, 38610-38631 2016-14005 Food and Drug Food and Drug Administration NOTICES Guidance: Osteoporosis: Nonclinical Evaluation of Drugs Intended for Treatment, 38711-38712 2016-13988 Meetings:

Arthritis Advisory Committee, 38710-38711 2016-14017 Food and Nutrition Food and Nutrition Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Professional Standards Training Tracker Tool, 38658-38659 2016-14008 Forest Forest Service NOTICES Meetings: Chippewa National Forest Resource Advisory Committee, 38660 2016-13985 New Fee Site: Federal Lands Recreation Enhancement Act, 38659-38660 2016-13992 Geological Geological Survey NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 38732-38733 2016-14033 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Children and Families Administration See Food and Drug Administration See Indian Health Service See National Institutes of Health NOTICES Meetings: Health IT Policy Committee Advisory, 38713 2016-13998 Health IT Standards Committee Advisory, 38712-38713 2016-13997 Homeland Homeland Security Department See Coast Guard See U.S.

Customs and Border Protection Housing Housing and Urban Development Department RULES Continuum of Care Program: Increasing Mobility Options for Homeless Individuals and Families with Tenant-Based Rental Assistance, 38581-38585 2016-13684 NOTICES Neighborhood Stabilization Program: Changes to Closeout Requirements Related to Program Income, 38730-38732 2016-14062 Indian Affairs Indian Affairs Bureau RULES Grants to Tribal Colleges and Universities and Dine College, 38585-38592 2016-14094 Indian Child Welfare Act Proceedings, 38778-38876 2016-13686 NOTICES Proclaiming Certain Lands as Reservations:

Bay Mills Indian Community, 38733-38734 2016-14028 Indian Health Indian Health Service NOTICES Funding Availabilities: Urban Indian Education and Research Organization Cooperative Agreement Program, 38714-38723 2016-14043 Interior Interior Department See Geological Survey See Indian Affairs Bureau See National Park Service NOTICES Charter Renewals: Sport Fishing and Boating Partnership Council, 38734 2016-13986 Internal Revenue Internal Revenue Service PROPOSED RULES Consistent Basis Reporting Between Estate and Person Acquiring Property from Decedent;

Hearing, 38637-38638 2016-14010 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38774-38775 2016-14108 International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Aluminum Extrusions from the People's Republic of China, 38664-38670 2016-14046 Corrosion-Resistant Steel Products from India Japan, 38671 2016-14072 Diamond Sawblades and Parts Thereof from the People's Republic of China, 38673-38675 2016-14047 Narrow Woven Ribbon with Woven Selvedge from the People's Republic of China, 38671-38673 2016-14048 Preserved Mushrooms from India, 38663-38664 2016-14061 Pure Magnesium from the People's Republic of China, 38670-38671 2016-14059 International Trade Com International Trade Commission NOTICES Investigations;

Determinations, Modifications, and Rulings, etc.: Corrosion-Resistant Steel Products from Taiwan, 38735 2016-13978 L-Tryptophan, L-Tryptophan Products, and Their Methods of Production, 38735-38736 2016-14011 Millenium Millennium Challenge Corporation NOTICES Requests for Nominations: Millennium Challenge Corporation Advisory Council; Establishment, 38736-38737 2016-14075 National Credit National Credit Union Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38738 2016-13948 Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Supervisory Committee Audits and Verifications, 38737-38738 2016-13949 National Highway National Highway Traffic Safety Administration NOTICES Petitions for Decisions of Inconsequential Noncompliance: Volkswagen Group of America, Inc., 38772-38773 2016-14000 National Institute National Institutes of Health NOTICES Meetings: National Institute of Neurological Disorders and Stroke, 38723 2016-13931 National Oceanic National Oceanic and Atmospheric Administration NOTICES Marine Mammal Stock Assessment Reports, 38676-38689 2016-14015 Permits:

Endangered Species; File No. 19281, 38675-38676 2016-13969 National Park National Park Service NOTICES Inventory Completions: Office of the State Archaeologist, University of Iowa, Iowa City, IA, 38734-38735 2016-14014 National Telecommunications National Telecommunications and Information Administration NOTICES Requests for Nominations: Commerce Spectrum Management Advisory Committee, 38689 2016-13971 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Nondiscrimination on the Basis of Sex in Education Programs or Activities Receiving Federal Financial Assistance, 38738-38739 2016-14040 Environmental Assessments; Availability, etc.: United States Department of the Interior, United States Geological Survey TRIGA Research Reactor, 38739-38745 2016-14078 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 38745 2016-13943 2016-13944 Presidential Documents Presidential Documents ADMINISTRATIVE ORDERS Belarus;

Continuation of National Emergency (Notice of June 10, 2016), 38877-38879 2016-14224 Rural Utilities Rural Utilities Service NOTICES Application Deadlines: Guarantees for Bonds and Notes Issued for Electrification or Telephone Purposes Loan Program for Fiscal Year 2016, 38660-38663 2016-14009 Securities Securities and Exchange Commission NOTICES Applications: ETF Managers Group, LLC, et al., 38746-38747 2016-13967 Meetings; Sunshine Act, 38751 2016-14080 Self-Regulatory Organizations;

Proposed Rule Changes: C2 Options Exchange, Inc., 38753-38754 2016-13961 Chicago Board Options Exchange, Inc., 38758-38759 2016-13962 Miami International Securities Exchange, LLC, 38751-38753 2016-13966 NASDAQ Stock Market, LLC, 38755-38758 2016-13963 New York Stock Exchange, LLC, 38747-38751 2016-13964 NYSE Arca, Inc., 38759-38769 2016-13965 Small Business Small Business Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 38769-38771 2016-14012 2016-14013 2016-14018 Disaster Declarations:

Mississippi, 38771 2016-14023 Texas, 38770 2016-14026 Virginia, 38770 2016-14021 Transportation Department Transportation Department See Federal Aviation Administration See National Highway Traffic Safety Administration RULES Acceptance Criteria for Portable Oxygen Concentrators Used On Board Aircraft; Correction, 38572-38573 2016-13955 NOTICES Meetings: Port Performance Freight Statistics Working Group, 38773-38774 2016-13991 Treasury Treasury Department See Internal Revenue Service Customs U.S.

Customs and Border Protection NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Application to Use the Automated Commercial Environment, 38727-38728 2016-14003 Declaration for Free Entry of Unaccompanied Articles, 38728-38729 2016-14001 Request for Information, 38729-38730 2016-14002 Separate Parts In This Issue Part II Interior Department, Indian Affairs Bureau, 38778-38876 2016-13686 Part III Presidential Documents, 38877-38879 2016-14224 Reader Aids Consult the Reader Aids section at the end of this issue for phone numbers, online resources, finding aids, 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. 81 114 Tuesday, June 14, 2016 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1083 [Docket No.: CFPB-2016-0028] RIN 3170-AA62 Civil Penalty Inflation Adjustments AGENCY: Bureau of Consumer Financial Protection.

ACTION: Interim final rule with request for public comment. SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is publishing for public comment an interim final rule to adjust the civil monetary penalties within the Bureau's jurisdiction for inflation, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment Act or the Act), as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act).

DATES: This rule is effective on July 14, 2016. Comments must be received on or before July 14, 2016. ADDRESSES: You may submit comments, identified by Docket No. CFPB-2016-0028 or RIN 3170-AA62, by any of the following methods: • *Email: FederalRegisterComments @cfpb.gov.* Include Docket No. CFPB-2016-0028 or RIN 3170-AA62 in the subject line of the email. • *Electronic: http://www.regulations.gov.* Follow the instructions for submitting comments. • *Mail:* Monica Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552. • *Hand Delivery/Courier:* Monica Jackson, Office of the Executive Secretary, Consumer Financial Protection Bureau, 1275 First Street NE., Washington, DC 20002. *Instructions:* All submissions should include the agency name and docket number or Regulatory Information Number

(RIN)for this rulemaking. Because paper mail in the Washington, DC area and at the Bureau is subject to delay, commenters are encouraged to submit comments electronically. In general, all comments received will be posted without change to *http://www.regulations.gov.* In addition, comments will be available for public inspection and copying at 1275 First Street NE., Washington, DC 20002, on official business days between the hours of 10 a.m. and 5 p.m. eastern time. You can make an appointment to inspect the documents by telephoning

(202)435-7275. All comments, including attachments and other supporting materials, will become part of the public record and subject to public disclosure. Sensitive personal information, such as account numbers or Social Security numbers, should not be included. Comments generally will not be edited to remove any identifying or contact information. FOR FURTHER INFORMATION CONTACT: Kristin Bateman, Counsel, Legal Division, Consumer Financial Protection Bureau, at

(202)435-7700. SUPPLEMENTARY INFORMATION: I. Background The Inflation Adjustment Act, as amended by the 2015 Act, requires Federal agencies to adjust the civil penalty amounts within their jurisdiction for inflation by July 1, 2016, and then by January 15 every year thereafter. 1 Agencies must make the initial 2016 adjustments through an interim final rulemaking published in the **Federal Register** . 2 Under the amended Act, any increase in a civil penalty made under the Act will apply to penalties assessed after the increase takes effect, including penalties whose associated violation predated the increase. 3 The inflation adjustments mandated by the Act serve to maintain the deterrent effect of civil penalties and to promote compliance with the law. 1 *See* 28 U.S.C. 2461 note. 2 The statute also provides that, for the initial 2016 adjustment, an agency may adjust a civil penalty by less than the otherwise required amount if

(1)it determines, after publishing a notice of proposed rulemaking and providing an opportunity for comment, that increasing the civil penalty by the otherwise required amount would have a negative economic impact or that the social costs of increasing the civil penalty by the otherwise required amount outweigh the benefits, and

(2)the Director of the Office of Management and Budget concurs with that determination. Inflation Adjustment Act section 4(c), *codified at* 28 U.S.C. 2461 note. The Bureau has chosen not to make use of this exception. 3 Inflation Adjustment Act section 6, *codified at* 28 U.S.C. 2461 note. II. Method of Calculation The Inflation Adjustment Act prescribes a specific method for calculating the inflation adjustments. 4 As amended by the 2015 Act, the Act provides that the maximum (and minimum, if applicable) amounts for each civil penalty must be increased by the “cost-of-living adjustment,” a term that the Act defines. For purposes of the initial adjustments that agencies must make by July 1, 2016, the “cost-of-living adjustment” is defined as the percentage increase in the Consumer Price Index between

(1)October of the calendar year during which the civil penalty amount was established or adjusted under a provision of law other than the Inflation Adjustment Act and

(2)October 2015. The Consumer Price Index to be used for purposes of this calculation is the Consumer Price Index for all urban consumers (CPI-U) published by the Department of Labor. 5 The Office of Management and Budget

(OMB)has published guidance for implementing this requirement. 6 OMB's guidance memorandum provides multipliers that agencies should use to adjust penalty amounts based on the year the penalty was established or last adjusted under authority other than the Inflation Adjustment Act. 4 Inflation Adjustment Act section 5, *codified* at 28 U.S.C. 2461 note. 5 U.S. Dep't of Labor, Bureau of Labor Statistics, CPI Tables, *http://www.bls.gov/cpi/#tables.* 6 Memorandum from Shaun Donovan, Director, Office of Management and Budget, to the Heads of Executive Departments and Agencies (Feb. 24, 2016), *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf.* To determine the new penalty amount, the agency must apply the multiplier reflecting the “cost-of-living adjustment” 7 to the penalty amount as it was most recently established or adjusted under a provision of law other than the Inflation Adjustment Act. The agency must then round that amount to the nearest dollar. 8 The increase made by this initial adjustment may not exceed 150 percent of the penalty amount in effect on the date the 2015 Act was enacted, November 2, 2015. 7 The multipliers reflecting the “cost-of-living adjustment” that OMB provides are rounded to five decimal places. The Bureau has used the OMB multipliers in calculating its civil penalty adjustments. 8 In rounding to the nearest dollar, the Bureau has rounded down where the digit immediately following the decimal point is less than 5 and has rounded up where the digit immediately following the decimal point is 5 or greater. III. Description of the Interim Final Rule This interim final rule establishes the inflation-adjusted maximum amounts for each civil penalty within the Bureau's jurisdiction. The following table lists the civil penalties within the Bureau's jurisdiction and summarizes the relevant information needed to calculate the inflation adjustments pursuant to the statutory method. Law Penalty description Penalty amount as established or last adjusted under a provision other than the inflation adjustment act Year penalty established or last adjusted under a provision other than the inflation adjustment act Penalty amount in effect on November 2, 2015 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(A) Tier 1 penalty $5,000 9 2010 10 $5,000 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(B) Tier 2 penalty 25,000 11 2010 12 25,000 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(C) Tier 3 penalty 1,000,000 13 2010 14 1,000,000 Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1717a(a)(2) Per violation 1,000 15 1989 16 1,000 Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1717a(a)(2) Annual cap 1,000,000 17 1989 18 1,000,000 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(1) Per failure 50 19 1990 20 50 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(1) Annual cap 100,000 21 1990 22 100,000 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(2)(A) Per failure, where intentional 100 23 1990 24 100 SAFE Act, 12 U.S.C. 5113(d)(2) Per violation 25,000 25 2008 26 25,000 Truth in Lending Act, 15 U.S.C. 1639e(k)(1) First violation 10,000 27 2010 28 10,000 Truth in Lending Act, 15 U.S.C. 1639e(k)(2) Subsequent violations 20,000 29 2010 30 20,000 9 Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, section 1055(c)(2)(A), 124 Stat. 1376, 2030 (2010). 10 12 U.S.C. 5565(c)(2)(A) (2015). 11 Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, section 1055(c)(2)(B), 124 Stat. 1376, 2030 (2010). 12 12 U.S.C. 5565(c)(2)(B) (2015). 13 Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, section 1055(c)(2)(C), 124 Stat. 1376, 2030 (2010). 14 12 U.S.C. 5565(c)(2)(C) (2015). 15 Department of Housing and Urban Development Reform Act, Public Law 101-235, section 111, 103 Stat. 1987, 2014 (1989). 16 15 U.S.C. 1717a(a)(2) (2015). 17 Department of Housing and Urban Development Reform Act, Public Law 101-235, section 111, 103 Stat. 1987, 2014 (1989). 18 15 U.S.C. 1717a(a)(2) (2015). 19 Cranston-Gonzalez National Affordable Housing Act, Public Law 101-625, section 942(a)(2), 104 Stat. 4079, 4412 (1990). 20 12 U.S.C. 2609(d)(1) (2015). 21 Cranston-Gonzalez National Affordable Housing Act, Public Law 101-625, section 942(a)(2), 104 Stat. 4079, 4412 (1990). 22 12 U.S.C. 2609(d)(1) (2015). 23 Cranston-Gonzalez National Affordable Housing Act, Public Law 101-625, section 942(a)(2), 104 Stat. 4079, 4412 (1990). 24 12 U.S.C. 2609(d)(2)(A) (2015). 25 Housing and Economic Recovery Act of 2008, Public Law 110-289, section 1514(d)(2), 122 Stat. 2654, 2823 (2008). 26 12 U.S.C. 5113(d)(2) (2015). 27 Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, section 1472(a), 124 Stat. 1376, 2189 (2010). 28 15 U.S.C. 1639e(k)(1) (2015). 29 Dodd-Frank Wall Street Reform and Consumer Protection Act, Public Law 111-203, section 1472(a), 124 Stat. 1376, 2190 (2010). 30 15 U.S.C. 1639e(k)(2) (2015). The Bureau followed the procedure outlined above in part II to calculate the adjusted civil penalty amounts. In accordance with the statutory requirements and OMB guidance, the Bureau multiplied each penalty amount as established or last adjusted under a provision other than the Inflation Adjustment Act by the OMB multiplier corresponding to the appropriate year, and then rounded that amount to the nearest dollar, to calculate the new, inflation-adjusted civil penalty amount. The Bureau then confirmed that the amount by which each civil penalty increased did not exceed 150 percent of the corresponding civil penalty level in effect on November 2, 2015. None of the increases exceeded this 150-percent threshold. The following chart summarizes the results of these calculations: Law Penalty description Penalty amount as established or last adjusted under a provision other than the inflation adjustment act Year penalty established or last adjusted under a provision other than the inflation adjustment act OMB “cost-of-living adjustment” multiplier New penalty amount Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(A) Tier 1 penalty $5,000 2010 1.08745 $5,437 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(B) Tier 2 penalty 25,000 2010 1.08745 27,186 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(C) Tier 3 penalty 1,000,000 2010 1.08745 1,087,450 Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1717a(a)(2) Per violation 1,000 1989 1.89361 1,894 Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1717a(a)(2) Annual cap 1,000,000 1989 1.89361 1,893,610 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(1) Per failure 50 1990 1.78156 89 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(1) Annual cap 100,000 1990 1.78156 178,156 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(2)(A) Per failure, where intentional 100 1990 1.78156 178 SAFE Act, 12 U.S.C. 5113(d)(2) Per violation 25,000 2008 1.09819 27,455 Truth in Lending Act, 15 U.S.C. 1639e(k)(1) First violation 10,000 2010 1.08745 10,875 Truth in Lending Act, 15 U.S.C. 1639e(k)(2) Subsequent violations 20,000 2010 1.08745 21,749 This rule codifies these civil penalty amounts by adding new part 1083 to title 12 of the CFR and new § 1083.1 therein. IV. Legal Authority and Effective Date The Bureau issues this rule under the Federal Civil Penalties Inflation Adjustment Act of 1990, 31 as amended by the Debt Collection Improvement Act of 1996, 32 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 33 which requires the Bureau to adjust the civil penalties within its jurisdiction for inflation according to a statutorily prescribed formula. 31 Public Law 101-410, 104 Stat. 890 (1990). 32 Public Law 104-134, section 31001(s)(1), 110 Stat. 1321, 1321-373 (1996). 33 Public Law 114-74, section 701, 129 Stat. 584, 599 (2015). The Administrative Procedure Act

(APA)generally requires an agency to publish a rule at least 30 days before its effective date. 34 This rule satisfies that requirement. 34 *See* 5 U.S.C. 553(d). V. Request for Comment Although notice and comment rulemaking procedures are not required, the Bureau invites comments on this notice. Commenters are specifically encouraged to identify any technical issues raised by the rule. VI. Regulatory Requirements Notice and Comment Under the APA, notice and opportunity for public comment are not required if the Bureau finds that notice and public comment are impracticable, unnecessary, or contrary to the public interest. 35 This interim final rule adjusts the civil penalty amounts within the Bureau's jurisdiction for inflation, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The amendments in this interim final rule are technical, and they merely apply the statutory method for adjusting civil penalty amounts. For these reasons, the Bureau has determined that publishing a notice of proposed rulemaking and providing opportunity for public comment are unnecessary. Moreover, the statute expressly requires the Bureau to make these initial adjustments through an interim final rulemaking to be published by July 1, 2016, 36 and OMB's guidance confirms that agencies need not complete a notice-and-comment process before promulgating the rule. 37 Therefore, the amendments are adopted in final form. 35 5 U.S.C. 553(b)(B). 36 Inflation Adjustment Act, section 4(b)(1)(A), *codified at* 28 U.S.C. 2461 note. 37 Memorandum from Shaun Donovan, Director, Office of Management and Budget, to the Heads of Executive Departments and Agencies 3 (Feb. 24, 2016), *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2016/m-16-06.pdf.* Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis. 38 38 5 U.S.C. 603(a), 604(a). Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, 39 the Bureau reviewed this interim final rule. No collections of information pursuant to the Paperwork Reduction Act are contained in the interim final rule. 39 44 U.S.C. 3506; 5 CFR 1320. List of Subjects in 12 CFR Part 1083 Administrative practice and procedure, Consumer protection, Penalties. Authority and Issuance For the reasons set forth in the preamble, the Bureau adds part 1083 to chapter X in title 12 of the Code of Federal Regulations to read as set forth below: PART 1083—CIVIL PENALTY ADJUSTMENTS Sec. 1083.1 Adjustments of civil penalty amounts. Authority: 12 U.S.C. 2609(d); 12 U.S.C. 5113(d)(2); 12 U.S.C. 5565(c); 15 U.S.C. 1639e(k); 15 U.S.C. 1717a(a); 28 U.S.C. 2461 note. § 1083.1 Adjustments of civil penalty amounts.

(a)The maximum amount of each civil penalty within the jurisdiction of the Consumer Financial Protection Bureau to impose is adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, (28 U.S.C. 2461 note) as follows: U.S. code citation Civil penalty description Adjusted maximum civil penalty amount 12 U.S.C. 5565(c)(2)(A) Tier 1 penalty $5,437 12 U.S.C. 5565(c)(2)(B) Tier 2 penalty 27,186 12 U.S.C. 5565(c)(2)(C) Tier 3 penalty 1,087,450 15 U.S.C. 1717a(a)(2) Per violation 1,894 15 U.S.C. 1717a(a)(2) Annual cap 1,893,610 12 U.S.C. 2609(d)(1) Per failure 89 12 U.S.C. 2609(d)(1) Annual cap 178,156 12 U.S.C. 2609(d)(2)(A) Per failure, where intentional 178 12 U.S.C. 5113(d)(2) Per violation 27,455 15 U.S.C. 1639e(k)(1) First violation 10,875 15 U.S.C. 1639e(k)(2) Subsequent violations 21,749

(b)The adjustments in paragraph

(a)of this section shall apply to civil penalties assessed after July 14, 2016, regardless of when the violation for which the penalty is assessed occurred. Dated: June 7, 2016. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2016-14031 Filed 6-13-16; 8:45 am]

Connectionstraces to 11

Traces to 11 documents

U.S. Code