Unknown. Final rule

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--- schema: federal-register doc_type: fedreg source_file: FR-2017-01-12.xml --- 82 8 Thursday, January 12, 2017 Contents Agency Health Agency for Healthcare Research and Quality NOTICES Requests for Information: Healthcare Delivery Organizations, 3796-3797 2017-00548 Agriculture Agriculture Department See Forest Service Consumer Financial Protection Bureau of Consumer Financial Protection RULES Civil Penalty Inflation Adjustments, 3601-3603 2017-00521 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Monthly Retail Surveys, 3717-3719 2017-00525 Centers Medicare Centers for Medicare & Medicaid Services PROPOSED RULES Medicare Program: Establishment of Special Payment Provisions and Requirements for Qualified Practitioners and Qualified Suppliers of Prosthetics and Custom Fabricated Orthotics, 3678-3694 2017-00425 Children Children and Families Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Health Profession Opportunity Grant Program, 3797-3798 2017-00570 Civil Rights Civil Rights Commission NOTICES Meetings: Nevada State Advisory Committee, 3717 2017-00530 Virginia Advisory Committee, 3716-3717 2017-00542 Coast Guard Coast Guard RULES Security Zones: Potomac River and Anacostia River, and Adjacent Waters; Washington, DC, 3625-3626 2017-00251 Commerce Commerce Department See Census Bureau See Economic Development Administration See International Trade Administration See National Oceanic and Atmospheric Administration See Patent and Trademark Office NOTICES Privacy Act;

Systems of Records, 3719-3724 2017-00495 2017-00494 Corporation Corporation for National and Community Service NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3759 2017-00569 Defense Acquisition Defense Acquisition Regulations System NOTICES Early Engagement Opportunity: Implementation of National Defense Authorization Act for FY 2017, 3759-3760 2017-00571 Defense Department Defense Department See Defense Acquisition Regulations System See Navy Department NOTICES Meetings:

Board of Regents, Uniformed Services University of the Health Sciences, 3760 2017-00524 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance Eligibility; Petitions, 3724-3725 2017-00535 Energy Department Energy Department See Energy Information Administration See Federal Energy Regulatory Commission NOTICES Export and Import Liquefied Natural Gas; Authorizations: Constellation Energy Services, Inc., et al., 3762-3764 2017-00528 Export Liquefied Natural Gas;

Applications: Driftwood LNG, LLC, 3760-3762 2017-00531 Energy Information Energy Information Administration NOTICES CIPSEA Confidentiality Pledge Revision, 3764-3765 2016-31974 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alabama; Infrastructure Requirements for the 2010 Sulfur Dioxide National Ambient Air Quality Standard, 3637-3639 2017-00159 Tennessee; Infrastructure Requirements for the 2010 NO2 NAAQS, 3639-3641 2017-00161 Chemical Substances When Manufactured or Processed as Nanoscale Materials:

TSCA Reporting and Recordkeeping Requirements, 3641-3655 2017-00052 Civil Monetary Penalty Inflation Adjustment Rule, 3633-3637 2017-00160 NOTICES Meetings: Children's Health Protection Advisory Committee, 3790-3791 2017-00547 Federal Aviation Federal Aviation Administration RULES Hazardous Materials: Amended Emergency Restriction/Prohibition Order, 3606-3609 2017-00555 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures: Miscellaneous Amendments, 3603-3606 2017-00293 2017-00295 NOTICES Environmental Assessments;

Availability, etc.: Issuing a License to LauncherOne, LLC for LauncherOne Launches at the Mojave Air and Space Port, Kern County, CA, 3841-3842 2017-00549 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3791-3793 2017-00478 Federal Emergency Federal Emergency Management Agency PROPOSED RULES Establishing a Deductible for Public Assistance Program, 4064-4097 2017-00467 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 3766, 3789 2017-00563 2017-00564 Complaints:

Advanced Energy Management Alliance v. PJM Interconnection, L.L.C., 3790 2017-00565 Environmental Assessments; Availability, etc.: Grand River Dam Authority, 3766-3788 2017-00566 Hydroelectric Applications: PacifiCorp Energy, 3789-3790 2017-00561 Meetings: Birch Power Co., 3766 2017-00562 Petitions for Waivers: QEP Field Services, LLC, 3765-3766 2017-00560 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 3793 2017-00471 Federal Motor Federal Motor Carrier Safety Administration NOTICES Qualification of Drivers;

Exemption Applications: Diabetes, 3843-3845 2017-00516 Diabetes Mellitus, 3845-3851 2017-00519 Epilepsy and Seizure Disorders, 3842-3843 2017-00518 Federal Reserve Federal Reserve System NOTICES Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 3793-3794 2017-00543 Fish Fish and Wildlife Service NOTICES Environmental Assessments; Availability, etc.: Comprehensive Conservation Plan, Plum Tree Island National Wildlife Refuge, Poquoson, VA, 3800-3802 2017-00314 Food and Drug Food and Drug Administration RULES Microbiology Devices:

Reclassification of Influenza Virus Antigen Detection Test Systems Intended for Use Directly With Clinical Specimens, 3609-3619 2017-00199 NOTICES Meetings: Joint Meeting of the Ophthalmic Devices Panel of the Medical Devices Advisory Committee and the Risk Communication Advisory Committee, 3798-3799 2017-00496 Vaccines and Related Biological Products Advisory Committee, 3799 2017-00476 Foreign Claims Foreign Claims Settlement Commission NOTICES Meetings; Sunshine Act, 3809 2017-00717 Forest Forest Service NOTICES Meetings:

National Urban and Community Forestry Advisory Council, 3716 2017-00485 General Services General Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Alliant2 Greenhouse Gas Disclosure, 3794-3796 2017-00483 USA.gov and All Related Subdomains, 3794 2017-00482 Government Accountability Government Accountability Office NOTICES Requests for Nominations: Medicaid and CHIP Payment and Access Commission, 3796 2017-00044 Health and Human Health and Human Services Department See Agency for Healthcare Research and Quality See Centers for Medicare & Medicaid Services See Children and Families Administration See Food and Drug Administration See Inspector General Office, Health and Human Services Department See National Institutes of Health See Substance Abuse and Mental Health Services Administration Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency Housing Housing and Urban Development Department RULES Freedom of Information Act;

Revisions, 3619-3623 2017-00178 Narrowing the Digital Divide Through Installation of Broadband Infrastructure in HUD-Funded New Construction and Substantial Rehabilitation of Multifamily Rental Housing; Correction, 3623 2017-00167 Inspector General Health Inspector General Office, Health and Human Services Department RULES Health Care Programs: Fraud and Abuse; Revisions to the Office of Inspector General's Exclusion Authorities, 4100-4118 2016-31390 Interior Interior Department See Fish and Wildlife Service See National Park Service International Trade Adm International Trade Administration NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Request for Duty-Free Entry of Scientific Instrument or Apparatus, 3725 2017-00470 Justice Department Justice Department See Foreign Claims Settlement Commission NOTICES Proposed Consent Decrees: CERCLA, 3809 2017-00489 National Highway National Highway Traffic Safety Administration PROPOSED RULES Federal Motor Vehicle Safety Standards: V2V Communications, 3854-4019 2016-31059 National Institute National Institutes of Health NOTICES Meetings:

National Institute of Allergy and Infectious Diseases, 3799-3800 2017-00477 National Oceanic National Oceanic and Atmospheric Administration RULES Fisheries of the Northeastern United States: Northeast Multispecies Fishery; Georges Bank Cod Trimester Total Allowable Catch Area Closure and Possession Prohibition for the Common Pool Fishery, 3676 2017-00484 List of Fisheries for 2017, 3655-3676 2017-00250 PROPOSED RULES Endangered and Threatened Species: 12-Month Finding on a Petition to List Giant and Reef Manta Rays as Threatened or Endangered Under the Endangered Species Act, 3694-3715 2017-00370 NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Alaska Region Crab Permits, 3726-3727 2017-00557 Endangered and Threatened Wildlife and Plants: Alabama Shad; 12-Month Finding on Petition to List, 4022-4061 2017-00372 Meetings: Council Coordination Committee, 3725-3726 2017-00558 Gulf of Mexico Fishery Management Council, 3737-3738 2017-00486 Permit Applications: Marine Mammals; File Nos. 18059 and 19655, 3727 2017-00472 Special Use Permits: Two New Categories Related to the Operation of Desalination Facilities Producing Potable Water for Consumption, 3751-3758 2017-00515 Takes of Marine Mammals Incidental to Specified Activities:

Rocky Intertidal Monitoring Surveys along the Oregon and California Coasts, 3727-3737 2017-00397 Takes of Marine Mammals: Seabird and Shorebird Monitoring and Research at the Eastern Massachusetts National Wildlife Refuge Complex, MA, 3738-3751 2017-00540 National Park National Park Service RULES Subsistence Collections: Alaska, 3626-3633 2016-32045 NOTICES Inventory Completions: Department of Defense, Defense Health Agency, National Museum of Health and Medicine, Silver Spring, MD, 3804-3805 2017-00511 International Boundary and Water Commission, U.S.

Section, El Paso, TX, and the Texas Archeological Research Laboratory, Austin, TX, 3802-3804 2017-00508 Metroparks of the Toledo Area, Toledo, OH, 3807-3809 2017-00509 Texas Archeological Research Laboratory, Austin, TX; Withdrawal, 3805 2017-00507 Repatriation of Cultural Items: Arizona State Museum, University of Arizona, Tucson, AZ, 3805-3806 2017-00510 Denver Museum of Nature & Science, Denver, CO, 3806-3807 2017-00512 National Science National Science Foundation NOTICES Antarctic Conservation Act Permit Applications, 3809-3810 2017-00487 Draft Smart Cities and Communities Federal Strategic Plan—Exploring Innovation Together, 3810-3811 2017-00501 Navy Navy Department RULES International Regulations for Preventing Collisions at Sea;

Certifications and Exemptions, 3623-3625 2016-31873 Nuclear Regulatory Nuclear Regulatory Commission NOTICES Environmental Assessments; Availability, etc.: Department of the Army, U.S. Army Research, Development and Engineering Command, Armament Research, Development and Engineering Center, Picatinny Arsenal; Picatinny, NJ, 3816-3819 2017-00526 License Renewals: Rhode Island Atomic Energy Commission, 3811-3812 2017-00527 University of Missouri—Columbia Research Reactor, 3814-3816 2017-00523 Permit Application:

Tennessee Valley Authority; Clinch River Nuclear Site, 3812-3814 2017-00529 Overseas Overseas Private Investment Corporation NOTICES Meetings; Sunshine Act, 3819-3820 2017-00600 Patent Patent and Trademark Office NOTICES Continuation of the Accelerated Examination Program, 3758-3759 2017-00568 Personnel Personnel Management Office PROPOSED RULES Prevailing Rate Systems: Redefinition of Certain Nonappropriated Fund Federal Wage System Wage Areas, 3677-3678 2017-00577 NOTICES Excepted Service, 3820-3824 2017-00576 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 3837-3838 2017-00469 Self-Regulatory Organizations; Proposed Rule Changes: Financial Industry Regulatory Authority, Inc., 3824-3825 2017-00493 ICE Clear Credit, LLC, 3831-3837 2017-00491 NASDAQ PHLX, LLC, 3826-3828 2017-00492 New York Stock Exchange, LLC, 3828-3831 2017-00490 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 3838-3840 2017-00500 State Department State Department PROPOSED RULES Exchange Visitor Program—Summer Work Travel, 4120-4147 2017-00107 NOTICES Designations as Global Terrorists:

Alexanda Amon Kotey, aka Alexanda Kotey, aka Allexanda Kotey, aka Alexander Kotey, aka Alexe Kotey, aka Alex Kotey, aka Abu Salih, aka Abu-Salih al-Baritani, 3841 2017-00545 Mustafa Mughniyeh, aka Mustafa Mughniyah, 3840-3841 2017-00544 Substance Substance Abuse and Mental Health Services Administration NOTICES Meetings: Advisory Committee for Women's Services, 3800 2017-00520 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See National Highway Traffic Safety Administration Treasury Treasury Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 3851-3852 2017-00504 Meetings: Debt Management Advisory Committee, 3852 2017-00318 Separate Parts In This Issue Part II Transportation Department, National Highway Traffic Safety Administration, 3854-4019 2016-31059 Part III Commerce Department, National Oceanic and Atmospheric Administration, 4022-4061 2017-00372 Part IV Homeland Security Department, Federal Emergency Management Agency, 4064-4097 2017-00467 Part V Health and Human Services Department, Inspector General Office, Health and Human Services Department, 4100-4118 2016-31390 Part VI State Department, 4120-4147 2017-00107 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 electronic mailing list, go to https://public.govdelivery.com/accounts/USGPOOFR/subscriber/new, enter your e-mail address, then follow the instructions to join, leave, or manage your subscription. 82 8 Thursday, January 12, 2017 Rules and Regulations BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1083 Civil Penalty Inflation Adjustments AGENCY: Bureau of Consumer Financial Protection. ACTION: Final rule. SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is adjusting for inflation the maximum amount of each civil penalty within the Bureau's jurisdiction.

These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment 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. The inflation adjustments mandated by the Inflation Adjustment Act serve to maintain the deterrent effect of civil penalties and to promote compliance with the law. DATES: This final rule is effective January 15, 2017.

FOR FURTHER INFORMATION CONTACT: Jaclyn Maier, Counsel, Office of Regulations, Consumer Financial Protection Bureau, 1700 G Street NW., Washington, DC 20552, at

(202)435-7700. SUPPLEMENTARY INFORMATION: I. Background The Inflation Adjustment Act, 1 as amended by the Debt Collection Improvement Act of 1996 2 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 3 directs Federal agencies to adjust for inflation the civil penalty amounts within their jurisdiction not later than July 1, 2016, and then not later than January 15 every year thereafter. 4 28 U.S.C. 2461 note. Each agency was required to make the 2016 one-time catch-up adjustments through an interim final rule published in the **Federal Register** . On June 14, 2016, the Bureau published its interim final rule to make the initial catch-up adjustments to civil penalties within the Bureau's jurisdiction. 5 The June 2016 interim final rule created a new part 1083 and in § 1083.1 established the inflation-adjusted maximum amounts for each civil penalty within the Bureau's jurisdiction. 6 The Inflation Adjustment Act also requires subsequent adjustments to be made annually, not later than January 15, and notwithstanding section 553 of the Administrative Procedure Act (APA). 7 1 Public Law 101-410, 104 Stat. 890. 2 Public Law 104-134, section 31001(s)(1), 110 Stat. 1321, 1321-373. 3 Public Law 114-74, section 701, 129 Stat. 584, 599. 4 Section 1301(a) of the Federal Reports Elimination Act of 1998, Public Law 105-362, 112 Stat. 3293, also amended the Inflation Adjustment Act by striking section 6, which contained annual reporting requirements, and redesignating section 7 as section 6, but did not alter the civil penalty adjustment requirements. 5 81 FR 38569 (June 14, 2016). Although the Bureau was not obligated to solicit comments for the interim final rule, the Bureau invited public comment and received none. 6 *See* 12 CFR 1083.1. 7 Inflation Adjustment Act section 4, *codified* at 28 U.S.C. 2461 note. Specifically, Federal agencies are directed to adjust annually each civil penalty provided by law within the jurisdiction of the agency by the “cost-of-living adjustment.” 8 For annual adjustments after the initial catch up adjustments, the “cost-of-living adjustment” is defined as the percentage (if any) by which the Consumer Price Index for All Urban Consumers (CPI-U) for the month of October preceding the date of the adjustment, exceeds the CPI-U for October of the prior year. 9 The Director of the Office of Management and Budget

(OMB)is required to issue guidance (OMB Guidance) to agencies on implementing the annual civil penalty inflation adjustments by December 15, 2016, and December 15 every subsequent year. 10 Pursuant to the Inflation Adjustment Act and OMB Guidance, agencies must apply the multiplier reflecting the “cost-of-living adjustment” to the current penalty amount and then round that amount to the nearest dollar to determine the annual adjustments. 11 8 Inflation Adjustment Act sections 4 and 5, *codified* at 28 U.S.C. 2461 note. 9 Inflation Adjustment Act sections 3 and 5, *codified* at 28 U.S.C. 2461 note. 10 Memorandum from Shaun Donovan, Director, Office of Management and Budget, to the Heads of Executive Departments and Agencies (Dec. 16, 2016), *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.* 11 Inflation Adjustment Act section 5, *codified* at 28 U.S.C. 2461 note; Memorandum from Shaun Donovan, Director, Office of Management and Budget, to the Heads of Executive Departments and Agencies (Dec. 16, 2016), *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.* For the 2017 annual adjustment, the multiplier reflecting the “cost-of-living adjustment” is 1.01636. 12 Pursuant to the Inflation Adjustment Act and OMB Guidance, the Bureau multiplied each of its civil penalty amounts by the “cost-of-living adjustment” multiplier and rounded to the nearest dollar. 13 12 Memorandum from Shaun Donovan, Director, Office of Management and Budget, to the Heads of Executive Departments and Agencies (Dec. 16, 2016), *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.* The multiplier reflecting the “cost-of-living adjustment” that OMB provides is rounded to five decimal places. 13 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. The new penalty amounts that apply to civil penalties assessed after January 15, 2017 are as follows: Law Penalty description Penalty amounts established under June 2016 interim final rule OMB “Cost-of-living adjustment” multiplier New penalty amount Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(A) Tier 1 penalty $5,437 1.01636 $5,526 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(B) Tier 2 penalty 27,186 1.01636 27,631 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(C) Tier 3 penalty 1,087,450 1.01636 1,105,241 Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1717a(a)(2) Per violation 1,894 1.01636 1,925 Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1717a(a)(2) Annual cap 1,893,610 1.01636 1,924,589 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(1) Per failure 89 1.01636 90 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(1) Annual cap 178,156 1.01636 181,071 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(2)(A) Per failure, where intentional 178 1.01636 181 SAFE Act, 12 U.S.C. 5113(d)(2) Per violation 27,455 1.01636 27,904 Truth in Lending Act, 15 U.S.C. 1639e(k)(1) First violation 10,875 1.01636 11,053 Truth in Lending Act, 15 U.S.C. 1639e(k)(2) Subsequent violations 21,749 1.01636 22,105 II. Legal Authority The Bureau issues this final rule under the Inflation Adjustment Act, 14 as amended by the Debt Collection Improvement Act of 1996 15 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, 16 which requires the Bureau to adjust for inflation the civil penalties within its jurisdiction according to a statutorily prescribed formula. 14 Public Law 101-410, 104 Stat. 890. 15 Public Law 104-134, section 31001(s)(1), 110 Stat. 1321, 1321-373. 16 Public Law 114-74, section 701, 129 Stat. 584, 599. III. Procedural Requirements A. Administrative Procedure Act 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. 17 Pursuant to this final rule, § 1083.1 is amended to update the civil penalty amounts. The 2017 adjustments to the civil penalty amounts are technical and non-discretionary, and they merely apply the statutory method for adjusting civil penalty amounts. These adjustments are required by the Inflation Adjustment Act. Moreover, the Inflation Adjustment Act directs agencies to adjust the civil penalties annually notwithstanding section 553 of the APA, 18 and OMB Guidance reaffirms that agencies need not complete a notice-and-comment process before making the annual adjustments for inflation. 19 For these reasons, the Bureau has determined that publishing a notice of proposed rulemaking and providing opportunity for public comment are unnecessary. Therefore, the amendment is adopted in final form. 17 5 U.S.C. 553(b)(B). 18 Inflation Adjustment Act section 4, *codified* at 28 U.S.C. 2461 note. 19 Memorandum from Shaun Donovan, Director, Office of Management and Budget, to the Heads of Executive Departments and Agencies (Dec. 16, 2016), *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.* Section 553(d) of the APA generally requires publication of a final rule not less than 30 days before its effective date, except

(1)a substantive rule which grants or recognizes an exemption or relieves a restriction;

(2)interpretive rules and statements of policy; or

(3)as otherwise provided by the agency for good cause found and published with the rule. 20 At a minimum, the Bureau believes the annual adjustments to the civil penalty amounts in § 1083.1 fall under the third exception to section 553(d). The Bureau finds that there is good cause to make the amendments effective on January 15, 2017. The amendments to § 1083.1 in this final rule are technical and non-discretionary, and they merely apply the statutory method for adjusting civil penalty amounts and follow the statutory directive to make annual adjustments by January 15 of each year. Moreover, the Inflation Adjustment Act directs agencies to adjust the civil penalties annually notwithstanding section 553 of the APA, 21 and OMB Guidance reaffirms that agencies need not provide a delay in effective date for the annual adjustments for inflation. 22 20 5 U.S.C. 553(d). 21 Inflation Adjustment Act section 4, *codified* at 28 U.S.C. 2461 note. 22 Memorandum from Shaun Donovan, Director, Office of Management and Budget, to the Heads of Executive Departments and Agencies (Dec. 16, 2016), *https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.* B. 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. 23 23 5 U.S.C. 603(a), 604(a). C. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, 24 the Bureau reviewed this final rule. No collections of information pursuant to the Paperwork Reduction Act are contained in the final rule. 24 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 above, the Bureau amends 12 CFR part 1083, as set forth below: PART 1083—CIVIL PENALTY ADJUSTMENTS 1. The authority citation for part 1083 continues to read as follows: 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. 2. Section 1083.1 is revised to read as follows: § 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 $5,526 12 U.S.C. 5565(c)(2)(B) Tier 2 penalty 27,631 12 U.S.C. 5565(c)(2)(C) Tier 3 penalty 1,105,241 15 U.S.C. 1717a(a)(2) Per violation 1,925 15 U.S.C. 1717a(a)(2) Annual cap 1,924,589 12 U.S.C. 2609(d)(1) Per failure 90 12 U.S.C. 2609(d)(1) Annual cap 181,071 12 U.S.C. 2609(d)(2)(A) Per failure, where intentional 181 12 U.S.C. 5113(d)(2) Per violation 27,904 15 U.S.C. 1639e(k)(1) First violation 11,053 15 U.S.C. 1639e(k)(2) Subsequent violations 22,105

(b)The adjustments in paragraph

(a)of this section shall apply to civil penalties assessed after January 15, 2017, regardless of when the violation for which the penalty is assessed occurred. Dated: January 4, 2017. Richard Cordray, Director, Bureau of Consumer Financial Protection. [FR Doc. 2017-00521 Filed 1-9-17; 4:15 pm]

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