Unknown. Final rule

3,602 words·~16 min read·/register/2021/01/27/2021-01796

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--- schema: federal-register doc_type: fedreg source_file: FR-2021-01-27.xml --- 86 16 Wednesday, January 27, 2021 Contents Agriculture Agriculture Department See Office of Partnerships and Public Engagement NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7243-7246 2021-01735 2021-01750 2021-01751 2021-01760 2021-01795 Consumer Financial Protection Bureau of Consumer Financial Protection NOTICES Supervisory Highlights: Covid-19 Prioritized Assessments Special Edition, Issue 23 (Winter 2021), 7271-7280 2021-01601 Census Bureau Census Bureau NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: State and Local Government Finance Collections, and Public Employment and Payroll Collections, 7247-7248 2021-01287 Centers Disease Centers for Disease Control and Prevention NOTICES Charter Renewal: Board of Scientific Counselors, National Center for Health Statistics, 7293 2021-01738 Healthcare Infection Control Practices Advisory Committee, 7294 2021-01739 Meetings: Advisory Committee on Immunization Practices, 7293-7294 2021-01737 National Center for Health Statistics, ICD-10 Coordination and Maintenance Committee, 7294-7296 2021-01740 Coast Guard Coast Guard RULES Drawbridge Operations:

Bayou Sara, Saraland, AL, 7241 2021-01103 Mobile River, Hurricane, AL, 7238-7239 2021-01104 Old Fort Bayou, MS, 7239-7240 2020-28710 Commerce Commerce Department See Census Bureau See Economic Development Administration See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Council Inspectors Council of the Inspectors General on Integrity and Efficiency NOTICES Privacy Act; Systems of Records, 7280-7283 2021-01429 Economic Development Economic Development Administration NOTICES Trade Adjustment Assistance;

Determinations, 7248-7249 2021-01734 Energy Department Energy Department See Federal Energy Regulatory Commission Farm Credit Farm Credit Administration RULES Rules of Practice and Procedure: Adjusting Civil Money Penalties for Inflation, 7235-7237 2021-01796 Federal Communications Federal Communications Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7290-7291 2021-01602 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 7289-7290 2021-01756 Application and Establishing Intervention Deadline: Breitburn Operating L.P., 7283-7284 2021-01776 Application: Northern States Power Co., WI, 7284-7285, 7288-7289 2021-01777 2021-01778 Combined Filings, 7285-7289 2021-01659 2021-01757 2021-01758 Request Under Blanket Authorization and Establishing Intervention and Protest Deadline: Gas Transmission Northwest, LLC, 7286-7287 2021-01773 Transfer of Exemption: Apple Inc., Monroe Hydro, LLC, 7287 2021-01774 Federal Highway Federal Highway Administration NOTICES Final Federal Agency Actions:

Proposed Highway in Utah, 7333-7334 2021-01651 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 7291-7292 2021-01775 Federal Reserve Federal Reserve System NOTICES Changes in Bank Control: Acquisitions of Shares of a Bank or Bank Holding Company, 7292-7293 2021-01808 Formations of, Acquisitions by, and Mergers of Bank Holding Companies, 7292 2021-01810 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity: Rivian Automotive, LLC, Foreign-Trade Zone 114, Peoria, IL, 7249-7251 2021-01794 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See National Institutes of Health Homeland Homeland Security Department See Coast Guard Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Improving Customer Experience, 7302-7303 2021-01574 Interior Interior Department See National Indian Gaming Commission International Trade Adm International Trade Administration RULES Aluminum Import Monitoring and Analysis System; Effective Date Delay, 7237 2021-01804 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: European Union-United States Privacy Shield; Invitation for Applications for Inclusion on the List of Arbitrators, 7255-7256 2021-01803 Antidumping or Countervailing Duty Investigations, Orders, or Reviews:

Barium Chloride from the People's Republic of China, 7257-7258 2021-01790 Certain Uncoated Paper from Australia, 7256-7257 2021-01784 Certain Uncoated Paper from Brazil, 7254-7255, 7261-7264 2021-01676 2021-01792 Certain Uncoated Paper from Indonesia, 7266-7269 2021-01785 Certain Uncoated Paper from Portugal, 7269-7270 2021-01677 Circular Welded Carbon Steel Pipes and Tubes from Thailand, 7259-7261 2021-01793 Heavy Walled Rectangular Welded Carbon Steel Pipes and Tubes from the Republic of Turkey, 7251-7252 2021-01791 Narrow Woven Ribbons with Woven Selvedge from the People's Republic of China, 7264-7266 2021-01786 Passenger Vehicle and Light Truck Tires from the People's Republic of China, 7258-7259 2021-01798 Application:

Cornell University, et al.; Duty-Free Entry of Scientific Instruments, 7271 2021-01788 Determinations in Less-Than-Fair-Value Investigations: Passenger Vehicle and Light Truck Tires from the Republic of Korea, Taiwan, Thailand, and the Socialist Republic of Vietnam, 7252-7254 2021-01789 International Trade Com International Trade Commission NOTICES Complaint: Certain Cellular Signal Boosters, Repeaters, Bi-Directional Amplifiers, and Components Thereof, 7304-7305 2021-01679 Investigations;

Determinations, Modifications, and Rulings, etc.: Certain UMTS and LTE Cellular Communication Modules and Products Containing the Same, 7305-7306 2021-01604 Labor Department Labor Department See Labor Statistics Bureau RULES Rescission of Rule on Guidance, 7237-7238 2021-01746 Labor Statistics Labor Statistics Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7306-7307 2021-01715 Merit Merit Systems Protection Board NOTICES Privacy Act;

Systems of Records, 7307-7309 2021-01812 National Endowment for the Arts National Endowment for the Arts NOTICES Meetings: Arts Advisory Panel, 7309-7310 2021-01787 National Endowment for the Humanities National Endowment for the Humanities NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7310 2021-01743 National Foundation National Foundation on the Arts and the Humanities See National Endowment for the Arts See National Endowment for the Humanities National Indian National Indian Gaming Commission NOTICES Fee Rate and Fingerprint Fees, 7303-7304 2021-01772 National Institute National Institutes of Health NOTICES Meetings:

Center for Scientific Review, 7296-7298, 7301-7302 2021-01703 2021-01706 2021-01733 National Cancer Institute, 7296-7297 2021-01702 National Center for Complementary and Integrative Health, 7300-7301 2021-01708 2021-01710 National Eye Institute, 7302 2021-01747 National Institute of Allergy and Infectious Diseases, 7299 2021-01707 National Institute of Dental and Craniofacial Research, 7298-7299 2021-01698 National Institute of Mental Health, 7299 2021-01700 National Institute of Neurological Disorders and Stroke, 7299-7300, 7302 2021-01701 2021-01705 National Institute of Nursing Research, 7300 2021-01704 National Institute on Drug Abuse, 7297, 7300 2021-01699 2021-01709 National Oceanic National Oceanic and Atmospheric Administration PROPOSED RULES Endangered and Threatened Species:

Designation of Critical Habitat for the Beringia Distinct Population Segment of the Bearded Seal, 7242 C1-2020-29006 Nuclear Regulatory Nuclear Regulatory Commission NOTICES License Transfer: Palo Verde Nuclear Generating Station, Units 1, 2, and 3 Independent Spent Fuel Storage Installation, 7310-7313 2021-01742 Order: In the Matter of Tennessee Valley Authority Bellefonte Nuclear Plant, Units 1 and 2, 7313-7316 2021-01754 OPPE Office of Partnerships and Public Engagement NOTICES Meetings:

Advisory Committee on Minority Farmers, 7246-7247 2021-01752 Pension Benefit Pension Benefit Guaranty Corporation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Disclosure of Termination Information, 7316-7317 2021-01741 Pipeline Pipeline and Hazardous Materials Safety Administration NOTICES Pipeline Safety: Request for Special Permit: Natural Gas Pipeline Company of America, LLC, 7334-7335 2021-01781 Presidential Documents Presidential Documents PROCLAMATIONS U.S.

Southern Border; Termination of Emergency and Redirection of Funds Diverted to Border Wall Construction (Proc. 10142), 7225-7227 2021-01922 EXECUTIVE ORDERS COVID-19 Pandemic; Economic Relief (EO 14002), 7229-7230 2021-01923 Government Agencies and Employees: Federal Workforce; Protection Efforts (EO 14003), 7231-7233 2021-01924 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 7320-7321 2021-01655 2021-01667 Self-Regulatory Organizations;

Proposed Rule Changes: Cboe BZX Exchange, Inc., 7327-7329 2021-01728 Cboe EDGA Exchange, Inc., 7324-7327 2021-01731 MIAX PEARL, LLC, 7317 2021-01730 NYSE American LLC, 7321-7324 2021-01727 The Options Clearing Corp., 7317-7320 2021-01729 Small Business Small Business Administration NOTICES Major Disaster Declaration: Alabama, 7330-7331 2021-01716 2021-01720 Colorado, 7331 2021-01726 Connecticut, 7329-7330 2021-01725 Louisiana, 7330 2021-01721 New Jersey, 7330 2021-01722 North Carolina, 7331 2021-01719 Oklahoma, 7329 2021-01724 State Department State Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Family Liaison Office Professional Development Fellowship Application, 7332-7333 2021-01811 Training/Internship Placement Plan, 7332 2021-01782 Designation as a Specially Designated Global Terrorist: Niamat Hama Rahim Hama Sharif, 7331-7332 2021-01581 Transportation Department Transportation Department See Federal Highway Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals: Return of Organization Exempt from Income Tax, 7335-7336 2021-01732 Treasury Foreign Currency Forms, 7336 2021-01723 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. 86 16 Wednesday, January 27, 2021 Rules and Regulations FARM CREDIT ADMINISTRATION 12 CFR Part 622 RIN 3052-AD45 Rules of Practice and Procedure;

Adjusting Civil Money Penalties for Inflation AGENCY: Farm Credit Administration. ACTION: Final rule. SUMMARY: This regulation implements inflation adjustments to civil money penalties

(CMPs)that the Farm Credit Administration

(FCA)may impose or enforce pursuant to the Farm Credit Act of 1971, as amended (Farm Credit Act), and pursuant to the Flood Disaster Protection Act of 1973, as amended by the National Flood Insurance Reform Act of 1994, and further amended by the Biggert-Waters Flood Insurance Reform Act of 2012 (Biggert-Waters Act) (collectively FDPA, as amended). DATES: This regulation is effective on January 27, 2021, and is applicable beginning January 15, 2021. FOR FURTHER INFORMATION CONTACT: Brian Camp, Accountant, Office of Regulatory Policy, Farm Credit Administration,

(703)254-3004, TTY

(703)883-4056, or Autumn R. Agans, Senior Counsel, Office of General Counsel, Farm Credit Administration,

(703)883-4082, TTY

(703)883-4056. SUPPLEMENTARY INFORMATION: I. Objective The objective of this regulation is to adjust the maximum CMPs for inflation through a final rulemaking to retain the deterrent effect of such penalties. II. Background A. Introduction The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 (1996 Act) and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act) (collectively, 1990 Act, as amended), requires all Federal agencies with the authority to enforce CMPs to evaluate and adjust, if necessary, those CMPs each year to ensure that they continue to maintain their deterrent value and promote compliance with the law. Section 3(2) of the 1990 Act, as amended, defines a civil monetary penalty 1 as any penalty, fine, or other sanction that:

(1)Either is for a specific monetary amount as provided by Federal law or has a maximum amount provided for by Federal law;

(2)is assessed or enforced by an agency pursuant to Federal law; and

(3)is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. 2 1 *Note:* While the 1990 Act, as amended by 1996 and 2015 Acts, uses the term “civil monetary penalties” for these penalties or other sanctions, the Farm Credit Act and the FCA Regulations use the term “civil money penalties.” Both terms have the same meaning. Accordingly, this rule uses the term civil money penalty, and both terms may be used interchangeably. 2 *See* 28 U.S.C. 2461 *note.* The FCA imposes and enforces CMPs through the Farm Credit Act 3 and the FDPA, as amended. 4 FCA's regulations governing CMPs are found in 12 CFR parts 622 and 623. Part 622 establishes rules of practice and procedure applicable to formal and informal hearings held before the FCA, and to formal investigations conducted under the Farm Credit Act. Part 623 prescribes rules regarding persons who may practice before the FCA and the circumstances under which such persons may be suspended or debarred from practice before the FCA. 3 Public Law 92-181, as amended. 4 42 U.S.C. 4012a and Public Law 103-325, title V, 108 Stat. 2160, 2255-87 (September 23, 1994). B. CMPs Issued Under the Farm Credit Act The Farm Credit Act provides that any Farm Credit System (System) institution or any officer, director, employee, agent, or other person participating in the conduct of the affairs of a System institution who violates the terms of a cease-and-desist order that has become final pursuant to section 5.25 or 5.26 of the Farm Credit Act must pay a maximum daily amount of $1,000, 5 for each day such violation continues. This CMP maximum was set by the Farm Credit Amendments Act of 1985, which amended the Farm Credit Act. Orders issued by the FCA under section 5.25 or 5.26 of the Farm Credit Act include temporary and permanent cease-and-desist orders. In addition, section 5.32(h) of the Farm Credit Act provides that any directive issued under sections 4.3(b)(2), 4.3A(e), or 4.14A(i) of the Farm Credit Act “shall be treated” as a final order issued under section 5.25 of the Farm Credit Act for purposes of assessing a CMP. 5 The inflation-adjusted CMP in effect on January 15, 2020, for a violation of a final order is $2,404 per day, as set forth in § 622.61(a)(1) of FCA regulations. We discovered a transposition error, and note that the correct number for 2020 is $2,367. Section 5.32(a) of the Farm Credit Act also states that “[a]ny such institution or person who violates any provision of the [Farm Credit] Act or any regulation issued under this Act shall forfeit and pay a civil penalty of not more than $500 6 per day for each day during which such violation continues.” This CMP maximum was set by the Agricultural Credit Act of 1987, which was enacted in 1988, and amends the Farm Credit Act. Current inflation-adjusted CMP maximums are set forth in existing § 622.61 of FCA regulations. 7 6 The inflation-adjusted CMP in effect on January 15, 2020, for a violation of the Farm Credit Act or a regulation issued under the Farm Credit Act is $1,071 per day, as set forth in § 622.61(a)(2) of FCA regulations. 7 Prior adjustments were made under the 1990 Act and continue to be made each year. The FCA also enforces the FDPA, as amended, which requires FCA to assess CMPs for a pattern or practice of committing certain specific actions in violation of the National Flood Insurance Program. The existing maximum CMP for a violation under the Flood Disaster Protection Act of 1973 is $2,000. 8 9 8 Public Law 112-141, 126 Stat. 405 (July 6, 2012). 9 The inflation-adjusted CMP in effect on January 15, 2020, for a flood insurance violation is $2,226, as set forth in § 622.61(b)of FCA regulations. C. Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 1. In General The 2015 Act required all Federal agencies to adjust the CMPs yearly, starting January 15, 2017. Under Section 4(b) of the 1990 Act, as amended, annual adjustments are to be made yearly no later than January 15 of each year. 10 Section 6 of the 1990 Act, as amended, states that any increase to a civil monetary penalty under this 1990 Act applies only to civil monetary penalties, including those whose associated violation predated such increase, which are assessed after the date the increase takes effect. 10 Public Law 114-74, sec. 701(b)(1). Section 5(b) of the 1990 Act, as amended, defines the term “cost-of-living adjustment” as the percentage (if any) for each civil monetary penalty by which

(1)the Consumer Price Index

(CPI)for the month of October of the calendar year preceding the adjustment, exceeds

(2)the CPI for the month of October 1 year before the month of October referred to in

(1)of the calendar year in which the amount of such civil monetary penalty was last set or adjusted pursuant to law. 11 11 The CPI is published by the Department of Labor, Bureau of Statistics, and is available at its website: *https://www.bls.gov/cpi/.* The increase for each CMP adjusted for inflation must be rounded using a method prescribed by section 5(a) of the 1990 Act, as amended, by the 2015 Act. 12 12 Pursuant to section 5(a)(3) of the 2015 Act, any increase determined under the subsection shall be rounded to the nearest $1. 2. Other Adjustments If a civil monetary penalty is subject to a cost-of-living adjustment under the 1990 Act, as amended, but is adjusted to an amount greater than the amount of the adjustment required under the Act within the 12 months preceding a required cost-of-living adjustment, the agency is not required to make the cost-of-living adjustment to that CMP in that calendar year. 13 13 Pursuant to section 4(d) of the 1990 Act, as amended. III. Yearly Adjustments A. Mathematical Calculations of 2021 Adjustments The adjustment requirement affects two provisions of section 5.32(a) of the Farm Credit Act. For the 2021 yearly adjustments to the CMPs set forth by the Farm Credit Act, the calculation required by the 2020 White House Office of Management and Budget

(OMB)guidance 14 is based on the percentage by which the CPI for October 2020 exceeds the CPIs for October 2019. The OMB set forth guidance, as required by the 2015 Act, 15 with a multiplier for calculating the new CMP values. 16 The 2020 OMB multiplier for the 2021 CMPs is 1.01182. 14 OMB Circular M-21-10, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. 15 28 U.S.C. 2461 *note,* section 7(a). 16 OMB Circular M-21-10, Implementation of Penalty Inflation Adjustments for 2021, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. The adjustment also affects the CMPs set by the Flood Disaster Protection Act of 1973, as amended. The adjustment multiplier is the same for all FCA enforced CMPs, set at 1.01182. The maximum CMPs for violations were created in 2012 by the Biggert-Waters Act, which amended the Flood Disaster Protection Act of 1973. 1. New Penalty Amount in § 622.61(a)(1) The inflation-adjusted CMP currently in effect for violations of a final order occurring on or after January 15, 2020, is a maximum daily amount of $2,367. 17 Multiplying the $2,367 CMP by the 2020 OMB multiplier, 1.01182, yields a total of $2,394.98. When that number is rounded as required by section 5(a) of the 1990 Act, as amended, the inflation-adjusted maximum increases to $2,395. Thus, the new CMP maximum is $2,395, for violations that occur on or after January 15, 2021. 17 12 CFR 622.61(a)(1). As noted above, we discovered a transposition error, so the correct maximum daily amount for 2020 is $2,367. Accordingly, we use the corrected amount to compute the maximum amount for CMP violations that occur on or after January 15, 2021. 2. New Penalty Amount in § 622.61(a)(2) The inflation-adjusted CMP currently in effect for violations of the Farm Credit Act or regulations issued under the Farm Credit Act occurring on or after January 15, 2020, is a maximum daily amount of $1,071. 18 Multiplying the $1,071 CMP maximum by the 2020 OMB multiplier, 1.01182, yields a total of $1,083.66. When that number is rounded as required by section 5(a) of the 1990 Act, as amended the inflation-adjusted maximum increases to $1,084. Thus, the new CMP maximum is $1,084, for violations that occur on or after January 15, 2021. 18 12 CFR 622.61(a)(2). 3. New Penalty Amounts for Flood Insurance Violations Under § 622.61(b) The existing maximum CMP for a pattern or practice of flood insurance violations pursuant to 42 U.S.C. 4012a(f)(5) occurring on or after January 15, 2020, is $2,226. Multiplying $2,226 by the 2020 OMB multiplier, 1.01182, yields a total of $2,252.31. When that number is rounded as required by section 5(a) of the 1990 Act, as amended, the new maximum assessment of the CMP for violating 42 U.S.C. 4012a(f)(5) is $2,252. Thus, the new CMP maximum is $2,252, for violations that occur on or after January 15, 2021. IV. Notice and Comment Not Required by Administrative Procedure Act The 1990 Act, as amended, gives Federal agencies no discretion in the adjustment of CMPs for the rate of inflation. Further, these revisions are ministerial, technical, and noncontroversial. For these reasons, the FCA finds good cause to determine that public notice and an opportunity to comment are impracticable, unnecessary, and contrary to the public interest pursuant to the Administrative Procedure Act, 5 U.S.C. 553(b)(B), and adopts this rule in final form. V. Regulatory Flexibility Act Pursuant to section 605(b) of the Regulatory Flexibility Act (5 U.S.C. 601 *et seq.* ), the FCA hereby certifies that this final rule will not have a significant economic impact on a substantial number of small entities. Each of the banks in the System, considered together with its affiliated associations, has assets and annual income in excess of the amounts that would qualify them as small entities. Therefore, System institutions are not “small entities” as defined in the Regulatory Flexibility Act. List of Subjects in 12 CFR Part 622 Administrative practice and procedure, Crime, Investigations, Penalties. For the reasons stated in the preamble, part 622 of chapter VI, title 12 of the Code of Federal Regulations is amended as follows: PART 622—RULES OF PRACTICE AND PROCEDURE 1. The authority citation for part 622 continues to read as follows: Authority: Secs. 5.9, 5.10, 5.17, 5.25-5.37 of the Farm Credit Act (12 U.S.C. 2243, 2244, 2252, 2261-2273); 28 U.S.C. 2461 note; and 42 U.S.C. 4012a(f). 2. Revise § 622.61 to read as follows: § 622.61 Adjustment of civil money penalties by the rate of inflation under the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended.

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

(1)Amount of civil money penalty imposed under section 5.32 of the Act for violation of a final order issued under section 5.25 or 5.26 of the Act: The maximum daily amount is $2,395 for violations that occur on or after January 15, 2021.

(2)Amount of civil money penalty for violation of the Act or regulations: The maximum daily amount is $1,084 for each violation that occurs on or after January 15, 2021.

(b)The maximum civil money penalty amount assessed under 42 U.S.C. 4012a(f) is $2,252 for each violation that occurs on or after January 15, 2021, with no cap on the total amount of penalties that can be assessed against any single institution during any calendar year. Dated: January 22, 2021. Dale Aultman, Secretary, Farm Credit Administration Board. [FR Doc. 2021-01796 Filed 1-26-21; 8:45 am]

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