Unknown. Notification of Monetary Penalties 2023

2,403 words·~11 min read·/register/2023/01/04/2022-28539·

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--- schema: federal-register doc_type: fedreg source_file: FR-2023-01-04.xml --- 88 2 Wednesday, January 4, 2023 Contents Agriculture Agriculture Department See National Agricultural Statistics Service Centers Disease Centers for Disease Control and Prevention NOTICES Meetings, 356-357 2022-28582 Centers Medicare Centers for Medicare & Medicaid Services RULES Medicare Program: Hospital Outpatient Prospective Payment and Ambulatory Surgical Center Payment Systems and Quality Reporting Programs;

Organ Acquisition; etc.; Correction, 297-299 2022-28517 Coast Guard Coast Guard RULES Special Local Regulation: Recurring Marine Events, Sector St. Petersburg, 291 2022-28564 Commerce Commerce Department See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Futures Commodity Futures Trading Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 347-348 2022-28548 Comptroller Comptroller of the Currency RULES Civil Monetary Penalty Inflation Adjustment, 289-291 2022-28539 Defense Department Defense Department See Navy Department NOTICES Meetings:

Uniform Formulary Beneficiary Advisory Panel, 348 2022-28571 Energy Department Energy Department See Federal Energy Regulatory Commission Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Missouri; Control of Sulfur Dioxide Emissions, 291-297 2022-28139 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: National Estuary Program, 352 2022-28565 Pesticide Product Registration:

Applications for New Active Ingredients, November 2022, 353 2022-28556 Federal Energy Federal Energy Regulatory Commission NOTICES Combined Filings, 350-351 2022-28568 Initial Market-Based Rate Filings Including Requests for Blanket Section 204 Authorizations: Fresh Air Energy XXIII, LLC, 350 2022-28563 PGR 2022 Lessee 2, LLC, 349 2022-28569 Institution of Section 206 Proceeding and Refund Effective Date: AEP Generating Co., 349-350 2022-28566 Federal Trade Federal Trade Commission NOTICES Analysis of Proposed Consent Order to Aid Public Comment:

Epic Games, Inc., 354-356 2022-28581 Foreign Assets Foreign Assets Control Office NOTICES Sanctions Actions, 399 2022-28554 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Centers for Medicare & Medicaid Services See Health Resources and Services Administration See National Institutes of Health Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:

Countermeasures Injury Compensation Program, 358-360 2022-28573 Health Center Patient Survey, 361-362 2022-28586 Shortage Designation Management System, 360-361 2022-28572 Meetings: Council on Graduate Medical Education, 362 2022-28562 Request for Information: Healthy Start Initiative: Eliminating Disparities in Perinatal Health (Healthy Start), 357-358 2022-28559 Homeland Homeland Security Department See Coast Guard PROPOSED RULES U.S. Citizenship and Immigration Services Fee Schedule and Changes to Certain Other Immigration Benefit Request Requirements, 402-602 2022-27066 Housing Housing and Urban Development Department PROPOSED RULES Rental Housing Assistance for the Native Hawaiian Housing Block Grant Program, 328-337 2022-28020 Violence Against Women Act Reauthorization Act:

Overview of Applicability to HUD Programs, 321-328 2022-28073 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Evaluation of the Supportive Services Demonstration, 365-367 2022-28575 Interior Interior Department See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Agreement Suspending the Antidumping Duty Investigation on Sugar from Mexico, 339-340 2022-28551 Agreement Suspending the Countervailing Duty Investigation on Sugar from Mexico, 341-342 2022-28550 International Trade Com International Trade Commission NOTICES Complaint:

Certain Active Matrix Organic Light-Emitting Diode Display Panels and Modules for Mobile Devices, and Components Thereof, 371-372 2022-28537 Justice Department Justice Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Diversion Control Division Information Technology Modernization Effort, 372-373 2022-28557 Land Land Management Bureau NOTICES Realty Action: Direct Sale of Public Land for Affordable Housing Purposes in Henderson, NV, 367-369 2022-28536 Direct Sale of Public Land to the City of Las Vegas, NV, 369-371 2022-28585 National Agricultural National Agricultural Statistics Service NOTICES Agency Information Collection Activities;

Proposals, Submissions, and Approvals, 338-339 2022-28574 National Institute National Institutes of Health NOTICES Meetings: Center for Scientific Review, 363-364 2022-28547 2022-28578 National Heart, Lung, and Blood Institute, 363-364 2022-28549 2022-28552 National Institute of Diabetes and Digestive and Kidney Diseases, 364-365 2022-28579 National Institute on Aging, 365 2022-28577 National Oceanic National Oceanic and Atmospheric Administration RULES Taking or Importing of Marine Mammals:

U.S. Navy Training Activities in the Gulf of Alaska Study Area, 604-697 2022-27951 NOTICES Taking or Importing of Marine Mammals: U.S. Navy Construction at Naval Station Newport, RI, 342-347 2022-28546 National Science National Science Foundation NOTICES Meetings: Proposal Review Panel for Materials Research, 373-374 2022-28555 Navy Navy Department NOTICES Environmental Impact Statements; Availability, etc.: Gulf of Alaska Navy Training Activities, 348-349 2022-28429 Postal Service Postal Service NOTICES Privacy Act;

Systems of Records, 374-378 2022-28588 2022-28589 Securities Securities and Exchange Commission NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 396-397 2022-28541 Application and Temporary Order: VanEck Russia ETF and VanEck Russia Small-Cap ETF, Series of VanEck ETF Trust, and Van Eck Associates Corp., 393-396 2022-28538 Application: Monachil Credit Income Fund, et al., 396 2022-28543 Self-Regulatory Organizations; Proposed Rule Changes:

Miami International Securities Exchange, LLC, 381-387 2022-28545 Nasdaq ISE, LLC, 387-393 2022-28544 National Securities Clearing Corp., 378-381 2022-28542 State Department State Department NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Request to Change End-user, End-use and/or Destination of Hardware and Open General Licenses, 397-398 2022-28561 Culturally Significant Object Being Imported for Exhibition: After SFX Performances Presented Alongside Lawrence Abu Hamdan:

Walled Unwalled and Other Monologues, 398 2022-28558 Surface Transportation Surface Transportation Board RULES Final Offer Rate Review; Expanding Access to Rate Relief, 299-320 2022-27926 Voluntary Arbitration Program for Small Rate Disputes, 700-738 2022-27924 NOTICES Exemption: Lease Renewal and Operation with Interchange Commitment; Kanawha River Railroad, LLC, Norfolk Southern Railway Co., 398-399 2022-28576 Treasury Treasury Department See Comptroller of the Currency See Foreign Assets Control Office Separate Parts In This Issue Part II Homeland Security Department, 402-602 2022-27066 Part III Commerce Department, National Oceanic and Atmospheric Administration, 604-697 2022-27951 Part IV Surface Transportation Board, 700-738 2022-27924 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. 88 2 Wednesday, January 4, 2023 Rules and Regulations DEPARTMENT OF THE TREASURY Office of the Comptroller of the Currency 12 CFR Parts 19 and 109 Notification of Inflation Adjustments for Civil Money Penalties AGENCY: Office of the Comptroller of the Currency, Treasury.

ACTION: Notification of Monetary Penalties 2023. SUMMARY: This document announces changes to the Office of the Comptroller of the Currency's

(OCC)maximum civil money penalties as adjusted for inflation. The inflation adjustments are required to implement the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: The adjusted maximum amount of civil money penalties in this document are applicable to penalties assessed on or after January 4, 2023 for conduct occurring on or after November 2, 2015. FOR FURTHER INFORMATION CONTACT: Lee Walzer, Counsel, Chief Counsel's Office,

(202)649-5490, Office of the Comptroller of the Currency. SUPPLEMENTARY INFORMATION: This document announces changes to the maximum amount of each civil money penalty

(CMP)within the OCC's jurisdiction to administer to account for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act of 1990 (the 1990 Adjustment Act), 1 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Adjustment Act). 2 Under the 1990 Adjustment Act, as amended, federal agencies must make annual adjustments to the maximum amount of each CMP they administer. The Office of Management and Budget

(OMB)is required to issue guidance to federal agencies no later than December 15 of each year providing an inflation adjustment multiplier ( *i.e.,* the inflation adjustment factor agencies must use) applicable to CMPs assessed in the following year. The agencies are required to publish their CMPs, adjusted pursuant to the multiplier provided by the OMB, by January 15 of the applicable year. 1 Public Law 101-410, Oct. 5, 1990, 104 Stat. 890, codified at 28 U.S.C. 2461 note. 2 Public Law 114-74, Title VII, section 701(b), Nov. 2, 2015, 129 Stat. 599, codified at 28 U.S.C. 2461 note. To the extent an agency codified a CMP amount in its regulations, the agency would need to update that amount by regulation. However, if an agency codified a formula for making the CMP adjustments, then subsequent adjustments can be made solely by notice. 3 In 2018, the OCC published a final regulation that removed the CMP amounts from its regulations while updating the CMP amounts for inflation through the notice process. 4 3 *See* OMB Memorandum M-18-03, Implementation of the 2018 Annual Adjustment Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, at 4, which permits agencies that have codified the formula to adjust CMPs for inflation to update the penalties through a notice rather than a regulation. 4 83 FR 1517 (Jan. 12, 2018) (final rule); 83 FR 1657 (Jan. 12, 2018) (2018 CMP Notice). On December 15, 2022, the OMB issued guidance to affected agencies on implementing the required annual adjustment, which included the relevant inflation multiplier. 5 The OCC has applied that multiplier to the maximum CMPs allowable in 2022 for national banks and Federal savings associations as listed in the 2022 CMP notice 6 to calculate the maximum amount of CMPs that may be assessed by the OCC in 2023. 7 There were no new statutory CMPs administered by the OCC during 2022. 5 The inflation adjustment multiplier for 2023 is 1.07745. *See* OMB Memorandum M-23-05, Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2022). 6 *See* 87 FR 1657 (Jan. 12, 2022). 7 Penalties assessed for violations occurring prior to November 2, 2015, will be subject to the maximum amounts set forth in the OCC's regulations in effect prior to the enactment of the 2015 Adjustment Act. The following charts provide the inflation-adjusted CMPs for use beginning on January 4, 2023, pursuant to 12 CFR 19.240(b) and 109.103(c)(2) for conduct occurring on or after November 2, 2015: Penalties Applicable to National Banks U.S. code citation Description and tier (if applicable) Maximum penalty amount (in dollars) 1 12 U.S.C. 93(b) Violation of Various Provisions of the National Bank Act: Tier 1 11,864 Tier 2 59,316 Tier 3 2 2,372,677 12 U.S.C. 164 Violation of Reporting Requirements: Tier 1 4,745 Tier 2 47,454 Tier 3 2 2,372,677 12 U.S.C. 481 Refusal of Affiliate to Cooperate in Examination 11,864 12 U.S.C. 504 Violation of Various Provisions of the Federal Reserve Act: Tier 1 11,864 Tier 2 59,316 Tier 3 2 2,372,677 12 U.S.C. 1817(j)(16) Violation of Change in Bank Control Act: Tier 1 11,864 Tier 2 59,316 Tier 3 2 2,372,677 12 U.S.C. 1818(i)(2) 3 Violation of Law, Unsafe or Unsound Practice, or Breach of Fiduciary Duty: Tier 1 11,864 Tier 2 59,316 Tier 3 2 2,372,677 12 U.S.C. 1820(k)(6)(A)(ii) Violation of Post-Employment Restrictions: Per violation 390,271 12 U.S.C. 1832(c) Violation of Withdrawals by Negotiable or Transferable Instrument for Transfers to Third Parties: Per violation 3,446 12 U.S.C. 1884 Violation of the Bank Protection Act 345 12 U.S.C. 1972(2)(F) Violation of Anti-Tying Provisions regarding Correspondent Accounts, Unsafe or Unsound Practices, or Breach of Fiduciary Duty: Tier 1 11,864 Tier 2 59,316 Tier 3 2 2,372,677 12 U.S.C. 3110(a) Violation of Various Provisions of the International Banking Act (Federal Branches and Agencies): 54,224 12 U.S.C. 3110(c) Violation of Reporting Requirements of the International Banking Act (Federal Branches and Agencies): Tier 1 4,339 Tier 2 43,377 Tier 3 2 2,168,915 12 U.S.C. 3909(d)(1) Violation of International Lending Supervision Act 2,951 15 U.S.C. 78u-2(b) Violation of Various Provisions of the Securities Act, the Securities Exchange Act, the Investment Company Act, or the Investment Advisers Act: Tier 1 (natural person)—Per violation 11,162 Tier 1 (other person)—Per violation 111,614 Tier 2 (natural person)—Per violation 111,614 Tier 2 (other person)—Per violation 558,071 Tier 3 (natural person)—Per violation 223,229 Tier 3 (other person)—Per violation 1,116,140 15 U.S.C. 1639e(k) Violation of Appraisal Independence Requirements: First violation 13,627 Subsequent violations 27,252 42 U.S.C. 4012a(f)(5) Flood Insurance: Per violation 2,577 1 The maximum penalty amount is per day, unless otherwise indicated. 2 The maximum penalty amount for a national bank is the lesser of this amount or 1 percent of total assets. 3 These amounts also apply to CMPs in statutes that cross-reference 12 U.S.C. 1818, such as 12 U.S.C. 2804, 3108, 3349, 4309, and 4717 and 15 U.S.C. 1607, 1693o, 1681s, 1691c, and 1692l. Penalties Applicable to Federal Savings Associations U.S. code citation CMP description Maximum penalty amount (in dollars) 8 12 U.S.C. 1464(v) Reports of Condition: 1st Tier 4,745 2nd Tier 47,454 3rd Tier 2 2,372,677 12 U.S.C. 1467(d) Refusal of Affiliate to Cooperate in Examination 11,864 12 U.S.C. 1467a(r) Late/Inaccurate Reports: 1st Tier 4,745 2nd Tier 47,454 3rd Tier 2 2,372,677 12 U.S.C. 1817(j)(16) Violation of Change in Bank Control Act: Tier 1 11,864 Tier 2 59,316 Tier 3 2 2,372,677 12 U.S.C. 1818(i)(2) 3 Violation of Law, Unsafe or Unsound Practice, or Breach of Fiduciary Duty: Tier 1 11,864 Tier 2 59,316 Tier 3 2 2,372,677 12 U.S.C. 1820(k)(6)(A)(ii) Violation of Post-Employment Restrictions: Per violation 390,271 12 U.S.C. 1832(c) Violation of Withdrawals by Negotiable or Transferable Instruments for Transfers to Third Parties: Per violation 3,132 12 U.S.C. 1884 Violation of the Bank Protection Act 345 12 U.S.C. 1972(2)(F) Violation of Provisions regarding Correspondent Accounts, Unsafe or Unsound Practices, or Breach of Fiduciary Duty: Tier 1 11,864 Tier 2 59,316 Tier 3 2 2,372,677 15 U.S.C. 78u-2(b) Violations of Various Provisions of the Securities Act, the Securities Exchange Act, the Investment Company Act, or the Investment Advisers Act: 1st Tier (natural person)—Per violation 11,162 1st Tier (other person)—Per violation 111,614 2nd Tier (natural person)—Per violation 111,614 2nd Tier (other person)—Per violation 558,071 3rd Tier (natural person)—Per violation 223,229 3rd Tier (other person)—Per violation 1,116,140 15 U.S.C. 1639e(k) Violation of Appraisal Independence Requirements: First violation 13,627 Subsequent violations 27,252 42 U.S.C. 4012a(f)(5) Flood Insurance: Per violation 2,577 8 The maximum penalty amount is per day, unless otherwise indicated. 2 The maximum penalty amount for a federal savings association is the lesser of this amount or 1 percent of total assets. 3 These amounts also apply to statutes that cross-reference 12 U.S.C. 1818, such as 12 U.S.C. 2804, 3108, 3349, 4309, and 4717 and 15 U.S.C. 1607, 1681s, 1691c, and 1692l. D.J. Fink, Associate Chief Counsel, Office of the Comptroller of the Currency. [FR Doc. 2022-28539 Filed 1-3-23; 8:45 am]

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