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Code · REGISTER · 2025-01-08 · PROPOSED RULES · Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency Consumer Financial Protection Bureau of Consumer Financial Protection RULES Civil Monetary Penalty Inflation · Unknown

Unknown. Final rule

3,738 words·~17 min read·/register/2025/01/08/2025-00167·

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-2025-01-08.xml --- 90 5 Wednesday, January 8, 2025 Contents Agriculture Agriculture Department See Commodity Credit Corporation See Farm Service Agency Consumer Financial Protection Bureau of Consumer Financial Protection RULES Civil Monetary Penalty Inflation Adjustment, 1355-1357 2025-00167 Centers Disease Centers for Disease Control and Prevention NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1490-1497, 1499-1502 2025-00159 2025-00160 2025-00161 2025-00162 2025-00163 2025-00164 2025-00165 2025-00166 Hearings, Meetings, Proceedings, etc.:
Establishing a Road Map for Accelerated Diagnosis and Treatment of HCV Infection in the United States, 1497-1499 2025-00204 Civil Rights Civil Rights Commission NOTICES Hearings, Meetings, Proceedings, etc.: Puerto Rico Advisory Committee, 1434-1435 2025-00145 Coast Guard Coast Guard PROPOSED RULES Drawbridge Operations: Gulf Intracoastal Waterway, Osprey, FL, 1402-1404 2024-31328 Commerce Commerce Department See Foreign-Trade Zones Board See International Trade Administration See National Oceanic and Atmospheric Administration Commodity Credit Commodity Credit Corporation NOTICES Funds Availability:
Marketing Assistance for Specialty Crops, 1434 2025-00215 Consumer Product Consumer Product Safety Commission RULES Certificates of Compliance, 1800-1845 2024-30826 Defense Department Defense Department PROPOSED RULES Pay Equity and Transparency in Federal Contracting, 1404-1405 2025-00118 NOTICES Arms Sales, 1450-1462 2025-00139 2025-00140 2025-00141 2025-00142 2025-00143 2025-00154 Hearings, Meetings, Proceedings, etc.: Defense Business Board, 1450 2025-00147 Education Department Education Department NOTICES Applications for New Awards:
Fulbright-Hays Faculty Research Abroad Fellowship Program, 1469-1474 2024-30920 Native Hawaiian Career and Technical Education Program, 1462-1469 2025-00209 Energy Department Energy Department See Federal Energy Regulatory Commission NOTICES Hearings, Meetings, Proceedings, etc.: Electric Vehicle Working Group, 1474-1475 2025-00219 Environmental Protection Environmental Protection Agency RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alaska; Fairbanks North Star Borough;
Interim Final Determination to Defer Sanctions, 1378-1380 2024-30649 Civil Monetary Penalty Inflation Adjustment, 1375-1378 2025-00206 PROPOSED RULES Air Quality State Implementation Plans; Approvals and Promulgations: Alaska; Fairbanks North Star Borough; 2006 24-hour PM 2.5 Serious Area and 189(d) Plan, 1600-1634 2024-30648 NOTICES Hearings, Meetings, Proceedings, etc.: Local Government Advisory Committee, 1481 2025-00238 Farm Service Farm Service Agency NOTICES Funds Availability:
Marketing Assistance for Specialty Crops, 1434 2025-00215 Federal Aviation Federal Aviation Administration RULES Airworthiness Directives: Airbus Defense and Space S.A. (Formerly Known as Construcciones Aeronauticas, S.A.) Airplanes, 1359-1361 2025-00146 CFM International, S.A. Engines, 1365-1368 2025-00207 General Electric Company Engines, 1361-1365 2025-00208 Gulfstream Aerospace Corporation Airplanes, 1357-1359 2025-00138 The Boeing Company Airplanes, 1368-1371 2025-00144 Standard Instrument Approach Procedures, and Takeoff Minimums and Obstacle Departure Procedures;
Miscellaneous Amendments, 1371-1374 2025-00194 2025-00195 Federal Communications Federal Communications Commission RULES Spectrum Rules and Policies for the Operation of Unmanned Aircraft Systems, 1380-1400 2024-29967 FCAH Federal Council on the Arts and the Humanities NOTICES Hearings, Meetings, Proceedings, etc.: Arts and Artifacts Indemnity Panel Advisory Committee, 1550 2025-00239 Federal Emergency Federal Emergency Management Agency NOTICES Flood Hazard Determinations, 1514-1528 2025-00240 2025-00241 2025-00242 2025-00243 2025-00244 2025-00245 2025-00246 2025-00247 Federal Energy Federal Energy Regulatory Commission NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals, 1476-1478 2025-00232 Application: Southern California Edison Company; San Bernardino Valley Municipal Water District, 1478-1479 2025-00231 Combined Filings, 1479-1481 2025-00235 2025-00236 Effectiveness of Exempt Wholesale Generator Status: AES Pike County Energy Storage, LLC, BCE Seal Beach, et al., 1475 2025-00233 Request under Blanket Authorization: Florida Gas Transmission Co., LLC, 1475-1476 2025-00234 Federal Maritime Federal Maritime Commission NOTICES Agreements Filed, 1481-1482 2025-00229 Federal Mine Federal Mine Safety and Health Review Commission NOTICES Meetings;
Sunshine Act, 1482 2025-00360 2025-00365 Federal Motor Federal Motor Carrier Safety Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Electronic Logging Device Vendor Registration, 1593-1594 2025-00123 Medical Qualification Requirements, 1594-1596 2025-00122 Study of Warning Devices for Stopped Commercial Motor Vehicles, 1591-1593 2025-00120 Federal Procurement Federal Procurement Policy Office PROPOSED RULES Pay Equity and Transparency in Federal Contracting, 1404-1405 2025-00118 Federal Transit Federal Transit Administration PROPOSED RULES Charter Service, 1406-1419 2024-30970 Fish Fish and Wildlife Service PROPOSED RULES Endangered and Threatened Species: 90-Day Finding on Two Petitions for Gray Wolf, 1419-1421 2024-31754 Status for the Bleached Sandhill Skipper, 1421-1433 2024-31761 NOTICES Permits;
Applications, Issuances, etc.: Endangered and Threatened Species, 1537-1538 2025-00226 Incidental Take and Proposed Habitat Conservation Plan for the Coastal California Gnatcatcher, Ventura County, CA, 1538-1539 2025-00230 Food and Drug Food and Drug Administration NOTICES Final Debarment Order: Yong Sheng Jiao, 1505-1508 2025-00126 Yong Sheng Jiao; Withdrawal, 1505 2025-00125 Guidance: Developing Drugs for Optical Imaging, 1504-1505 2025-00213 Obesity and Overweight: Developing Drugs and Biological Products for Weight Reduction, 1502-1504 2025-00237 Foreign Trade Foreign-Trade Zones Board NOTICES Proposed Production Activity:
Unimacts Co., Foreign-Trade Zone 265, Conroe, TX, 1435 2025-00188 General Services General Services Administration PROPOSED RULES Pay Equity and Transparency in Federal Contracting, 1404-1405 2025-00118 NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Student Loan Repayment Application and Service Agreement, 1482-1490 2024-31659 Health and Human Health and Human Services Department See Centers for Disease Control and Prevention See Food and Drug Administration See Health Resources and Services Administration See Indian Health Service NOTICES Requests for Nominations:
Center for Indigenous Innovation and Health Equity Tribal Advisory Committee, 1510 2025-00210 Health Resources Health Resources and Services Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Maternal, Infant, and Early Childhood Home Visiting Program Model Eligibility Review Survey, 1508-1510 2025-00129 Homeland Homeland Security Department See Coast Guard See Federal Emergency Management Agency NOTICES Security Requirements for Restricted Transactions under Executive Order 14117, 1528-1536 2024-31479 Housing Housing and Urban Development Department NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Application for the Community Development Block Grant Program for Indian Tribes and Alaska Native Villages; Correction, 1536-1537 2025-00217 The Universal Notice: Common Application, Waivers, and Alternative Requirements for Community Development Block Grant Disaster Recovery Grantees, 1754-1797 2024-31621 Indian Affairs Indian Affairs Bureau NOTICES Indian Gaming: Approval by Operation of Law Tribal-State Class III Gaming Compact Amendment between the Ho Chunk Nation and the State of Wisconsin, 1539-1540 2025-00121 Indian Health Indian Health Service NOTICES Statement of Organization, Functions, and Delegations of Authority:
Headquarters, Office of the Director, 1511-1514 2025-00183 Interior Interior Department See Fish and Wildlife Service See Indian Affairs Bureau See Land Management Bureau International Trade Adm International Trade Administration NOTICES Antidumping or Countervailing Duty Investigations, Orders, or Reviews: Certain Softwood Lumber from Canada, 1442-1443 2025-00189 Float Glass Products from the People's Republic of China and Malaysia, 1443-1447 2025-00187 Sales at Less Than Fair Value;
Determinations, Investigations, etc.: Float Glass Products from the People's Republic of China and Malaysia, 1435-1441 2025-00190 International Trade Com International Trade Commission NOTICES Complaint, 1544-1545 2025-00184 Investigations; Determinations, Modifications, and Rulings, etc.: Disposable Aluminum Containers, Pans, Trays, and Lids from China, 1545-1547 2025-00156 Glass Wine Bottles from Chile, 1543-1544 2025-00225 Public Input on Presentation of Harmonized Tariff Schedule of the United States, 1545 2025-00157 Judicial Conference Judicial Conference of the United States NOTICES Hearings, Meetings, Proceedings, etc.:
Advisory Committee on Appellate Rules, 1547 2025-00191 Advisory Committee on Bankruptcy Rules, 1547 2025-00192 Justice Department Justice Department RULES Preventing Access to U.S. Sensitive Personal Data and Government-Related Data by Countries of Concern or Covered Persons, 1636-1752 2024-31486 Labor Department Labor Department See Workers Compensation Programs Office Land Land Management Bureau NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals:
Color-of-Title Application, 1540 2025-00132 Hearings, Meetings, Proceedings, etc.: California Desert District Advisory Council, 1542-1543 2025-00155 Rocky Mountain Resource Advisory Council, 1543 2025-00216 Plats of Survey: Nevada, 1540-1541 2025-00130 Segregation of Public Land: Bonanza Solar Project, Clark County, NV, 1541-1542 2025-00199 Legal Legal Services Corporation NOTICES Calendar Year 2025 Competitive Grant Funds: Technology Initiative Grant Program, 1548-1550 2025-00214 Management Management and Budget Office See Federal Procurement Policy Office NASA National Aeronautics and Space Administration PROPOSED RULES Pay Equity and Transparency in Federal Contracting, 1404-1405 2025-00118 National Foundation National Foundation on the Arts and the Humanities See Federal Council on the Arts and the Humanities National Oceanic National Oceanic and Atmospheric Administration NOTICES Agency Information Collection Activities;
Proposals, Submissions, and Approvals: Scientific Research, Exempted Fishing, and Exempted Educational Activity Submissions, 1447-1448 2025-00205 Environmental Assessments; Availability, etc.: Effects of Issuing Incidental Take Permit No. 27490, 1448-1449 2025-00158 National Science National Science Foundation NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals: Research Infrastructure Guide, 1550-1552 2025-00197 Pension Benefit Pension Benefit Guaranty Corporation RULES Civil Monetary Penalty Inflation Adjustment, 1374-1375 2025-00211 Pipeline Pipeline and Hazardous Materials Safety Administration PROPOSED RULES Hazardous Materials:
Advancing Safety of Highway, Rail, and Vessel Transportation, 1405-1406 2024-31077 Postal Regulatory Postal Regulatory Commission NOTICES New Postal Products, 1552-1554 2025-00151 Postal Service Postal Service NOTICES Product Change: Priority Mail and USPS Ground Advantage Negotiated Service Agreement, 1554 2025-00135 Priority Mail Express, Priority Mail, and USPS Ground Advantage Negotiated Service Agreement, 1554 2025-00136 Securities Securities and Exchange Commission NOTICES Self-Regulatory Organizations;
Proposed Rule Changes: BOX Exchange, LLC, 1558 2025-00169 Cboe C2 Exchange, Inc., 1556 2025-00175 Cboe EDGX Exchange, Inc., 1560 2025-00176 Cboe Exchange, Inc., 1555-1556 2025-00174 Financial Industry Regulatory Authority, Inc., 1563-1585 2025-00179 Investors Exchange, LLC, 1561-1562, 1586 2025-00168 2025-00177 Miami International Securities Exchange, LLC, 1562 2025-00180 MIAX Emerald, LLC, 1557-1558 2025-00182 MIAX PEARL, LLC, 1554-1555 2025-00181 Nasdaq BX, Inc., 1559-1560 2025-00172 Nasdaq PHLX, LLC, 1585-1586 2025-00173 National Securities Clearing Corp., 1560-1561 2025-00171 The Depository Trust Co., 1556-1557 2025-00170 The Nasdaq Stock Market, LLC, 1558-1559 2025-00178 Small Business Small Business Administration NOTICES Disaster Declaration:
Missouri; Public Assistance Only, 1587 2025-00148 Oregon; Public Assistance Only, 1586-1587 2025-00152 Surrender of License of Small Business Investment Company: Brookside Mezzanine Fund II, LP, 1587 2025-00131 New York Credit SBIC Fund L.P., 1587 2025-00134 Social Social Security Administration NOTICES Agency Information Collection Activities; Proposals, Submissions, and Approvals, 1588-1589 2025-00128 State Department State Department PROPOSED RULES Acquisition Regulation: Nondiscrimination in Foreign Assistance;
Withdrawal, 1401 2025-00202 Surface Transportation Surface Transportation Board NOTICES Acquisition of Control: TIP Minnesota Coaches Acquisition LLC, TIP MN Investments LP, and Tiger Infrastructure Partners Fund IV AIV LP; Marschall Line, Inc., Minnesota Coaches, Inc., et al., 1589-1591 2025-00200 Transportation Department Transportation Department See Federal Aviation Administration See Federal Motor Carrier Safety Administration See Federal Transit Administration See Pipeline and Hazardous Materials Safety Administration Treasury Treasury Department See United States Mint NOTICES Interest Rate Paid on Cash Deposited to Secure U.S.
Immigration and Customs Enforcement Immigration Bonds, 1597 2025-00066 U.S. Mint United States Mint NOTICES Pricing: 2025 United States Marine Corps 250th Anniversary Commemorative Coin Program and the 2025 Precious Metals Grid, 1597 2025-00203 Workers' Workers Compensation Programs Office NOTICES Hearings, Meetings, Proceedings, etc.: Advisory Board on Toxic Substances and Worker Health, 1547-1548 2025-00201 Separate Parts In This Issue Part II Environmental Protection Agency, 1600-1634 2024-30648 Part III Justice Department, 1636-1752 2024-31486 Part IV Housing and Urban Development Department, 1754-1797 2024-31621 Part V Consumer Product Safety Commission, 1800-1845 2024-30826 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. 90 5 Wednesday, January 8, 2025 Rules and Regulations CONSUMER FINANCIAL PROTECTION BUREAU 12 CFR Part 1083 Civil Penalty Inflation Adjustments AGENCY: Consumer Financial Protection Bureau. ACTION: Final rule. SUMMARY: The Consumer Financial Protection Bureau
(CFPB)is adjusting for inflation the maximum amount of each civil penalty within the CFPB's jurisdiction. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (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, 2025. FOR FURTHER INFORMATION CONTACT: George Karithanom, Regulatory Implementation & Guidance Program Analyst, Office of Regulations, at
(202)435-7700 or at: *https://reginquiries.consumerfinance.gov.* If you require this document in an alternative electronic format, please contact *CFPB_Accessibility@cfpb.gov.* 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 the civil penalty amounts within their jurisdictions for inflation not later than July 1, 2016, and then not later than January 15 every year thereafter. 4 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 CFPB published its interim final rule
(IFR)to make the initial catch-up adjustments to civil penalties within the CFPB's jurisdiction. 5 The June 2016 IFR created a new part 1083 and in part 1083.1 established the inflation-adjusted maximum amounts for each civil penalty within the CFPB's jurisdiction. 6 The CFPB finalized the IFR on January 31, 2019. 7 1 Public Law 101-410, 104 Stat. 890. 2 Public Law 104-134, sec. 31001(s)(1), 110 Stat. 1321, 1321-373. 3 Public Law 114-74, sec. 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; 28 U.S.C. 2461 note. 5 81 FR 38569 (June 14, 2016). Although the CFPB was not obligated to solicit comment for the interim final rule, the CFPB invited public comment and received none. 6 *See* 12 CFR 1083.1. 7 84 FR 517 (Jan. 31, 2019). 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). 8 The CFPB annually adjusted its civil penalty amounts, as required by the Act. 9 8 Inflation Adjustment Act section 4, codified at 28 U.S.C. 2461 note. As discussed in guidance issued by the Director of the Office of Management and Budget (OMB), the APA generally requires notice, an opportunity for comment, and a delay in effective date for certain rulemakings, but the Inflation Adjustment Act provides that these procedures are not required for agencies to issue regulations implementing the annual adjustment. *See* Memorandum for the Heads of Exec. Dep'ts & Agencies from Shalanda D. Young, Director, Implementation of Penalty Inflation Adjustments for 2025, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Off. of Mgmt. & Budget (Dec. 17, 2024), *https://www.whitehouse.gov/wp-content/uploads/2024/12/M-25-02.pdf* [hereinafter Young Memo]. 9 *See* 82 FR 3601 (Jan. 12, 2017); 83 FR 1525 (Jan. 12, 2018); 84 FR 517 (Jan. 31, 2019); 85 FR 2012 (Jan. 14, 2020); 86 FR 3767 (Jan. 15, 2021); 87 FR 2314 (Jan. 14, 2022); 88 FR 1 (Jan. 3, 2023); 89 FR 1787 (Jan. 11, 2024). Specifically, the Inflation Adjustment Act directs Federal agencies to adjust annually each civil penalty provided by law within the jurisdiction of each agency by the “cost-of-living adjustment.” 10 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. 11 The Director of the Office of Management and Budget
(OMB)is required to issue guidance (OMB Guidance) every year by December 15 to agencies on implementing the annual civil penalty inflation adjustments. 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. 12 The adjustments are designed to keep pace with inflation so that civil penalties retain their deterrent effect and promote compliance with the law. 13 10 Inflation Adjustment Act sections 4 and 5, codified at 28 U.S.C. 2461 note. 11 Inflation Adjustment Act sections 3 and 5, codified at 28 U.S.C. 2461 note. 12 Inflation Adjustment Act section 5, codified at 28 U.S.C. 2461 note; *see also* Young Memo. 13 *See* Inflation Adjustment Act section 2, codified at 28 U.S.C. 2461 note. For the 2025 annual adjustment, the multiplier reflecting the “cost-of-living adjustment” is 1.02598. II. Adjustment Pursuant to the Inflation Adjustment Act and OMB Guidance, the CFPB multiplied each of its civil penalty amounts by the “cost-of-living adjustment” multiplier and rounded to the nearest dollar. 14 The new penalty amounts that apply to civil penalties assessed after January 15, 2025, are as follows: 14 Inflation Adjustment Act section 4, codified at 28 U.S.C. 2461 note. Law Penalty description Penalty amounts established under 2024 final rule OMB “cost-of-living adjustment” multiplier New penalty amount 15 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(A) Tier 1 penalty $7,034 1.02598 $7,217 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(B) Tier 2 penalty 35,169 1.02598 36,083 Consumer Financial Protection Act, 12 U.S.C. 5565(c)(2)(C) Tier 3 penalty 1,406,728 1.02598 1,443,275 Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1717a(a)(2) Per violation 2,451 1.02598 2,515 Interstate Land Sales Full Disclosure Act, 15 U.S.C. 1717a(a)(2) Annual cap 2,449,575 1.02598 2,513,215 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(1) Per failure 115 1.02598 118 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(1) Annual cap 230,464 1.02598 236,451 Real Estate Settlement Procedures Act, 12 U.S.C. 2609(d)(2)(A) Per failure, where intentional 230 1.02598 236 SAFE Act, 12 U.S.C. 5113(d)(2) Per violation 35,516 1.02598 36,439 Truth in Lending Act, 15 U.S.C. 1639e(k)(1) First violation 14,069 1.02598 14,435 Truth in Lending Act, 15 U.S.C. 1639e(k)(2) Subsequent violations 28,135 1.02598 28,866 III. Procedural Requirements 15 Numbers may not multiply to totals shown because of rounding. A. Administrative Procedure Act Under the APA, notice and opportunity for public comment are not required if the CFPB finds that notice and public comment are impracticable, unnecessary, or contrary to the public interest. 16 The 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 civil penalties annually notwithstanding section 553 of the APA, 17 and OMB Guidance reaffirms that agencies need not complete a notice-and-comment process before making the annual adjustments for inflation. 18 For these reasons, the CFPB has determined that publishing a notice of proposed rulemaking and providing opportunity for public comment are unnecessary. The amendments therefore are adopted in final form. 16 5 U.S.C. 553(b)(B). 17 Inflation Adjustment Act section 4, codified at 28 U.S.C. 2461 note. 18 Young Memo. 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. 19 At minimum, the CFPB believes the annual adjustments to the civil penalty amounts in § 1083.1(a) fall under the third exception to section 553(d). The CFPB finds that there is good cause to make the amendments effective on January 15, 2025. The amendments to § 1083.1(a) 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 each year. Moreover, the Inflation Adjustment Act directs agencies to adjust the civil penalties annually notwithstanding section 553 of the APA, 20 and OMB Guidance reaffirms that agencies need not provide a delay in effective date for the annual adjustments for inflation. 21 19 5 U.S.C. 553(d). 20 Inflation Adjustment Act section 4, codified at 28 U.S.C. 2461 note. 21 Young Memo. B. Regulatory Flexibility Act The Regulatory Flexibility Act
(RFA)does not apply to a rulemaking where a general notice of proposed rulemaking is not required. 22 As noted previously, the CFPB has determined that it is unnecessary to publish a general notice of proposed rulemaking for this final rule. Accordingly, the RFA's requirements relating to an initial and final regulatory flexibility analysis do not apply. 22 5 U.S.C. 603(a), 604(a). C. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995, 23 the CFPB reviewed this final rule. The CFPB has determined that this rule does not create any new information collections or substantially revise any existing collections. 23 44 U.S.C. 3506; 5 CFR part 1320. D. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 *et seq.* ), the CFPB will submit a report containing this rule and other required information to the United States Senate, the United States House of Representatives, and the Comptroller General of the United States prior to the rule taking effect. The Office of Information and Regulatory Affairs
(OIRA)has designated this rule as not a “major rule” as defined by 5 U.S.C. 804(2). 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 CFPB 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 Adjustment 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: Table 1 to Paragraph ( a ) Law Penalty description Adjusted maximum civil penalty amount 12 U.S.C. 5565(c)(2)(A) Tier 1 penalty $7,217 12 U.S.C. 5565(c)(2)(B) Tier 2 penalty 36,083 12 U.S.C. 5565(c)(2)(C) Tier 3 penalty 1,443,275 15 U.S.C. 1717a(a)(2) Per violation 2,515 15 U.S.C. 1717a(a)(2) Annual cap 2,513,215 12 U.S.C. 2609(d)(1) Per failure 118 12 U.S.C. 2609(d)(1) Annual cap 236,451 12 U.S.C. 2609(d)(2)(A) Per failure, where intentional 236 12 U.S.C. 5113(d)(2) Per violation 36,439 15 U.S.C. 1639e(k)(1) First violation 14,435 15 U.S.C. 1639e(k)(2) Subsequent violations 28,866
(b)The adjustments in paragraph
(a)of this section shall apply to civil penalties assessed after January 15, 2025, whose associated violations occurred on or after November 2, 2015. Brian Shearer, Assistant Director, Office of Policy Planning and Strategy, Consumer Financial Protection Bureau. [FR Doc. 2025-00167 Filed 1-7-25; 8:45 am]
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