[Federal Register Volume 72, Number 8 (Friday, January 12, 2007)]
[Notices]
[Pages 1514-1515]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: E7-359]


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FARM CREDIT SYSTEM INSURANCE CORPORATION


Adjusting Civil Money Penalties for Inflation

AGENCY: Farm Credit System Insurance Corporation.

ACTION: Notice.

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SUMMARY: This notice assesses the need for cost-of-living adjustments 
to the civil money penalties (CMPs) that the Farm Credit System 
Insurance Corporation (FCSIC) may impose under the Farm Credit Act of 
1971, as amended. The Federal Civil Penalties Inflation Adjustment Act 
of 1990, as amended by the Debt Collection Improvement Act of 1996, 
requires all Federal agencies with statutory authority to impose CMPs, 
to regularly evaluate those CMPs and to adjust them periodically for 
inflation, so they continue to maintain their deterrent value. 
Consequently, FCSIC is issuing this notice concerning any required 
adjustments to the CMPs.

FOR FURTHER INFORMATION CONTACT: Alan Glenn, Director of Risk 
Management, Farm Credit System Insurance Corporation, McLean, VA 22102, 
(703) 883-4384, TTY (703) 883-4390; or Jane M. Virga, Senior Counsel, 
Office of General Counsel, Farm Credit Administration, McLean, VA 
22102-5090, (703) 883-4020, TTY (703) 883-4020.

SUPPLEMENTARY INFORMATION:

Background

A. Statutes Concerning Inflation Adjustment of Civil Money Penalties

    The Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIA 
Act),\1\ as amended by the Debt Collection Improvement Act of 1996 
(DCIA),\2\ provides for the regular evaluation of CMPs and requires 
FCSIC, and every Federal agency with authority to impose CMPs,\3\ to 
ensure that CMPs continue to

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maintain their deterrent values. An agency must enact regulations that 
adjust its CMPs pursuant to the inflation adjustment formula of the 
FCPIA Act. The amended FCPIA Act specifies that inflation-adjusted CMPs 
will apply only to violations that occur after the effective date of 
the adjustment.
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    \1\ Pub. L. 101-410, 104 Stat. 890 (October 5, 1990), codified 
at 28 U.S.C. 2461 note.
    \2\ Pub. L. 104-134, title III, section 31001(s), 110 Stat. 
1321-373 (April 26, 1996), codified at 28 U.S.C. 2461 note.
    \3\ Under the amended FCPIA Act, a CMP is defined 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. All three requirements must be met for a fine to be 
defined as a CMP.
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    The inflation adjustment is based on the percentage increase in the 
Consumer Price Index (CPI) for all consumers (CPI-U).\4\ Specifically, 
the term cost-of-living adjustment is defined as the percentage (if 
any) for each civil monetary penalty by which the Consumer Price Index 
for the month of June of the calendar year preceding the adjustment, 
exceeds the Consumer Price Index for the month of June of the calendar 
year in which the amount of such civil monetary penalty was last set or 
adjusted pursuant to law. Furthermore, any increase to a CMP that is 
adjusted for inflation must be rounded using a method prescribed by the 
FCPIA Act. Agencies do not have discretion in choosing whether to 
adjust a CMP, by how much to adjust a CMP, or the methods used to 
determine the adjustment.
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    \4\ The CPI is published by the Department of Labor, Bureau of 
Labor Statistics, and is available at its Web site: ftp://ftp.bls.gov/pub/special.requests/cpi/cpiai.txt.
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B. CMPs Imposed Pursuant to Section 5.65 of the Farm Credit Act

    First, section 5.65(c) of the Farm Credit Act, as amended (Act) 
provides that any insured Farm Credit System bank that willfully fails 
or refuses to file any certified statement or pay any premium required 
under this part shall be subject to a penalty of not more than $100 for 
each day that such violations continue, which penalty the Corporation 
may recover for its use. 12 U.S.C. 2277a-14(c). Second, section 5.65(d) 
of the Act provides that, except with the prior written consent of the 
Farm Credit Administration, it shall be unlawful for any person 
convicted of any criminal offense involving dishonesty or a breach of 
trust to serve as a director, officer, or employee of any System 
institution. 12 U.S.C. 2277a-14(d). For each willful violation of 
section 5.65(d), the institution involved shall be subject to a penalty 
of not more than $100 for each day during which the violation 
continues, which the Corporation may recover for its use.
    As adjusted for inflation pursuant to the requirements of the DCIA, 
the current regulation at 12 CFR 1411.1, which was promulgated in 2001, 
provides that FCSIC can impose a maximum penalty of $117 per day for a 
violation under section 5.65(c) and (d) of the Act.
1. Mathematical Calculation
    The adjustment calculation will be based on the percentage by which 
the CPI for June 2006 exceeds the CPI for June 2001.
    According to the Bureau of Labor Statistics, the CPI for June 2001 
was 178, and the CPI for June 2006 was 202.9, resulting in a percentage 
change of 14.0 percent.
2. Penalty Amounts Remain the Same in Sec.  1411.1
    The maximum CMP in 12 CFR 1411.1 for a violation of section 5.65(c) 
or (d) of the Act is currently $117. Multiplying $117 by 14 percent 
results in $16.38. When that number is rounded as required by the FCPIA 
Act,\5\ the inflation-adjusted maximum remains the same.
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    \5\ Any increase must be rounded to the nearest multiple of $100 
in the case of penalties greater than $100 but less than or equal to 
$1,000. Therefore, $16.38 is rounded to the nearest multiple of 
$100, which is $0.

    Dated: January 9, 2007.
 Roland Smith,
Secretary, Farm Credit System Insurance Corporation Board.
 [FR Doc. E7-359 Filed 1-11-07; 8:45 am]
BILLING CODE 6710-01-P