+--------+---+-----------------------------+--------+-----------------+---+
| # O    | # |                             |        |                 | # |
|        | # |                             |        |                 |   |
| ##     | # |                             |        |                 |   |
|        | # |                             |        |                 | # |
|        |   |                             |        |                 |   |
|        | O |                             |        |                 |   |
|        | C |                             |        |                 | # |
|        | C |                             |        |                 | # |
|        |   |                             |        |                 |   |
|        | 2 |                             |        |                 |   |
|        | 0 |                             |        |                 |   |
|        | 0 |                             |        |                 |   |
|        | 4 |                             |        |                 |   |
|        | - |                             |        |                 |   |
|        | 5 |                             |        |                 |   |
|        | 3 |                             |        |                 |   |
+--------+---+-----------------------------+--------+-----------------+---+
|        | * |                             |        |                 |   |
|        | * |                             |        |                 |   |
|        | O |                             |        |                 |   |
|        | C |                             |        |                 |   |
|        | C |                             |        |                 |   |
|        | B |                             |        |                 |   |
|        | U |                             |        |                 |   |
|        | L |                             |        |                 |   |
|        | L |                             |        |                 |   |
|        | E |                             |        |                 |   |
|        | T |                             |        |                 |   |
|        | I |                             |        |                 |   |
|        | N |                             |        |                 |   |
|        | * |                             |        |                 |   |
|        | * |                             |        |                 |   |
+--------+---+-----------------------------+--------+-----------------+---+
| ## Com |   |                             |        |                 |   |
| ptroll |   |                             |        |                 |   |
| er of  |   |                             |        |                 |   |
| the Cu |   |                             |        |                 |   |
| rrency |   |                             |        |                 |   |
|        |   |                             |        |                 |   |
| > A    |   |                             |        |                 |   |
| dminis |   |                             |        |                 |   |
| trator |   |                             |        |                 |   |
| > of   |   |                             |        |                 |   |
| > Na   |   |                             |        |                 |   |
| tional |   |                             |        |                 |   |
| >      |   |                             |        |                 |   |
|  Banks |   |                             |        |                 |   |
+--------+---+-----------------------------+--------+-----------------+---+
| ## Su  |   | Civil Money Penalty         | ##     | ## Final Rule   |   |
| bject: |   | Inflation-adjustment        | Descri |                 |   |
|        |   | Amendment                   | ption: |                 |   |
+--------+---+-----------------------------+--------+-----------------+---+

**TO**: Chief Executive Officers of All National Banks, Federal Branches
and Agencies, Department and Division Heads, and All Examining Personnel

On November 10, 2004, the Office of the Comptroller of the Currency
(OCC) published in the *Federal Register* the attached final rule
amending its rules of practice and procedure to adjust the maximum
amount of each civil money penalty (CMP) within its jurisdiction. The
effective date of the adjustments is December 10, 2004. The adjustments
apply only to violations that occur after that date.

The Inflation Adjustment Act requires the OCC, as well as other federal
agencies with CMP authority, to publish regulations to adjust each CMP
authorized by law that the agency has jurisdiction to administer. The
purpose of these adjustments is to maintain the deterrent effect of CMPs
and to promote compliance with the law. The Inflation Adjustment Act
requires the adjustments to be made at least once every four years
following the initial adjustment. The OCC's prior adjustment to each CMP
was published in the *Federal Register* and became effective on December
11, 2000. The rule revises the table that appears at 12 CFR 19.240. The
table identifies the statutes that provide the OCC with CMP authority,
describes the different tiers of penalties provided in each statute (as
applicable), and sets out the inflation-adjusted maximum penalty that
the OCC may impose pursuant to each statutory provision.

The final rule also makes a technical correction to correct a numbering
error. The final rule amends subpart O by combining sections 19.240 and
19.241 into section 19.240 and removes 19.241 from subpart O. Revised
section 19.240 is divided into paragraphs (a) and (b). Former section
19.240 becomes paragraph (a) and former section 19.241 becomes paragraph
(b). Section 19.241 in subpart P is unchanged.

For further information, contact Jean Campbell, senior attorney,
Legislative and Regulatory Activities Division at (202) 874-5090.

\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_\_

Daniel P. Stipano

Acting Chief Counsel

Attachment: [69 FR 65067](../../../fr/fedregister/69fr65067.pdf)

\[http://www.occ.treas.gov/fr/fedregister/69fr65067.pdf\]