1514 Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / Notices 

1Pub. L. 101–410, 104 Stat. 890 (October 5, 1990), 

codified at 28 U.S.C. 2461 note. 

2Pub. L. 104–134, title III, section 31001(s), 110 

Stat. 1321–373 (April 26, 1996), codified at 28 

U.S.C. 2461 note. 

3Under 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 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311). 

• Pesticide manufacturing (NAICS 

code 32532). 

This listing is not intended to be 

exhaustive, but rather provides a guide 

for readers regarding entities likely to be 

affected by this action. Other types of 

entities not listed in this unit could also 

be affected. The North American 

Industrial Classification System 

(NAICS) codes have been provided to 

assist you and others in determining 

whether this action might apply to 

certain entities. If you have any 

questions regarding the applicability of 

this action to a particular entity, consult 

the person listed under FOR FURTHER

INFORMATION CONTACT. 

B. What Should I Consider as I Prepare 

My Comments for EPA? 

1. Submitting CBI. Do not submit this 

information to EPA through 

regulations.gov or e-mail. Clearly mark 

the part or all of the information that 

you claim to be CBI. For CBI 

information in a disk or CD ROM that 

you mail to EPA, mark the outside of the 

disk or CD ROM as CBI and then 

identify electronically within the disk or 

CD ROM the specific information that is 

claimed as CBI. In addition to one 

complete version of the comment that 

includes information claimed as CBI, a 

copy of the comment that does not 

contain the information claimed as CBI 

must be submitted for inclusion in the 

public docket. Information so marked 

will not be disclosed except in 

accordance with procedures set forth in 

40 CFR part 2. 

2. Tips for preparing your comments. 

When submitting comments, remember 

to: 

i. Identify the document by docket ID 

number and other identifying 

information (subject heading, Federal 

Register date and page number). 

ii. Follow directions. The Agency may 

ask you to respond to specific questions 

or organize comments by referencing a 

Code of Federal Regulations (CFR) part 

or section number. 

iii. Explain why you agree or disagree; 

suggest alternatives and substitute 

language for your requested changes. 

iv. Describe any assumptions and 

provide any technical information and/ 

or data that you used. 

v. If you estimate potential costs or 

burdens, explain how you arrived at 

your estimate in sufficient detail to 

allow for it to be reproduced. 

vi. Provide specific examples to 

illustrate your concerns and suggest 

alternatives. 

vii. Explain your views as clearly as 

possible, avoiding the use of profanity 

or personal threats. 

viii. Make sure to submit your 

comments by the comment period 

deadline identified. 

II. What Action is the Agency Taking? 

EPA is printing a summary of each 

pesticide petition received under 

section 408 of the Federal Food, Drug, 

and Cosmetic Act (FFDCA), 21 U.S.C. 

346a, proposing the establishment or 

amendment of regulations in 40 CFR 

part 180 for residues of pesticide 

chemicals in or on various food 

commodities. EPA has determined that 

this pesticide petition contains data or 

information regarding the elements set 

forth in FFDCA section 408(d)(2); 

however, EPA has not fully evaluated 

the sufficiency of the submitted data at 

this time or whether the data support 

granting of the pesticide petition. 

Additional data may be needed before 

EPA rules on this pesticide petition. 

Pursuant to 40 CFR 180.7(f), a 

summary of the petition included in this 

notice, prepared by the petitioner along 

with a description of the analytical 

method available for the detection and 

measurement of the pesticide chemical 

residues is available on EPA’s Electronic 

Docket at http://www.regulations.gov. 

To locate this information on the home 

page of EPA’s Electronic Docket, select 

‘‘Quick Search’’ and type the OPP 

docket ID number. Once the search has 

located the docket, clicking on the 

‘‘Docket ID’’ will bring up a list of all 

documents in the docket for the 

pesticide including the petition 

summary. 

Exemption from Tolerance 

(PP) 3G6547. Syngenta Seeds, Inc., 

3054 Cornwallis Road, Research 

Triangle Park, NC 27709-2257, proposes 

a time-extension for 3 years until May 

1, 2010, for the current exemption from 

the requirement of a tolerance for 

residues of the biopesticide, Bacillus 

thuringiensis VIP3A913 protein and the 

genetic material necessary for its 

production, in or on the commodity 

cotton. Because this petition is a request 

for an exemption from the requirement 

of a tolerance without numerical 

limitations, no analytical method is 

required. 

List of Subjects 

Environmental protection, 

Agricultural commodities, Feed 

additives, Food additives, Pesticides 

and pests, Reporting and recordkeeping 

requirements. 

Dated: December 21, 2006. 

Janet L. Andersen 

Director, Biopesticides and Pollution 

Prevention Division, Office of Pesticide 

Programs. 

[FR Doc. E7–253 Filed 1–11–07; 8:45 am] 

BILLING CODE 6560–50–S 

FARM CREDIT SYSTEM INSURANCE 

CORPORATION 

Adjusting Civil Money Penalties for 

Inflation 

AGENCY: Farm Credit System Insurance 

Corporation. 

ACTION: Notice. 

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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Federal Register / Vol. 72, No. 8 / Friday, January 12, 2007 / Notices 1515 

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. 4The 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. 

5Any 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. 

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. 

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-ofliving 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. 

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. 2277a14(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 

§ 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. 

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 

FEDERAL HOUSING FINANCE BOARD 

[No. 2007–N–02] 

Notice of Annual Adjustment of the 

Cap on Average Total Assets That 

Defines Community Financial 

Institutions; Notice of Annual 

Adjustment of the Limits on Annual 

Compensation for Federal Home Loan 

Bank Directors 

AGENCY: Federal Housing Finance 

Board. 

ACTION: Notice. 

SUMMARY: The Federal Housing Finance 

Board (Finance Board) has adjusted the 

cap on average total assets that defines 

a ‘‘Community Financial Institution’’

and the limits on annual compensation 

for Federal Home Loan Bank (Bank) 

directors based on the annual 

percentage increase in the Consumer 

Price Index for all urban consumers 

(CPI–U) as published by the Department 

of Labor (DOL). These changes took 

effect on January 1, 2007. 

FOR FURTHER INFORMATION CONTACT: 

Patricia L. Sweeney, Office of 

Supervision, by telephone at 202–408–

2872, by electronic mail at 

sweeneyp@fhfb.gov, or by regular mail 

at the Federal Housing Finance Board, 

1625 Eye Street, NW., Washington DC 

20006–4001. 

SUPPLEMENTARY INFORMATION: 

A. Statutory and Regulatory 

Background 

Section 2(13) of the Federal Home 

Loan Bank Act (Bank Act) and § 925.1 

of the Finance Board regulations define 

a member that is a ‘‘Community 

Financial Institution’’ (CFI) by the 

member’s total asset size. See 12 U.S.C. 

1422(13)(A) and 12 CFR 925.1. The 

Bank Act requires the Finance Board 

annually to adjust the CFI asset cap to 

reflect any percentage increase in the 

preceding year’s CPI–U as published by 

the DOL. See 12 U.S.C. 1422(13)(B). 

Section 7(i)(2)(B) of the Bank Act and 

§ 918.3(a)(1) of the Finance Board 

regulations require the Finance Board to 

make similar annual adjustments to the 

annual compensation limits for 

members of the boards of directors of 

the Banks. See 12 U.S.C. 1427(i)(2) and 

12 CFR 918.3(a). 

Effective January 1, 2007, the CPI 

adjustment provisions in the Affordable 

Housing Program (AHP) regulation were 

removed. See 71 FR 59262 (Oct. 6, 2006) 

(12 CFR 951.3(a)(1)(iii) and 951.3(a)(2) 

(removed)). The revised provisions of 

the AHP regulation are located at 12 

CFR 951.2(b)(2)(i) and (b)(3). As a result, 

this notice does not include any CPI 

adjustments under the AHP regulation. 

B. Calculating the Annual Adjustments 

The annual adjustments to the CFI 

asset cap and Bank director 

compensation limits reflect the 

percentage by which the CPI–U 

published for November of the 

preceding calendar year exceeds the 

CPI–U published for November of the 

year before the preceding calendar year 

(if at all). Thus, the adjustments that 

took effect on January 1, 2007, were 

based on the percentage increase in the 

CPI–U from November 2005 to 

November 2006. The Finance Board 

uses November data to provide notice of 

the changes to the annual limits before 

the January 1st effective date. This 

practice is consistent with that of other 

federal agencies. 

The DOL encourages use of CPI–U 

data that has not been seasonally 

adjusted in ‘‘escalation agreements’’

because seasonal factors are updated 

annually and seasonally adjusted data 

are subject to revision for up to 5 years 

following the original release. 


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