65100 Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Rules and Regulations 

1The FCPIAA, Public Law 101–410 (1990), and 

the relevant amendments to the FCPIAA contained 

in the DCIA, Public Law 104–134 (1996), is codified 

at 28 U.S.C. 2461 note. 

2The DCIA also requires that the range of 

minimum and maximum CMPs be adjusted, if 

applicable. For the relevant CMPs within the 

Commission’s jurisdiction, the Act provides only 

for maximum amounts that can be assessed for each 

violation of the Act or the rules, regulations and 

orders promulgated thereunder; the Act does not set 

forth any minimum penalties. Therefore, the 

remainder of this release will refer only to CMP 

maximums. 

3Specifically, the FCPIAA states that the purpose 

of the FCPIAA is to establish a mechanism that 

shall allow for regular adjustment for inflation of 

civil monetary penalties; maintain the deterrent 

effect of civil monetary penalties and promote 

compliance with the law; and improve the 

collection by the Federal Government of civil 

monetary penalties. 

4See Dodd-Frank Act, Public Law 111–203, 124 

Stat. 1376 (2010). The text of the Dodd-Frank Act 

may be accessed at http://www.cftc.gov/ 

LawRegulation/OTCDERIVATIVES/index.htm. 

5Prohibition of Employment, or Attempted 

Employment, of Manipulative and Deceptive 

Devices and Prohibition on Price Manipulation, 76 

FR 41398 (July 14, 2011) (implementing Section 753 

of the CEA; effective August 15, 2011). 

6 7 U.S.C. 9, 13a, 13a–1, 13b. 

7 7 U.S.C. 9. 

8The term ‘‘registered entity’’ is a defined term 

under the CEA. Section 1a(40) provides that the 

term ‘‘registered entity’’ means a board of trade 

designated as a contract market under section 7 of 

the CEA; a derivatives clearing organization 

registered under section 7a–1 of the CEA; a board 

of trade designated as a contract market under 

section 7b–1 of the CEA; a swap execution facility 

registered under section 7b–3 of the CEA; a swap 

data repository registered under section 24a of the 

CEA; and with respect to a contract that the 

Commission determines is a significant price 

discovery contract, any electronic trading facility on 

which the contract is executed or traded. 7 U.S.C. 

1a(40). 

9 7 U.S.C. 13b. 

10 7 U.S.C. 13a. 

Commission’s Rules of Practice. A 

footnote in the document contained an 

incorrect citation to the Commodity 

Futures Trading Commission. This 

notice corrects this error. 

DATES: Effective November 9, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Kenny A. Wright (202–326–2907), FTC, 

Office of the General Counsel, 600 

Pennsylvania Avenue NW., Washington, 

DC 20580. 

SUPPLEMENTARY INFORMATION: 

Correction 

In the Federal Register of September 

27, 2012, in FR Doc. 2012–23691, on 

page 59303, the second column, remove 

‘‘8 CFR 1003.104’’ from the fourth line 

of footnote 74 (continued) and add ‘‘17 

CFR 14.8’’ in its place. 

Donald S. Clark, 

Secretary. 

[FR Doc. 2012–26170 Filed 10–24–12; 8:45 am] 

BILLING CODE 6750–01–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 143 

RIN 3038–AD76 

Adjustment of Civil Monetary Penalties 

for Inflation 

AGENCY: Commodity Futures Trading 

Commission 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (Commission) is 

amending its rule that governs the 

maximum amount of civil monetary 

penalties, to adjust for inflation. This 

rule sets forth the maximum, inflationadjusted dollar amount for civil 

monetary penalties (CMPs) assessable 

for violations of the Commodity 

Exchange Act (CEA) and Commission 

rules, regulations and orders 

thereunder. The rule, as amended, 

implements the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended by the Debt Collection 

Improvement Act of 1996. 

DATES: Effective Date: This final rule 

will become effective October 25, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Edward J. Riccobene, Associate Chief 

Counsel, Division of Enforcement, at 

(202) 418–5327 or ericcobene@cftc.gov, 

Commodity Futures Trading 

Commission, 1155 21st Street NW., 

Washington, DC 20581. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act of 1990 (FCPIAA), as 

amended by the Debt Collection 

Improvement Act of 1996 (DCIA),1

requires the head of each Federal agency 

to adjust by regulation, at least once 

every four years, the maximum amount 

of CMPs provided by law within the 

jurisdiction of that agency by the cost of 

living adjustment defined in the 

FCPIAA, as amended.2 Because one of 

the purposes of the inflation 

adjustments includes maintaining the 

deterrent effect of CMPs and promoting 

compliance with the law, the 

Commission monitors the impact of 

inflation on its CMP maximums and 

adjusts them as needed to implement 

the requirements and purposes of the 

FCPIAA.3

On July 21, 2010, President Obama 

signed the Dodd-Frank Wall Street 

Reform and Consumer Protection Act 

(Dodd-Frank Act) into law.4 Section 753 

of the Dodd-Frank Act set maximum 

CMPs for Sections 6(c) and 6(d) of the 

CEA, 7 U.S.C. 9, 13b. Section 753 of the 

Dodd-Frank Act is effective August 15, 

2011, the effective date for the 

Commission’s rules implementing this 

section.5

II. Commodity Exchange Act Civil 

Monetary Penalties 

The inflation adjustment requirement 

applies to any penalty, fine or other 

sanction that is for a specific monetary 

amount as provided by Federal law; or 

has a maximum amount provided for by 

Federal law; and is assessed or enforced 

by an agency pursuant to Federal law; 

and is assessed or enforced pursuant to 

an administrative proceeding or a civil 

action in the Federal courts. [28 U.S.C. 

2461 note.] The CEA provides for CMPs 

that meet the above definition and are, 

therefore, subject to the inflation 

adjustment in the following instances: 

Sections 6(c), 6(d), 6b, and 6c of the 

CEA.6

Section 6(c) of the CEA, as amended 

by Section 753(a) of the Dodd-Frank 

Act, sets the maximum CMP that may be 

imposed by the Commission in an 

administrative proceeding on ‘‘any 

person (other than a registered entity)’’ 

for: (1) Each violation of Section 6(c) of 

the CEA ‘‘or any other provisions of 

[the] Act or of the rules, regulations, or 

orders of the Commission thereunder’’ 

to the greater of $140,000 or triple the 

monetary gain to the violator; and (2) 

any ‘‘manipulation or attempted 

manipulation in violation of’’ Section 

6(c) or 9(a)(2) of the CEA to the greater 

of $1,000,000 or triple the monetary 

gain to the violator.7

Section 6(d) of the CEA, as amended 

by Section 753(b) of the Dodd-Frank 

Act, sets the maximum CMP that may be 

imposed by the Commission in an 

administrative proceeding on ‘‘any 

person (other than a registered entity 8)’’ 

for violations of the CEA ‘‘or any other 

provisions of [the CEA] or of the rules, 

regulations, or orders of the Commission 

thereunder’’ to ‘‘the greater of $140,000 

or triple the monetary gain’’ to the 

violator.9

Section 6b of the CEA provides that 

the Commission in an administrative 

proceeding may impose a CMP on: (1) 

any registered entity for not enforcing or 

has not enforced its rules of government 

made a condition of its designation or 

registration’’ as set forth in the CEA, or 

(2) ‘‘any registered entity, or any 

director, officer, agent, or employee of 

any registered entity,’’ for violations of 

the CEA ‘‘or any rules, regulations, or 

orders of the Commission 

thereunder.’’ 10 For each violation for 

which a CMP is assessed pursuant to 


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Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Rules and Regulations 65101 

11 17 CFR 143.8(a)(3). 

12 7 U.S.C. 13a–1. 

13 17 CFR 143.8(a)(2). 

14The Consumer Price Index means the 

Consumer Price Index for all urban consumers 

published by the Department of Labor. Interested 

parties may find the relevant Consumer Price Index 

on the Internet. To access this information, go to the 

Consumer Price Index Home Page at: http:// 

www.bls.gov/cpi/. Under the ‘‘CPI Databases’’ 

heading, select ‘‘CPI—All Urban Consumers 

(Current Series)’’, ‘‘Top Picks.’’ Then check the box 

for ‘‘U.S. All Items, 1967 = 100–CUUR0000AA0’’, 

and click the ‘‘Retrieve data’’ button. 

15See Adjustment of Civil Monetary Penalties for 

Inflation, 73 FR 57512 (Oct. 3, 2008) (effective Oct. 

23, 2008). 

16The CPI for June 2011 was 676.162, and the CPI 

for June 2008 was 655.474. Therefore, the relevant 

inflation adjustment factor for Sections 6(c) and 

6(d) of the Act equals 676.162 divided by 676.162, 

which is 0.0 for computational purposes, and for 

Sections 6b and 6c equals 676.162 divided by 

655.474, which is 0.0316 for computational 

purposes. 

17The FCPIAA, as amended by the DCIA, 

provides in relevant part that any increase shall be 

rounded to the nearest multiple of $10,000 in the 

case of penalties greater than $100,000 but less than 

or equal to $200,000; and multiple of $25,000 in the 

case of penalties greater than $200,000. 

18Because the inflation adjustment factor for 

these CMPs is 0.0, the CMP amounts are not 

required to be revised pursuant to FCPIAA. 

19Multiplying the CMP amounts by the inflation 

adjustment factor results in a raw adjustment 

amount of $31,562 for manipulation and attempted 

manipulation violations (0.03156 × $1,000,000), and 

a raw adjustment amount of $21,304 for all other 

violations (0.03156 × $675,000). Because the CMP 

amounts are greater than $200,000, the raw 

adjustment amounts must be rounded to the nearest 

$25,000, which results in a final adjustment amount 

of $25,000 for all violations, including 

manipulation and attempted manipulation 

violations. 

20Multiplying the CMP amounts by the inflation 

adjustment factor results in a raw adjustment 

amount of $31,562 for manipulation and attempted 

manipulation violations (0.03156 × $1,000,000), and 

a raw adjustment amount of $3,156 for all other 

violations (0.03156 × $140,000). Because the CMP 

amount for manipulation and attempted 

manipulation violations is greater than $200,000, 

the raw adjustment amount must be rounded to the 

nearest $25,000, which results in a final adjustment 

amount of $25,000 for these violations. Because the 

CMP amount for all other violations is less than 

$200,000, the raw adjustment amount must be 

rounded to the nearest $10,000, which results in a 

final adjustment amount of $0 for these violations. 

21See also Landgraf v. USI Film Products, 511 

U.S. 244 (1994) (holding that there is a presumption 

against retroactivity in changes to damage remedies 

or civil penalties in the absence of clear statutory 

language to the contrary). 

22The Commission has determined that the 

amendment to Rule 143.8 is exempt from the 

provisions of the Administrative Procedure Act, 5 

U.S.C. 553, which generally require notice of 

Continued 

Section 6b, Rule 143.8(a)(3) sets the 

current maximum penalty at: the greater 

of $1,000,000 or triple the monetary 

gain to such person for manipulation or 

attempted manipulation in violation of 

Section 6(c), 6(d), or 9(a)(2) of the CEA; 

and the greater of $675,000 or triple the 

monetary gain to such person for all 

other violations.11

Section 6c of the CEA provides that 

Commission may bring an action in the 

‘‘proper district court of the United 

States or the proper United States court 

of any territory or other place subject to 

the jurisdiction of the United States’’ 

and the court may impose on a CMP on 

‘‘any registered entity or other person’’ 

found by the court to have committed 

any violation of any provision of the 

CEA ‘‘or any rule, regulation, or order 

thereunder, or is restraining trading in 

any commodity for future delivery or 

any swap.’’ 12 For each violation for 

which a CMP is assessed pursuant to 

Section 6c(d), Rule 143.8(a)(2) sets the 

current maximum penalty at: the greater 

of $1,000,000 or triple the monetary 

gain to such person for manipulation or 

attempted manipulation in violation of 

Section 6(c), 6(d), or 9(a)(2) of the CEA; 

and the greater of $140,000 or triple the 

monetary gain to such person for all 

other violations.13

III. Cost-of-Living Adjustment for 

Commodity Exchange Act Civil 

Monetary Penalties 

A. Methodology 

The formula for determining the costof-living adjustment, first defined by the 

FCPIAA, and amended by the DCIA, 

consists of a four-step process. 

The first step entails determining the 

inflation adjustment factor. This is done 

by calculating the percentage increase 

by which the Consumer Price Index for 

all-urban consumers published by the 

Department of Labor (CPI) 14 for the 

month of June of the calendar year 

preceding the adjustment exceeds the 

CPI for the month of June of the 

calendar year in which the amount of 

such CMP was last set or adjusted 

pursuant to law. The CMPs for Sections 

6(c) and 6(d) of the CEA were last set 

by the Dodd-Frank Act, effective in the 

calendar year 2011. The CMPs for 

Sections 6b and 6c of the CEA were last 

set by Commission Rule, effective in the 

calendar year 2008.15 Accordingly, the 

inflation adjustment factor for Sections 

6(c) and 6(d) of the CEA equals the CPI 

for June 2011 (i.e., June of the year 

preceding this year) divided by that 

index for June 2011, and the inflation 

adjustment factor for Sections 6b and 6c 

of the CEA equals the CPI for June 2011 

divided by that index for June 2008.16

Second, the inflation adjustment 

factors are then multiplied by the 

current maximum CMPs to calculate the 

raw inflation increase. Third, this raw 

inflation increase is then rounded 

according to the guidelines set forth by 

the FCPIAA to calculate the final 

inflation increase.17 Fourth, the final 

inflation increase is added to the current 

CMP maximum to obtain the new CMP 

maximum penalty. 

B. Civil Monetary Penalty Adjustments 

In Commission actions pursuant to 

Sections 6(c) or (d) of the CEA, the 

amount set for the maximum CMP for 

manipulation or attempted 

manipulation violations is $1,000,000, 

and the amount set for the maximum 

CMP for all other violations is $140,000. 

Applying the CPI adjustment 

methodology, no adjustment to these 

CMP amounts is required.18

In Commission actions pursuant to 

Section 6b of the CEA, the amount set 

for the CMP for manipulation and 

attempted manipulation violations is 

$1,000,000 (or triple the monetary gain) 

and the amount set for the CMP for all 

other violations is $675,000 (or triple 

the monetary gain). Applying the CPI 

adjustment methodology, these CMP 

amounts must be increased by $25,000 

each, and the new CMP maximums are 

$1,025,000 (or triple the monetary gain) 

for manipulation and attempted 

manipulation violations, and $700,000 

(or triple the monetary gain) for all other 

violations.19

In Commission actions pursuant to 

Section 6c of the CEA, the amount set 

for the CMP for manipulation and 

attempted manipulation violations is 

$1,000,000 (or triple the monetary gain) 

and the amount set for the CMP for all 

other violations is $140,000 (or triple 

the monetary gain). Applying the CPI 

adjustment methodology, the CMP 

amount for manipulation and attempted 

manipulation violations must be 

increased by $25,000 to $1,025,000 (or 

triple the monetary gain), while the 

CMP amount for all other violations 

remains unchanged at $140,000 (or 

triple the monetary gain).20

The FCPIAA provides that ‘‘any 

increase under [FCPIAA] in a CMP shall 

apply only to violations which occur 

after the date the increase takes 

effect.’’ 21 Thus, the new CMP amounts 

may be applied only to violations of the 

CEA that occur after the effective date 

of this amendment, October 23, 2012. 

IV. Administrative Compliance 

A. Notice Requirement 

The notice and comment procedures 

of 5 U.S.C. 553 do not apply to this 

rulemaking because the Commission is 

acting herein pursuant to statutory 

language which mandates that the 

Commission act in a nondiscretionary 

matter. Lake Carriers’ Ass’n v. E.P.A., 

652 F.3d 1, 10 (DC Cir. 2011).22


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65102 Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Rules and Regulations 

proposed rulemaking and provide other 

opportunities for public participation, but excludes 

rules of agency practice, such as those found in part 

143 of the Commission’s regulations, and in 

particular rule 143.8 being revised herein. 

23 5 U.S.C. 601–612. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act 23

requires agencies with rulemaking 

authority to consider the impact of 

certain of their rules on small 

businesses. A regulatory flexibility 

analysis is only required for ‘‘rule[s] for 

which the agency publishes a general 

notice of proposed rulemaking pursuant 

to section 553(b) * * * or any other 

law.’’ As the Commission is not 

obligated by section 553(b) or any other 

law to publish a general notice of 

proposed rulemaking with respect to the 

revisions being made to regulation 

143.8, the Commission additionally is 

not obligated to conduct a regulatory 

flexibility analysis. 

C. Paperwork Reduction Act 

The Paperwork Reduction Act of 1995 

(PRA), 44 U.S.C. 3507(d), which 

imposes certain requirements on 

Federal agencies, including the 

Commission, in connection with their 

conducting or sponsoring any collection 

of information as defined by the PRA, 

does not apply to this rule. This rule 

amendment does not contain 

information collection requirements that 

require the approval of the Office of 

Management and Budget. 

D. Consideration of Costs and Benefits 

Section 15(a) of the CEA, 7 U.S.C. 

19(a), requires the Commission to 

consider the costs and benefits of its 

action before issuing a new regulation. 

Section 15(a) further specifies that costs 

and benefits shall be evaluated in light 

of five broad areas of market and public 

concern: (1) Protection of market 

participants and the public; (2) 

efficiency, competitiveness, and 

financial integrity of futures markets; (3) 

price discovery; (4) sound risk 

management practices; and (5) other 

public interest considerations. 

The Commission believes that 

benefits of this rulemaking greatly 

outweigh the costs, if any. As the 

Commission understands, the statutory 

provisions by which it is making costof-living adjustments to the civil money 

penalties in regulation 143.8 were 

enacted to ensure that civil money 

penalties do not lose their deterrence 

value because of inflation. An analysis 

of the costs and benefits of these 

adjustments were made before 

enactment of the statutory provisions 

under which the Commission is 

operating, and limit the discretion of the 

Commission to the extent that there are 

no regulatory choices the Commission 

could make that would supersede the 

pre-enactment analysis with respect to 

the five factors enumerated in section 

15(a), or any other factors. 

List of Subjects in 17 CFR Part 143 

Civil monetary penalties, Claims. 

In consideration of the foregoing and 

pursuant to authority contained in 

Sections 6(c), 6(d), 6b and 6c of the 

CEA, 7 U.S.C. 9, 13a, 13a–1(d), 13b, and 

28 U.S.C. 2461 note, the Commission 

hereby amends part 143 of chapter I of 

title 17 of the Code of Federal 

Regulations as follows: 

PART 143—COLLECTION OF CLAIMS 

OWED THE UNITED STATES ARISING 

FROM ACTIVITIES UNDER THE 

COMMISSION’S JURISDICTION 

■ 1. The authority citation for part 143 

continues to read as follows: 

Authority: 7 U.S.C. 9, 15, 9a, 12a(5), 13a, 

13a–1(d), 13(a), 13b; 31 U.S.C. 3701–3719; 28 

U.S.C. 2461 note. 

■ 2. Section 143.8 is amended by 

revising paragraph (a) to read as follows: 

§ 143.8 Inflation-adjusted civil monetary 

penalties. 

(a) Unless otherwise amended by an 

act of Congress, the inflation-adjusted 

maximum civil monetary penalty for 

each violation of the Commodity 

Exchange Act or the rules, regulations or 

orders promulgated thereunder that may 

be assessed or enforced under the 

Commodity Exchange Act in an 

administrative proceeding before the 

Commission or a civil action in Federal 

court will be: 

(1) For a civil penalty assessed 

pursuant to Section 6(c) of the 

Commodity Exchange Act, 7 U.S.C. 9, 

against any person (other than a 

registered entity): 

(i) For manipulation or attempted 

manipulation violations: 

(A) Committed on or after May 22, 

2008, not more than the greater of 

$1,000,000 or triple the monetary gain 

to such person for each such violation; 

and 

(ii) For all other violations: 

(A) Committed between November 27, 

1996 and October 22, 2000, not more 

than the greater of $110,000 or triple the 

monetary gain to such person for each 

such violation; 

(B) Committed between October 23, 

2000 and October 22, 2004, not more 

than the greater of $120,000 or triple the 

monetary gain to such person for each 

such violation; 

(C) Committed between October 23, 

2004 and October 22, 2008, not more 

than the greater of $130,000 or triple the 

monetary gain to such person for each 

such violation; and 

(D) Committed on or after October 23, 

2008, not more than the greater of 

$140,000 or triple the monetary gain to 

such person for each such violation; and 

(2) For a civil monetary penalty 

assessed pursuant to Section 6(d) of the 

Commodity Exchange Act, 7 U.S.C. 13b, 

against any person (other than a 

registered entity): 

(i) For violations committed on or 

after August 15, 2011, not more than the 

greater of $140,000 or triple the 

monetary gain to such person for each 

such violation; and 

(ii) [Reserved] 

(3) For a civil monetary penalty 

assessed pursuant to Section 6b of the 

Commodity Exchange Act, 7 U.S.C. 13a, 

against any registered entity or any 

director, officer, agent, or employee of 

any registered entity: 

(i) For manipulation or attempted 

manipulation violations: 

(A) Committed between May 22, 2008 

and August 14, 2011, not more than the 

greater of $1,000,000 or triple the 

monetary gain to such person for each 

such violation; 

(B) committed on or after August 15, 

2011, not more than the greater of 

$1,025,000 or triple the monetary gain 

to such person for each such violation; 

and 

(ii) For all other violations: 

(A) Committed between November 27, 

1996 and October 22, 2000, not more 

than $550,000 for each such violation; 

(B) Committed between October 23, 

2000 and October 22, 2004, not more 

than $575,000 for each such violation; 

(C) Committed between October 23, 

2004 and October 22, 2008, not more 

than $625,000 for each such violation; 

(D) Committed between October 23, 

2008 and October 22, 2012, not more 

than the greater of $675,000 or triple the 

monetary gain to such person for each 

such violation; and 

(E) Committed on or after October 23, 

2012, not more than the greater of 

$700,000 or triple the monetary gain to 

such person for each such violation; and 

(4) For a civil monetary penalty 

assessed pursuant to Section 6c of the 

Commodity Exchange Act, 7 U.S.C. 13a– 

1, against any registered entity or other 

person: 

(i) For manipulation or attempted 

manipulation violations: 

(A) Committed between May 22, 2008 

and August 14, 2011, not more than the 

greater of $1,000,000 or triple the 

monetary gain to such person for each 

such violation; and 


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Federal Register / Vol. 77, No. 207 / Thursday, October 25, 2012 / Rules and Regulations 65103 

(B) Committed on or after August 15, 

2011, not more than the greater of 

$1,025,000 or triple the monetary gain 

to such person for each such violation; 

and 

(ii) For all other violations: 

(A) Committed between November 27, 

1996 and October 22, 2000, not more 

than the greater of $110,000 or triple the 

monetary gain to such person for each 

such violation; 

(B) Committed between October 23, 

2000 and October 22, 2004, not more 

than the greater of $120,000 or triple the 

monetary gain to such person for each 

such violation; 

(C) Committed between October 23, 

2004 and October 22, 2008, not more 

than the greater of $130,000 or triple the 

monetary gain to such person for each 

such violation; and 

(D) Committed on or after October 23, 

2008, not more than the greater of 

$140,000 or triple the monetary gain to 

such person for each such violation. 

* * * * * 

Issued in Washington, DC, on October 18, 

2012, by the Commission. 

Sauntia S. Warfield, 

Assistant Secretary of the Commission. 

Note: The following appendix will not 

appear in the Code of Federal Regulations. 

Appendix to Adjustment of Civil Monetary 

Penalties for Inflation—Commission Voting 

Summary and Statements of Commissioners 

Appendix 1—Commission Voting Summary 

On this matter, Chairman Gensler and 

Commissioners Sommers, Chilton, O’Malia 

and Wetjen voted in the affirmative; no 

Commissioner voted in the negative. 

[FR Doc. 2012–26090 Filed 10–24–12; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF AGRICULTURE 

Forest Service 

36 CFR Part 230 

RIN 0596–AC84 

Community Forest and Open Space 

Conservation Program; Approval of 

Information Collection Request 

AGENCY: Forest Service, USDA. 

ACTION: Final rule; notice of approval of 

Information Collection Request (ICR). 

SUMMARY: The final rule entitled 

Community Forest and Open Space 

Conservation Program was published on 

October 20, 2011. The Office of 

Management and Budget approved and 

cleared the associated information 

collection requirements (ICR) on August 

22, 2012. This document announces 

approval of the ICR. 

DATES: The ICR associated with the final 

rule published in the Federal Register 

on October 20, 2011, at 76 FR 65121. 

The Office of Management and Budget 

(OMB) approved and cleared the 

associated Information Collection 

Requirements on August 22, 2012, 

under OMB Control Number 0596–0227. 

FOR FURTHER INFORMATION CONTACT: 

Scott Stewart, U.S. Department of 

Agriculture, Forest Service, State and 

Private Forestry, Cooperative Forestry, 

202–205–1618. Individuals who use 

telecommunication devices for the deaf 

(TDD) may call the Federal Information 

Relay Service (FIRS) at 1–800–877–8339 

between 8:00 a.m. and 8:00 p.m., 

Eastern Standard Time, Monday 

through Friday. 

Dated: October 16, 2012. 

Harris D. Sherman, 

Under Secretary, Natural Resources and 

Environment. 

[FR Doc. 2012–26247 Filed 10–24–12; 8:45 am] 

BILLING CODE 3410–11–P 

POSTAL SERVICE 

39 CFR Part 966 

Rules of Practice in Proceedings 

Relative to Administrative Offsets 

Initiated Against Former Employees of 

the Postal Service 

AGENCY: Postal Service. 

ACTION: Final rule. 

SUMMARY: This document revises the 

rules of practice of the Judicial Officer 

in proceedings relative to administrative 

offsets initiated against former 

employees of the Postal Service. These 

revisions update the rules to reflect 

changes in the Postal Service’s debt 

collection regulations and procedures, 

eliminate outdated provisions, and 

conform the rules to the Judicial 

Officer’s existing practice. 

DATES: Effective date: November 26, 

2012. 

FOR FURTHER INFORMATION CONTACT: 

Administrative Judge Gary E. Shapiro, 

2101 Wilson Boulevard, Suite 600, 

Arlington, VA 22201–3078; Telephone: 

(703) 812–1900. 

SUPPLEMENTARY INFORMATION: 

A. Executive Summary 

The rules of practice in proceedings 

relative to administrative offsets 

initiated against former employees of 

the Postal Service are set forth in 39 

CFR part 966. The Postal Service is 

concurrently revising its regulations 

pertaining to collecting debts from 

former employees contained in the 

Postal Service Employment and Labor 

Relations Manual (ELM). These ELM 

revisions conform existing Postal 

Service regulations to the requirements 

of the Debt Collection Act. The revisions 

in this document will bring 39 CFR part 

966 into accord with the Postal Service’s 

revised regulations for collecting debts 

from former employees by 

administrative offset. In addition, minor 

changes will be made to eliminate 

outdated provisions and conform these 

rules to the existing practice of the 

Judicial Officer. 

The Postal Service published these 

proposed changes to 39 CFR part 966 on 

September 4, 2012 (77 FR 53830–34). 

No comments were received. The final 

version of the rule is, accordingly 

unmodified, with the exception of 

minor changes to § 966.9, intended to be 

clarifying only. 

B. Summary of Changes 

Changes to § 966.2(a) cross reference 

the Postal Service’s new ELM provisions 

pertaining to administrative offsets and 

also clarify that such offsets are taken 

pursuant to the statutory authority of 31 

U.S.C. 3716. Changes to § 966.2(b) 

clarify that the regulations contained in 

39 CFR part 966 are intended to be 

consistent with the Federal Claims 

Collection Standards promulgated 

jointly by the Department of Justice and 

the Treasury, found at 31 CFR parts 

900–904. 

Changes to § 966.3 update the 

definitions of part 966 to refer to the 

Postal Service Accounting Service 

Center (ASC) or successor installation 

instead of the area Postmaster/ 

Installation head. The definition of 

‘‘reconsideration’’ in paragraph (i) is 

thus revised to refer to action taken by 

the ASC. These changes accurately 

reflect the Postal Service’s current 

practices for collecting debts from 

former employees, as collections from 

former employees are normally handled 

through the ASC. Definitions are also 

updated to include the Federal Claims 

Collection Standards, referenced 

elsewhere in the revised regulations. 

Changes to paragraph (j) are nonsubstantive and provide the parties with 

useful contact information. 

Changes to § 966.4 revise the 

procedures for filing a petition for a 

hearing under part 966. These revisions 

align these regulations with the Postal 

Service’s revised ELM regulations 

pertaining to collecting debts from 

former employees by administrative 

offset, the Postal Service’s current debt 

collection procedures, and current 

practice before the Judicial Officer. 


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