Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Rules and Regulations 9349 

1Public Law 104–134, 31001(s), 110 Stat. 1321– 

373, (Apr. 26, 1996). The provision is codified at 

28 U.S.C. 2461 note. 

2Public Law 101–410, 104 Stat. 890, (Oct. 5, 

1990), also codified at 28 U.S.C. 2461 note. 

3The CPI–U is published by the Department of 

Labor, Bureau of Labor Statistics, and is available 

at its Web site: http://www.bls.gov/cpi/. 

§ 740.1 Definitions. 

* * * * * 

(b) Insured credit union and federally 

insured credit union as used in this part 

mean a credit union with National 

Credit Union Administration share 

insurance. 

(c) Nonfederally insured credit union 

as used in this part means a credit union 

with either no account insurance or 

with primary account insurance 

provided by some entity other than the 

National Credit Union Administration. 

■ 3. Amend § 740.4 by revising 

paragraph (c) to read as follows: 

§ 740.4 Requirements for the official sign. 

* * * * * 

(c) To avoid any member confusion 

from the use of the official NCUA sign, 

federally insured credit unions are 

prohibited from receiving account funds 

at any teller station or window where 

any nonfederally insured credit union 

also receives account funds. As 

exceptions to this prohibition: 

(1) A teller in a branch of a federally 

insured credit union may accept 

account funds for nonfederally insured 

credit unions, but only if the teller 

displays a conspicuous sign next to the 

official sign that states ‘‘This credit 

union participates in a shared branch 

network with other credit unions and 

accepts share deposits for members of 

those other credit unions. While this 

credit union is federally insured, not all 

of these other credit unions are federally 

insured. If you need information on the 

insurance status of your credit union, 

please contact your credit union 

directly.’’ This sign must be similar to 

the official sign in terms of design, 

color, and font. 

(2) A teller in a facility operated by a 

non-credit union entity may accept 

account funds for both federally insured 

credit unions and nonfederally insured 

credit unions, but only if the teller 

displays a conspicuous sign next to the 

official sign stating ‘‘This facility 

accepts share deposits for multiple 

credit unions. Not all of these credit 

unions are federally insured. If you need 

information on the insurance status of 

your credit union, please contact your 

credit union directly.’’ This sign must 

be similar to the official sign in terms of 

design, color, and font. 

(3) A teller in a branch of a 

nonfederally insured credit union may 

accept account funds for federally 

insured credit unions. No teller in a 

nonfederally insured credit union may 

display the official NCUA sign. 

* * * * * 

[FR Doc. E9–4600 Filed 3–3–09; 8:45 am] 

BILLING CODE 7535–01–P 

NATIONAL CREDIT UNION 

ADMINISTRATION 

12 CFR Part 747 

Civil Monetary Penalty Inflation 

Adjustment 

AGENCY: National Credit Union 

Administration. 

ACTION: Final rule. 

SUMMARY: The National Credit Union 

Administration (NCUA) is amending its 

rules of practice and procedure to adjust 

the maximum amount of each civil 

money penalty (CMP) within its 

jurisdiction to account for inflation. 

This action, including the amount of the 

adjustment, is required under the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Debt Collection Improvement Act of 

1996. 

DATES: Effective Date: March 4, 2009. 

FOR FURTHER INFORMATION CONTACT: John 

K. Ianno, Associate General Counsel, or 

Jon Canerday, Trial Attorney, Office of 

General Counsel, NCUA, 1775 Duke 

Street, Alexandria, Virginia 22314, or 

telephone (703) 518–6540. 

SUPPLEMENTARY INFORMATION: 

A. Background 

The Debt Collection Improvement Act 

of 1996 1 (DCIA) amended the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990 2 (FCPIA Act) to require every 

Federal agency to enact regulations that 

adjust each civil monetary penalty 

(CMP) provided by law under its 

jurisdiction by the rate of inflation at 

least once every 4 years. These periodic 

adjustments are to be calculated 

pursuant to the inflation adjustment 

formula in section 5(b) of the FCPIA 

Act. Section 6 of the FCPIA Act 

specifies that inflation-adjusted CMPs 

will only apply 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 for all urban consumers 

(CPI–U) published by the Department of 

Labor.3 Specifically, section 5(b) of the 

FCPIA Act defines the term ‘‘cost-ofliving adjustment’’ as ‘‘the percentage (if 

any) for each civil monetary penalty by 

which—(1) the Consumer Price Index 

for the month of June of the calendar 

year preceding the adjustment, exceeds 

(2) 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.’’ The amount 

of each inflation adjustment must then 

be rounded to a number prescribed by 

section 5(a) of the FCPIA Act. 

B. Mathematical Calculations of the 

Adjustments 

NCUA last adjusted the CMPs it is 

authorized to impose in 2004. 69 FR 

60080. Accordingly, the current 

adjustment of these CMPs will be the 

percentage by which the CPI–U for the 

month of June 2007 exceeds the CPI–U 

for the month of June 2004. According 

to the Bureau of Labor Statistics, the 

CPI–U for the month of June 2004 was 

189.7 and the CPI–U for the month of 

June 2007 was 208.352. The percentage 

by which the 2007 figure exceeds the 

2004 figure is 9.8 percent. Thus, the 

CMPs should be multiplied by 9.8 

percent, the resulting dollar amount 

rounded up or down according to the 

rounding requirements of the FCPIA 

Act, and then that amount added to the 

current penalty. In some cases, the 

rounding rules resulted in no 

adjustment to the amount of the CMP. 

In previous years, the Board has 

explained in detail the adjustment 

procedure for each of the CMPs under 

its jurisdiction. Detailed explanations 

were provided because some CMPs were 

adjusted for the first time, requiring the 

use of different formulas. In view of the 

fact that all of the CMPs were last 

adjusted in 2004, such detailed 

explanations are no longer necessary. 

For that reason, and to be consistent 

with the other banking agencies, the 

Board will show the adjustments in 

table format. The following table shows 

both the present CMPs, the adjustment 

methodology, and the CMPs after being 

adjusted for inflation. The table 

published in 12 CFR 747.1001 shows 

only the adjusted CMPs, not the 

calculations. 

9350 Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Rules and Regulations 

4The FCPIA Act’s rounding rules require that an 

increase of a CMP be rounded to the nearest 

multiple of: $10 in the case of penalties less than 

or equal to $100; $100 in the case of penalties 

greater than $100 but less than or equal to $1,000; 

$1,000 in the case of penalties greater than $1,000 

but less than or equal to $10,000; $5,000 in the case 

of penalties greater than $10,000 but less than or 

equal to $100,000; $10,000 in the case of penalties 

greater than $100,000 but less than or equal to 

$200,000; and $25,000 in the case of penalties 

greater than $200,000. Section 5(a) of the FCPIA 

Act, 28 U.S.C. 2461 note. 

5Erroneously published in the Federal Register 

as $22,000. 

U.S. code citation Tier or description 

(if applicable) 

Current maximum 

penalty 

(in dollars) 

Percentage 

increase 

Amount of 

increase 

(in dollars) 

Amount of 

increase— 

after 

rounding 4

(in dollars) 

Adjusted 

maximum 

penalty 

(in dollars) 

12 U.S.C. 1782(a)(3) ....................... Inadvertent ............... $2,200 5 .............. 9.8 $216 $0 No Change. 

Non-inadvertent ....... 22,000 ................ 9.8 2,156 0 No Change. 

Intentional or reckless.1,175,000 (or 1% 

of total assets).

9.8 115,150 125,000 $1,300,000 (or 

1% of total assets). 

12 U.S.C. 1782(d)(2) ....................... Tier 1 ........................ 2,200 .................. 9.8 216 0 No Change. 

Tier 2 ........................ 22,000 ................ 9.8 2,156 0 No Change. 

Tier 3 ........................ 1,175,000 (or 1% 

of total assets).

9.8 115,150 125,000 1,300,000 (or 1% 

of total assets). 

12 U.S.C. 1785(e)(3) ....................... .................................. 110 ..................... 9.8 11 0 No Change. 

12 U.S.C. 1786(k)(2) ....................... Tier 1 ........................ 6,500 .................. 9.8 637 1,000 7,500. 

Tier 2 ........................ 32,500 ................ 9.8 3,185 5,000 37,500. 

Tier 3 ........................ 1,250,000 (for 

natural person) 

1,250,000 (or 

1% of total assets) (for CU).

9.8 122,500 125,000 1,375,000 (for 

natural person) 

1,375,000 (or 

1% of total assets) (for CU). 

42 U.S.C. 4012a(f) ........................... Per violation ............. 385 ..................... 9.8 38 0 No Change. 

Per year ................... 120,000 .............. 9.8 11,760 10,000 130,000. 

The NCUA Board now adopts this 

final rule to adjust the forgoing CMPs 

for the rate of inflation, as required by 

the FCPIA Act. As provided in the final 

rule, the revised CMP amounts will only 

apply to violations that occur after the 

effective date of the final rule. 

C. Regulatory Procedures 

Final Rule Under the Administrative 

Procedures Act 

The FCPIA Act requires adjustments 

of CMPs for inflation to occur at least 

every four years. The FCPIA Act 

provides federal agencies with no 

discretion in the adjustment of CMPs for 

inflation. Thus, NCUA is unable to vary 

the amount of the adjustments to reflect 

any views or suggestions provided by 

commenters. Further, the regulation is 

ministerial and technical. For all of 

these reasons, the NCUA Board finds 

good cause to determine that public 

notice and comment for this new 

regulation is unnecessary, impractical 

and contrary to the public interest, 

pursuant to the Administrative 

Procedure Act (APA), 5 U.S.C. 

553(b)(3)(B). These same reasons also 

provide the Board with good cause to 

adopt an effective date for this 

regulation that is less than 30 days after 

the date of publication in the Federal 

Register, pursuant to the APA, 5 U.S.C. 

553(d). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act 

requires NCUA to prepare an analysis to 

describe any significant economic 

impact a rule may have on a substantial 

number of small credit unions (those 

under ten million dollars in assets). This 

final rule would not have a significant 

economic impact on a substantial 

number of small credit unions, and, 

therefore, a regulatory flexibility 

analysis is not required. 

Paperwork Reduction Act 

NCUA has determined that this final 

rule would not increase paperwork 

requirements under the Paperwork 

Reduction Act of 1995 and regulations 

of the Office of Management and 

Budget. 

Executive Order 13132 

Executive Order 13132 encourages 

independent regulatory agencies to 

consider the impact of their regulatory 

actions on state and local interests. In 

adherence to fundamental federalism 

principles, NCUA, an independent 

regulatory agency as defined in 44 

U.S.C. 3502(5), voluntarily complies 

with the Executive Order. This final rule 

will apply to all federally-insured credit 

unions, but it will not have substantial 

direct effects on the states, on the 

relationship between the national 

government and the states, or on the 

distribution of power and 

responsibilities among the various 

levels of government. NCUA has 

determined the final rule does not 

constitute a policy that has federalism 

implications for purposes of the 

Executive Order. 

The Treasury and General Government 

Appropriations Act, 1999—Assessment 

of Federal Regulations and Policies on 

Families 

NCUA has determined that this rule 

will not affect family well-being within 

the meaning of section 654 of the 

Treasury and General Government 

Appropriations Act, 1999, Public Law 

No. 105–277, 112 Stat. 2681 (1998). 

Small Business Regulatory Enforcement 

Fairness Act 

The Small Business Regulatory 

Enforcement Fairness Act of 1996 

(SBREFA) (Pub. L. 104–121) provides 

generally for congressional review of 

agency rules. A reporting requirement is 

triggered in instances where NCUA 

issues a final rule as defined by Section 

551 of the Administrative Procedures 

Act. 5 U.S.C. 551. The Office of 

Management and Budget has reviewed 

this rule and has determined that for 

purposes of SBREFA, it is not a major 

rule. 

List of Subjects in 12 CFR Part 747 

Credit unions, Civil monetary 

penalties. 

By the National Credit Union 

Administration Board on January 5, 2009. 

Mary Rupp, 

Secretary of the Board. 

■ Accordingly, the NCUA amends 12 

CFR part 747 as follows: 

Federal Register / Vol. 74, No. 41 / Wednesday, March 4, 2009 / Rules and Regulations 9351 

PART 747—ADMINISTRATIVE 

ACTIONS, ADJUDICATIVE HEARINGS, 

RULES OF PRACTICE AND 

PROCEDURE, AND INVESTIGATIONS 

■ 1. The authority citation for part 747 

continues to read as follows: 

Authority: 12 U.S.C. 1766, 1782, 1784, 

1785, 1786, 1787; 42 U.S.C. 4012a; Public 

Law 101–410; Public Law 104–134. 

■ 2. Subpart K is revised to read as 

follows: 

Subpart K—Inflation Adjustment of 

Civil Monetary Penalties 

§ 747.1001 Adjustment of civil money 

penalties by the rate of inflation. 

(a) NCUA is required by the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990 (Pub. L. 101–410, 104 Stat. 890, 

as amended (28 U.S.C. 2461 note)) to 

adjust the maximum amount of each 

civil money penalty within its 

jurisdiction by the rate of inflation. The 

following chart displays those 

adjustments, as calculated pursuant to 

the statute: 

U.S. code citation CMP description New maximum amount 

(1) 12 U.S.C. 1782(a)(3) .................................... Inadvertent failure to submit a report or the inadvertent submission of a false or misleading report.$2,200. 

(2) 12 U.S.C. 1782(a)(3) .................................... Non-inadvertent failure to submit a report or 

the non-inadvertent submission of a false or 

misleading report.

$22,000. 

(3) 12 U.S.C. 1782(a)(3) .................................... Failure to submit a report or the submission of 

a false or misleading report done knowingly 

or with reckless disregard.

$1,300,000 or 1 percent of the total assets of 

the credit union, whichever is less. 

(4) 12 U.S.C. 1782(d)(2)(A) ................................ First tier ............................................................ $2,200. 

(5) 12 U.S.C. 1782(d)(2)(B) ................................ Second tier ....................................................... $22,000. 

(6) 12 U.S.C. 1782(d)(2)(C) ............................... Third tier ........................................................... $1,300,000 or 1 percent of the total assets of 

the credit union, whichever is less. 

(7) 12 U.S.C. 1785(e)(3) .................................... Non-compliance with NCUA security regulations.$110. 

(8) 12 U.S.C. 1786(k)(2)(A) ................................ First tier ............................................................ $7,500. 

(9) 12 U.S.C. 1786(k)(2)(B) ................................ Second tier ....................................................... $37,500. 

(10) 12 U.S.C. 1786(k)(2)(C) .............................. Third tier ........................................................... For a person other than an insured credit 

union: $1,375,000; 

For an insured credit union: $1,375,000 or 1 

percent of the total assets of the credit 

union, whichever is less. 

(11) 42 U.S.C. 4012a(f) ...................................... Per violation ..................................................... $385. 

Per calendar year ............................................ $130,000. 

(b) The adjustments displayed in 

paragraph (a) of this section apply to 

acts occurring after the date of 

publication in the Federal Register. 

[FR Doc. E9–4608 Filed 3–3–09; 8:45 am] 

BILLING CODE 7535–01–P 

ENVIRONMENTAL PROTECTION 

AGENCY 

40 CFR Part 180 

[EPA–HQ–OPP–2008–0258; FRL–8401–6] 

Dimethomorph; Pesticide Tolerances 

AGENCY: Environmental Protection 

Agency (EPA). 

ACTION: Final rule. 

SUMMARY: This regulation establishes 

tolerances for residues of dimethomorph 

in or on ginseng and turnip, greens. 

Additionally, it establishes tolerances 

with regional registrations in or on 

beans, lima, succulent and grape. This 

regulation also deletes the existing grape 

import tolerance, as a regional tolerance 

supersedes it. Finally, it increases the 

existing tolerance level for potato, wet 

peel and re-establishes the tolerance for 

potato. The Interregional Research 

Project Number 4 (IR-4) requested these 

tolerances under the Federal Food, 

Drug, and Cosmetic Act (FFDCA). 

DATES: This regulation is effective 

March 4, 2009. Objections and requests 

for hearings must be received on or 

before May 4, 2009, and must be filed 

in accordance with the instructions 

provided in 40 CFR part 178 (see also 

Unit I.C. of the SUPPLEMENTARY

INFORMATION). 

ADDRESSES: EPA has established a 

docket for this action under docket 

identification (ID) number EPA–HQ– 

OPP–2008–0258. All documents in the 

docket are listed in the docket index 

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

Although listed in the index, some 

information is not publicly available, 

e.g., Confidential Business Information 

(CBI) or other information whose 

disclosure is restricted by statute. 

Certain other material, such as 

copyrighted material, is not placed on 

the Internet and will be publicly 

available only in hard copy form. 

Publicly available docket materials are 

available in the electronic docket at 

http://www.regulations.gov, or, if only 

available in hard copy, at the OPP 

Regulatory Public Docket in Rm. S– 

4400, One Potomac Yard (South Bldg.), 

2777 S. Crystal Dr., Arlington, VA. The 

Docket Facility is open from 8:30 a.m. 

to 4 p.m., Monday through Friday, 

excluding legal holidays. The Docket 

Facility telephone number is (703) 305– 

5805. 

FOR FURTHER INFORMATION CONTACT: 

Laura Nollen, Registration Division 

(7505P), Office of Pesticide Programs, 

Environmental Protection Agency, 1200 

Pennsylvania Ave., NW., Washington, 

DC 20460–0001; telephone number: 

(703) 305–7390; e-mail address: 

nollen.laura@epa.gov. 

SUPPLEMENTARY INFORMATION: 

I. General Information 

A. Does this Action Apply to Me? 

You may be potentially affected by 

this action if you are an agricultural 

producer, food manufacturer, or 

pesticide manufacturer. Potentially 

affected entities may include, but are 

not limited to those engaged in the 

following activities: 

• Crop production (NAICS code 111). 

• Animal production (NAICS code 

112). 

• Food manufacturing (NAICS code 

311).