This section of the FEDERAL REGISTER

contains regulatory documents having general

applicability and legal effect, most of which

are keyed to and codified in the Code of

Federal Regulations, which is published under

50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by

the Superintendent of Documents.

Rules and Regulations Federal Register

2921 

Vol. 90, No. 8 

Tuesday, January 14, 2025 

DEPARTMENT OF HOMELAND 

SECURITY 

8 CFR Part 214 

[CIS No. 2786–24; DHS Docket No. USCIS 

2011–0010] 

RIN 1615–AA59 

Classification for Victims of Severe 

Forms of Trafficking in Persons; 

Eligibility for ‘‘T’’ Nonimmigrant Status; 

Correction 

AGENCY: U.S. Citizenship and 

Immigration Services (USCIS), 

Department of Homeland Security 

(DHS). 

ACTION: Correcting amendment. 

SUMMARY: This document corrects the 

August 23, 2024 correction to the final 

rule that published in the Federal 

Register on April 30, 2024. The final 

rule amended DHS regulations 

governing the requirements and 

procedures for victims of a severe form 

of trafficking in persons seeking T 

nonimmigrant status. This document 

will replace language unintentionally 

removed as a result of the prior 

correction. 

DATES: Effective January 14, 2025. 

FOR FURTHER INFORMATION CONTACT: 

Rena ́ Cutlip-Mason, Office of Policy and 

Strategy, U.S. Citizenship and 

Immigration Services, Department of 

Homeland Security, 5900 Capital 

Gateway Dr., Camp Springs, MD 20746; 

telephone 240–721–3000 (this is not a 

toll-free number). 

SUPPLEMENTARY INFORMATION: 

I. Need for Correction 

On August 23, 2024, DHS published 

a correction to the final rule titled 

Classification for Victims of Severe 

Forms of Trafficking in persons; 

Eligibility for ‘‘T’’ Nonimmigrant Status. 

89 FR 68081. The correction included 

amendatory instruction 5 in the first 

column of page 68083. A typographical 

error in that instruction caused the 

Office of the Federal Register to replace 

the whole of paragraph (a) with the text 

on page 68083. DHS did not intend to 

do that. Rather, DHS intended to correct 

only the introductory text of paragraph 

(a). This document fixes that 

typographical error. 

This correction is applicable as if DHS 

had included this change in the final 

rule that published on April 30, 2024. 

That rule had an effective date of 

August 28, 2024. Accordingly, the 

correction is applicable as of August 28, 

2024, at 12 a.m. Eastern Time. This 

correction does not change how DHS 

will apply the final rule, i.e., DHS will 

apply the corrected final rule to 

applications pending on, or filed on or 

after, August 28, 2024, except the bona 

fide determination provisions which 

DHS will generally only apply to 

applications filed on or after August 28, 

2024. 

II. Administrative Procedure Act 

Section 553(b) of the Administrative 

Procedure Act (APA) generally requires 

agencies to publish a notice of proposed 

rulemaking in the Federal Register to 

provide a period for public comment 

before the provisions of a rule take 

effect. 5 U.S.C. 553(b). In addition, 

section 553(d) of the APA requires 

agencies to delay the effective date of 

final rules by a minimum of 30 days 

after the date of their publication in the 

Federal Register. 5 U.S.C. 553(d). Both 

of these requirements can be waived if 

an agency finds, for good cause, that the 

notice and comment process and/or 

delayed effective date is impracticable, 

unnecessary, or contrary to the public 

interest, and incorporates a statement of 

the finding and the reasons therefore in 

the notice. 5 U.S.C. 553(b)(B), (d)(3). 

DHS believes there is good cause for 

publishing this document without prior 

notice and opportunity for public 

comment and with an effective date of 

less than 30 days because DHS finds 

that such procedures are unnecessary. 

This document corrects a typographical 

error in the regulatory text and does not 

make any substantive changes. This 

document merely conforms an 

erroneous portion of the final rule to the 

agency’s clearly expressed 

contemporaneous intent. 

List of Subjects in 8 CFR Part 214 

Administrative practice and 

procedure, Aliens, Cultural exchange 

program, Employment, Foreign officials, 

Health professions, Reporting and 

recordkeeping requirements, Students. 

Accordingly, 8 CFR part 214 is 

corrected by making the following 

correcting amendments: 

PART 214—NONIMMIGRANT CLASSES 

■ 1. The authority citation for part 214 

continues to read as follows: 

Authority: 6 U.S.C. 202, 236; 8 U.S.C. 

1101, 1102, 1103, 1182, 1184, 1186a, 1187, 

1221, 1281, 1282, 1301–1305, 1357, and 

1372; sec. 643, Pub. L. 104–208, 110 Stat. 

3009–708; Pub. L. 106–386, 114 Stat. 1477– 

1480; section 141 of the Compacts of Free 

Association with the Federated States of 

Micronesia and the Republic of the Marshall 

Islands, and with the Government of Palau, 

48 U.S.C. 1901 note and 1931 note, 

respectively; 48 U.S.C. 1806; 8 CFR part 2; 

Pub. L. 115–218, 132 Stat. 1547 (48 U.S.C. 

1806). 

■ 2. Amend § 214.205 by adding 

paragraph (a)(1) through (3) to read as 

follows: 

§ 214.205 Bona fide determination. 

(a) * * * 

(1) Request for evidence. If an 

Application for T Nonimmigrant Status 

was pending as of August 28, 2024, and 

additional evidence is required to 

establish eligibility for principal T 

nonimmigrant status, USCIS will issue a 

request for evidence, and conduct a 

bona fide review based on available 

evidence. 

(2) Initial review criteria. After initial 

review, USCIS will deem an 

Application for T Nonimmigrant Status 

bona fide if: 

(i) The applicant has submitted a 

properly filed and complete Application 

for T Nonimmigrant Status; 

(ii) The applicant has submitted a 

signed personal statement; and 

(iii) The results of initial background 

checks are complete, have been 

reviewed, and do not present national 

security concerns. 

(3) Secondary review criteria. If initial 

review does not establish an 

Application for T Nonimmigrant Status 

is bona fide, USCIS will conduct a full 

T nonimmigrant status eligibility 

review. An Application for T 

Nonimmigrant Status that meets all 

eligibility requirements will be 

approved, or if the statutory cap has 


khammond on DSK9W7S144PROD with RULES
2922 Federal Register / Vol. 90, No. 8 / Tuesday, January 14, 2025 / Rules and Regulations 

1Public Law 101–410, 104 Stat. 890 (Oct. 5, 

1990), as amended by Public Law 104–134, title III, 

sec. 31001(s)(1), 110 Stat. 1321–373 (Apr. 26, 1996); 

Public Law 105–362, title XIII, sec. 1301(a), 112 

Stat. 3293 (Nov. 10, 1998); Public Law 114–74, title 

VII, sec. 701(b), 129 Stat. 599 (Nov. 2, 2015), 

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

2Under the amended Inflation Adjustment 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 considered a CMP. 

3 12 U.S.C. 2277a–14(c). 

4 12 U.S.C. 2277a–14(d). 

5See Office of Mgmt. & Budget, Exec. Office of 

the President, OMB Memorandum No. M–25–02, 

Implementation of Penalty Inflation Adjustments 

for 2025, Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements Act of 2015 

(December 17, 2024). 

been reached, will receive a bona fide 

determination. 

* * * * * 

Christina E. McDonald, 

Associate General Counsel for Regulatory 

Affairs, Department of Homeland Security. 

[FR Doc. 2025–00553 Filed 1–13–25; 8:45 am] 

BILLING CODE P 

FARM CREDIT SYSTEM INSURANCE 

CORPORATION 

12 CFR Part 1411 

RIN 3055–AA24 

Rules of Practice and Procedure; 

Adjusting Civil Money Penalties for 

Inflation 

AGENCY: Farm Credit System Insurance 

Corporation. 

ACTION: Final rule. 

SUMMARY: This rule implements 

inflation adjustments to civil money 

penalties (CMPs) that the Farm Credit 

System Insurance Corporation (FCSIC) 

may impose under the Farm Credit Act 

of 1971, as amended. These adjustments 

are required by 2015 amendments to the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990. 

DATES: Effective date: This regulation is 

effective on January 14, 2025. 

Applicability date: The adjusted 

amounts of civil money penalties in this 

rule are applicable to penalties assessed 

on or after January 15, 2025, for conduct 

occurring on or after November 2, 2015. 

FOR FURTHER INFORMATION CONTACT: 

Lynn M. Powalski, General Counsel, 

Farm Credit System Insurance 

Corporation, 1501 Farm Credit Drive, 

McLean, Virginia 22102, (703) 883– 

4380, TTY (703) 883–4390. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (the 2015 Act) amended the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (the Inflation 

Adjustment Act) 1 to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

The Inflation Adjustment Act provides 

for the regular evaluation of CMPs and 

requires FCSIC, and every other Federal 

agency with authority to impose CMPs, 

to ensure that CMPs continue to 

maintain their deterrent values.2

FCSIC must enact regulations that 

annually adjust its CMPs pursuant to 

the inflation adjustment formula of the 

amended Inflation Adjustment Act and 

rounded using a method prescribed by 

the Inflation Adjustment Act. The new 

amounts are applicable to penalties 

assessed on or after January 15, 2025, for 

conduct occurring on or after November 

2, 2015. 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. 

II. 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 

required premium shall be subject to a 

penalty of not more than $100 for each 

day that such violations continue, 

which penalty FCSIC may recover for its 

use.3 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.4

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 FCSIC may 

recover for its use. 

FCSIC’s current § 1411.1 provides that 

FCSIC can impose a maximum penalty 

of $257 per day for a violation under 

section 5.65(c) and (d) of the Act. 

III. Required Adjustments 

The 2015 Act requires agencies to 

make annual adjustments for inflation. 

Annual inflation adjustments are based 

on the percent change between the 

October Consumer Price Index for all 

Urban Consumers (CPI–U) preceding the 

date of the adjustment, and the prior 

year’s October CPI–U. Consumer Price 

Index (CPI–U) for the month of October 

2024, not seasonally adjusted, the costof-living adjustment multiplier for 2025 

is 1.02598.5 Multiplying 1.02598 times 

the current penalty amount of $257, 

after rounding to the nearest dollar as 

required by the 2015 Act, results in a 

new penalty amount of $264. 

IV. Notice and Comment Not Required 

by Administrative Procedure Act 

In accordance with the 2015 Act, 

Federal agencies shall adjust civil 

monetary penalties ‘‘notwithstanding’’ 

section 553 of the Administrative 

Procedures Act. This means that public 

procedure generally required for agency 

rulemaking—notice, an opportunity for 

comment, and a delay in effective 

date—is not required for agencies to 

issue regulations implementing the 

annual adjustment. 

List of Subjects in 12 CFR Part 1411 

Banks, Banking, Civil money 

penalties, Penalties. 

For the reasons stated in the 

preamble, part 1411 of chapter XIV, title 

12 of the Code of Federal Regulations is 

amended as follows: 

PART 1411—RULES OF PRACTICE 

AND PROCEDURE 

■ 1. The authority citation for part 1411 

continues to read as follows: 

Authority: 12 U.S.C. 2277a–7(10), 2277a– 

14(c) and (d); 28 U.S.C. 2461 note. 

■ 2. Revise § 1411.1 to read as follows: 

§ 1411.1 Inflation adjustment of civil 

money penalties for failure to file a certified 

statement, pay any premium required or 

obtain approval before employment of 

persons convicted of criminal offenses. 

In accordance with the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended, a civil money 

penalty imposed pursuant to section 

5.65(c) or (d) of the Farm Credit Act of 

1971, as amended, shall not exceed 

$264 per day for each day the violation 

continues. 

Dated: January 8, 2025. 

Ashley Waldron, 

Secretary to the Board, Farm Credit System 

Insurance Corporation. 

[FR Doc. 2025–00574 Filed 1–13–25; 8:45 am] 

BILLING CODE 6705–01–P 


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