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

1847 

Vol. 90, No. 6 

Friday, January 10, 2025 

1To view the proposed rule, go to 

www.regulations.gov, and enter APHIS–2015–0008 

in the Search field. 2To view the SNICAS notice associated with the 

proposed rule and this final rule, go to 

www.regulations.gov and enter APHIS–2014–0062 

in the Search field. 

DEPARTMENT OF AGRICULTURE 

Office of the Secretary 

7 CFR Part 1 

[Docket No. APHIS–2015–0008] 

RIN 0579–AE68 

Privacy Act Regulations 

AGENCY: Office of the Secretary, USDA. 

ACTION: Final rule. 

SUMMARY: The U.S. Department of 

Agriculture (USDA) is amending its 

Privacy Act regulations to exempt a 

system of records, Smuggling 

Interdiction and Trade Compliance 

(SITC) National Information 

Communication Activity System 

(SNICAS), USDA/APHIS–21, from 

certain provisions of the Privacy Act. 

USDA is further amending its Privacy 

Act regulations to reflect an 

administrative change to the list of 

system of records that are exempt from 

certain provisions of the Privacy Act. 

DATES: Effective on February 10, 2025. 

FOR FURTHER INFORMATION CONTACT: Ms. 

Tonya Woods, Director, Freedom of 

Information Act and Privacy Act Staff, 

4700 River Road, Unit 50, Riverdale, 

MD 20737; (301) 851–4076. 

SUPPLEMENTARY INFORMATION: The 

Privacy Act of 1974, as amended, 5 

U.S.C. 552a, governs the means by 

which an agency collects, maintains, 

uses, and disseminates information 

about individuals that is maintained in 

a ‘‘system of records.’’ A system of 

records is any group of records under 

the control of an agency from which 

information about an individual is 

retrieved by the name, identifying 

number, symbol, or other identifying 

particular assigned to the individual. 

The Privacy Act generally grants 

individuals the right to access Privacy 

Act records maintained by an agency 

about themselves, as well as the right to 

request amendment of those records if 

they are not accurate, relevant, timely, 

or complete. The Privacy Act also 

allows the head of a Federal agency to 

promulgate rules to exempt a system of 

records from certain provisions of the 

Privacy Act, if the system of records 

contains ‘‘investigatory material 

compiled for law enforcement purposes, 

other than material within the scope of 

[5 U.S.C. 552a(j)(2)]: Provided, however, 

that if any individual is denied a right, 

privilege, or benefit that he would 

otherwise be entitled by Federal law, or 

for which he would otherwise be 

eligible, as a result of the maintenance 

of such material, such material shall be 

provided to such individual, except to 

the extent that the disclosure of such 

material would reveal the identity of a 

source who furnished information to the 

Government under an express promise 

that the identity of the source would be 

held in confidence, or, prior to the 

effective date of this section [September 

27, 1975], under an implied promise 

that the identity of the source would be 

held in confidence.’’ 5 U.S.C. 552a(k)(2). 

The U.S. Department of Agriculture’s 

(USDA’s) Animal and Plant Health 

Inspection Service (APHIS) published a 

proposed rule in the Federal Register on 

July 11, 2022 (87 FR 41077–41078, 

Docket No. APHIS–2015–0008) 1 to 

exempt a system of records, Smuggling 

Interdiction and Trade Compliance 

(SITC) National Information 

Communication Activity System 

(SNICAS), USDA/APHIS–21, from 

certain provisions of the Privacy Act in 

order to avoid interference with law 

enforcement functions.2

We also proposed to update the list of 

systems exempt from certain provisions 

of the Privacy Act in accordance with 5 

U.S.C. 552a(k)(2) to reflect 

administrative changes as a result of a 

notice published in the Federal Register 

on November 16, 2001 (66 FR 57698– 

57700, Docket No. 99–024–1), 

announcing that USDA combined three 

system of records (Plant Protection and 

Quarantine Program—Regulatory 

Actions, USDA/APHIS–1; Veterinary 

Services Programs—Animal Quarantine 

Regulatory Actions, USDA/APHIS–3; 

and Veterinary Services Programs— 

Animal Welfare and Horse Protection 

Regulatory Actions, USDA/APHIS–4) 

into one system of record: Investigative 

and Enforcement Records Regarding 

Regulatory Activities, USDA/APHIS–1. 

The reason for combining the system of 

records was to bring all records 

concerning investigation and 

enforcement together. However, USDA’s 

Privacy Act regulations were not 

amended to reflect this consolidation, 

which we proposed to rectify in the 

proposed rule. 

We solicited comments on the 

proposed rule for 30 days ending 

August 10, 2022. We received no 

comments by that date. Therefore, for 

the reasons given in the proposed rule, 

we are adopting the proposed rule as a 

final rule without change. 

Executive Orders 12866 and Regulatory 

Flexibility Act 

This final rule has been determined to 

be not significant for the purposes of 

Executive Order 12866 and, therefore, 

has not been reviewed by the Office of 

Management and Budget. 

In accordance with the Regulatory 

Flexibility Act, we have analyzed the 

potential economic effects of this action 

on small entities. This final rule would 

not impose a requirement for small 

businesses to report or keep records as 

a result of any of the provisions 

contained in this rulemaking. The 

exemptions to the Privacy Act apply to 

individuals, not to entities covered 

under the Regulatory Flexibility Act. 

Under these circumstances, the 

Administrator of the Animal and Plant 

Health Inspection Service has 

determined that this action will not 

have a significant economic impact on 

a substantial number of small entities. 

Executive Order 12988 

This final rule has been reviewed 

under Executive Order 12988, Civil 

Justice Reform. If this final rule is 

adopted: (1) All State and local laws and 

regulations that are inconsistent with 

this rule will be preempted; (2) no 

retroactive effect will be given to this 

rule; and (3) administrative proceedings 

will not be required before parties may 

file suit in court challenging this rule. 

Paperwork Reduction Act 

This final rule contains no new 

information collection requirements 

under the Paperwork Reduction Act of 

1995 (44 U.S.C. 3501 et seq.). 


khammond on DSK9W7S144PROD with RULES
1848 Federal Register / Vol. 90, No. 6 / Friday, January 10, 2025 / Rules and Regulations 

1Public Law 101–410, Oct. 5, 1990, 104 Stat. 890, 

codified at 28 U.S.C. 2461 note. 2Public Law 114–74, Title VII, section 701(b), 

Nov. 2, 2015, 129 Stat. 599, codified at 28 U.S.C. 

2461 note. 

3See OMB Memorandum M–18–03, 

Implementation of the 2018 Annual Adjustment 

Pursuant to the Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 2015, at 4, 

which permits agencies that have codified the 

formula to adjust CMPs for inflation to update the 

penalties through a notice rather than a regulation. 4 83 FR 1517 (Jan. 12, 2018) (final rule); 83 FR 

1657 (Jan. 12, 2018) (2018 CMP Notice). 

5The inflation adjustment multiplier for 2025 is 

1.02598. See OMB Memorandum M–25–02, 

Implementation of Penalty Inflation Adjustments 

for 2025, Pursuant to the Federal Civil Penalties 

Inflation Adjustment Act Improvements Act of 2015 

(Dec. 17, 2024). 

6See 89 FR 872 (Jan. 8, 2024). 

7Penalties assessed for violations occurring prior 

to November 2, 2015, will be subject to the 

maximum amounts set forth in the OCC’s 

regulations in effect prior to the enactment of the 

2015 Adjustment Act. 

List of Subjects in 7 CFR Part 1 

Administrative practice and 

procedure, Agriculture, Antitrust, Blind, 

Claims, Concessions, Cooperatives, 

Equal access to justice, Federal 

buildings and facilities, Freedom of 

information, Lawyers, Privacy. 

Accordingly, we are amending 7 CFR 

part 1 as follows: 

PART 1—ADMINISTRATIVE 

REGULATIONS 

Subpart G—Privacy Act Regulations 

■ 1. The authority citation for part 1, 

subpart G, continues to read as follows: 

Authority: 5 U.S.C. 301 and 552a; 31 

U.S.C. 9701. 

■ 2. Section 1.123 is amended by 

revising the entries under the heading 

‘‘Animal and Plant Health Inspection 

Service’’ to read as follows: 

§ 1.123 Specific exemptions. 

* * * * * 

Animal and Plant Health Inspection 

Service 

Investigative and Enforcement 

Records Regarding Regulatory 

Activities, USDA/APHIS–1. 

Veterinary Services Programs— 

Records of Accredited Veterinarians, 

USDA/APHIS–2. 

Smuggling Interdiction and Trade 

Compliance (SITC) National Information 

Communication Activity System 

(SNICAS), USDA/APHIS–21. 

* * * * * 

Done in Washington, DC, this 12th day of 

December 2024. 

Gary Washington, 

Chief Information Officer, U.S. Department 

of Agriculture. 

[FR Doc. 2025–00334 Filed 1–8–25; 8:45 am] 

BILLING CODE 3410–34–P 

DEPARTMENT OF THE TREASURY 

Comptroller of the Currency 

12 CFR Parts 19 and 109 

Notification of Inflation Adjustments 

for Civil Money Penalties 

AGENCY: Office of the Comptroller of the 

Currency, Treasury. 

ACTION: Notification of monetary 

penalties 2025. 

SUMMARY: This document announces 

changes to the Office of the Comptroller 

of the Currency’s (OCC) maximum civil 

money penalties as adjusted for 

inflation. The inflation adjustments are 

required to implement the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended by the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015. 

DATES: The adjusted maximum amount 

of civil money penalties in this 

document are applicable to penalties 

assessed on or after January 10, 2025 for 

conduct occurring on or after November 

2, 2015. 

FOR FURTHER INFORMATION CONTACT: Lee 

Walzer, Counsel, Chief Counsel’s Office, 

(202) 649–5490, Office of the 

Comptroller of the Currency. 

SUPPLEMENTARY INFORMATION: This 

document announces changes to the 

maximum amount of each civil money 

penalty (CMP) within the OCC’s 

jurisdiction to administer to account for 

inflation pursuant to the Federal Civil 

Penalties Inflation Adjustment Act of 

1990 (the 1990 Adjustment Act),1 as 

amended by the Federal Civil Penalties 

Inflation Adjustment Act Improvements 

Act of 2015 (the 2015 Adjustment Act).2

Under the 1990 Adjustment Act, as 

amended, federal agencies must make 

annual adjustments to the maximum 

amount of each CMP they administer. 

The Office of Management and Budget 

(OMB) is required to issue guidance to 

federal agencies no later than December 

15 of each year providing an inflation 

adjustment multiplier (i.e., the inflation 

adjustment factor agencies must use) 

applicable to CMPs assessed in the 

following year. The agencies are 

required to publish their CMPs, adjusted 

pursuant to the multiplier provided by 

the OMB, by January 15 of the 

applicable year. 

To the extent an agency codified a 

CMP amount in its regulations, the 

agency would need to update that 

amount by regulation. However, if an 

agency codified a formula for making 

the CMP adjustments, then subsequent 

adjustments can be made solely by 

notice.3 In 2018, the OCC published a 

final regulation that removed the CMP 

amounts from its regulations while 

updating the CMP amounts for inflation 

through the notice process.4

On December 17, 2024, the OMB 

issued guidance to affected agencies on 

implementing the required annual 

adjustment, which included the relevant 

inflation multiplier.5 The OCC has 

applied that multiplier to the maximum 

CMPs allowable in 2024 for national 

banks and Federal savings associations 

as listed in the 2024 CMP notice 6 to 

calculate the maximum amount of CMPs 

that may be assessed by the OCC in 

2025.7 There were no new statutory 

CMPs administered by the OCC during 

2024. 

The following charts provide the 

inflation-adjusted CMPs for use 

beginning on January 10, 2025, pursuant 

to 12 CFR 19.240(b) and 109.103(c)(2) 

for conduct occurring on or after 

November 2, 2015: 

PENALTIES APPLICABLE TO NATIONAL BANKS

U.S. Code citation Description and tier 

(if applicable) 

Maximum 

penalty 

amount 

(in dollars) 1

12 U.S.C. 93(b) ............................................................................... Violation of Various Provisions of the National Bank Act: 

Tier 1 .............................................................................. 12,567 

Tier 2 .............................................................................. 62,829 

Tier 3 .............................................................................. 2 2,513,215 

12 U.S.C. 164 .................................................................................. Violation of Reporting Requirements: 

Tier 1 .............................................................................. 5,026 


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