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Federal Register / Vol. 86, No. 18 / Friday, January 29, 2021 / Rules and Regulations
Description
42 U.S.C. 4012af5

Maximum total penalties assessed against an Enterprise in a calendar year.

Rounded inflation increase
166,661

New adjusted maximum penalty amount
1970

168,631

III. Differences Between the Federal Home Loan Banks and the Enterprises
Accordingly, FHFA is adopting these amendments as a final rule.

information has been submitted to OMB
for review.

When promulgating any regulation that may have future effect relating to the Banks, the Director is required by section 1313f of the Safety and Soundness Act to consider the differences between the Banks and the Enterprises with respect to the Banks cooperative ownership structure, mission of providing liquidity to members, affordable housing and community development mission, capital structure, and joint and several liability 12 U.S.C. 4513f.13 The Director considered the differences between the Banks and the Enterprises, as they relate to the above factors, and determined that this final rule is appropriate. The inflation adjustments effected by the final rule are mandated by law, and the special features of the Banks identified in section 1313f of the Safety and Soundness Act can be accommodated, if appropriate, along with any other relevant factors, when determining any actual penalties.

Regulatory Flexibility Act
Lists of Subjects
Pursuant to the Regulatory Flexibility Act RFA,15 an agency must prepare a regulatory flexibility analysis for all proposed and final rules that describes the impact of the rule on small entities, unless the head of an agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. However, the RFA applies only to rules for which an agency publishes a general notice of proposed rulemaking pursuant to the APA.16 As discussed above, FHFA has determined for good cause that the APA
does not require a general notice of proposed rulemaking for this rule. Thus, the RFA does not apply to this final rule.

12 CFR Part 1209

IV. Regulatory Impact Administrative Procedure Act FHFA finds good cause that notice and an opportunity to comment on this final rule are unnecessary under section 553b of the Administrative Procedure Act APA, 5 U.S.C. 553b. The Adjustment Improvements Act states that the annual civil money penalty adjustments shall be made notwithstanding the rulemaking provisions of 5 U.S.C. 553.14
Furthermore, this rulemaking conforms with and is consistent with the statutory directive set forth in the Adjustment Improvements Act. As a result, there are no issues of policy discretion about which to seek public comment.

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Previous maximum penalty amount
U.S. Code citation
Congressional Review Act The rule is not a major rule as defined by the Congressional Review Act, codified at 5 U.S.C. 801 et seq. The rule will not result in: 1 An annual effect on the economy of $100,000,000
or more; 2 a major increase in costs or prices; or 3 significant adverse effects on competition, employment, investment, productivity, innovation, or the ability of United States-based companies to compete with foreignbased companies.17
Paperwork Reduction Act The Paperwork Reduction Act 44
U.S.C. 3501 et seq. requires that regulations involving the collection of information receive clearance from the Office of Management and Budget OMB. This rule contains no such collection of information requiring OMB
approval under the Paperwork Reduction Act. Consequently, no
Administrative practice and procedure, Penalties.
12 CFR Part 1217
Civil remedies, Program fraud.
12 CFR Part 1250
Flood insurance, Governmentsponsored enterprises, Penalties, Reporting and record keeping requirements.
Accordingly, for the reasons stated in the SUPPLEMENTARY INFORMATION and under the authority of 12 U.S.C. 4513b and 12 U.S.C. 4526, the Federal Housing Finance Agency hereby amends subchapters A and C of chapter XII of Title 12 of the Code of Federal Regulations as follows:
SUBCHAPTER AORGANIZATION
AND OPERATIONS
PART 1209RULES OF PRACTICE
AND PROCEDURE
1. The authority citation for part 1209
continues to read as follows:

Authority: 5 U.S.C. 554, 556, 557, and 701
et seq.; 12 U.S.C. 1430cd; 12 U.S.C. 4501, 4502, 4503, 4511, 4513, 4513b, 4517, 4526, 4566c1 and c7, 45814588, 46314641;
and 28 U.S.C. 2461 note.

2. Revise 1209.80 to read as follows:

1209.80

Inflation adjustments.

The maximum amount of each civil money penalty within FHFAs jurisdiction, as set by the Safety and Soundness Act and thereafter adjusted in accordance with the Inflation Adjustment Act, is as follows:
New adjusted maximum penalty amount
U.S. Code citation
Description
12 U.S.C. 4636b1
12 U.S.C. 4636b2
12 U.S.C. 4636b4

First Tier
Second Tier
Third Tier Regulated Entity or Entity-Affiliated party

13 So in original; no paragraphs d and e were enacted. See 12 U.S.C.A. 4513 n 1.

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U.S.C. 2461 note, section 4b2.
U.S.C. 603.

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U.S.C. 603a, 604a.
U.S.C. 8042.

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$12,023
60,115
2,404,608