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Federal Register/Vol. 86, No. 4/Thursday, January 7, 2021/Rules 936 Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations List of Subjects in 12 CFR Part 747 PART 747—ADMINISTRATIVE § 747.1001 Adjustment of civil monetary ACTIONS, ADJUDICATIVE HEARINGS, penalties by the rate of inflation. Civil monetary penalties, Credit RULES OF PRACTICE AND unions. (a) The NCUA is required by the PROCEDURE, AND INVESTIGATIONS Federal Civil Penalties Inflation Melane Conyers-Ausbrooks, ■ 1. The authority for part 747 Adjustment Act of 1990 (Pub. L. 101– Secretary of the Board. continues to read as follows: 410, 104 Stat. 890, as amended (28 U.S.C. 2461 note)), to adjust the For the reasons stated in the Authority: 12 U.S.C. 1766, 1782, 1784, 1785, 1786, 1787, 1790a, 1790d; 15 U.S.C. maximum amount of each civil preamble, the Board amends 12 CFR monetary penalty (CMP) within its part 747 as follows: 1639e; 42 U.S.C. 4012a; Pub. L. 101–410; Pub. L. 104–134; Pub. L. 109–351; Pub. L. jurisdiction by the rate of inflation. The 114–74. following chart displays those adjusted ■ 2. Revise § 747.1001 to read as amounts, as calculated pursuant to the follows: 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 $4,146. a false or misleading report. (2) 12 U.S.C. 1782(a)(3) ................. Non-inadvertent failure to submit a report or the non-inadvertent sub- $41,463. mission of a false or misleading report. (3) 12 U.S.C. 1782(a)(3) ................. Failure to submit a report or the submission of a false or misleading $2,073,133 or 1 percent of the report done knowingly or with reckless disregard. total assets of the credit union, whichever is less. (4) 12 U.S.C. 1782(d)(2)(A) ............ Tier 1 CMP for inadvertent failure to submit certified statement of in- $3,791. sured shares and charges due to the National Credit Union Share Insurance Fund (NCUSIF), or inadvertent submission of false or misleading statement. (5) 12 U.S.C. 1782(d)(2)(B) ............ Tier 2 CMP for non-inadvertent failure to submit certified statement or $37,901. submission of false or misleading statement. (6) 12 U.S.C. 1782(d)(2)(C) ............ Tier 3 CMP for failure to submit a certified statement or the submis- $1,895,095 or 1 percent of the sion of a false or misleading statement done knowingly or with total assets of the credit union, reckless disregard. whichever is less. (7) 12 U.S.C. 1785(a)(3) ................. Non-compliance with insurance logo requirements .............................. $129. (8) 12 U.S.C. 1785(e)(3) ................. Non-compliance with NCUA security requirements .............................. $301. (9) 12 U.S.C. 1786(k)(2)(A) ............ Tier 1 CMP for violations of law, regulation, and other orders or $10,366. agreements. (10) 12 U.S.C. 1786(k)(2)(B) .......... Tier 2 CMP for violations of law, regulation, and other orders or $51,827. agreements and for recklessly engaging in unsafe or unsound practices or breaches of fiduciary duty. (11) 12 U.S.C. 1786(k)(2)(C) .......... Tier 3 CMP for knowingly committing the violations under Tier 1 or 2 $2,073,133. (natural person). (12) 12 U.S.C. 1786(k)(2)(C) .......... Tier 3 CMP for knowingly committing the violations under Tier 1 or 2 $2,073,133 or 1 percent of the (insured credit union). total assets of the credit union, whichever is less. (13) 12 U.S.C. 1786(w)(5)(A)(ii) ...... Non-compliance with senior examiner post-employment restrictions ... $341,000. (14) 15 U.S.C. 1639e(k) .................. Non-compliance with appraisal independence requirements ................ First violation: $11,906. Subse- quent violations: $23,811. (15) 42 U.S.C. 4012a(f)(5) .............. Non-compliance with flood insurance requirements ............................. $2,252. (b) The adjusted amounts displayed in DEPARTMENT OF COMMERCE SUMMARY: The Bureau of Industry and paragraph (a) of this section apply to Security (BIS) is publishing this final civil monetary penalties that are Bureau of Industry and Security rule to amend the Chemical Weapons assessed after the date the increase takes Convention Regulations (CWCR) and the effect, including those whose associated 15 CFR Parts 710, 712, and 745 Export Administration Regulations violation or violations pre-dated the (EAR) to reflect recent additions to increase and occurred on or after [Docket No. 201211–0336] Schedule 1(A) of the Annex on November 2, 2015. Chemicals to the Convention on the [FR Doc. 2020–29181 Filed 1–6–21; 8:45 am] RIN 0694–AH94 Prohibition of the Development, BILLING CODE 7535–01–P Production, Stockpiling and Use of Chemical Weapons Convention Chemical Weapons and on Their Regulations and the Export Destruction, also known as the Administration Regulations: Additions Chemical Weapons Convention (CWC). to Schedule 1(A) of the Annex on This final rule also amends the Chemicals to the Chemical Weapons definition of ‘‘production’’ in the CWCR Convention to clarify the scope of this term as it AGENCY: Bureau of Industry and applies to declarations regarding the Security, Commerce. production of ‘‘Schedule 1,’’ ‘‘Schedule ACTION: Final rule. 2,’’ or ‘‘Schedule 3’’ chemicals. VerDate Sep<11>2014 16:55 Jan 06, 2021 Jkt 253001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\07JAR1.SGM 07JAR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 4 / Thursday, January 7, 2021 / Rules and Regulations 937 DATES: This rule is effective January 7, ‘‘Schedule 1’’ chemicals) are (4) Provide that declared ‘‘Schedule 2021. implemented, pursuant to the Chemical 1’’ facilities are subject to initial and FOR FURTHER INFORMATION CONTACT: For Weapons Convention Implementation routine inspection by the OPCW (15 questions on the CWCR requirements Act of 1998 (CWCIA) (22 U.S.C. 6701 et CFR 712.5(e) and 716.1(b)(1)); for ‘‘Schedule 1’’ chemicals, contact seq.) and Executive Order 13128 (64 FR (5) Require 200 days advance Erica Sunyog, Treaty Compliance 34703, June 28, 1999), by the Chemical notification of establishment of new Division, Office of Nonproliferation and Weapons Convention Regulations ‘‘Schedule 1’’ production facilities Treaty Compliance, Bureau of Industry (CWCR) (see 15 CFR parts 710–722) and producing greater than 100 grams and Security, U.S. Department of the Export Administration Regulations aggregate of ‘‘Schedule 1’’ chemicals per Commerce, Phone: (202) 482–6237. (EAR) (see 15 CFR 742.18 and 15 CFR calendar year (15 CFR 712.4); part 745), both of which are SUPPLEMENTARY INFORMATION: (6) Require advance notification and administered by the Bureau of Industry annual reporting to the Technical Background and Security (BIS). Specifically, BIS Secretariat of the OPCW of all imports The Chemical Weapons Convention maintains the list of ‘‘Schedule 1’’ and exports of ‘‘Schedule 1’’ chemicals (hereinafter, ‘‘CWC’’ or ‘‘Convention’’), chemicals identified in the CWC Annex to, or from, other States Parties to the which entered into force on April 29, on Chemicals in Supplement No. 1 to CWC (15 CFR 712.6, 742.18(a)(1) and 1997, is an international arms control part 712 of the CWCR and as part of 745.1); and treaty whose object and purpose is to Supplement No. 1 to part 745 of the (7) Prohibit the export of ‘‘Schedule eliminate an entire category of weapons EAR. BIS also administers the CWC 1’’ chemicals to States not Party to the of mass destruction by prohibiting the ‘‘Schedule 1’’ chemical declaration, CWC (15 CFR 742.18(a)(1) and (b)(1)(ii)). development, production, acquisition, reporting, notification, and verification This final rule amends part 712 of the requirements that are described in part stockpiling, retention, transfer or use of CWCR and part 745 of the EAR to reflect 712 of the CWCR. In addition, § 745.1 of chemical weapons by States Parties. The recent additions to Schedule 1(A) of the the EAR describes the advance CWC States Parties have agreed to CWC Annex on Chemicals, as described notification and annual report destroy any stockpiles of chemical below. In addition, this rule amends the requirements that apply to exports of weapons they may hold and any definition of ‘‘production’’ in part 710 of ‘‘Schedule 1’’ chemicals. the CWCR to clarify the scope of this facilities that produced them, as well as The CWC identifies the toxic term as it applies to declarations any chemical weapons they have chemicals and immediate precursors regarding the production of ‘‘Schedule abandoned on the territory of other listed under ‘‘Schedule 1’’ in the CWC 1,’’ ‘‘Schedule 2,’’ or ‘‘Schedule 3’’ States Parties. The CWC States Parties Annex on Chemicals as posing a high chemicals. also have agreed to implement a risk to the object and purpose of the comprehensive data declaration, Convention. Consistent with Part VI of This rule amends part 712 of the notification, and inspection regime for the CWC Verification Annex, the CWCR CWCR and part 745 of the EAR to add those toxic chemicals and their restrict commercial production of three ‘‘Schedule 1’’ chemical families precursors listed in Schedule 1, 2 or 3 ‘‘Schedule 1’’ chemicals to research, and one individual ‘‘Schedule 1’’ in the CWC Annex on Chemicals to medical, or pharmaceutical purposes chemical to both sets of regulations, provide transparency and to verify that only. See 15 CFR 710.1, at definition of consistent with two decisions adopted their public and private sectors are not Purposes not prohibited by the CWC, by the States Parties to the CWC during engaged in activities prohibited under and 15 CFR 710.2(b), Activities subject the OPCW’s 24th Conference of the the CWC.
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