Revisions to the Civil Penalty Inflation Adjustment Rule and Tables; Correction, 47077-47078 [06-6953]
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47077
Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations
[Docket No. FAA–2002–11483; Amendment
No. 13–33]
Counsel, Enforcement Division, AGC–
300, Federal Aviation Administration,
800 Independence Avenue, SW.,
Washington, DC 20591; telephone (202)
267–3137; facsimile (202) 267–5106; email joyce.redos@faa.gov.
SUPPLEMENTARY INFORMATION:
RIN 2120–AI52
Need for Correction
Revisions to the Civil Penalty Inflation
Adjustment Rule and Tables;
Correction
The final rule document published in
the Federal Register on May 16, 2006
(71 FR 28518), contains two errors in
the preamble. In addition, the final
column was omitted from Table One of
the regulatory language and the dates in
the two footnotes to Table Two should
be the effective date of the rule, not the
date of publication. This publication
corrects the errors in the preamble and
amends the regulatory language.
I In the May 16, 2006, Federal Register
(FR Doc. 06–4524), make the following
corrections to read as follows:
I 1. On page 28519, column 2, 10th line
from the bottom, correct ‘‘insert
effective date of rule’’ to read ‘‘June 15,
2006’’.
I 2. On page 28519, column 3, 9th line
from the bottom, remove the sentence
beginning with the word ‘‘Based’’ and
insert the following sentence to read
‘‘Based on a new inflation adjustment,
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 13
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule, correction.
AGENCY:
This document contains
corrections to the preamble of final rule
published in the Federal Register on
May 16, 2006, (71 FR 28518) and an
amendment to the regulatory language.
That final rule implements adjustments
to certain civil monetary penalties
under the Federal Civil Penalties
Inflation Adjustment Act of 1990, as
amended by the Debt Collection
Improvement Act of 1996.
DATES: This amendment becomes
effective August 16, 2006.
FOR FURTHER INFORMATION CONTACT:
Joyce Redos, Office of the Chief
SUMMARY:
as of June 15, 2006, the penalty is
$11,000 per day.’’
List of Subjects in 14 CFR Part 13
Administrative practice and
procedure, Air transportation,
Hazardous materials transportation,
Investigations, Law enforcement,
Penalties.
The Amendment
In conclusion of the foregoing, the
Federal Aviation Administration
amends part 13 of Title 14, Code of
Federal Regulations, as follows:
I
PART 13—INVESTIGATIVE AND
ENFORCEMENT PROCEDURES
1. The authority citation continues to
read as follows:
I
Authority: 18 U.S.C. 6002, 28 U.S.C. 2461
(note); 49 U.S.C. 106(g), 5121–5124, 40113–
40114, 44103–44106, 44702–44703, 44709–
44710, 44713, 44718, 44725, 46101–46110,
46301–46316, 46318, 46501–46502, 46504–
46507, 47106, 47111, 47122, 47306, 47531–
47532.
2. Amend § 13.305 by revising Table
1 to read as follows:
I
§ 13.305 Cost of living adjustments of civil
monetary penalties.
TABLE 1.—TABLE OF MIMIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS BEFORE
DECEMBER 12, 2003, AND FOR HAZARDOUS MATERIALS VIOLATIONS BEFORE AUGUST 10, 2005
Maximum penalty amount when
last set or adjusted pursuant to
law
$250 per
violation,
last set
1990.
N/A ..........
Same .......
$30,000 per violation, adjusted 3/
13/02.
Same.
N/A ..........
Same.
Violations under 49 U.S.C. (a)(2)(A) or (B) by a
person operating an aircraft for the transportation of passengers or property for compensation (except an airman serving as an airman).
Violation under 498 U.S.C. 46301(a)(1) related to
the transportation of hazardous materials.
Violation related to the registration or recordation
under 49 U.S.C. chapter 441 of an aircraft not
used to provide air transportation.
Violation of 49 U.S.C. 44718(d) relating to limiting
construction or establishment of landfills.
Violation of 49 U.S.C. 44725 relating to the safe
disposal of life-limited aircraft parts.
Violation of 49 U.S.C. 47107(b) (or any assurance
made under such section) or 49 U.S.C. 47133.
N/A ..........
N/A ..........
$1,100 per violation, adjusted 1/
21/1997.
$11,000 per violation, adjusted 1/
21/1997.
N/A ..........
N/A ..........
Same.
N/A ..........
N/A ..........
$11,000 per violation, adjusted 1/
21/1997.
$11,000 per violation, adjusted 1/
21/1997.
N/A ..........
N/A ..........
Same.
N/A ..........
N/A ..........
$10,000 per violation, set 10/9/
1996.
$10,000, set 4/5/2000 .................
N/A ..........
N/A ..........
Same.
Tampering with a smoke alarm device ..................
N/A ..........
N/A ..........
Increase above otherwise applicable maximum amount not to
exceed 3 times the amount of
revenues that are used in violation of such section.
$2,200, adjusted 1/21/1997 ........
Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States.
N/A ..........
N/A ..........
$11,000, adjusted 1/21/1997 ......
Same.
United States
Code citation
Civil monetary penalty description
49 U.S.C. 5123(a)
Violation of hazardous materials transportation
law, regulation, or order.
49 U.S.C.
46301(a)(1).
49 U.S.C.
46301(a)(2).
Violation under 49 U.S.C. 46301(a)(1) ..................
49 U.S.C.
46301(a)(3)(A).
49 U.S.C.
46301(a)(3)(B).
cprice-sewell on PROD1PC66 with RULES
49 U.S.C.
46301(a)(3)(C).
49 U.S.C.
46301(a)(3)(D).
49 U.S.C.
46301(a)(5).
49 U.S.C.
46301(b).
49 U.S.C.
46302(a).
VerDate Aug<31>2005
New or
adjusted
maximum
penalty
amount
New adjusted
mimimum
penalty
amount
Mimimum
penalty
amount
15:48 Aug 15, 2006
Jkt 208001
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
E:\FR\FM\16AUR1.SGM
16AUR1
Same.
Same.
Same.
Same.
47078
Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations
TABLE 1.—TABLE OF MIMIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS BEFORE
DECEMBER 12, 2003, AND FOR HAZARDOUS MATERIALS VIOLATIONS BEFORE AUGUST 10, 2005—Continued
United States
Code citation
Civil monetary penalty description
49 U.S.C. 46303
49 U.S.C. 46318
49 U.S.C. 47531
1 FAA
Carrying a concealed dangerous weapon .............
Interference with cabin or flight crew .....................
Violation of 49 U.S.C. 47528–47530 relating to
the prohibition of operating certain aircraft not
complying with stage 3 noise levels.
3. Amend § 13.305 by revising the
footnotes to Table 2 to read as follows:
§ 13.305 Cost of living adjustments of civil
monetary penalties.
*
*
*
*
TABLE 2.—TABLE OF MINIMUM AND
MAXIMUM CIVIL MONETARY PENALTY
AMOUNTS FOR CERTAIN VIOLATIONS
OCCURRING ON OR AFTER DECEMBER 12, 2003
*
*
*
*
*
maximum penalty for a violation from
12/12/2003 until 6/15/2006 is $10,000.
2 The maximum penalty for a violation from
4/5/2000 until 6/15/2006 is $25,000.
1 The
Dated: Issued in Washington, DC on
August 11, 2006.
Rebecca McPherson,
Assistant Chief Counsel.
[FR Doc. 06–6953 Filed 8–15–06; 8:45 am]
BILLING CODE 4910–13–M
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2006–25059; Airspace
Docket No. 06–ACE–8]
Establishment of Class E5 Airspace;
Higginsville, MO
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
cprice-sewell on PROD1PC66 with RULES
New adjusted
mimimum
penalty
amount
Maximum penalty amount when
last set or adjusted pursuant to
law
N/A ..........
N/A ..........
N/A ..........
N/A ..........
N/A ..........
N/A ..........
$11,000, adjusted 1/21/1997 ......
$25,000, set 4/5/2000 .................
See 49 U.S.C. 46301(a)(1) and
(a)(2), above.
New or
adjusted
maximum
penalty
amount
Same.
Same.
Same.
prosecutes violations under this section that occurred before February 17, 2002.
I
*
Mimimum
penalty
amount
SUMMARY: This rule establishes a Class
E surface area airspace extending
upward from 700 feet above the surface
at Higginsville, MO.
The effect of this rule is to provide
appropriate controlled Class E airspace
for aircraft departing from and executing
instrument approach procedures to
Higginsville Industrial Municipal
Airport, MO and to segregate aircraft
using instrument approach procedures
VerDate Aug<31>2005
15:48 Aug 15, 2006
Jkt 208001
in instrument conditions from aircraft
operating in visual conditions.
DATES: Effective Date: 0901 UTC,
September 28, 2006.
FOR FURTHER INFORMATION CONTACT:
Grant Nichols, Airspace Branch, ACE–
520G, DOT Regional Headquarters
Building, Federal Aviation
Administration, 901 Locust, Kansas
City, MO 64106; telephone: (816) 329–
2522.
SUPPLEMENTARY INFORMATION:
History
On Monday, June 26, 2006, the FAA
proposed to amend part 71 of the
Federal Aviation Regulations (14 CFR
part 71) to establish Class E airspace at
Higginsville, MO (71 FR 36257). The
proposal was to establish a Class E5
airspace area to bring Higginsville, MO
airspace into compliance with FAA
directives. Interested parties were
invited to participate in this rulemaking
proceeding by submitting written
comments on the proposal to the FAA.
No comments objecting to the proposal
were received.
The Rule
This notice amends part 71 of the
Federal Aviation Regulations (14 CFR
part 71) by establishing a Class E
airspace area extending upward from
700 feet above the surface at
Higginsville Industrial Municipal
Airport, MO. The establishment of Area
Navigation (RNAV) Global Positioning
System (GPS) Instrument Approach
Procedures (IAP) to Runways 16 and 34
have made this action necessary. The
intended effect of this action is to
provide adequate controlled airspace for
Instrument Flight Rules operations at
Higginsville Industrial Municipal
Airport, MO. The area will be depicted
on appropriate aeronautical charts.
Class E airspace areas extending
upward from 700 feet or more above the
surface of the earth are published in
Paragraph 6005 of FAA Order 7400.9N,
Airspace Designations and Reporting
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
Points, dated September 1, 2005, and
effective September 16, 2005, which is
incorporated by reference in 14 CFR
71.1 of the same Order. The Class E
airspace designation listed in this
document will be published
subsequently in the Order.
The FAA has determined that this
regulation only involves an established
body of technical regulations for which
frequent and routine amendments are
necessary to keep them operationally
current. Therefore, this regulation—(1)
Is not a ‘‘significant regulatory action’’
under Executive Order 12866; (2) is not
a ‘‘significant rule’’ under DOT
Regulatory Policies and Procedures (44
FR 11034; February 26, 1979); and (3)
does not warrant preparation of a
Regulatory Evaluation as the anticipated
impact is so minimal. Since this is a
routine matter that will only affect air
traffic procedures and air navigation, it
is certified that this rule, when
promulgated, will not have a significant
economic impact on a substantial
number of small entities under the
criteria of the Regulatory Flexibility Act.
This rulemaking is promulgated
under the authority described in subtitle
VII, part A, subpart I, section 40103.
Under that section, the FAA is charged
with prescribing regulations to assign
the use of the airspace necessary to
ensure the safety of aircraft and the
efficient use of airspace. This regulation
is within the scope of that authority
since it contains aircraft executing
instrument approach procedures to
Higginsville Industrial Municipal
Airport, MO.
List of Subjects in 14 CFR Part 71
Airspace, Incorporation by reference,
Navigation (Air).
Adoption of the Amendment
In consideration of the foregoing, the
Federal Aviation Administration
amends 14 CFR part 71 as follows:
I
E:\FR\FM\16AUR1.SGM
16AUR1
]]>Agencies
[Federal Register Volume 71, Number 158 (Wednesday, August 16, 2006)]
[Rules and Regulations]
[Pages 47077-47078]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 06-6953]
[[Page 47077]]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 13
[Docket No. FAA-2002-11483; Amendment No. 13-33]
RIN 2120-AI52
Revisions to the Civil Penalty Inflation Adjustment Rule and
Tables; Correction
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule, correction.
-----------------------------------------------------------------------
SUMMARY: This document contains corrections to the preamble of final
rule published in the Federal Register on May 16, 2006, (71 FR 28518)
and an amendment to the regulatory language. That final rule implements
adjustments to certain civil monetary penalties under the Federal Civil
Penalties Inflation Adjustment Act of 1990, as amended by the Debt
Collection Improvement Act of 1996.
DATES: This amendment becomes effective August 16, 2006.
FOR FURTHER INFORMATION CONTACT: Joyce Redos, Office of the Chief
Counsel, Enforcement Division, AGC-300, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591;
telephone (202) 267-3137; facsimile (202) 267-5106; e-mail
joyce.redos@faa.gov.
SUPPLEMENTARY INFORMATION:
Need for Correction
The final rule document published in the Federal Register on May
16, 2006 (71 FR 28518), contains two errors in the preamble. In
addition, the final column was omitted from Table One of the regulatory
language and the dates in the two footnotes to Table Two should be the
effective date of the rule, not the date of publication. This
publication corrects the errors in the preamble and amends the
regulatory language.
0
In the May 16, 2006, Federal Register (FR Doc. 06-4524), make the
following corrections to read as follows:
0
1. On page 28519, column 2, 10th line from the bottom, correct ``insert
effective date of rule'' to read ``June 15, 2006''.
0
2. On page 28519, column 3, 9th line from the bottom, remove the
sentence beginning with the word ``Based'' and insert the following
sentence to read ``Based on a new inflation adjustment, as of June 15,
2006, the penalty is $11,000 per day.''
List of Subjects in 14 CFR Part 13
Administrative practice and procedure, Air transportation,
Hazardous materials transportation, Investigations, Law enforcement,
Penalties.
The Amendment
0
In conclusion of the foregoing, the Federal Aviation Administration
amends part 13 of Title 14, Code of Federal Regulations, as follows:
PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES
0
1. The authority citation continues to read as follows:
Authority: 18 U.S.C. 6002, 28 U.S.C. 2461 (note); 49 U.S.C.
106(g), 5121-5124, 40113-40114, 44103-44106, 44702-44703, 44709-
44710, 44713, 44718, 44725, 46101-46110, 46301-46316, 46318, 46501-
46502, 46504-46507, 47106, 47111, 47122, 47306, 47531-47532.
0
2. Amend Sec. 13.305 by revising Table 1 to read as follows:
Sec. 13.305 Cost of living adjustments of civil monetary penalties.
Table 1.--Table of Mimimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Before December 12, 2003, and for Hazardous Materials
Violations Before August 10, 2005
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum penalty amount
Civil monetary penalty Mimimum penalty New adjusted when last set or New or adjusted
United States Code citation description amount mimimum penalty adjusted pursuant to maximum penalty
amount law amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a)............... Violation of hazardous materials $250 per Same.............. $30,000 per violation, Same.
transportation law, regulation, violation, last adjusted 3/13/02.
or order. set 1990.
49 U.S.C. 46301(a)(1)........... Violation under 49 U.S.C. N/A............... N/A............... $1,100 per violation, Same.
46301(a)(1). adjusted 1/21/1997.
49 U.S.C. 46301(a)(2)........... Violations under 49 U.S.C. N/A............... N/A............... $11,000 per violation, Same.
(a)(2)(A) or (B) by a person adjusted 1/21/1997.
operating an aircraft for the
transportation of passengers or
property for compensation
(except an airman serving as an
airman).
49 U.S.C. 46301(a)(3)(A)........ Violation under 498 U.S.C. N/A............... N/A............... $11,000 per violation, Same.
46301(a)(1) related to the adjusted 1/21/1997.
transportation of hazardous
materials.
49 U.S.C. 46301(a)(3)(B)........ Violation related to the N/A............... N/A............... $11,000 per violation, Same.
registration or recordation adjusted 1/21/1997.
under 49 U.S.C. chapter 441 of
an aircraft not used to provide
air transportation.
49 U.S.C. 46301(a)(3)(C)........ Violation of 49 U.S.C. 44718(d) N/A............... N/A............... $10,000 per violation, Same.
relating to limiting set 10/9/1996.
construction or establishment of
landfills.
49 U.S.C. 46301(a)(3)(D)........ Violation of 49 U.S.C. 44725 N/A............... N/A............... $10,000, set 4/5/2000.. Same.
relating to the safe disposal of
life-limited aircraft parts.
49 U.S.C. 46301(a)(5)........... Violation of 49 U.S.C. 47107(b) N/A............... N/A............... Increase above Same.
(or any assurance made under otherwise applicable
such section) or 49 U.S.C. 47133. maximum amount not to
exceed 3 times the
amount of revenues
that are used in
violation of such
section.
49 U.S.C. 46301(b).............. Tampering with a smoke alarm N/A............... N/A............... $2,200, adjusted 1/21/ Same.
device. 1997.
49 U.S.C. 46302(a).............. Knowingly providing false N/A............... N/A............... $11,000, adjusted 1/21/ Same.
information about alleged 1997.
violation involving the special
aircraft jurisdiction of the
United States.
[[Page 47078]]
49 U.S.C. 46303................. Carrying a concealed dangerous N/A............... N/A............... $11,000, adjusted 1/21/ Same.
weapon. 1997.
49 U.S.C. 46318................. Interference with cabin or flight N/A............... N/A............... $25,000, set 4/5/2000.. Same.
crew.
49 U.S.C. 47531................. Violation of 49 U.S.C. 47528- N/A............... N/A............... See 49 U.S.C. Same.
47530 relating to the 46301(a)(1) and
prohibition of operating certain (a)(2), above.
aircraft not complying with
stage 3 noise levels.
--------------------------------------------------------------------------------------------------------------------------------------------------------
\1\ FAA prosecutes violations under this section that occurred before February 17, 2002.
0
3. Amend Sec. 13.305 by revising the footnotes to Table 2 to read as
follows:
Sec. 13.305 Cost of living adjustments of civil monetary penalties.
* * * * *
Table 2.--Table of Minimum and Maximum Civil Monetary Penalty Amounts
for Certain Violations Occurring On or After December 12, 2003
* * * * *
\1\ The maximum penalty for a violation from 12/12/2003 until 6/15/2006
is $10,000.
\2\ The maximum penalty for a violation from 4/5/2000 until 6/15/2006 is
$25,000.
Dated: Issued in Washington, DC on August 11, 2006.
Rebecca McPherson,
Assistant Chief Counsel.
[FR Doc. 06-6953 Filed 8-15-06; 8:45 am]
BILLING CODE 4910-13-M
