Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG (RRD) Dart 528, 529, 532, 535, 542, and 552 Series Turboprop Engines; Correction, 58032-58033 [E8-23511]
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58032
Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations
provided that ‘‘[t]he first adjustment of
a civil monetary penalty * * * may not
exceed 10 percent of such penalty.’’
Although there is one penalty for which
an initial adjustment is being made, 12
U.S.C. 1820(k)(6)(A)(ii), due to the effect
of the rounding rules, the calculated
dollar amount increase in the penalty is
the same as a 10 percent increase in this
case.
Public Comment Not Required
This rule is not subject to the
provisions of 5 U.S.C. 553 requiring
notice, public participation, and
deferred effective date. The FCPIA Act
provides Federal agencies with no
discretion in the adjustment of CMPs to
the rate of inflation, and it also requires
that adjustments be made at least every
four years. Moreover, this regulation is
ministerial and technical. For these
reasons, the Board finds good cause to
determine that public notice and
comment for this new regulation is
unnecessary, impractical, and contrary
to the public interest, pursuant to the
Administrative Procedure Act (APA), 5
U.S.C. 553(b)(3)(B). These same reasons
also provide the Board with good cause
to adopt an effective date for this
regulation that is less than 30 days after
the date of publication in the Federal
Register, pursuant to the APA, 5 U.S.C.
553(d).
Regulatory Flexibility Act
The Regulatory Flexibility Act applies
only to rules for which an agency
publishes a general notice of proposed
rulemaking pursuant to 5 U.S.C. 553(b).
See 5 U.S.C. 601(2). Because the Board
has determined for good cause that the
APA does not require public notice and
comment on this final rule, we are not
publishing a general notice of proposed
rulemaking. Thus, the Regulatory
Flexibility Act does not apply to this
final rule.
mstockstill on PROD1PC66 with RULES
Paperwork Reduction Act
In accordance with the Paperwork
Reduction Act of 1995 (44 U.S.C. Ch. 35;
5 CFR Part 1320 Appendix A.1), the
Board reviewed the final rule under the
authority delegated to the Board by the
Office of Management and Budget. No
collections of information pursuant to
the Paperwork Reduction Act are
contained in the final rule.
List of Subjects in 12 CFR Part 263
Administrative practice and
procedure, Claims, Crime, Equal Access
to Justice, Lawyers, Penalties.
Authority and Issuance
For the reasons set forth in the
preamble, the Board of Governors
■
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16:30 Oct 03, 2008
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amends 12 CFR part 263 to read as
follows:
PART 263—RULES OF PRACTICE FOR
HEARINGS
1. The authority citation for part 263
is revised to read as follows:
■
Authority: 5 U.S.C. 504; 12 U.S.C. 248,
324, 504, 505, 1817(j), 1818, 1820(k), 1828(c),
1831o, 1831p–1, 1847(b), 1847(d), 1884(b),
1972(2)(F), 3105, 3107, 3108, 3907, 3909; 15
U.S.C. 21, 78o–4, 78o–5, 78u–2; and 28
U.S.C. 2461 note.
2. Section 263.65 is revised to read as
follows:
■
§ 263.65 Civil penalty inflation
adjustments.
(a) Inflation adjustments. In
accordance with the Federal Civil
Penalties Inflation Adjustment Act of
1990 (28 U.S.C. 2461 note), the Board
has set forth in paragraph (b) of this
section adjusted maximum penalty
amounts for each civil money penalty
provided by law within its jurisdiction.
The adjusted civil penalty amounts
provided in paragraph (b) of this section
replace only the amounts published in
the statutes authorizing the assessment
of penalties and the previously-adjusted
amounts adopted as of October 12, 2004,
October 12, 2000, and October 24, 1996.
The authorizing statutes contain the
complete provisions under which the
Board may seek a civil money penalty.
The increased penalty amounts apply
only to violations occurring after the
effective date of this rule.
(b) Maximum civil money penalties.
The maximum civil money penalties as
set forth in the referenced statutory
sections are as follows:
(1) 12 U.S.C. 324:
(i) Inadvertently late or misleading
reports, inter alia—$2,200.
(ii) Other late or misleading reports,
inter alia—$32,000.
(iii) Knowingly or recklessly false or
misleading reports, inter alia—
$1,375,000.
(2) 12 U.S.C. 504, 505, 1817(j)(16),
1818(i)(2) and 1972(2)(F):
(i) First tier—$7,500.
(ii) Second tier—$37,500.
(iii) Third tier—$1,375,000.
(3) 12 U.S.C. 1820(k)(6)(A)(ii)—
$275,000.
(4) 12 U.S.C. 1832(c)—$1,100.
(5) 12 U.S.C. 1847(b), 3110(a)—
$37,500.
(6) 12 U.S.C. 1847(d), 3110(c):
(i) First tier—$2,200.
(ii) Second tier—$32,000.
(iii) Third tier—$1,375,000.
(7) 12 U.S.C. 334, 374a, 1884—$110.
(8) 12 U.S.C. 3909(d)—$1,100.
(9) 15 U.S.C. 78u–2:
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(i) 15 U.S.C. 78u–2(b)(1)—$7,500 for a
natural person and $70,000 for any
other person.
(ii) 15 U.S.C. 78u–2(b)(2)—$70,000 for
a natural person and $350,000 for any
other person.
(iii) 15 U.S.C. 78u–2(b)(3)—$140,000
for a natural person and $675,000 for
any other person.
(10) 42 U.S.C. 4012a(f)(5):
(i) For each violation—$385.
(ii) For the total amount of penalties
assessed under 42 U.S.C 4012a(f)(5)
against an institution or enterprise
during any calendar year—$135,000.
By order of the Board of Governors of the
Federal Reserve System, October 1, 2008.
Jennifer J. Johnson,
Secretary of the Board.
[FR Doc. E8–23527 Filed 10–3–08; 8:45 am]
BILLING CODE 6210–01–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA–2006–24825; Directorate
Identifier 2006–NE–17–AD; Amendment 39–
15623; AD 2008–16–05]
RIN 2120–AA64
Airworthiness Directives; Rolls-Royce
Deutschland Ltd & Co KG (RRD) Dart
528, 529, 532, 535, 542, and 552 Series
Turboprop Engines; Correction
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule; correction.
AGENCY:
SUMMARY: The FAA is correcting
airworthiness directive (AD) 2008–16–
05. That AD applies to RRD Dart 528,
529, 532, 535, 542, and 552 Series
turboprop engines. We published that
AD in the Federal Register on July 31,
2008 (73 FR 44630). The superseded AD
number in paragraph (b) in the
regulatory section is incorrect. This
document corrects that superseded AD
number. In all other respects, the
original document remains the same.
DATES: Effective Date: Effective October
6, 2008.
FOR FURTHER INFORMATION CONTACT:
Jason Yang, Aerospace Engineer, Engine
Certification Office, FAA, Engine and
Propeller Directorate, 12 New England
Executive Park, Burlington, MA 01803;
e-mail: jason.yang@faa.gov; telephone
(781) 238–7747; fax (781) 238–7199.
SUPPLEMENTARY INFORMATION: On July
31, 2008 (73 FR 44630), we published a
final rule AD, FR Doc, E8–17423, in the
Federal Register. That AD applies to
E:\FR\FM\06OCR1.SGM
06OCR1
Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations
RRD Dart 528, 529, 532, 535, 542, and
552 Series turboprop engines. We need
to make the following correction:
§ 39.13
[Corrected]
On page 44631, in the second column,
in paragraph (b) of the regulatory
section, ‘‘2007–02–17’’ is corrected to
read ‘‘2007–02–07’’.
Issued in Burlington, Massachusetts, on
September 29, 2008.
Thomas A. Boudreau,
Acting Manager, Engine and Propeller
Directorate, Aircraft Certification Service.
[FR Doc. E8–23511 Filed 10–3–08; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF COMMERCE
Bureau of Industry and Security
15 CFR Parts 742, 744 and 774
[Docket No. 080307397–81237–01]
RIN 0694–AE33
Revisions to the Export Administration
Regulations Based Upon a Systematic
Review of the CCL
Bureau of Industry and
Security, Commerce.
ACTION: Final rule.
mstockstill on PROD1PC66 with RULES
AGENCY:
SUMMARY: This rule amends the Export
Administration Regulations (EAR) to
make revisions to the EAR as a result of
a systematic review of the Commerce
Control List (CCL) that was conducted
by the Bureau of Industry and Security
(BIS). This rule is the second phase of
the regulatory implementation of the
results of a review of the CCL that was
conducted by BIS starting in 2007. The
BIS CCL review benefited from input
received from BIS’s Technical Advisory
Committees (TACs) and comments that
were received from the interested public
in response to the publication of a BIS
notice of inquiry on July 17, 2007. The
revisions in this rule include
clarifications to existing controls,
eliminating redundant or outdated
controls, establishing more focused and
rationalized controls, and adding
additional controls for clarity or for
consistency with international regimes.
DATES: Effective Date: This rule is
effective: October 6, 2008. Although
there is no formal comment period,
public comments on this regulation are
welcome on a continuing basis.
ADDRESSES: You may submit comments,
identified by RIN 0694–AE33, by any of
the following methods:
• E-mail:
publiccomments@bis.doc.gov Include
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16:30 Oct 03, 2008
Jkt 217001
‘‘RIN 0694–AE33’’ in the subject line of
the message.
• Fax: (202) 482–3355. Please alert
the Regulatory Policy Division, by
calling (202) 482–2440, if you are faxing
comments.
• Mail or Hand Delivery/Courier:
Timothy Mooney, U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW.,
Room 2705, Washington, DC 20230,
Attn: RIN 0694–AE33.
Send comments regarding the
collection of information associated
with this rule, including suggestions for
reducing the burden, to Jasmeet Seehra,
Office of Management and Budget
(OMB), by e-mail to
jseehra@omb.eop.gov, or by fax to (202)
395–7285; and to the U.S. Department of
Commerce, Bureau of Industry and
Security, Regulatory Policy Division,
14th St. & Pennsylvania Avenue, NW.,
Room 2705, Washington, DC 20230.
Comments on this collection of
information should be submitted
separately from comments on the final
rule (i.e. RIN 0694–AE33)—all
comments on the latter should be
submitted by one of the three methods
outlined above.
FOR FURTHER INFORMATION CONTACT:
Timothy Mooney, Office of Exporter
Services, Bureau of Industry and
Security, U.S. Department of Commerce;
by telephone: (202) 482–2440; or by fax:
202–482–3355.
SUPPLEMENTARY INFORMATION
Background
This rule amends the EAR to make
various revisions as a result of a
systematic review of the CCL that was
conducted by BIS. This rule is the
second phase of the regulatory
implementation of the results of that
systematic review of the CCL that was
conducted by BIS beginning in 2007.
The CCL review benefited from input
received from BIS’s Technical Advisory
Committees (TACs) and public
comments received in response to a
notice of inquiry (July 17, 2007, 72 FR
39052).
On April 18, 2008, BIS published the
first phase of the regulatory
implementation of the CCL review in a
rule titled, ‘‘Technical Corrections to the
Export Administration Regulations
based upon a Systematic Review of the
CCL’’ (73 FR 21035). The first CCL
review rule focused on making needed
technical corrections and clarifications
to the CCL. This rule, the second CCL
review rule, makes substantive revisions
to the EAR, including the CCL. The
revisions to the CCL in this rule are
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58033
divided into four types of revisions in
this background section of the preamble:
(I) Clarifications to Existing Controls, (II)
Eliminating Redundant or Outdated
Controls, (III) Establishing More Focused
and Rationalized Controls, and (IV)
Adding Additional Controls for Clarity
or for Consistency with International
Regimes.
As a part of the implementation phase
of the CCL review, the agency has also
taken other non-regulatory actions to
improve the public’s understanding of
the CCL. These BIS actions have
involved publishing certain advisory
opinions and creating new web
guidance to provide greater clarity to
exporters and reexporters regarding
existing provisions of the CCL. BIS has
also created a new process whereby it
has stated its intention to conduct
similar types of systematic reviews of
the CCL in the future in order to
continuously improve the CCL.
This rule makes the following
revisions to the Export Administration
Regulations (EAR):
1. In Supplement No. 7 to part 742
(Description of Major Weapons
Systems), under paragraph (7)(c)
(Missiles and Missile Launchers), this
rule adds the phrase ‘‘except model
airplanes’’ to clarify that the unmanned
aerial vehicles (UAVs) subject to this
paragraph do not include model
airplanes.
2. In § 744.21 (Restrictions on Certain
Military End-Uses in the People’s
Republic of China (PRC)), this rule
makes two changes under paragraph (a)
(General Prohibition) to clarify the
intended scope of the items subject to
this end-use control. Under the
introductory text of paragraph (a), this
rule clarifies that the items that are
subject to the general prohibition are
any items listed in Supplement No. 2 to
part 744 that are subject to the EAR.
Adding the phrase ‘‘subject to the EAR’’
will clarify that this prohibition does
not extend to items that are not subject
to the EAR, such as information that is
publicly available. This change is
needed because the § 772.1 definition of
the term ‘‘item’’ does not distinguish
between those items that are subject to
the EAR and those that are not. Given
this broad definition, in this paragraph
the term ‘‘item’’ should be qualified
with the phrase ‘‘subject to the EAR’’.
The Commerce Control List (CCL)
(Supplement No. 1 to Part 774 of the
EAR) is amended by making various
substantive revisions to the CCL that are
divided below into four types of
revisions: (I) Clarifications to Existing
Controls, (II) Eliminating Redundant or
Outdated Controls, (III) Establishing
More Focused and Rationalized
E:\FR\FM\06OCR1.SGM
06OCR1
Agencies
[Federal Register Volume 73, Number 194 (Monday, October 6, 2008)]
[Rules and Regulations]
[Pages 58032-58033]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: E8-23511]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 39
[Docket No. FAA-2006-24825; Directorate Identifier 2006-NE-17-AD;
Amendment 39-15623; AD 2008-16-05]
RIN 2120-AA64
Airworthiness Directives; Rolls-Royce Deutschland Ltd & Co KG
(RRD) Dart 528, 529, 532, 535, 542, and 552 Series Turboprop Engines;
Correction
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The FAA is correcting airworthiness directive (AD) 2008-16-05.
That AD applies to RRD Dart 528, 529, 532, 535, 542, and 552 Series
turboprop engines. We published that AD in the Federal Register on July
31, 2008 (73 FR 44630). The superseded AD number in paragraph (b) in
the regulatory section is incorrect. This document corrects that
superseded AD number. In all other respects, the original document
remains the same.
DATES: Effective Date: Effective October 6, 2008.
FOR FURTHER INFORMATION CONTACT: Jason Yang, Aerospace Engineer, Engine
Certification Office, FAA, Engine and Propeller Directorate, 12 New
England Executive Park, Burlington, MA 01803; e-mail:
jason.yang@faa.gov; telephone (781) 238-7747; fax (781) 238-7199.
SUPPLEMENTARY INFORMATION: On July 31, 2008 (73 FR 44630), we published
a final rule AD, FR Doc, E8-17423, in the Federal Register. That AD
applies to
[[Page 58033]]
RRD Dart 528, 529, 532, 535, 542, and 552 Series turboprop engines. We
need to make the following correction:
Sec. 39.13 [Corrected]
On page 44631, in the second column, in paragraph (b) of the
regulatory section, ``2007-02-17'' is corrected to read ``2007-02-07''.
Issued in Burlington, Massachusetts, on September 29, 2008.
Thomas A. Boudreau,
Acting Manager, Engine and Propeller Directorate, Aircraft
Certification Service.
[FR Doc. E8-23511 Filed 10-3-08; 8:45 am]
BILLING CODE 4910-13-P