Revisions to the Civil Penalty Inflation Adjustment Tables, 72935-72939 [2010-29920]

Download as PDF 72935 Rules and Regulations Federal Register Vol. 75, No. 228 Monday, November 29, 2010 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. Prices of new books are listed in the first FEDERAL REGISTER issue of each week. DEPARTMENT OF AGRICULTURE Agricultural Marketing Service This document provides a correcting amendment to Marketing Order 922, found at 7 CFR part 922, so that handlers of fresh apricots from Washington shall continue to adhere to the minimum grade requirements (Washington No. 1) of the Order. SUPPLEMENTARY INFORMATION: 7 CFR Part 922 [Doc. No. AMS–FV–10–0062; FV06–922–2 C] Apricots Grown in Designated Counties in Washington; Temporary Relaxation of the Minimum Grade Requirement; Correction Agricultural Marketing Service, USDA. ACTION: Correcting amendment. AGENCY: The Agricultural Marketing Service (AMS) is making a correction to the Code of Federal Regulations (CFR) by revising the administrative rules and regulations contained in part 922, Apricots Grown in Designated Counties in Washington. In an interim final rule published in the Federal Register on August 2, 2006 (71 FR 43641), and adopted as a final rule on November 13, 2006 (71 FR 66093), changes were made to section 922.321(a)(1) to relax the minimum grade requirements for Washington apricots for the 2006 season. The changes were in effect from August 3, 2006, through March 31, 2007. After the effective dates for the changes, the text of an entire paragraph was inadvertently omitted, by AMS, from subsequent issues of the Code of Federal Regulations (CFR) and the section was reserved. AMS did not intend for the entire paragraph to be removed. This document corrects that error by adding or reinserting the language that was omitted into Title 7 of the CFR, part 922. DATES: Effective Date: November 30, 2010. SUMMARY: mstockstill on DSKB9S0YB1PROD with RULES AMS, USDA; Telephone: (503) 326– 2724, Fax: (503) 326–7440, or E-mail: Robert.Curry@ams.usda.gov or GaryD.Olson@ams.usda.gov. Small businesses may request information on complying with this regulation by contacting Antoinette Carter, Marketing Order Administration Branch, Fruit and Vegetable Programs, AMS, USDA, 1400 Independence Avenue SW., STOP 0237, Washington, DC 20250–0237; Telephone: (202) 720– 2491, Fax: (202) 720–8938, or E-mail: Antoinette.Carter@ams.usda.gov. List of Subjects in 7 CFR Part 922 Apricots, Marketing Agreements, Reporting and recordkeeping requirements. Accordingly, 7 CFR part 922 is corrected by making the following correcting amendment: ■ 1. The authority citation for 7 CFR part 922 continues to read as follows: ■ Authority: 7 U.S.C. 601–674. PART 922—APRICOTS GROWN IN DESIGNATED COUNTIES IN WASHINGTON 2. In § 922.321, add paragraph (a)(1) to read as follows: ■ § 922.321 Apricot Regulation 21. (a) * * * (1) Minimum grade and maturity requirements. Such apricots that grade not less than Washington No. 1 and are at least reasonably uniform in color: Provided, That such apricots of the Moorpark variety in open containers shall be generally well matured. * * * * * FOR FURTHER INFORMATION CONTACT: Robert J. Curry or Gary D. Olson, Northwest Marketing Field Office, Marketing Order Administration Branch, Fruit and Vegetable Programs, Dated: November 10, 2010. David R. Shipman, Acting Administrator, Agricultural Marketing Service. [FR Doc. C1–2010–29105 Filed 11–26–10; 8:45 am] VerDate Mar<15>2010 00:08 Nov 27, 2010 Jkt 223001 BILLING CODE 3410–02–P PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 13 [Docket No. FAA–2009–0237; Amendment No. 13–35] RIN 2120–AJ50 Revisions to the Civil Penalty Inflation Adjustment Tables Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: This final rule adjusts for inflation the minimum and maximum civil monetary penalty amounts the FAA may impose for violations of the statutes and regulations it enforces in order to continue the deterrent effect of these penalties. The adjustments are made following a formula provided by Congress. DATES: This amendment becomes effective December 29, 2010. FOR FURTHER INFORMATION CONTACT: Cole Milliard, Office of the Chief Counsel, Enforcement Division, AGC–300, Federal Aviation Administration, 800 Independence Avenue, SW., Washington, DC 20591. Telephone (202) 267–3452. Facsimile (202) 267–5106. Email cole.milliard@faa.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Authority for This Rulemaking The FAA’s authority to issue rules on aviation safety is found in Title 49 of the United States Code. Subtitle I, Section 106, describes the authority of the FAA Administrator. Subtitle VII, Aviation Programs, describes in more detail the scope of the agency’s authority. This rulemaking is issued under the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law (Pub. L.) 101–410, as amended by the Debt Collection Improvement Act of 1996, Public Law 104–134, codified at 28 U.S.C. 2461 note. These laws authorize the FAA to adjust the minimum and maximum amounts of civil monetary penalties for violations of the statues it enforces to preserve their deterrent effect. Good Cause for Immediate Adoption of This Final Rule The FAA finds that good cause exists under 5 U.S.C. 553(b)(B) for adopting E:\FR\FM\29NOR1.SGM 29NOR1 72936 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations this final rule without notice and comment. This rule effectuates the intent of the Federal Civil Penalties Inflation Adjustment Act to allow for regular adjustment, for inflation, of civil monetary penalties to preserve the deterrent effect of civil monetary penalties and promote compliance with the law. The inflation adjustments to penalties under this rule apply a formula mandated by Congress. Thus, it is unnecessary to delay these adjustments to receive public comment. Such comments would not allow the FAA to develop any basis to change the method or application of the mandatory inflation adjustments. Discussion Background Under the Debt Collection Improvement Act of 1996, the FAA must adjust all applicable civil monetary penalties at least once every 4 years. In doing so, the FAA must also apply a formula Congress included in the Debt Collection Improvement Act of 1996 to determine the amount of increase to each of its civil monetary penalties. Both of these requirements are included in 28 U.S.C. 2461 note. Prior FAA Rulemakings In 1996 (61 FR 67445; December 20, 1996), we added subpart H, Civil Monetary Penalty Inflation Adjustment, to 14 CFR part 13. Subpart H implements the terms of 28 U.S.C. 2461 note. We also made our initial adjustment to the civil monetary penalties applicable to the FAA’s enforcement program in that rulemaking. The current rulemaking is the FAA’s third adjustment of its civil monetary penalties since the regulation was adopted. Previous adjustments were made in 2002 (Amendment No. 13–31; 67 FR 6364; February 11, 2002) and 2006 (Amendment No. 13–33; 71 FR 47 28518; May 16, 2006). The 2006 adjustment also incorporated in Subpart H several statutory changes to our authority to impose civil penalties. This Rulemaking In this rulemaking, we adjust the civil penalty amounts listed in Tables 2 and 3 of 14 CFR part 13, subpart H, for inflation in accordance with the formula set forth in Subpart H. Under subpart H, we determine the inflation adjustment for each applicable civil penalty by increasing the maximum civil penalty or the range of minimum and maximum civil penalties by the ‘‘cost-of-living adjustment’’ (COLA). The COLA is ‘‘the percentage (if any) for each civil monetary penalty by which the Consumer Price Index (CPI) for the month of June of the calendar year preceding the adjustment exceeds the CPI for the month of June of the calendar year in which the amount of such civil penalty was last set or adjusted pursuant to law.’’ Each increase is rounded off as described in 14 CFR 13.305(a) and the rounded-off increase is added to the existing civil penalty amount. For the initial adjustment of a civil penalty under Subpart H, the increase is limited to ten percent of the civil penalty amount, as stated in 14 CFR 13.305(c). For this rulemaking, we looked at the increase of the CPI for June 2009 over the CPIs for the years in which each civil penalty amount was last set, reset, or adjusted. The words ‘‘set’’ and ‘‘reset’’ in this context indicate that Congress has added to or changed the FAA’s statutory authority to impose civil monetary penalties. The word ‘‘adjusted’’ indicates a change we made under Subpart H. Civil Penalty Inflation Adjustment Relevant CPI’s The CPI for June 2009 was 215.693. The CPI for the month of June of the calendar years in which civil monetary penalty amounts were last set, reset, or adjusted are: (1) 160.3 for June 1997; (2) 183.7 for June 2003; (3) 194.5 for June 2005; and (4) 202.9 for June 2006. COLAs Year 1997 2003 2005 2006 ......................................................................................................................................................... ......................................................................................................................................................... ......................................................................................................................................................... ......................................................................................................................................................... Round-off Formula mstockstill on DSKB9S0YB1PROD with RULES COLA calculation (1) Multiple of $10, in the case of penalties less than or equal to $100; (2) Multiple of $100, in the case of penalties greater than $100 but less than or equal to $1,000; (3) Multiple of $1,000, in the case of penalties greater than $1,000 but less than or equal to $10,000; (4) Multiple of $5,000, in the case of penalties greater than $10,000 but less than $100,000; (5) Multiple of $10,000, in the case of penalties greater than $100,000 but less than or equal to $200,000; (6) Multiple of $25,000, in the case of penalties greater than $200,000. Results of Calculations for Inflation Adjustment Using the methodology outlined in 28 U.S.C. 2461 note and implemented in 14 VerDate Mar<15>2010 18:15 Nov 26, 2010 Jkt 223001 CFR part 13 subpart H, we have determined that several of our civil monetary penalties should be adjusted. The adjusted civil monetary penalty amounts are set forth in ‘‘Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring on or After December 29, 2010’’, which will be located in 14 CFR 13.305(d). Paperwork Reduction Act The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires that the FAA consider the impact of paperwork and other information collection burdens imposed on the public. The FAA has determined that there is no new requirement for information collection associated with this final rule. PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 215.693/160.3 215.693/183.7 215.693/194.5 215.693/202.9 COLA amount 1.346 1.174 1.109 1.063 (134.6%) (117.4%) (110.9%) (106.3%) International Compatibility In keeping with U.S. obligations under the Convention on International Civil Aviation, it is FAA policy to conform to International Civil Aviation Organization (ICAO) Standards and Recommended Practices to the maximum extent practicable. The FAA has determined that there are no ICAO Standards and Recommended Practices that correspond to these regulations. Regulatory Notices and Analyses Changes to Federal regulations must undergo several economic analyses. First, Executive Order 12866 directs that each Federal agency must propose or adopt a regulation only upon a reasoned determination that the benefits of the intended regulation justify its costs. Second, the Regulatory Flexibility Act of 1980 (Pub. L. 96–354) requires E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations mstockstill on DSKB9S0YB1PROD with RULES agencies to analyze the economic impact of regulatory changes on small entities. Third, the Trade Agreements Act (Pub. L. 96–39) forbids agencies from setting standards that create unnecessary obstacles to the foreign commerce of the United States. In developing U.S. standards, this Trade Act requires agencies to consider international standards and, where appropriate, that they be the basis of U.S. standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires agencies to prepare a written assessment of the costs, benefits, and other effects of proposed or final rules that include a Federal mandate likely to result in the expenditure by State, local, or Tribal governments, in the aggregate, or by the private sector, of $100 million or more annually (adjusted for inflation with base year of 1995). This portion of the preamble summarizes the FAA’s analysis of the economic impacts of this final rule. Department of Transportation Order DOT 2100.5 prescribes policies and procedures for simplification, analysis, and review of regulations. If the expected cost impact is so minimal that a proposed or final rule does not warrant a full evaluation, this order permits that a statement to that effect and the basis for it is included in the preamble if a full regulatory evaluation of the cost and benefits is not prepared. Such a determination has been made for this final rule. The reasoning for this determination follows: This final rule simply identifies the civil monetary penalties for violations of the statutory and regulatory provisions we enforce. The penalty amounts are those specified by statute or called for under the inflation adjustment statutes, and the information in this rule is required by the Debt Collection Improvement Act of 1996. Its economic impact is minimal. Also, we determined that this final rule is not a ‘‘significant regulatory action’’ as defined in section 3(f) of Executive Order 12866, and is not ‘‘significant’’ as defined in DOT’s Regulatory Policies and Procedures. Regulatory Flexibility Determination The Regulatory Flexibility Act of 1980 (Pub. L. 96–354) (RFA) establishes ‘‘as a principle of regulatory issuance that agencies shall endeavor, consistent with the objectives of the rule and of applicable statutes, to fit regulatory and informational requirements to the scale of the businesses, organizations, and governmental jurisdictions subject to regulation. To achieve this principle, agencies are required to solicit and consider flexible regulatory proposals VerDate Mar<15>2010 16:19 Nov 26, 2010 Jkt 223001 and to explain the rationale for their actions to assure that such proposals are given serious consideration.’’ The RFA covers a wide-range of small entities, including small businesses, not-forprofit organizations, and small governmental jurisdictions. Agencies must perform a review to determine whether a rule will have a significant economic impact on a substantial number of small entities. If the agency determines that it will, the agency must prepare a regulatory flexibility analysis as described in the RFA. However, if an agency determines that a rule is not expected to have a significant economic impact on a substantial number of small entities, section 605(b) of the RFA provides that the head of the agency may so certify and a regulatory flexibility analysis is not required. The certification must include a statement providing the factual basis for this determination, and the reasoning should be clear. This final rule simply identifies the civil monetary penalties for violations of the statutory and regulatory provisions we enforce. The penalty amounts are those specified by statute or called for under the inflation adjustment statutes, and the information in this rule is required by the Debt Collection Improvement Act of 1996. Its economic impact is minimal. Therefore, as the FAA Administrator, I certify that this rule will not have a significant economic impact on a substantial number of small entities. International Trade Impact Assessment The Trade Agreements Act of 1979 (Pub. L. 96–39), as amended by the Uruguay Round Agreements Act (Pub. L. 103–465), prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. Pursuant to these Acts, the establishment of standards is not considered an unnecessary obstacle to the foreign commerce of the United States, so long as the standards have a legitimate domestic objective, such as the protection of safety, and do not operate in a manner that excludes imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. This rule only summarizes civil monetary penalties, established by legislation, for violations of statutory and regulatory provisions that apply equally to domestic and foreign entities; therefore, we have determined that this PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 72937 rule will not result in an impact on international trade by companies doing business in or with the United States. Unfunded Mandates Reform Assessment Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4) requires each Federal agency to prepare a written statement assessing the effects of any Federal mandate in a proposed or final agency rule that may result in an expenditure of $100 million or more (adjusted annually for inflation with the base year 1995) in any one year by State, local, and Tribal governments, in the aggregate, or by the private sector; such a mandate is deemed to be a ‘‘significant regulatory action.’’ The level equivalent of $100 million in CY 1995, adjusted for inflation to CY 2007 levels by the Consumer Price Index for all Urban Consumers (CPI–U) as published by the Bureau of Labor Statistics, is $143.1 million. This final rule does not contain such a mandate since it only identifies the increase in penalties as required by the Debt Collection Improvement Act of 1996. Therefore, the requirements of Title II of the Act do not apply. Executive Order 13132, Federalism The FAA has analyzed this final rule under the principles and criteria of Executive Order 13132, Federalism. We determined that this action will not have a substantial direct effect on the States, or the relationship between the national Government and the States, or on the distribution of power and responsibilities among the various levels of government. Therefore, the FAA has determined that this final rule does not have federalism implications. Environmental Analysis FAA Order 1050.1E identifies FAA actions that are categorically excluded from preparation of an environmental assessment or environmental impact statement under the National Environmental Policy Act in the absence of extraordinary circumstances. The FAA has determined this rulemaking action qualifies for the categorical exclusion and involves no extraordinary circumstances. Regulations That Significantly Affect Energy Supply, Distribution, or Use The FAA analyzed this final rule under Executive Order 13211, Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use (May 18, 2001). The agency has determined that it is not a ‘‘significant energy action’’ under the executive order and it is not likely to E:\FR\FM\29NOR1.SGM 29NOR1 72938 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations have a significant adverse effect on the supply, distribution, or use of energy. Availability of Rulemaking Documents You can get an electronic copy using the Internet by: (1) Searching the Federal eRulemaking Portal at https:// www.regulations.gov; (2) Visiting the FAA’s Regulations and Policies Web page at https://www.faa. gov/regulations_policies/; or (3) Accessing the Government Printing Office’s Web page at https:// www.gpoaccess.gov/fr/. You can also get a copy by sending a request to the Federal Aviation Administration, Office of Rulemaking, ARM–1, 800 Independence Avenue, SW., Washington, DC 20591, or by calling (202) 267–9680. Make sure to identify the amendment number or docket number of this rulemaking. Anyone is able to search the electronic form of all comments received into any of our dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act statement in the Federal Register published on April 11, 2000 (Volume 65, Number 70; Pages 19477–78) or you may visit https://www.regulations.gov. Small Business Regulatory Enforcement Fairness Act The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 1996 requires FAA to comply with small entity requests for information or advice about compliance with statutes and regulations within its jurisdiction. If you are a small entity and you have a question regarding this document, you may contact your local FAA official, or the person listed under the FOR FURTHER INFORMATION CONTACT heading at the beginning of the preamble. You can find out more about SBREFA on the Internet at https://www.faa.gov/ regulations_policies/rulemaking/ sbre_act/. Hazardous materials transportation, Investigations, Law enforcement, Penalties. The Amendment In consideration of the foregoing, the Federal Aviation Administration amends Chapter I of title 14, Code of Federal Regulations as follows: ■ PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 1. The authority citation for part 13 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. 2. Amend § 13.305(d) by removing Tables 1 through 3 and adding a new table in their place to read as follows: ■ List of Subjects in CFR 14 Part 13 § 13.305 Cost of living adjustments of civil monetary penalties. Administrative practice and procedure, Air transportation, * * * (d) * * * * * TABLE OF MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS OCCURRING ON OR AFTER DECEMBER 29, 2010 New or adjusted maximum penalty amount Civil monetary penalty description Minimum penalty amount New or adjusted minimum penalty amount Maximum penalty amount when last set or adjusted pursuant to law 49 U.S.C. 5123(a), subparagraph (1). Violation of hazardous materials transportation law. No change ....... $50,000 per violation, reset 8/10/2005. $55,000 per violation. 49 U.S.C. 5123(a), subparagraph (2). Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction. Violation of hazardous materials transportation law relating to training. Violation by a person other than an individual or small business concern under 49 CFR 46301(a)(1)(A) or (B). Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B). Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered in 49 U.S.C. 46301(a)(5)). Violation of 49 U.S.C. 47107(b) (or any assurance made under such section) or 49 U.S.C. 47133. $250 per violation, reset 8/ 10/2005. $250 per violation, reset 8/ 10/2005. No change ....... $100,000 per violation, set 8/10/2005. $110,000 per violation. $450 per violation, set 8/10/ 2005. N/A ................... No change ....... $50,000 per violation, set 8/10/2005. $55,000 per violation. N/A ................... $25,000 per violation, reset 12/12/2003. $27,500 per violation. N/A ................... N/A ................... $1,100 per violation, reset 12/12/2003. No change. N/A ................... N/A ................... $1,100 per violation, reset 12/12/2003. No change. 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. No change. United States Code cite 49 U.S.C. 5123(a), subparagraph (3). 49 U.S.C. 46301(a)(1) ..... 49 U.S.C. 46301(a)(1) ..... mstockstill on DSKB9S0YB1PROD with RULES 49 U.S.C. 46301(a)(1) ..... 49 U.S.C. 46301(a)(3) ..... VerDate Mar<15>2010 16:19 Nov 26, 2010 Jkt 223001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\29NOR1.SGM 29NOR1 Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 72939 TABLE OF MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS OCCURRING ON OR AFTER DECEMBER 29, 2010—Continued New or adjusted maximum penalty amount United States Code cite Civil monetary penalty description Minimum penalty amount New or adjusted minimum penalty amount Maximum penalty amount when last set or adjusted pursuant to law 49 U.S.C. 46301(a)(5)(A) Violation by an individual or small business concern (except an airman serving as an airman) under 49 U.S.C. 46301(a)(5)(A)(i) or (ii). Violation by an individual or small business concern related to the transportation of hazardous materials. Violation by an individual or small business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation. Violation by an individual or small business concern of 49 U.S.C. 44718(d), relating to limitation on construction or establishment of landfills. Violation by an individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts. Tampering with a smoke alarm device. Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States. Interference with cabin or flight crew. Permanent closure of an airport without providing sufficient notice. Violation of 49 U.S.C. 47528– 47530, relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels. N/A ................... N/A ................... $11,000 per violation, adjusted 6/15/2006. No change. N/A ................... N/A ................... $11,000 per violation, adjusted 6/15/2006. No change. N/A ................... N/A ................... $11,000 per violation, adjusted 6/16/2006. No change. N/A ................... N/A ................... $11,000 per violation, adjusted 6/15/2006. No change. N/A ................... N/A ................... $11,000 per violation, adjusted 6/15/2006. No change. N/A ................... N/A ................... N/A ................... N/A ................... $2,200 per violation, adjusted 1/21/1997. $11,000 per violation, adjusted 1/21/1997. $3,200 per violation. $16,000 per violation. N/A ................... N/A ................... No change. N/A ................... N/A ................... $27,500, adjusted 6/15/ 2006. $11,000 per day, adjusted 6/15/2006. N/A ................... N/A ................... See 49 U.S.C. 46301(a)(1)(A) and (a)(5), above. No change. 49 U.S.C. 46301(a)(5)(B)(i). 49 U.S.C. 46301(a)(5)(B)(ii). 49 U.S.C. 46301(a)(5)(B)(iii). 49 U.S.C. 46301(a)(5)(B)(iv). 49 U.S.C. 46301(b) .......... 49 U.S.C. 46302 .............. 49 U.S.C. 46318 .............. 49 U.S.C. 46319 .............. 49 U.S.C. 47531 .............. Issued in Washington, DC on November 22, 2010. J. Randolph Babbitt, Administrator. [FR Doc. 2010–29920 Filed 11–26–10; 8:45 am] DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 71 [Docket No. FAA–2010–0719; Airspace Docket No. 10–ANM–8] BILLING CODE 4910–13–P Modification of Class E Airspace; Portland, OR mstockstill on DSKB9S0YB1PROD with RULES This action will modify existing Class E airspace at Portland, OR, to accommodate aircraft using the Localizer/Distance Measuring Equipment (LOC/DME) Standard VerDate Mar<15>2010 16:19 Nov 26, 2010 Jkt 223001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 Instrument Approach Procedures (SIAPs) at Portland International Airport. This will improve the safety and management of Instrument Flight Rules (IFR) operations at the airport. This action also would adjust the geographic coordinates for the airports and the Corvallis VHF Omni-Directional Radio Range/Distance Measuring Equipment (VOR/DME). Effective date, 0901 UTC, March 10, 2011. The Director of the Federal Register approves this incorporation by reference action under 1 CFR Part 51, subject to the annual revision of FAA Order 7400.9 and publication of conforming amendments. DATES: Federal Aviation Administration (FAA), DOT. ACTION: Final rule. AGENCY: SUMMARY: No change. FOR FURTHER INFORMATION CONTACT: Eldon Taylor, Federal Aviation E:\FR\FM\29NOR1.SGM 29NOR1

Agencies

[Federal Register Volume 75, Number 228 (Monday, November 29, 2010)]
[Rules and Regulations]
[Pages 72935-72939]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2010-29920]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 13

[Docket No. FAA-2009-0237; Amendment No. 13-35]
RIN 2120-AJ50

Revisions to the Civil Penalty Inflation Adjustment Tables

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule adjusts for inflation the minimum and maximum
civil monetary penalty amounts the FAA may impose for violations of the
statutes and regulations it enforces in order to continue the deterrent
effect of these penalties. The adjustments are made following a formula
provided by Congress.

DATES: This amendment becomes effective December 29, 2010.

FOR FURTHER INFORMATION CONTACT: Cole Milliard, Office of the Chief
Counsel, Enforcement Division, AGC-300, Federal Aviation
Administration, 800 Independence Avenue, SW., Washington, DC 20591.
Telephone (202) 267-3452. Facsimile (202) 267-5106. E-mail
cole.milliard@faa.gov.

SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking

The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. Subtitle I, Section 106, describes
the authority of the FAA Administrator. Subtitle VII, Aviation
Programs, describes in more detail the scope of the agency's authority.
This rulemaking is issued under the Federal Civil Penalties
Inflation Adjustment Act of 1990, Public Law (Pub. L.) 101-410, as
amended by the Debt Collection Improvement Act of 1996, Public Law 104-
134, codified at 28 U.S.C. 2461 note. These laws authorize the FAA to
adjust the minimum and maximum amounts of civil monetary penalties for
violations of the statues it enforces to preserve their deterrent
effect.

Good Cause for Immediate Adoption of This Final Rule

The FAA finds that good cause exists under 5 U.S.C. 553(b)(B) for
adopting

[[Page 72936]]

this final rule without notice and comment. This rule effectuates the
intent of the Federal Civil Penalties Inflation Adjustment Act to allow
for regular adjustment, for inflation, of civil monetary penalties to
preserve the deterrent effect of civil monetary penalties and promote
compliance with the law. The inflation adjustments to penalties under
this rule apply a formula mandated by Congress. Thus, it is unnecessary
to delay these adjustments to receive public comment. Such comments
would not allow the FAA to develop any basis to change the method or
application of the mandatory inflation adjustments.

Discussion

Background

Under the Debt Collection Improvement Act of 1996, the FAA must
adjust all applicable civil monetary penalties at least once every 4
years. In doing so, the FAA must also apply a formula Congress included
in the Debt Collection Improvement Act of 1996 to determine the amount
of increase to each of its civil monetary penalties. Both of these
requirements are included in 28 U.S.C. 2461 note.

Prior FAA Rulemakings

In 1996 (61 FR 67445; December 20, 1996), we added subpart H, Civil
Monetary Penalty Inflation Adjustment, to 14 CFR part 13. Subpart H
implements the terms of 28 U.S.C. 2461 note. We also made our initial
adjustment to the civil monetary penalties applicable to the FAA's
enforcement program in that rulemaking. The current rulemaking is the
FAA's third adjustment of its civil monetary penalties since the
regulation was adopted. Previous adjustments were made in 2002
(Amendment No. 13-31; 67 FR 6364; February 11, 2002) and 2006
(Amendment No. 13-33; 71 FR 47 28518; May 16, 2006). The 2006
adjustment also incorporated in Subpart H several statutory changes to
our authority to impose civil penalties.

This Rulemaking

In this rulemaking, we adjust the civil penalty amounts listed in
Tables 2 and 3 of 14 CFR part 13, subpart H, for inflation in
accordance with the formula set forth in Subpart H. Under subpart H, we
determine the inflation adjustment for each applicable civil penalty by
increasing the maximum civil penalty or the range of minimum and
maximum civil penalties by the ``cost-of-living adjustment'' (COLA).
The COLA is ``the percentage (if any) for each civil monetary penalty
by which the Consumer Price Index (CPI) for the month of June of the
calendar year preceding the adjustment exceeds the CPI for the month of
June of the calendar year in which the amount of such civil penalty was
last set or adjusted pursuant to law.'' Each increase is rounded off as
described in 14 CFR 13.305(a) and the rounded-off increase is added to
the existing civil penalty amount. For the initial adjustment of a
civil penalty under Subpart H, the increase is limited to ten percent
of the civil penalty amount, as stated in 14 CFR 13.305(c).
For this rulemaking, we looked at the increase of the CPI for June
2009 over the CPIs for the years in which each civil penalty amount was
last set, reset, or adjusted. The words ``set'' and ``reset'' in this
context indicate that Congress has added to or changed the FAA's
statutory authority to impose civil monetary penalties. The word
``adjusted'' indicates a change we made under Subpart H.

Civil Penalty Inflation Adjustment

Relevant CPI's

The CPI for June 2009 was 215.693. The CPI for the month of June of
the calendar years in which civil monetary penalty amounts were last
set, reset, or adjusted are:
(1) 160.3 for June 1997;
(2) 183.7 for June 2003;
(3) 194.5 for June 2005; and
(4) 202.9 for June 2006.

COLAs
------------------------------------------------------------------------
Year COLA calculation COLA amount
------------------------------------------------------------------------
1997............................ 215.693/160.3 1.346 (134.6%)
2003............................ 215.693/183.7 1.174 (117.4%)
2005............................ 215.693/194.5 1.109 (110.9%)
2006............................ 215.693/202.9 1.063 (106.3%)
------------------------------------------------------------------------

Round-off Formula

(1) Multiple of $10, in the case of penalties less than or equal to
$100;
(2) Multiple of $100, in the case of penalties greater than $100
but less than or equal to $1,000;
(3) Multiple of $1,000, in the case of penalties greater than
$1,000 but less than or equal to $10,000;
(4) Multiple of $5,000, in the case of penalties greater than
$10,000 but less than $100,000;
(5) Multiple of $10,000, in the case of penalties greater than
$100,000 but less than or equal to $200,000;
(6) Multiple of $25,000, in the case of penalties greater than
$200,000.

Results of Calculations for Inflation Adjustment

Using the methodology outlined in 28 U.S.C. 2461 note and
implemented in 14 CFR part 13 subpart H, we have determined that
several of our civil monetary penalties should be adjusted. The
adjusted civil monetary penalty amounts are set forth in ``Table of
Minimum and Maximum Civil Monetary Penalty Amounts for Certain
Violations Occurring on or After December 29, 2010'', which will be
located in 14 CFR 13.305(d).

Paperwork Reduction Act

The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there is no new requirement for information collection associated with
this final rule.

International Compatibility

In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.

Regulatory Notices and Analyses

Changes to Federal regulations must undergo several economic
analyses. First, Executive Order 12866 directs that each Federal agency
must propose or adopt a regulation only upon a reasoned determination
that the benefits of the intended regulation justify its costs. Second,
the Regulatory Flexibility Act of 1980 (Pub. L. 96-354) requires

[[Page 72937]]

agencies to analyze the economic impact of regulatory changes on small
entities. Third, the Trade Agreements Act (Pub. L. 96-39) forbids
agencies from setting standards that create unnecessary obstacles to
the foreign commerce of the United States. In developing U.S.
standards, this Trade Act requires agencies to consider international
standards and, where appropriate, that they be the basis of U.S.
standards. Fourth, the Unfunded Mandates Reform Act of 1995 (Pub. L.
104-4) requires agencies to prepare a written assessment of the costs,
benefits, and other effects of proposed or final rules that include a
Federal mandate likely to result in the expenditure by State, local, or
Tribal governments, in the aggregate, or by the private sector, of $100
million or more annually (adjusted for inflation with base year of
1995). This portion of the preamble summarizes the FAA's analysis of
the economic impacts of this final rule.
Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it is included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows:
This final rule simply identifies the civil monetary penalties for
violations of the statutory and regulatory provisions we enforce. The
penalty amounts are those specified by statute or called for under the
inflation adjustment statutes, and the information in this rule is
required by the Debt Collection Improvement Act of 1996. Its economic
impact is minimal.
Also, we determined that this final rule is not a ``significant
regulatory action'' as defined in section 3(f) of Executive Order
12866, and is not ``significant'' as defined in DOT's Regulatory
Policies and Procedures.

Regulatory Flexibility Determination

The Regulatory Flexibility Act of 1980 (Pub. L. 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation. To achieve this principle, agencies are required
to solicit and consider flexible regulatory proposals and to explain
the rationale for their actions to assure that such proposals are given
serious consideration.'' The RFA covers a wide-range of small entities,
including small businesses, not-for-profit organizations, and small
governmental jurisdictions.
Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
This final rule simply identifies the civil monetary penalties for
violations of the statutory and regulatory provisions we enforce. The
penalty amounts are those specified by statute or called for under the
inflation adjustment statutes, and the information in this rule is
required by the Debt Collection Improvement Act of 1996. Its economic
impact is minimal.
Therefore, as the FAA Administrator, I certify that this rule will
not have a significant economic impact on a substantial number of small
entities.

International Trade Impact Assessment

The Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the
Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal
agencies from establishing any standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Pursuant to these Acts, the establishment of
standards is not considered an unnecessary obstacle to the foreign
commerce of the United States, so long as the standards have a
legitimate domestic objective, such as the protection of safety, and do
not operate in a manner that excludes imports that meet this objective.
The statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards.
This rule only summarizes civil monetary penalties, established by
legislation, for violations of statutory and regulatory provisions that
apply equally to domestic and foreign entities; therefore, we have
determined that this rule will not result in an impact on international
trade by companies doing business in or with the United States.

Unfunded Mandates Reform Assessment

Title II of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-
4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(adjusted annually for inflation with the base year 1995) in any one
year by State, local, and Tribal governments, in the aggregate, or by
the private sector; such a mandate is deemed to be a ``significant
regulatory action.'' The level equivalent of $100 million in CY 1995,
adjusted for inflation to CY 2007 levels by the Consumer Price Index
for all Urban Consumers (CPI-U) as published by the Bureau of Labor
Statistics, is $143.1 million.
This final rule does not contain such a mandate since it only
identifies the increase in penalties as required by the Debt Collection
Improvement Act of 1996. Therefore, the requirements of Title II of the
Act do not apply.

Executive Order 13132, Federalism

The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. We determined that this
action will not have a substantial direct effect on the States, or the
relationship between the national Government and the States, or on the
distribution of power and responsibilities among the various levels of
government. Therefore, the FAA has determined that this final rule does
not have federalism implications.

Environmental Analysis

FAA Order 1050.1E identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined this rulemaking action qualifies for the categorical
exclusion and involves no extraordinary circumstances.

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

The FAA analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and it
is not likely to

[[Page 72938]]

have a significant adverse effect on the supply, distribution, or use
of energy.

Availability of Rulemaking Documents

You can get an electronic copy using the Internet by:
(1) Searching the Federal eRulemaking Portal at https://www.regulations.gov;
(2) Visiting the FAA's Regulations and Policies Web page at https://www.faa.gov/regulations_policies/; or
(3) Accessing the Government Printing Office's Web page at https://www.gpoaccess.gov/fr/.
You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make
sure to identify the amendment number or docket number of this
rulemaking.
Anyone is able to search the electronic form of all comments
received into any of our dockets by the name of the individual
submitting the comment (or signing the comment, if submitted on behalf
of an association, business, labor union, etc.). You may review DOT's
complete Privacy Act statement in the Federal Register published on
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit
https://www.regulations.gov.

Small Business Regulatory Enforcement Fairness Act

The Small Business Regulatory Enforcement Fairness Act (SBREFA) of
1996 requires FAA to comply with small entity requests for information
or advice about compliance with statutes and regulations within its
jurisdiction. If you are a small entity and you have a question
regarding this document, you may contact your local FAA official, or
the person listed under the FOR FURTHER INFORMATION CONTACT heading at
the beginning of the preamble. You can find out more about SBREFA on
the Internet at https://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

List of Subjects in CFR 14 Part 13

Administrative practice and procedure, Air transportation,
Hazardous materials transportation, Investigations, Law enforcement,
Penalties.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration
amends Chapter I of title 14, Code of Federal Regulations as follows:

PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

0
1. The authority citation for part 13 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(d) by removing Tables 1 through 3 and adding a
new table in their place to read as follows:

Sec. 13.305 Cost of living adjustments of civil monetary penalties.

* * * * *
(d) * * *

Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring On or After December 29, 2010
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum penalty
Civil monetary penalty Minimum penalty New or adjusted amount when last set New or adjusted
United States Code cite description amount minimum penalty or adjusted pursuant maximum penalty
amount to law amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a), subparagraph Violation of hazardous $250 per violation, No change........... $50,000 per $55,000 per
(1). materials transportation reset 8/10/2005. violation, reset 8/ violation.
law. 10/2005.
49 U.S.C. 5123(a), subparagraph Violation of hazardous $250 per violation, No change........... $100,000 per $110,000 per
(2). materials transportation reset 8/10/2005. violation, set 8/10/ violation.
law resulting in death, 2005.
serious illness, severe
injury, or substantial
property destruction.
49 U.S.C. 5123(a), subparagraph Violation of hazardous $450 per violation, No change........... $50,000 per $55,000 per
(3). materials transportation set 8/10/2005. violation, set 8/10/ violation.
law relating to training. 2005.
49 U.S.C. 46301(a)(1)............. Violation by a person N/A.................. N/A................. $25,000 per $27,500 per
other than an individual violation, reset 12/ violation.
or small business concern 12/2003.
under 49 CFR
46301(a)(1)(A) or (B).
49 U.S.C. 46301(a)(1)............. Violation by an airman N/A.................. N/A................. $1,100 per violation, No change.
serving as an airman reset 12/12/2003.
under 49 U.S.C.
46301(a)(1)(A) or (B)
(but not covered by
46301(a)(5)(A) or (B).
49 U.S.C. 46301(a)(1)............. Violation by an individual N/A.................. N/A................. $1,100 per violation, No change.
or small business concern reset 12/12/2003.
under 49 U.S.C.
46301(a)(1)(A) or (B)
(but not covered in 49
U.S.C. 46301(a)(5)).
49 U.S.C. 46301(a)(3)............. Violation of 49 U.S.C. N/A.................. N/A................. Increase above No change.
47107(b) (or any otherwise applicable
assurance made under such maximum amount not
section) or 49 U.S.C. to exceed 3 times
47133. the amount of
revenues that are
used in violation of
such section.

[[Page 72939]]

49 U.S.C. 46301(a)(5)(A).......... Violation by an individual N/A.................. N/A................. $11,000 per No change.
or small business concern violation, adjusted
(except an airman serving 6/15/2006.
as an airman) under 49
U.S.C. 46301(a)(5)(A)(i)
or (ii).
49 U.S.C. 46301(a)(5)(B)(i)....... Violation by an individual N/A.................. N/A................. $11,000 per No change.
or small business concern violation, adjusted
related to the 6/15/2006.
transportation of
hazardous materials.
49 U.S.C. 46301(a)(5)(B)(ii)...... Violation by an individual N/A.................. N/A................. $11,000 per No change.
or small business concern violation, adjusted
related to the 6/16/2006.
registration or
recordation under 49
U.S.C. chapter 441, of an
aircraft not used to
provide air
transportation.
49 U.S.C. 46301(a)(5)(B)(iii)..... Violation by an individual N/A.................. N/A................. $11,000 per No change.
or small business concern violation, adjusted
of 49 U.S.C. 44718(d), 6/15/2006.
relating to limitation on
construction or
establishment of
landfills.
49 U.S.C. 46301(a)(5)(B)(iv)...... Violation by an individual N/A.................. N/A................. $11,000 per No change.
or small business concern violation, adjusted
of 49 U.S.C. 44725, 6/15/2006.
relating to the safe
disposal of life-limited
aircraft parts.
49 U.S.C. 46301(b)................ Tampering with a smoke N/A.................. N/A................. $2,200 per violation, $3,200 per
alarm device. adjusted 1/21/1997. violation.
49 U.S.C. 46302................... Knowingly providing false N/A.................. N/A................. $11,000 per $16,000 per
information about alleged violation, adjusted violation.
violation involving the 1/21/1997.
special aircraft
jurisdiction of the
United States.
49 U.S.C. 46318................... Interference with cabin or N/A.................. N/A................. $27,500, adjusted 6/ No change.
flight crew. 15/2006.
49 U.S.C. 46319................... Permanent closure of an N/A.................. N/A................. $11,000 per day, No change.
airport without providing adjusted 6/15/2006.
sufficient notice.
49 U.S.C. 47531................... Violation of 49 U.S.C. N/A.................. N/A................. See 49 U.S.C. No change.
47528-47530, relating to 46301(a)(1)(A) and
the prohibition of (a)(5), above.
operating certain
aircraft not complying
with stage 3 noise levels.
--------------------------------------------------------------------------------------------------------------------------------------------------------

Issued in Washington, DC on November 22, 2010.
J. Randolph Babbitt,
Administrator.
[FR Doc. 2010-29920 Filed 11-26-10; 8:45 am]
BILLING CODE 4910-13-P

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