Amendment of Class E Airspace; Anthony, KS, 68681-68682 [2012-27834]
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Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Rules and Regulations
78u–2(b)(1) and (2), and the penalty for
a natural person under 15 U.S.C. 78u–
2(b)(3). The penalties that are not
adjusted at this time because of this
rounding formula will be subject to
adjustment at the next adjustment cycle
to take account of the entire period
since their last adjustment.
The following is an example of the
methodology for adjusting CMPs, using
the penalty for a first tier violation of 12
U.S.C. 1847(d). First, because that CMP
was last adjusted in 2000, we calculated
the percent increase between the CPI–U
for June 2000 (172.4) and the CPI–U for
June 2011 (225.72). We then took that
percentage (30.9%) and multiplied it by
the current CMP amount of $2,200 to
obtain an inflation increase of $679.80.
Because the current CMP amount is
greater than $1,000 but less than
$10,000, the Act requires us to round
the inflation increase to the nearest
multiple of $1,000. Rounding $679.80 to
the nearest multiple of $1,000 yields
$1,000. Accordingly, the increase to the
$2,200 penalty for a first tier violation
of 12 U.S.C. 1847(d) is $1,000, resulting
in an adjusted CMP of $3,200.
emcdonald on DSK7TPTVN1PROD with RULES
Administrative Procedure Act
This rule is not subject to the
provisions of the Administrative
Procedure Act (APA), 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, impracticable, and
contrary to the public interest, pursuant
to the 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)(3).
Regulatory Flexibility Act
The Regulatory Flexibility Act, 5
U.S.C. 601 et seq., applies only to rules
for which an agency publishes a general
notice of proposed rulemaking. Because
the Board has determined for good
cause that a notice of proposed
rulemaking for this rule is unnecessary,
the Regulatory Flexibility Act does not
apply to this final rule.
Paperwork Reduction Act
There is no collection of information
required by this final rule that would be
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subject to the Paperwork Reduction Act
of 1995, 44 U.S.C. 3501 et seq.
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
amends 12 CFR part 263 as follows:
PART 263—RULES OF PRACTICE FOR
HEARINGS
1. The authority citation for part 263
continues to read as follows:
■
Authority: 5 U.S.C. 504, 554–557; 12
U.S.C. 248, 324, 504, 505, 1464, 1467, 1467a,
1468, 1817(j), 1818, 1820(k), 1828(c), 1829(e),
1831o, 1831p–1, 1847(b), 1847(d), 1884(b),
1972(2)(F), 3105, 3107, 3108, 3349, 3907,
3909, 4717; 15 U.S.C. 21, 78(1), 78o–4, 78o–
5, 78u–2; 28 U.S.C. 2461 note; 31 U.S.C.
5321; and 42 U.S.C. 4012a.
2. Section 263.65 is revised to read as
follows:
■
68681
(iii) Third tier—$1,425,000.
(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:
(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 $700,000 for
any other person.
(10) 42 U.S.C. 4012a(f)(5)—$2,000.
(11) 12 U.S.C. 1467a(i):
(i) 12 U.S.C. 1467a(i)(2)—$32,500.
(ii) 12 U.S.C. 1467a(i)(3)—$32,500.
(12) 12 U.S.C. 1467a(r):
(i) 12 U.S.C. 1467a(r)(1)—$3,200.
(ii) 12 U.S.C. 1467a(r)(2)—$32,500.
(iii) 12 U.S.C. 1467a(r)(3)—
$1,425,000.
By order of the Board of Governors of the
Federal Reserve System, November 9, 2012.
Robert deV. Frierson,
Secretary of the Board.
[FR Doc. 2012–27857 Filed 11–15–12; 8:45 am]
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§ 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
the adjusted maximum amounts for
each civil money penalty provided by
law within the Board’s jurisdiction. The
authorizing statutes contain the
complete provisions under which the
Board may seek a civil money penalty.
The adjusted civil money penalties
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, false or
misleading reports, inter alia—$3,200.
(ii) Other late, false or misleading
reports, inter alia—$32,000.
(iii) Knowingly or recklessly false or
misleading reports, inter alia—
$1,425,000.
(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—$1,425,000.
(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—$3,200.
(ii) Second tier—$32,000.
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2012–0652; Airspace
Docket No. 12–ACE–4]
Amendment of Class E Airspace;
Anthony, KS
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends Class E
airspace at Anthony, KS. Additional
controlled airspace is necessary to
accommodate new Area Navigation
(RNAV) Standard Instrument Approach
Procedures at Anthony Municipal
Airport. The FAA is taking this action
to enhance the safety and management
of Instrument Flight Rule (IFR)
operations at the airport.
DATES: Effective date: 0901 UTC,
January 10, 2013. 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.
FOR FURTHER INFORMATION CONTACT:
Scott Enander, Central Service Center,
Operations Support Group, Federal
Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort
Worth, TX 76137; telephone 817–321–
7716.
SUMMARY:
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68682
Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Rules and Regulations
SUPPLEMENTARY INFORMATION:
emcdonald on DSK7TPTVN1PROD with RULES
History
On August 2, 2012, the FAA
published in the Federal Register a
notice of proposed rulemaking (NPRM)
to amend Class E airspace for the
Anthony, KS, area, creating additional
controlled airspace at Anthony
Municipal Airport (77 FR 45983) Docket
No. FAA–2012–0652. Interested parties
were invited to participate in this
rulemaking effort by submitting written
comments on the proposal to the FAA.
No comments were received. Class E
airspace designations are published in
paragraph 6005 of FAA Order 7400.9W
dated August 8, 2012, and effective
September 15, 2012, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) Part 71 by
amending Class E airspace extending
upward from 700 feet above the surface
to accommodate new standard
instrument approach procedures at
Anthony Municipal Airport, Anthony,
KS. This action is necessary for the
safety and management of IFR
operations at the airport.
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.
The FAA’s authority to issue rules
regarding aviation safety is found in
Title 49 of the U.S. Code. Subtitle 1,
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
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
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of airspace necessary to ensure the
safety of aircraft and the efficient use of
airspace. This regulation is within the
scope of that authority as it amends
controlled airspace at Anthony
Municipal Airport, Anthony, KS.
Environmental Review
The FAA has determined that this
action qualifies for categorical exclusion
under the National Environmental
Policy Act in accordance with FAA
Order 1050.1E, ‘‘Environmental
Impacts: Policies and Procedures,’’
paragraph 311a. This airspace action is
not expected to cause any potentially
significant environmental impacts, and
no extraordinary circumstances exist
that warrant preparation of an
environmental assessment.
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:
PART 71—DESIGNATION OF CLASS A,
B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND
REPORTING POINTS
1. The authority citation for 14 CFR
part 71 continues to read as follows:
■
Authority: 49 U.S.C. 106(g), 40103, 40113,
40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959–
1963 Comp., p. 389.
§ 71.1
[Amended]
2. The incorporation by reference in
14 CFR 71.1 of the Federal Aviation
Administration Order 7400.9W,
Airspace Designations and Reporting
Points, dated August 8, 2012, and
effective September 15, 2012, is
amended as follows:
■
Paragraph 6005 Class E airspace areas
extending upward from 700 feet or more
above the surface.
*
*
*
*
*
ACE KS E5 Anthony, KS [Amended]
Anthony Municipal Airport, KS
(Lat. 37°09′31″ N., long. 98°04′47″ W.)
That airspace extending upward from 700
feet above the surface within a 6.4-mile
radius of Anthony Municipal Airport, and
within 2 miles each side of the 000° bearing
from the airport extending from the 6.4-mile
radius to 12 miles north of the airport.
Issued in Fort Worth, Texas, on October 25,
2012.
David P. Medina,
Manager, Operations Support Group, ATO
Central Service Center.
[FR Doc. 2012–27834 Filed 11–15–12; 8:45 am]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA–2011–1436; Airspace
Docket No. 11–ACE–29]
Amendment of Class E Airspace;
Guthrie, IA
Federal Aviation
Administration (FAA), DOT.
ACTION: Final rule.
AGENCY:
This action amends Class E
airspace at Guthrie, IA.
Decommissioning of the Guthrie Center
non-directional radio beacon (NDB) at
Guthrie County Regional Airport has
made reconfiguration necessary for
standard instrument approach
procedures and for the safety and
management of Instrument Flight Rule
(IFR) operations at the airport.
Geographic coordinates of the airport
are also adjusted.
DATES: Effective date: 0901 UTC,
January 10, 2013. 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.
FOR FURTHER INFORMATION CONTACT:
Scott Enander, Central Service Center,
Operations Support Group, Federal
Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort
Worth, TX 76137; telephone 817–321–
7716.
SUMMARY:
SUPPLEMENTARY INFORMATION:
History
On August 2, 2012, the FAA
published in the Federal Register a
notice of proposed rulemaking (NPRM)
to amend Class E airspace for the
Guthrie, IA, area, creating additional
controlled airspace at Guthrie County
Regional Airport (77 FR 45987) Docket
No. FAA–2011–1436. Interested parties
were invited to participate in this
rulemaking effort by submitting written
comments on the proposal to the FAA.
No comments were received. Class E
airspace designations are published in
paragraph 6005 of FAA Order 7400.9W
dated August 8, 2012, and effective
September 15, 2012, which is
incorporated by reference in 14 CFR
71.1. The Class E airspace designations
listed in this document will be
published subsequently in the Order.
The Rule
This action amends Title 14 Code of
Federal Regulations (14 CFR) part 71 by
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Agencies
[Federal Register Volume 77, Number 222 (Friday, November 16, 2012)]
[Rules and Regulations]
[Pages 68681-68682]
From the Federal Register Online via the Government Printing Office [www.gpo.gov]
[FR Doc No: 2012-27834]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 71
[Docket No. FAA-2012-0652; Airspace Docket No. 12-ACE-4]
Amendment of Class E Airspace; Anthony, KS
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: This action amends Class E airspace at Anthony, KS. Additional
controlled airspace is necessary to accommodate new Area Navigation
(RNAV) Standard Instrument Approach Procedures at Anthony Municipal
Airport. The FAA is taking this action to enhance the safety and
management of Instrument Flight Rule (IFR) operations at the airport.
DATES: Effective date: 0901 UTC, January 10, 2013. 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.
FOR FURTHER INFORMATION CONTACT: Scott Enander, Central Service Center,
Operations Support Group, Federal Aviation Administration, Southwest
Region, 2601 Meacham Blvd., Fort Worth, TX 76137; telephone 817-321-
7716.
[[Page 68682]]
SUPPLEMENTARY INFORMATION:
History
On August 2, 2012, the FAA published in the Federal Register a
notice of proposed rulemaking (NPRM) to amend Class E airspace for the
Anthony, KS, area, creating additional controlled airspace at Anthony
Municipal Airport (77 FR 45983) Docket No. FAA-2012-0652. Interested
parties were invited to participate in this rulemaking effort by
submitting written comments on the proposal to the FAA. No comments
were received. Class E airspace designations are published in paragraph
6005 of FAA Order 7400.9W dated August 8, 2012, and effective September
15, 2012, which is incorporated by reference in 14 CFR 71.1. The Class
E airspace designations listed in this document will be published
subsequently in the Order.
The Rule
This action amends Title 14 Code of Federal Regulations (14 CFR)
Part 71 by amending Class E airspace extending upward from 700 feet
above the surface to accommodate new standard instrument approach
procedures at Anthony Municipal Airport, Anthony, KS. This action is
necessary for the safety and management of IFR operations at the
airport.
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.
The FAA's authority to issue rules regarding aviation safety is
found in Title 49 of the U.S. Code. Subtitle 1, 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 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
airspace necessary to ensure the safety of aircraft and the efficient
use of airspace. This regulation is within the scope of that authority
as it amends controlled airspace at Anthony Municipal Airport, Anthony,
KS.
Environmental Review
The FAA has determined that this action qualifies for categorical
exclusion under the National Environmental Policy Act in accordance
with FAA Order 1050.1E, ``Environmental Impacts: Policies and
Procedures,'' paragraph 311a. This airspace action is not expected to
cause any potentially significant environmental impacts, and no
extraordinary circumstances exist that warrant preparation of an
environmental assessment.
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:
PART 71--DESIGNATION OF CLASS A, B, C, D, AND E AIRSPACE AREAS; AIR
TRAFFIC SERVICE ROUTES; AND REPORTING POINTS
0
1. The authority citation for 14 CFR part 71 continues to read as
follows:
Authority: 49 U.S.C. 106(g), 40103, 40113, 40120; E.O. 10854,
24 FR 9565, 3 CFR, 1959-1963 Comp., p. 389.
Sec. 71.1 [Amended]
0
2. The incorporation by reference in 14 CFR 71.1 of the Federal
Aviation Administration Order 7400.9W, Airspace Designations and
Reporting Points, dated August 8, 2012, and effective September 15,
2012, is amended as follows:
Paragraph 6005 Class E airspace areas extending upward from 700
feet or more above the surface.
* * * * *
ACE KS E5 Anthony, KS [Amended]
Anthony Municipal Airport, KS
(Lat. 37[deg]09'31'' N., long. 98[deg]04'47'' W.)
That airspace extending upward from 700 feet above the surface
within a 6.4-mile radius of Anthony Municipal Airport, and within 2
miles each side of the 000[deg] bearing from the airport extending
from the 6.4-mile radius to 12 miles north of the airport.
Issued in Fort Worth, Texas, on October 25, 2012.
David P. Medina,
Manager, Operations Support Group, ATO Central Service Center.
[FR Doc. 2012-27834 Filed 11-15-12; 8:45 am]
BILLING CODE 4910-13-P