81 FR 36454 - Civil Monetary Penalty Adjustments for Inflation
DEPARTMENT OF COMMERCE
Office of the Secretary Federal Register Volume 81, Issue 109 (June 7, 2016)
Office of the Secretary
Federal Register Volume 81, Issue 109 (June 7, 2016)
| Page Range | 36454-36458 | |
| FR Document | 2016-13231 |
[Federal Register Volume 81, Number 109 (Tuesday, June 7, 2016)] [Rules and Regulations] [Pages 36454-36458] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-13231] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF COMMERCE Office of the Secretary 15 CFR Part 6 [Docket No. 160523449-6449-01] RIN 0605-AA44 Civil Monetary Penalty Adjustments for Inflation AGENCY: Office of the Chief Financial Officer and Assistant Secretary for Administration, Department of Commerce. ACTION: Interim final rule with request for comments. ----------------------------------------------------------------------- SUMMARY: This interim final rule is being issued to adjust for inflation each civil monetary penalty (CMP) provided by law within the jurisdiction of the Department of Commerce (Commerce Department). The Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, requires the head of each agency to adjust for inflation its CMP levels in effect as of November 2, 2015, under a revised methodology effective for 2016 which provides for initial catch up adjustments for inflation in 2016, and under a revised methodology for each year thereafter. The revised methodologies provide for the improvement of the effectiveness of CMPs and to maintain their deterrent effect. The initial catch up adjustment for inflation of a CMP in 2016 shall not exceed 150 percent of the amount of the CMP on the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (November 2, 2015). The initial catch up adjustments for inflation to CMPs are required to be published through an interim final rule not later than July 1, 2016, and the adjustments for inflation shall take effect not later than August 1, 2016. For each year thereafter, the adjustments for inflation to CMPs shall take effect not later than January 15. These adjustments for inflation apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. [[Page 36455]] These adjustments for inflation apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by Commerce Department after the effective date of the new CMP level. DATES: This rule is effective July 7, 2016; comments must be received on or before July 7, 2016. ADDRESSES: You may submit comments, identified by the regulations.gov docket number DOC-2016-0004, by any of the following methods:Electronic Submissions: Submit all electronic public comments via the Federal eRulemaking Portal. Go to www.regulations.gov/#!docketDetail;D=DOC-2016-0004 click the ``Comment Now'' icon, complete the required fields, and enter or attach your comments. Mail: Acting Deputy Chief Financial Officer, Office of Financial Management, Department of Commerce, 1401 Constitution Ave NW., Room D200, Washington, DC 20230. Instructions: You must submit comments by one of the above methods to ensure that Commerce Department receives the comments and considers them. Comments sent by any other method, to any other address or individual, or received after the end of the comment period, may not be considered. All comments received are a part of the public record and will generally be posted to http://www.regulations.gov without change. All Personal Identifying Information (for example, name, address, etc.) voluntarily submitted by the commenter may be publicly accessible. Do not submit Confidential Business Information or otherwise sensitive or protected information. Commerce Department will accept anonymous comments (enter ``N/A'' in the required fields if you wish to remain anonymous). Attachments to electronic comments will be accepted in Microsoft Word, Excel, WordPerfect, or Adobe PDF file formats only. FOR FURTHER INFORMATION CONTACT: Jennifer Ayers, Acting Deputy Chief Financial Officer and Director for Financial Management, Office of Financial Management, at (202) 482-1207, Department of Commerce, 1401 Constitution Avenue NW., Room D200, Washington, DC 20230. The Commerce Department Civil Monetary Penalties; Adjustment for Inflation are available for downloading from Commerce Department, Office of Financial Management's Web site at the following address: http://www.osec.doc.gov/ofm/OFM_Publications.html. SUPPLEMENTARY INFORMATION: Background The Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410; 28 U.S.C. 2461), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104-134), provided for adjustments for inflation to CMPs to ensure that CMPs continue to maintain their deterrent value and that CMPs due to the Federal Government were properly accounted for and collected. On October 24, 1996, November 1, 2000, December 14, 2004, December 11, 2008, and December 7, 2012, Commerce Department published in the Federal Register a schedule of CMPs adjusted for inflation as required by law. A CMP is defined as any penalty, fine, or other sanction that: 1. Is for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; and, 2. Is assessed or enforced by an agency pursuant to Federal law; and, 3. Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74) further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to improve the effectiveness of CMPs and to maintain their deterrent effect. This amendment requires agencies to: (1) Adjust the CMP levels in effect as of November 2, 2015, with initial catch up adjustments for inflation through an interim final rulemaking; and (2) make subsequent annual adjustments for inflation to CMPs. Agencies are required to publish interim final rules with initial catch up adjustments for inflation by July 1, 2016, and the adjustments for inflation shall take effect no later than August 1, 2016. For each year thereafter, the adjustments for inflation to CMPs shall take effect not later than January 15. The maximum amount for an initial catch up adjustment for inflation shall not exceed 150 percent of the amount of that CMP on the date of enactment of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (November 2, 2015). These adjustments for inflation apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. These adjustments for inflation apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by Commerce Department after the effective date of the new CMP level. For an initial catch up adjustment for inflation to a CMP, agencies may adjust for inflation the amount of a CMP by less than the otherwise required amount if after publishing a notice of proposed rulemaking and providing an opportunity for comment, the agency determines in a final rule that increasing that CMP by the otherwise required amount will have a negative economic impact; or the social costs of increasing that CMP by the otherwise required amount outweigh the benefits. The concurrence of the Director of the Office of Management and Budget will be required if the adjustment for inflation is less than the otherwise required amount. This regulation adjusts for inflation CMPs that are provided by law within the jurisdiction of Commerce Department. The actual CMP assessed for a particular violation is dependent upon a variety of factors. For example, the National Oceanic and Atmospheric Administration's (NOAA) Policy for the Assessment of Civil Administrative Penalties and Permit Sanctions (Penalty Policy), a compilation of NOAA internal guidelines that are used when assessing CMPs for violations for most of the statutes NOAA enforces, will be interpreted in a manner consistent with this regulation to maintain the deterrent effect of the CMPs. The CMP ranges in the Penalty Policy are intended to aid enforcement attorneys in determining the appropriate CMP to assess for a particular violation. The Penalty Policy is maintained and made available to the public on the NOAA Office of the General Counsel, Enforcement Section, Web site at: http://www.gc.noaa.gov/enforce-office3.html. The initial catch up adjustments for inflation to CMPs set forth in this regulation were determined pursuant to the revised methodology prescribed by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires the maximum CMP, or the minimum and maximum CMP, as applicable, to be increased by the cost-of- living adjustment. The term ``cost -of-living adjustment'' is defined by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. For the initial catch up adjustments for inflation to CMPs, the cost-of-living adjustment is the percentage (if any) for each CMP by which the Consumer Price Index for the month of October 2015 exceeds the Consumer Price Index of October of the calendar year during which the amount of such CMP was established or adjusted under a provision of law other than the Federal Civil Penalties Inflation Adjustment Act Improvements Act of [[Page 36456]] 2015. For subsequent adjustments for inflation to CMPs, the cost-of- living adjustment is the percentage (if any) for each CMP by which the Consumer Price Index for the month of October preceding the date of the adjustment exceeds the Consumer Price Index for the previous month of October. Classification Pursuant to 5 U.S.C. 553(b)B, there is good cause to issue this rule without prior public notice or opportunity for public comment because it would be impracticable and unnecessary. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701(b)(1)) requires initial catch up adjustments for inflation to CMPs and to provide the new CMP levels through an interim final rulemaking, to be published by July 1, 2016. This law also requires agencies to make subsequent annual adjustments for inflation to CMPs notwithstanding section 553 of title 5, United States Code. Additionally, the methodologies used for adjusting CMPs for inflation is given by statute, with no discretion provided to agencies regarding the substance of the adjustments for inflation to CMPs. Commerce Department is charged only with performing ministerial computations to determine the dollar amount of adjustments for inflation to CMPs. Accordingly, prior public notice and comment are not required for this rule. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1995, Public Law 104-13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this rule because there are no new or revised recordkeeping or reporting requirements. Regulatory Analysis E.O. 12866, Regulatory Review This rule is not a significant regulatory action as the term is defined in Executive Order 12866. Regulatory Flexibility Act Because notice of proposed rulemaking and opportunity for comment are not required pursuant to 5 U.S.C. 553, or any other law, the analytical requirements of the Regulatory Flexibility act (5 U.S.C. 601, et seq.) are inapplicable. Therefore, a regulatory flexibility analysis is not required and has not been prepared. List of Subjects in 15 CFR Part 6 Law enforcement, Civil monetary penalties. Dated: May 31, 2016. Jennifer Ayers, Acting Deputy Chief Financial Officer and Director for Financial Management, Department of Commerce. Authority and Issuance 0 For the reasons stated in the preamble, Commerce Department revises 15 CFR part 6 to read as follows: PART 6--CIVIL MONETARY PENALTY ADJUSTMENTS FOR INFLATION Sec. Sec. 6.1 Definitions. Sec. 6.2 Purpose and scope. Sec. 6.3 Limitation on initial catch up adjustments for inflation. Sec. 6.4 Adjustments for inflation. Sec. 6.5 Effective date of adjustments for inflation. Sec. 6.6 Subsequent adjustments for inflation. Authority: Pub. L. 101-410, 104 Stat. 890 (28 U.S.C. 2461 note); Pub. L. 104-134, 110 Stat. 1321 (31 U.S.C. 3701 note); Sec. 701 of Pub. L. 114-74, 129 Stat. 599 (28 U.S.C. 1 note; 28 U.S.C. 2461 note). Sec. 6.1 Definitions. (a) Commerce Department means the United States Department of Commerce. (b) Civil Monetary Penalty means any penalty, fine, or other sanction that: (1) Is for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; and (2) Is assessed or enforced by an agency pursuant to Federal law; and (3) Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. Sec. 6.2 Purpose and scope. The purpose of this part is to make adjustments for inflation to civil monetary penalties, as required by the Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101-410; 28 U.S.C. 2461), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104- 134) and the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114-74), of each civil monetary penalty provided by law within the jurisdiction of the United States Department of Commerce (Commerce Department). Sec. 6.3 Limitation on initial catch up adjustments for inflation. The initial catch up adjustment for inflation to a civil monetary penalty shall not exceed 150 percent of the amount of that civil monetary penalty that was in effect as of November 2, 2015. Sec. 6.4 Adjustments for inflation. The civil monetary penalties provided by law within the jurisdiction of Commerce Department, as set forth in paragraphs (a) through (f) of this section, are hereby adjusted for inflation in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended, from the amount of such civil monetary penalties that was in effect as of November 2, 2015, to the amounts of such civil monetary penalties, as thus adjusted. The year stated in parenthesis represents the year that the civil monetary penalty was last set by law or adjusted by law (excluding adjustments for inflation). (a) United States Department of Commerce. (1) 31 U.S.C. 3802(a)(1), Program Fraud Civil Remedies Act of 1986 (1986), violation, maximum from $5,500 to $10,781. (2) 31 U.S.C. 3802(a)(2), Program Fraud Civil Remedies Act of 1986 (1986; newly reported penalty), violation, maximum $10,781. (3) 31 U.S.C. 3729(a)(1)(G), False Claims Act (1986); violation, minimum from $5,500 to $10,781; maximum from $11,000 to $21,563. (b) Bureau of Industry and Security. (1) 15 U.S.C. 5408(b)(1), Fastener Quality Act (1990), violation, maximum from $32,500 to $44,539. (2) 22 U.S.C. 6761(a)(1)(A), Chemical Weapons Convention Implementation Act (1998), violation, maximum from $25,000 to $36,256. (3) 22 U.S.C. 6761(a)(l)(B), Chemical Weapons Convention Implementation Act (1998), violation, maximum from $5,000 to $7,251. (4) 50 U.S.C. 1705(b), International Emergency Economic Powers Act (2007), violation, maximum $284,582. (5) 22 U.S.C. 8142(a), United States Additional Protocol Implementation Act (2006), violation, maximum from $27,500 to $29,464. (c) Census Bureau. (1) 13 U.S.C. 304, Collection of Foreign Trade Statistics (2002), each day's delinquency of a violation; total of not to exceed maximum violation, from $1,000 to $1,312; maximum per violation, from $10,000 to $13,118. (2) 13 U.S.C. 305(b), Collection of Foreign Trade Statistics (2002), violation, maximum from $10,000 to $13,118. (d) Economics and Statistics Administration. (1) 22 U.S.C. 3105(a), International Investment and Trade in Services Act (1990); failure to furnish information, minimum from $2,500 to $4,454; maximum from $32,500 to $44,539. (e) International Trade Administration. (1) 19 U.S.C. 81s, [[Page 36457]] Foreign Trade Zone (1934), violation, maximum from $1,100 to $2,750. (2) 19 U.S.C. 1677f(f)(4), U.S.-Canada FTA Protective Order (1988), violation, maximum from $130,000 to $197,869. (f) National Oceanic and Atmospheric Administration. (1) 51 U.S.C. 60123(a), Land Remote Sensing Policy Act of 2010 (2010), violation, maximum from $10,000 to $10,874. (2) 51 U.S.C. 60148(c), Land Remote Sensing Policy Act of 2010 (2010), violation, maximum from $10,000 to $10,874. (3) 16 U.S.C. 773f(a), Northern Pacific Halibut Act of 1982 (2007), violation, maximum from $200,000 to $227,666. (4) 16 U.S.C. 783, Sponge Act (1914), violation, maximum from $650 to $1,625. (5) 16 U.S.C. 957(d), (e), and (f), Tuna Conventions Act of 1950 (1962): (i) Violation of 16 U.S.C. 957(a), maximum from $32,500 to $81,250. (ii) Subsequent violation of 16 U.S.C. 957(a), maximum from $70,000 to $175,000. (iii) Violation of 16 U.S.C. 957(b), maximum from $1,100 to $2,750. (iv) Subsequent violation of 16 U.S.C. 957(b), maximum from $6,500 to $16,250. (v) Violation of 16 U.S.C. 957(c), maximum from $140,000 to $350,000. (6) 16 U.S.C. 957(i), Tuna Conventions Act of 1950 \1\ (new penalty), violation, maximum $178,156. --------------------------------------------------------------------------- \1\ This National Oceanic and Atmospheric Administration maximum civil monetary penalty, as prescribed by law, is the maximum civil penalty per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act civil monetary penalty (item (15)). --------------------------------------------------------------------------- (7) 16 U.S.C. 959, Tuna Conventions Act of 1950 \2\ (new penalty), violation, maximum $178,156. --------------------------------------------------------------------------- \2\ See footnote 1. --------------------------------------------------------------------------- (8) 16 U.S.C. 971f(a), Atlantic Tunas Convention Act of 1975,\3\ violation, maximum from $140,000 to $178,156. --------------------------------------------------------------------------- \3\ See footnote 1. --------------------------------------------------------------------------- (9) 16 U.S.C. 973f(a), South Pacific Tuna Act of 1988 (1988), violation, maximum from $350,000 to $494,672. (10) 16 U.S.C. 1174(b), Fur Seal Act Amendments of 1983 (1983), violation, maximum from $11,000 to $23,548. (11) 16 U.S.C. 1375(a)(1), Marine Mammal Protection Act of 1972 (1972), violation, maximum from $11,000 to $27,500. (12) 16 U.S.C. 1385(e), Dolphin Protection Consumer Information Act,\4\ violation, maximum from $130,000 to $178,156. --------------------------------------------------------------------------- \4\ This National Oceanic and Atmospheric Administration maximum civil monetary penalty was revised by law in 2015 to be the maximum civil penalty per 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act civil monetary penalty (item (15)). --------------------------------------------------------------------------- (13) 16 U.S.C. 1437(d)(1), National Marine Sanctuaries Act (1992), violation, maximum from $140,000 to $167,728. (14) 16 U.S.C. 1540(a)(1), Endangered Species Act of 1973: (i) Violation as specified (1988), maximum from $32,500 to $49,467. (ii) Violation as specified (1988), maximum from $13,200 to $23,744. (iii) Otherwise violation (1978), maximum from $650 to $1,625. (15) 16 U.S.C. 1858(a), Magnuson-Stevens Fishery Conservation and Management Act (1990), violation, maximum from $140,000 to $178,156. (16) 16 U.S.C. 2437(a), Antarctic Marine Living Resources Convention Act of 1984,\5\ violation, maximum from $6,500 to $178,156. --------------------------------------------------------------------------- \5\ See footnote 4. --------------------------------------------------------------------------- (17) 16 U.S.C. 2465(a), Antarctic Protection Act of 1990,\6\ violation, maximum from $6,500 to $178,156. --------------------------------------------------------------------------- \6\ See footnote 4. --------------------------------------------------------------------------- (18) 16 U.S.C. 3373(a), Lacey Act Amendments of 1981 (1981): (i) 16 U.S.C. 3373(a)(1), violation, maximum from $11,000 to $25,464. (ii) 16 U.S.C. 3373(a)(2), violation, maximum from $275 to $637. (19) 16 U.S.C. 3606(b)(1), Atlantic Salmon Convention Act of 1982,\7\ violation, maximum from $140,000 to $178,156. --------------------------------------------------------------------------- \7\ See footnote 1. --------------------------------------------------------------------------- (20) 16 U.S.C. 3637(b), Pacific Salmon Treaty Act of 1985,\8\ violation, maximum from $140,000 to $178,156. --------------------------------------------------------------------------- \8\ See footnote 1. --------------------------------------------------------------------------- (21) 16 U.S.C. 4016(b)(1)(B), Fish and Seafood Promotion Act of 1986 (1986); violation, minimum from $500 to $1,078; maximum from $6,500 to $10,781. (22) 16 U.S.C. 5010, North Pacific Anadromous Stocks Act of 1992,\9\ violation, maximum from $130,000 to $178,156. --------------------------------------------------------------------------- \9\ See footnote 4. --------------------------------------------------------------------------- (23) 16 U.S.C. 5103(b)(2), Atlantic Coastal Fisheries Cooperative Management Act,\10\ violation, maximum from $140,000 to $178,156. --------------------------------------------------------------------------- \10\ See footnote 1. --------------------------------------------------------------------------- (24) 16 U.S.C. 5154(c)(1), Atlantic Striped Bass Conservation Act,\11\ violation, maximum from $140,000 to $178,156. --------------------------------------------------------------------------- \11\ See footnote 1. --------------------------------------------------------------------------- (25) 16 U.S.C. 5507(a), High Seas Fishing Compliance Act of 1995 (1995), violation, maximum from $130,000 to $154,742. (26) 16 U.S.C. 5606(b), Northwest Atlantic Fisheries Convention Act of 1995,\12\ violation, maximum from $140,000 to $178,156. --------------------------------------------------------------------------- \12\ See footnote 1. --------------------------------------------------------------------------- (27) 16 U.S.C. 6905(c), Western and Central Pacific Fisheries Convention Implementation Act,\13\ violation, maximum from $140,000 to $178,156. --------------------------------------------------------------------------- \13\ See footnote 1. --------------------------------------------------------------------------- (28) 16 U.S.C. 7009(c) and (d), Pacific Whiting Act of 2006,\14\ violation, maximum from $140,000 to $178,156. --------------------------------------------------------------------------- \14\ See footnote 1. --------------------------------------------------------------------------- (29) 22 U.S.C. 1978(e), Fishermen's Protective Act of 1967 (1971): (i) Violation, maximum from $11,000 to $27,500. (ii) Subsequent violation, maximum from $32,500 to $81,250. (30) 30 U.S.C. 1462(a), Deep Seabed Hard Mineral Resources Act (1980), violation, maximum, from $32,500 to $70,117. (31) 42 U.S.C. 9152(c), Ocean Thermal Energy Conversion Act of 1980 (1980), violation, maximum from $32,500 to $70,117. (32) 16 U.S.C. 1827a, Billfish Conservation Act of 2012 \15\ (new penalty), violation, maximum $178,156. --------------------------------------------------------------------------- \15\ See footnote 1. --------------------------------------------------------------------------- (33) 16 U.S.C. 7407(b)(1), Port State Measures Agreement Act of 2015 \16\ (new penalty), violation, maximum $178,156. --------------------------------------------------------------------------- \16\ See footnote 1. --------------------------------------------------------------------------- (34) 16 U.S.C. 1826g(f), High Seas Driftnet Fishing Moratorium Protection Act \17\ (new penalty), violation, maximum $178,156. --------------------------------------------------------------------------- \17\ See footnote 1. --------------------------------------------------------------------------- Sec. 6.5 Effective date of adjustments for inflation. The adjustments for inflation made by Sec. 6.4, of the civil monetary penalties there specified, are effective on July 7, 2016, and said civil monetary penalties, as thus adjusted by the adjustments for inflation made by Sec. 6.4, apply only to those civil monetary penalties, including those whose associated violation predated such adjustment, which are assessed by Commerce Department after the effective date of the new civil monetary penalty level, and before the effective date of any future adjustments for inflation to civil monetary penalties thereto made subsequent to July 7, 2016 as provided in Sec. 6.6. Sec. 6.6 Subsequent adjustments for inflation. The Secretary of Commerce or his or her designee by regulation shall make subsequent adjustments for inflation to Commerce Department's civil monetary penalties annually, which shall take effect not later than January 15, 2017, [[Page 36458]] and for each year thereafter, notwithstanding section 553 of title 5, United States Code. [FR Doc. 2016-13231 Filed 6-6-16; 8:45 am] BILLING CODE 3510-DP-P
![36454 Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations
Adoption of the Amendment (h) Alternative Methods of Compliance Issued in Renton, Washington, on May 20,
(AMOCs) 2016.
Accordingly, under the authority (1) The Manager, Seattle Aircraft Victor Wicklund,
delegated to me by the Administrator, Certification Office (ACO), FAA, has the Acting Manager, Transport Airplane
the FAA amends 14 CFR part 39 as authority to approve AMOCs for this AD, if Directorate, Aircraft Certification Service.
follows: requested using the procedures found in 14 [FR Doc. 2016–12842 Filed 6–6–16; 8:45 am]
CFR 39.19. In accordance with 14 CFR 39.19, BILLING CODE 4910–13–P
PART 39—AIRWORTHINESS send your request to your principal inspector
DIRECTIVES or local Flight Standards District Office, as
appropriate. If sending information directly
to the manager of the ACO, send it to the DEPARTMENT OF COMMERCE
■ 1. The authority citation for part 39
continues to read as follows: attention of the person identified in
paragraph (i) of this AD. Information may be Office of the Secretary
Authority: 49 U.S.C. 106(g), 40113, 44701. emailed to: 9-ANM-Seattle-ACO-AMOC-
Requests@faa.gov. 15 CFR Part 6
§ 39.13 [Amended]
(2) Before using any approved AMOC, [Docket No. 160523449–6449–01]
■ 2. The FAA amends § 39.13 by adding notify your appropriate principal inspector,
or lacking a principal inspector, the manager RIN 0605–AA44
the following new airworthiness
of the local flight standards district office/
directive (AD): certificate holding district office. Civil Monetary Penalty Adjustments for
2016–11–17 The Boeing Company: (3) An AMOC that provides an acceptable Inflation
Amendment 39–18544 ; Docket No. level of safety may be used for any repair
FAA–2015–3987; Directorate Identifier required by this AD if it is approved by the AGENCY: Office of the Chief Financial
2015–NM–066–AD. Boeing Commercial Airplanes Organization Officer and Assistant Secretary for
Designation Authorization (ODA) that has Administration, Department of
(a) Effective Date
been authorized by the Manager, Seattle Commerce.
This AD is effective July 12, 2016. ACO, to make those findings. For a repair ACTION: Interim final rule with request
(b) Affected ADs method to be approved, the repair must meet for comments.
the certification basis of the airplane, and the
None. approval must specifically refer to this AD. SUMMARY: This interim final rule is
(c) Applicability (i) Related Information being issued to adjust for inflation each
This AD applies to certain The Boeing For more information about this AD, civil monetary penalty (CMP) provided
Company Model 787–8 airplanes, certificated contact Sean J. Schauer, Aerospace Engineer, by law within the jurisdiction of the
in any category, as identified in Boeing Alert Systems and Equipment Branch, ANM–130S, Department of Commerce (Commerce
Service Bulletin B787–81205–SB270024–00, FAA, Seattle ACO, 1601 Lind Avenue SW., Department). The Federal Civil
Issue 001, dated September 24, 2014. Renton, WA 98057–3356; phone: 425–917– Penalties Inflation Adjustment Act of
(d) Subject 6479; fax: 425–917–6590; email: 1990, as amended by the Debt
sean.schauer@faa.gov. Collection Improvement Act of 1996
Air Transport Association (ATA) of
America Code 24, Electrical power. (j) Material Incorporated by Reference and the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
(e) Unsafe Condition (1) The Director of the Federal Register
2015, requires the head of each agency
approved the incorporation by reference
This AD was prompted by a report of wire (IBR) of the service information listed in this to adjust for inflation its CMP levels in
chafing caused by a left wing spoiler actuator paragraph under 5 U.S.C. 552(a) and 1 CFR effect as of November 2, 2015, under a
wire not having enough separation from a part 51. revised methodology effective for 2016
certain bracket when the spoiler is in the (2) You must use this service information which provides for initial catch up
deployed position. We are issuing this AD to adjustments for inflation in 2016, and
as applicable to do the actions required by
detect and correct wire chafing; such chafing
this AD, unless the AD specifies otherwise. under a revised methodology for each
could result in an electrical short and
(i) Boeing Alert Service Bulletin B787– year thereafter. The revised
potential fire in a flammable fluid leakage
81205–SB270024–00, Issue 001, dated methodologies provide for the
zone and possible loss of several functions
September 24, 2014. improvement of the effectiveness of
essential for safe flight.
(ii) Reserved. CMPs and to maintain their deterrent
(f) Compliance (3) For Boeing service information
effect. The initial catch up adjustment
Comply with this AD within the identified in this AD, contact Boeing
Commercial Airplanes, Attention: Data &
for inflation of a CMP in 2016 shall not
compliance times specified, unless already exceed 150 percent of the amount of the
done. Services Management, P.O. Box 3707, MC
2H–65, Seattle, WA 98124–2207; telephone CMP on the date of enactment of the
(g) Wire Separation Measurement, Related 206–544–5000, extension 1; fax 206–766– Federal Civil Penalties Inflation
Investigative Actions, and Corrective 5680; Internet https:// Adjustment Act Improvements Act of
Actions www.myboeingfleet.com. 2015 (November 2, 2015). The initial
Within 24 months after the effective date (4) You may view this service information catch up adjustments for inflation to
of this AD: Measure the separation between at the FAA, Transport Airplane Directorate, CMPs are required to be published
the electro-mechanical actuator wire 1601 Lind Avenue SW., Renton, WA. For through an interim final rule not later
W801182 of the left wing, spoiler 4, and the information on the availability of this than July 1, 2016, and the adjustments
support bracket of the flap variable camber material at the FAA, call 425–227–1221. for inflation shall take effect not later
jstallworth on DSK7TPTVN1PROD with RULES
trim unit, and do all applicable related (5) You may view this service information
than August 1, 2016. For each year
investigative and corrective actions, in that is incorporated by reference at the
accordance with the Accomplishment National Archives and Records thereafter, the adjustments for inflation
Instructions of Boeing Alert Service Bulletin Administration (NARA). For information on to CMPs shall take effect not later than
B787–81205–SB270024–00, Issue 001, dated the availability of this material at NARA, call January 15. These adjustments for
September 24, 2014. Do all applicable related 202–741–6030, or go to: http:// inflation apply only to CMPs with a
investigative and corrective actions before www.archives.gov/federal-register/cfr/ibr- dollar amount, and will not apply to
further flight. locations.html. CMPs written as functions of violations.
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![36458 Federal Register / Vol. 81, No. 109 / Tuesday, June 7, 2016 / Rules and Regulations
and for each year thereafter, equipment capable of handling controls precursor chemicals identified
notwithstanding section 553 of title 5, biological materials by updating the on the AG common control list that are
United States Code. controls on freeze-drying not also ‘‘scheduled’’ chemicals (i.e.,
[FR Doc. 2016–13231 Filed 6–6–16; 8:45 am] (lyophilization) equipment. chemicals identified as Schedule 1,
BILLING CODE 3510–DP–P Finally, this rule amends the EAR to Schedule 2, or Schedule 3 chemicals)
reflect the addition of Angola and under the Chemical Weapons
Burma as States Parties to the Chemical Convention (CWC).
DEPARTMENT OF COMMERCE Weapons Convention (CWC) and also Like the other precursor chemicals
amends the Chemical Weapons controlled under ECCN 1C350.d,
Bureau of Industry and Security Convention Regulations (CWCR) to diethylamine requires a license for
reflect the addition of these two chemical/biological (CB) reasons to
15 CFR Parts 710, 745, and 774 countries as States Parties. destinations indicated under CB
[Docket No. 160302176–6176–01] DATES: This rule is effective June 7, Column 2 on the Commerce Country
2016. Chart (see Supplement No. 1 to part 738
RIN 0694–AG88 of the EAR) and for anti-terrorism (AT)
FOR FURTHER INFORMATION CONTACT:
Implementation of the February 2015 reasons to destinations in Country
Richard P. Duncan, Ph.D., Director,
Australia Group (AG) Intersessional Group E:1 (see Supplement No. 1 to part
Chemical and Biological Controls
Decisions and the June 2015 AG 742 of the EAR). Because none of the
Division, Office of Nonproliferation and
Plenary Understandings precursor chemicals controlled under
Treaty Compliance, Bureau of Industry
ECCN 1C350.d (including diethylamine)
AGENCY: Bureau of Industry and and Security, Telephone: (202) 482– are identified as ‘‘scheduled’’ chemicals
Security, Commerce. 3343, Email: Richard.Duncan@ under the CWC, these precursor
bis.doc.gov. chemicals do not require a license for
ACTION: Final rule.
SUPPLEMENTARY INFORMATION: The chemical weapons (CW) reasons. (See
SUMMARY: The Bureau of Industry and Bureau of Industry and Security (BIS) is part 742 of the EAR for additional
Security (BIS) publishes this final rule amending the Export Administration information on the AT controls that
to amend the Export Administration Regulations (EAR) to implement the apply to Iran, North Korea, Sudan, and
Regulations (EAR) to implement the recommendations presented at the Syria. See part 746 of the EAR for
recommendations presented at the Australia Group (AG) Intersessional additional information on the sanctions
February 2015 Australia Group (AG) meeting held in The Hague, that apply to Iran, North Korea, and
intersessional implementation meeting, Netherlands, on February 4, 2015, and Syria.)
and later adopted pursuant to the AG adopted pursuant to the AG silent
silent approval procedure, and the Amendments to ECCN 1C351 (Human
approval procedure in April 2015, and
understandings reached at the June 2015 and Animal Pathogens and ‘‘Toxins’’)
the understandings reached at the AG
AG Plenary meeting. This rule amends Plenary meeting held in Perth, This final rule amends ECCN 1C351
three Commerce Control List (CCL) Australia, from June 1–5, 2015. The AG on the CCL to reflect the addition of two
entries to reflect the February 2015 is a multilateral forum consisting of 41 viruses (severe acute respiratory
intersessional recommendations that participating countries that maintain syndrome-related coronavirus, a.k.a.
were adopted by the AG. Specifically, export controls on a list of chemicals, SARS-related coronavirus, and
this rule amends the CCL entry that biological agents, and related equipment reconstructed 1918 influenza virus) that
controls chemical precursors by adding and technology that could be used in a were not previously identified on the
the chemical diethylamine (C.A.S. 109– chemical or biological weapons AG ‘‘List of Human and Animal
89–7), which was not previously program. The AG periodically reviews Pathogens and Toxins for Export
identified on the AG’s ‘‘Chemical items on its control list to enhance the Control’’ and to update the
Weapons Precursors’’ common control effectiveness of participating nomenclature for seventeen viruses that
list. This rule also amends the CCL governments’ national controls and to were already identified on this AG
entry that controls certain human and achieve greater harmonization among common control list and in ECCN
zoonotic pathogens and toxins by these controls. 1C351.a (nineteen viruses were updated
adding two viruses that were not on the AG common control list, but only
previously identified on the AG ‘‘List of Amendments to the CCL Based on the seventeen viruses in ECCN 1C351.a
Human and Animal Pathogens and February 2015 AG Intersessional required updating). Prior to the
Toxins for Export Control’’ and by Recommendations publication of this final rule, the two
updating the nomenclature of certain This rule amends three Export Control viruses that are being added to ECCN
viruses that were already identified on Classification Numbers (ECCNs) on the 1C351.a were listed under ECCN
this AG common control list. In Commerce Control List (CCL) (see 1C351.b, which controls viruses
addition, this rule amends the CCL Supplement No. 1 to part 774 of the identified on the ‘‘select agents’’ lists
entry that controls equipment capable of EAR), as described below, to reflect the maintained by the Animal and Plant
handling biological materials to reflect February 2015 intersessional Health Inspection Service (APHIS), U.S.
the AG intersessional updates to the recommendations that were adopted by Department of Agriculture, and the
controls on biocontainment chambers, the AG. Centers for Disease Control and
isolators, and biological safety cabinets Prevention (CDC), U.S. Department of
and the controls on aerosol inhalation Amendments to ECCN 1C350 (Precursor Health and Human Services, but not
jstallworth on DSK7TPTVN1PROD with RULES
equipment described on the AG Chemicals) identified on the AG ‘‘List of Human
‘‘Control List of Dual-Use Biological This final rule amends ECCN 1C350 and Animal Pathogens and Toxins for
Equipment and Related Technology and on the CCL, to reflect the addition of the Export Control.’’
Software.’’ Consistent with the chemical diethylamine (C.A.S. 109–89– The license requirements applicable
understandings adopted at the June 7) to the AG’s ‘‘Chemical Weapons to the viruses affected by the
2015 AG Plenary meeting, this rule also Precursors’’ common control list, by amendments in this final rule (including
amends the CCL entry that controls adding this chemical to 1C350.d, which the two viruses that are being moved
VerDate Sep<11>2014 14:20 Jun 06, 2016 Jkt 238001 PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 E:\FR\FM\07JNR1.SGM 07JNR1](https://thefederalregister.org/doc/81_FR_36563/page/5.svg)
Document Created: 2018-02-08 07:31:53
Document Modified: 2018-02-08 07:31:53
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule with request for comments. | |
| Dates | This rule is effective July 7, 2016; comments must be received on or before July 7, 2016. | |
| Contact | Jennifer Ayers, Acting Deputy Chief Financial Officer and Director for Financial Management, Office of Financial Management, at (202) 482-1207, Department of Commerce, 1401 Constitution Avenue NW., Room D200, Washington, DC 20230. The Commerce Department Civil Monetary Penalties; Adjustment for Inflation are available for downloading from Commerce Department, Office of Financial | |
| FR Citation | 81 FR 36454 | |
| RIN Number | 0605-AA44 | |
| CFR Associated | Law Enforcement and Civil Monetary Penalties |
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