83 FR 1525 - Civil Penalty Inflation Adjustments
BUREAU OF CONSUMER FINANCIAL PROTECTION Federal Register Volume 83, Issue 9 (January 12, 2018)
Federal Register Volume 83, Issue 9 (January 12, 2018)
| Page Range | 1525-1527 | |
| FR Document | 2018-00399 |
[Federal Register Volume 83, Number 9 (Friday, January 12, 2018)] [Rules and Regulations] [Pages 1525-1527] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-00399] ======================================================================= ----------------------------------------------------------------------- BUREAU OF CONSUMER FINANCIAL PROTECTION 12 CFR Part 1083 Civil Penalty Inflation Adjustments AGENCY: Bureau of Consumer Financial Protection. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Bureau of Consumer Financial Protection (Bureau) is adjusting for inflation the maximum amount of each civil penalty within the Bureau's jurisdiction. These adjustments are required by the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act). The inflation adjustments mandated by the Inflation Adjustment Act serve to maintain the deterrent effect of civil penalties and to promote compliance with the law. DATES: This final rule is effective January 15, 2018. FOR FURTHER INFORMATION CONTACT: Monique Chenault, Paralegal Specialist, Office of Regulations, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552, at (202) 435-7700. SUPPLEMENTARY INFORMATION: I. Background The Federal Civil Penalties Inflation Adjustment Act of 1990,\1\ as amended by the Debt Collection Improvement Act of 1996 \2\ and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Inflation Adjustment Act),\3\ directs Federal agencies to adjust for inflation the civil penalty amounts within their jurisdiction not later than July 1, 2016, and then not later than January 15 every year thereafter.\4\ 28 U.S.C. 2461 note. Each agency was required to make the 2016 one-time catch-up adjustments through an interim final rule published in the Federal Register. On June 14, 2016, the Bureau published its interim final rule to make the initial catch- up adjustments to civil penalties within the Bureau's jurisdiction.\5\ The June 2016 interim final rule created a new part 1083 and in Sec. 1083.1 established the inflation-adjusted maximum amounts for each civil penalty within the Bureau's jurisdiction.\6\ The Inflation Adjustment Act also requires subsequent adjustments to be made annually, not later than January 15, and notwithstanding section 553 of the Administrative Procedure Act (APA).\7\ --------------------------------------------------------------------------- \1\ Public Law 101-410, 104 Stat. 890. \2\ Public Law 104-134, section 31001(s)(1), 110 Stat. 1321, 1321-373. \3\ Public Law 114-74, section 701, 129 Stat. 584, 599. \4\ Section 1301(a) of the Federal Reports Elimination Act of 1998, Public Law 105-362, 112 Stat. 3293, also amended the Inflation Adjustment Act by striking section 6, which contained annual reporting requirements, and redesignating section 7 as section 6, but did not alter the civil penalty adjustment requirements. \5\ 81 FR 38569 (June 14, 2016). Although the Bureau was not obligated to solicit comments for the interim final rule, the Bureau invited public comment and received none. \6\ See 12 CFR 1083.1. \7\ Inflation Adjustment Act section 4, codified at 28 U.S.C. 2461 note. --------------------------------------------------------------------------- Specifically, Federal agencies are directed to adjust annually each civil penalty provided by law within the jurisdiction of the agency by the ``cost-of-living adjustment.'' \8\ For annual adjustments after the initial catch up adjustments, the ``cost-of-living adjustment'' is defined as the percentage (if any) by which the Consumer Price Index for All Urban Consumers (CPI-U) for the month of October preceding the date of the adjustment, exceeds the CPI-U for October of the prior year.\9\ The Director of the Office of Management and Budget (OMB) is required to issue guidance (OMB Guidance) every year by December 15 to agencies on implementing the annual civil penalty inflation adjustments.\10\ Pursuant to the Inflation Adjustment Act and OMB Guidance, agencies must apply the multiplier reflecting the ``cost-of- living adjustment'' to the current penalty amount and then round that amount to the nearest dollar to determine the annual adjustments.\11\ --------------------------------------------------------------------------- \8\ Inflation Adjustment Act sections 4 and 5, codified at 28 U.S.C. 2461 note. \9\ Inflation Adjustment Act sections 3 and 5, codified at 28 U.S.C. 2461 note. \10\ Inflation Adjustment Act section 7, codified at 28 U.S.C. 2461 note. \11\ Inflation Adjustment Act section 5, codified at 28 U.S.C. 2461 note; Memorandum to the Exec. Dep'ts & Agencies from Mick Mulvaney, Director, Office of Mgmt. & Budget (Dec. 15, 2017), available at https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf. --------------------------------------------------------------------------- For the 2018 annual adjustment, the multiplier reflecting the ``cost-of-living [[Page 1526]] adjustment'' is 1.02041.\12\ Pursuant to the Inflation Adjustment Act and OMB Guidance, the Bureau multiplied each of its civil penalty amounts by the ``cost-of-living adjustment'' multiplier and rounded to the nearest dollar.\13\ --------------------------------------------------------------------------- \12\ Memorandum to the Exec. Dep'ts & Agencies from Mick Mulvaney, Director, Office of Mgmt. & Budget (Dec. 15, 2017), available at https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf. \13\ In rounding to the nearest dollar, the Bureau has rounded down where the digit immediately following the decimal point is less than 5 and has rounded up where the digit immediately following the decimal point is 5 or greater. --------------------------------------------------------------------------- The new penalty amounts that apply to civil penalties assessed after January 15, 2018 are as follows: ---------------------------------------------------------------------------------------------------------------- Penalty amounts OMB ``Cost-of- Law Penalty description established Living New penalty under 2017 Adjustment'' amount final rule multiplier ---------------------------------------------------------------------------------------------------------------- Consumer Financial Protection Act, 12 Tier 1 penalty.......... $5,526 1.02041 $5,639 U.S.C. 5565(c)(2)(A). Consumer Financial Protection Act, 12 Tier 2 penalty.......... 27,631 1.02041 28,195 U.S.C. 5565(c)(2)(B). Consumer Financial Protection Act, 12 Tier 3 penalty.......... 1,105,241 1.02041 1,127,799 U.S.C. 5565(c)(2)(C). Interstate Land Sales Full Disclosure Per violation........... 1,925 1.02041 1,964 Act, 15 U.S.C. 1717a(a)(2). Interstate Land Sales Full Disclosure Annual cap.............. 1,924,589 1.02041 1,963,870 Act, 15 U.S.C. 1717a(a)(2). Real Estate Settlement Procedures Act, Per failure............. 90 1.02041 92 12 U.S.C. 2609(d)(1). Real Estate Settlement Procedures Act, Annual cap.............. 181,071 1.02041 184,767 12 U.S.C. 2609(d)(1). Real Estate Settlement Procedures Act, Per failure, where 181 1.02041 185 12 U.S.C. 2609(d)(2)(A). intentional. SAFE Act, 12 U.S.C. 5113(d)(2)........ Per violation........... 27,904 1.02041 28,474 Truth in Lending Act, 15 U.S.C. First violation......... 11,053 1.02041 11,279 1639e(k)(1). Truth in Lending Act, 15 U.S.C. Subsequent violations... 22,105 1.02041 22,556 1639e(k)(2). ---------------------------------------------------------------------------------------------------------------- II. Legal Authority The Bureau issues this final rule under the Federal Civil Penalties Inflation Adjustment Act of 1990,\14\ as amended by the Debt Collection Improvement Act of 1996 \15\ and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,\16\ which requires the Bureau to adjust for inflation the civil penalties within its jurisdiction according to a statutorily prescribed formula. --------------------------------------------------------------------------- \14\ Public Law 101-410, 104 Stat. 890. \15\ Public Law 104-134, section 31001(s)(1), 110 Stat. 1321, 1321-373. \16\ Public Law 114-74, section 701, 129 Stat. 584, 599. --------------------------------------------------------------------------- III. Procedural Requirements A. Administrative Procedure Act Under the APA, notice and opportunity for public comment are not required if the Bureau finds that notice and public comment are impracticable, unnecessary, or contrary to the public interest.\17\ Pursuant to this final rule, Sec. 1083.1 is amended to update the civil penalty amounts. The 2018 adjustments to the civil penalty amounts are technical and non-discretionary, and they merely apply the statutory method for adjusting civil penalty amounts. These adjustments are required by the Inflation Adjustment Act. Moreover, the Inflation Adjustment Act directs agencies to adjust the civil penalties annually notwithstanding section 553 of the APA,\18\ and OMB Guidance reaffirms that agencies need not complete a notice-and-comment process before making the annual adjustments for inflation.\19\ For these reasons, the Bureau has determined that publishing a notice of proposed rulemaking and providing opportunity for public comment are unnecessary. Therefore, the amendment is adopted in final form. --------------------------------------------------------------------------- \17\ 5 U.S.C. 553(b)(B). \18\ Inflation Adjustment Act section 4, codified at 28 U.S.C. 2461 note. \19\ Memorandum to the Exec. Dep'ts & Agencies from Mick Mulvaney, Director, Office of Mgmt. & Budget (Dec. 15, 2017), available at https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf. --------------------------------------------------------------------------- Section 553(d) of the APA generally requires publication of a final rule not less than 30 days before its effective date, except (1) a substantive rule which grants or recognizes an exemption or relieves a restriction; (2) interpretive rules and statements of policy; or (3) as otherwise provided by the agency for good cause found and published with the rule.\20\ At a minimum, the Bureau believes the annual adjustments to the civil penalty amounts in Sec. 1083.1 fall under the third exception to section 553(d). The Bureau finds that there is good cause to make the amendments effective on January 15, 2018. The amendments to Sec. 1083.1 in this final rule are technical and non- discretionary, and they merely apply the statutory method for adjusting civil penalty amounts and follow the statutory directive to make annual adjustments by January 15 of each year. Moreover, the Inflation Adjustment Act directs agencies to adjust the civil penalties annually notwithstanding section 553 of the APA,\21\ and OMB Guidance reaffirms that agencies need not provide a delay in effective date for the annual adjustments for inflation.\22\ --------------------------------------------------------------------------- \20\ 5 U.S.C. 553(d). \21\ Inflation Adjustment Act section 4, codified at 28 U.S.C. 2461 note. \22\ Memorandum to the Exec. Dep'ts & Agencies from Mick Mulvaney, Director, Office of Mgmt. & Budget (Dec. 15, 2017), available at https://www.whitehouse.gov/wp-content/uploads/2017/11/M-18-03.pdf. --------------------------------------------------------------------------- B. Regulatory Flexibility Act Because no notice of proposed rulemaking is required, the Regulatory Flexibility Act does not require an initial or final regulatory flexibility analysis.\23\ --------------------------------------------------------------------------- \23\ 5 U.S.C. 603(a), 604(a). --------------------------------------------------------------------------- C. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1995,\24\ the Bureau reviewed this final rule. No collections of information pursuant to the Paperwork Reduction Act are contained in the final rule. --------------------------------------------------------------------------- \24\ 44 U.S.C. 3506; 5 CFR part 1320. --------------------------------------------------------------------------- D. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), CFPB will submit a report containing this rule and other required information to the U.S. Senate, the U.S. House of Representatives, and the Comptroller General of the United States prior to the rule taking effect. The Office of Information and Regulatory Affairs (OIRA) has designated this rule as not a ``major rule'' as defined by 5 U.S.C. 804(2). List of Subjects in 12 CFR Part 1083 Administrative practice and procedure, Consumer protection, Penalties. Authority and Issuance For the reasons set forth above, the Bureau amends 12 CFR part 1083 as set forth below: [[Page 1527]] PART 1083--CIVIL PENALTY ADJUSTMENTS 0 1. The authority citation for part 1083 continues to read as follows: Authority: 12 U.S.C. 2609(d); 12 U.S.C. 5113(d)(2); 12 U.S.C. 5565(c); 15 U.S.C. 1639e(k); 15 U.S.C. 1717a(a); 28 U.S.C. 2461 note. 0 2. Section 1083.1 is revised to read as follows: Sec. 1083.1 Adjustments of civil penalty amounts. (a) The maximum amount of each civil penalty within the jurisdiction of the Consumer Financial Protection Bureau to impose is adjusted in accordance with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Debt Collection Improvement Act of 1996 and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (28 U.S.C. 2461 note), as follows: ------------------------------------------------------------------------ Adjusted Civil penalty maximum civil U.S. Code citation description penalty amount ------------------------------------------------------------------------ 12 U.S.C. 5565(c)(2)(A)........ Tier 1 penalty......... $5,639 12 U.S.C. 5565(c)(2)(B)........ Tier 2 penalty......... 28,195 12 U.S.C. 5565(c)(2)(C)........ Tier 3 penalty......... 1,127,799 15 U.S.C. 1717a(a)(2).......... Per violation.......... 1,964 15 U.S.C. 1717a(a)(2).......... Annual cap............. 1,963,870 12 U.S.C. 2609(d)(1)........... Per failure............ 92 12 U.S.C. 2609(d)(1)........... Annual cap............. 184,767 12 U.S.C. 2609(d)(2)(A)........ Per failure, where 185 intentional. 12 U.S.C. 5113(d)(2)........... Per violation.......... 28,474 15 U.S.C. 1639e(k)(1).......... First violation........ 11,279 15 U.S.C. 1639e(k)(2).......... Subsequent violations.. 22,556 ------------------------------------------------------------------------ (b) The adjustments in paragraph (a) of this section shall apply to civil penalties assessed after January 15, 2018, regardless of when the violation for which the penalty is assessed occurred. Dated: January 4, 2018. Mick Mulvaney, Acting Director, Bureau of Consumer Financial Protection. [FR Doc. 2018-00399 Filed 1-11-18; 8:45 am] BILLING CODE 4810-AM-P
![Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations 1525
Pursuant to section 21B of the Securities Dated at Washington, DC on December 19, U.S.C. 2461 note. Each agency was
Exchange Act of 1934 (Exchange Act) 2017. required to make the 2016 one-time
(15 U.S.C. 78u–2), civil money penalties By order of the Board of Directors. catch-up adjustments through an
may be assessed for violations of certain Valerie J. Best, interim final rule published in the
provisions of the Exchange Act, where Assistant Executive Secretary. Federal Register. On June 14, 2016, the
such penalties are in the public interest. [FR Doc. 2018–00403 Filed 1–11–18; 8:45 am] Bureau published its interim final rule
Tier One civil money penalties may be BILLING CODE 6714–01–P to make the initial catch-up adjustments
assessed pursuant to 15 U.S.C. 78u– to civil penalties within the Bureau’s
2(b)(1) in an amount not to exceed jurisdiction.5 The June 2016 interim
$9,239 for a natural person or $92,383 final rule created a new part 1083 and
BUREAU OF CONSUMER FINANCIAL
for any other person for violations set in § 1083.1 established the inflation-
PROTECTION
forth in 15 U.S.C. 78u–2(a). Tier Two adjusted maximum amounts for each
civil money penalties may be assessed 12 CFR Part 1083 civil penalty within the Bureau’s
pursuant to 15 U.S.C. 78u–2(b)(2) in an
jurisdiction.6 The Inflation Adjustment
amount not to exceed—for each Civil Penalty Inflation Adjustments Act also requires subsequent
violation set forth in 15 U.S.C. 78u–
AGENCY: Bureau of Consumer Financial adjustments to be made annually, not
2(a)—$92,383 for a natural person or
$461,916 for any other person if the act Protection. later than January 15, and
or omission involved fraud, deceit, ACTION: Final rule. notwithstanding section 553 of the
manipulation, or deliberate or reckless Administrative Procedure Act (APA).7
SUMMARY: The Bureau of Consumer Specifically, Federal agencies are
disregard of a regulatory requirement.
Financial Protection (Bureau) is directed to adjust annually each civil
Tier Three civil money penalties may be
assessed pursuant to 15 U.S.C. 78u– adjusting for inflation the maximum
penalty provided by law within the
2(b)(3) for each violation set forth in 15 amount of each civil penalty within the
jurisdiction of the agency by the ‘‘cost-
U.S.C. 78u–2(a), in an amount not to Bureau’s jurisdiction. These
of-living adjustment.’’ 8 For annual
exceed $184,767 for a natural person or adjustments are required by the Federal
adjustments after the initial catch up
$923,831 for any other person, if the act Civil Penalties Inflation Adjustment Act
adjustments, the ‘‘cost-of-living
or omission involved fraud, deceit, of 1990, as amended by the Debt
Collection Improvement Act of 1996 adjustment’’ is defined as the percentage
manipulation, or deliberate or reckless (if any) by which the Consumer Price
disregard of a regulatory requirement; and further amended by the Federal
Civil Penalties Inflation Adjustment Act Index for All Urban Consumers (CPI–U)
and such act or omission directly or for the month of October preceding the
indirectly resulted in substantial losses, Improvements Act of 2015 (Inflation
Adjustment Act). The inflation date of the adjustment, exceeds the CPI–
or created a significant risk of U for October of the prior year.9 The
substantial losses to other persons or adjustments mandated by the Inflation
Adjustment Act serve to maintain the Director of the Office of Management
resulted in substantial pecuniary gain to and Budget (OMB) is required to issue
the person who committed the act or deterrent effect of civil penalties and to
promote compliance with the law. guidance (OMB Guidance) every year by
omission. December 15 to agencies on
(16) Civil money penalties assessed DATES: This final rule is effective
January 15, 2018. implementing the annual civil penalty
pursuant to 15 U.S.C. 1639e(k) for
appraisal independence violations. inflation adjustments.10 Pursuant to the
FOR FURTHER INFORMATION CONTACT:
Pursuant to section 1472(a) of the Dodd- Inflation Adjustment Act and OMB
Monique Chenault, Paralegal Specialist,
Frank Wall Street Reform and Consumer Guidance, agencies must apply the
Office of Regulations, Consumer
Protection Act (Appraisal Independence Financial Protection Bureau, 1700 multiplier reflecting the ‘‘cost-of-living
Rule) (15 U.S.C. 1639e(k)), civil money G Street NW, Washington, DC 20552, at adjustment’’ to the current penalty
penalties may be assessed for an initial (202) 435–7700. amount and then round that amount to
violation of the Appraisal Independence the nearest dollar to determine the
SUPPLEMENTARY INFORMATION:
Rule in an amount not to exceed annual adjustments.11
$11,279 for each day during which the I. Background For the 2018 annual adjustment, the
violation continues and, for subsequent The Federal Civil Penalties Inflation multiplier reflecting the ‘‘cost-of-living
violations, $22,556 for each day during Adjustment Act of 1990,1 as amended
which the violation continues. by the Debt Collection Improvement Act reporting requirements, and redesignating section 7
(17) Civil money penalties assessed of 1996 2 and further amended by the as section 6, but did not alter the civil penalty
for false claims and statements adjustment requirements.
Federal Civil Penalties Inflation 5 81 FR 38569 (June 14, 2016). Although the
pursuant to 31 U.S.C. 3802. Pursuant to Adjustment Act Improvements Act of Bureau was not obligated to solicit comments for
the Program Fraud Civil Remedies Act 2015 (Inflation Adjustment Act),3 the interim final rule, the Bureau invited public
(31 U.S.C. 3802), civil money penalties directs Federal agencies to adjust for comment and received none.
of not more than $11,181 per claim or inflation the civil penalty amounts 6 See 12 CFR 1083.1.
statement may be assessed for violations within their jurisdiction not later than
7 Inflation Adjustment Act section 4, codified at
involving false claims and statements. 28 U.S.C. 2461 note.
July 1, 2016, and then not later than 8 Inflation Adjustment Act sections 4 and 5,
(18) Civil money penalties assessed January 15 every year thereafter.4 28 codified at 28 U.S.C. 2461 note.
for violations of 42 U.S.C. 4012a(f). 9 Inflation Adjustment Act sections 3 and 5,
Pursuant to the Flood Disaster 1 Public Law 101–410, 104 Stat. 890. codified at 28 U.S.C. 2461 note.
sradovich on DSK3GMQ082PROD with RULES
Protection Act (FDPA) (42 U.S.C. 2 Public Law 104–134, section 31001(s)(1), 110 10 Inflation Adjustment Act section 7, codified at
4012a(f)), civil money penalties may be Stat. 1321, 1321–373. 28 U.S.C. 2461 note.
assessed against any regulated lending 3 Public Law 114–74, section 701, 129 Stat. 584, 11 Inflation Adjustment Act section 5, codified at
institution that engages in a pattern or 599. 28 U.S.C. 2461 note; Memorandum to the Exec.
4 Section 1301(a) of the Federal Reports Dep’ts & Agencies from Mick Mulvaney, Director,
practice of violations of the FDPA in an Elimination Act of 1998, Public Law 105–362, 112 Office of Mgmt. & Budget (Dec. 15, 2017), available
amount not to exceed $2,133 per Stat. 3293, also amended the Inflation Adjustment at https://www.whitehouse.gov/wp-content/
violation. Act by striking section 6, which contained annual uploads/2017/11/M-18-03.pdf.
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![Federal Register / Vol. 83, No. 9 / Friday, January 12, 2018 / Rules and Regulations 1527
PART 1083—CIVIL PENALTY ■ 2. Section 1083.1 is revised to read as accordance with the Federal Civil
ADJUSTMENTS follows: Penalties Inflation Adjustment Act of
1990, as amended by the Debt
■ 1. The authority citation for part 1083 § 1083.1 Adjustments of civil penalty
amounts. Collection Improvement Act of 1996
continues to read as follows: and further amended by the Federal
Authority: 12 U.S.C. 2609(d); 12 U.S.C. (a) The maximum amount of each Civil Penalties Inflation Adjustment Act
5113(d)(2); 12 U.S.C. 5565(c); 15 U.S.C. civil penalty within the jurisdiction of
Improvements Act of 2015 (28 U.S.C.
1639e(k); 15 U.S.C. 1717a(a); 28 U.S.C. 2461 the Consumer Financial Protection
2461 note), as follows:
note. Bureau to impose is adjusted in
Adjusted
maximum
U.S. Code citation Civil penalty description civil
penalty
amount
12 U.S.C. 5565(c)(2)(A) .............................................................. Tier 1 penalty ............................................................................. $5,639
12 U.S.C. 5565(c)(2)(B) .............................................................. Tier 2 penalty ............................................................................. 28,195
12 U.S.C. 5565(c)(2)(C) .............................................................. Tier 3 penalty ............................................................................. 1,127,799
15 U.S.C. 1717a(a)(2) ................................................................ Per violation ............................................................................... 1,964
15 U.S.C. 1717a(a)(2) ................................................................ Annual cap ................................................................................. 1,963,870
12 U.S.C. 2609(d)(1) .................................................................. Per failure ................................................................................... 92
12 U.S.C. 2609(d)(1) .................................................................. Annual cap ................................................................................. 184,767
12 U.S.C. 2609(d)(2)(A) .............................................................. Per failure, where intentional ..................................................... 185
12 U.S.C. 5113(d)(2) .................................................................. Per violation ............................................................................... 28,474
15 U.S.C. 1639e(k)(1) ................................................................. First violation .............................................................................. 11,279
15 U.S.C. 1639e(k)(2) ................................................................. Subsequent violations ................................................................ 22,556
(b) The adjustments in paragraph (a) in the vicinity of the gaseous oxygen the Docket Operations office (telephone:
of this section shall apply to civil system (GOS) for passengers. We are 800–647–5527) is in the ADDRESSES
penalties assessed after January 15, issuing this AD to address the unsafe section. Comments will be available in
2018, regardless of when the violation condition on these products. the AD docket shortly after receipt.
for which the penalty is assessed DATES: This AD becomes effective FOR FURTHER INFORMATION CONTACT:
occurred. January 29, 2018. Sanjay Ralhan, Aerospace Engineer,
Dated: January 4, 2018. We must receive comments on this International Section, Transport
Mick Mulvaney, AD by February 26, 2018. Standards Branch, FAA, 1601 Lind
Acting Director, Bureau of Consumer ADDRESSES: You may send comments, Avenue SW, Renton, WA 98057–3356;
Financial Protection. using the procedures found in 14 CFR telephone: 425–227–1405; fax: 425–
[FR Doc. 2018–00399 Filed 1–11–18; 8:45 am] 11.43 and 11.45, by any of the following 227–1149.
BILLING CODE 4810–AM–P methods: SUPPLEMENTARY INFORMATION:
• Federal eRulemaking Portal: Go to Discussion
http://www.regulations.gov. Follow the
instructions for submitting comments. The European Aviation Safety Agency
DEPARTMENT OF TRANSPORTATION (EASA), which is the Technical Agent
• Fax: 202–493–2251.
• Mail: U.S. Department of for the Member States of the European
Federal Aviation Administration
Transportation, Docket Operations, M– Union, has issued EASA AD 2014–0045,
30, West Building Ground Floor, Room dated February 25, 2014; corrected
14 CFR Part 39
W12–140, 1200 New Jersey Avenue SE, March 4, 2014 (referred to after this as
[Docket No. FAA–2017–1244; Product the Mandatory Continuing
Identifier 2013–NM–145–AD; Amendment
Washington, DC 20590.
• Hand Delivery: U.S. Department of Airworthiness Information, or ‘‘the
39–19152; AD 2018–01–11] MCAI’’), to correct an unsafe condition
Transportation, Docket Operations, M–
RIN 2120–AA64 30, West Building Ground Floor, Room for certain Airbus Model A319–115 and
W12–140, 1200 New Jersey Avenue SE, A319–133 airplanes. The MCAI states:
Airworthiness Directives; Airbus Washington, DC, between 9 a.m. and 5 Following an ECAM [electronic centralized
Airplanes p.m., Monday through Friday, except aircraft monitor] warning ‘‘CARGO SMOKE’’
Federal holidays. during flight, the flight crew elected to divert
AGENCY: Federal Aviation
and the aeroplane made an uneventful
Administration (FAA), DOT. Examining the AD Docket landing. The post-flight inspection evidenced
ACTION: Final rule; request for a heavy fire in the vicinity of the Gaseous
comments. You may examine the AD docket on Oxygen System (GOS) for passengers, located
the internet at http:// close to the cargo area. The origin of the fire
SUMMARY: We are adopting a new www.regulations.gov by searching for has not been clearly identified. After more
airworthiness directive (AD) for certain and locating Docket No. FAA–2017– investigation, Airbus determined that the
sradovich on DSK3GMQ082PROD with RULES
Airbus Model A319–115 and A319–133 1244; or in person at the Docket current optional passenger GOS design,
airplanes. This AD requires contacting Operations office between 9 a.m. and 5 specific to A319 aeroplanes, is not robust
enough to prevent further events of this kind.
the FAA to obtain instructions for p.m., Monday through Friday, except This condition, if not detected and
addressing the unsafe condition on Federal holidays. The AD docket corrected, could lead to an uncontrolled fire,
these products, and doing the actions contains this AD, the regulatory possibly resulting in loss of the aeroplane.
specified in those instructions. This AD evaluation, any comments received, and To address this potential unsafe condition,
was prompted by a fire during a flight, other information. The street address for Airbus developed mod 153555 to improve
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Document Created: 2018-10-26 09:53:03
Document Modified: 2018-10-26 09:53:03
| 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 | Final rule. | |
| Dates | This final rule is effective January 15, 2018. | |
| Contact | Monique Chenault, Paralegal Specialist, Office of Regulations, Consumer Financial Protection Bureau, 1700 G Street NW, Washington, DC 20552, at (202) 435-7700. | |
| FR Citation | 83 FR 1525 | |
| CFR Associated | Administrative Practice and Procedure; Consumer Protection and Penalties |
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