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.

Rules and Regulations Federal Register

72935 

Vol. 75, No. 228 

Monday, November 29, 2010 

DEPARTMENT OF AGRICULTURE 

Agricultural Marketing Service 

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 

AGENCY: Agricultural Marketing Service, 

USDA. 

ACTION: Correcting amendment. 

SUMMARY: 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. 

FOR FURTHER INFORMATION CONTACT: 

Robert J. Curry or Gary D. Olson, 

Northwest Marketing Field Office, 

Marketing Order Administration 

Branch, Fruit and Vegetable Programs, 

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. 

SUPPLEMENTARY INFORMATION: 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. 

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. 

* * * * * 

Dated: November 10, 2010. 

David R. Shipman, 

Acting Administrator, Agricultural Marketing 

Service. 

[FR Doc. C1–2010–29105 Filed 11–26–10; 8:45 am] 

BILLING CODE 3410–02–P 

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. 

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. Email 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 

mstockstill on DSKB9S0YB1PROD with RULES

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 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 

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Federal Register / Vol. 75, No. 228 / Monday, November 29, 2010 / Rules and Regulations 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-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 

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 

mstockstill on DSKB9S0YB1PROD with RULES

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 http:// 

www.regulations.gov; 

(2) Visiting the FAA’s Regulations and 

Policies Web page at http://www.faa.

gov/regulations_policies/; or 

(3) Accessing the Government 

Printing Office’s Web page at http:// 

www.gpoaccess.gov/fr/index.html. 

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 http://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 http://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 

■ 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: 

§ 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 

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 

New or adjusted maximum penalty 

amount 

49 U.S.C. 5123(a), subparagraph (1).Violation of hazardous materials 

transportation law.

$250 per violation, reset 8/ 

10/2005.

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.

$250 per violation, reset 8/ 

10/2005.

No change ....... $100,000 per violation, 

set 8/10/2005.

$110,000 per 

violation. 

49 U.S.C. 5123(a), subparagraph (3).Violation of hazardous materials 

transportation law relating to 

training.

$450 per violation, set 8/10/ 

2005.

No change ....... $50,000 per violation, set 

8/10/2005.

$55,000 per 

violation. 

49 U.S.C. 46301(a)(1) ..... Violation by a person other than 

an individual or small business concern under 49 CFR 

46301(a)(1)(A) or (B).

N/A ................... N/A ................... $25,000 per violation, 

reset 12/12/2003.

$27,500 per 

violation. 

49 U.S.C. 46301(a)(1) ..... 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).

N/A ................... N/A ................... $1,100 per violation, 

reset 12/12/2003.

No change. 

49 U.S.C. 46301(a)(1) ..... 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)).

N/A ................... N/A ................... $1,100 per violation, 

reset 12/12/2003.

No change. 

49 U.S.C. 46301(a)(3) ..... Violation of 49 U.S.C. 47107(b) 

(or any assurance made 

under such section) or 49 

U.S.C. 47133.

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. 

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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 

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 

New or adjusted maximum penalty 

amount 

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).

N/A ................... N/A ................... $11,000 per violation, adjusted 6/15/2006.No change. 

49 U.S.C. 

46301(a)(5)(B)(i).

Violation by an individual or 

small business concern related to the transportation of 

hazardous materials.

N/A ................... N/A ................... $11,000 per violation, adjusted 6/15/2006.No change. 

49 U.S.C. 

46301(a)(5)(B)(ii).

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.

N/A ................... N/A ................... $11,000 per violation, adjusted 6/16/2006.No change. 

49 U.S.C. 

46301(a)(5)(B)(iii).

Violation by an individual or 

small business concern of 49 

U.S.C. 44718(d), relating to 

limitation on construction or 

establishment of landfills.

N/A ................... N/A ................... $11,000 per violation, adjusted 6/15/2006.No change. 

49 U.S.C. 

46301(a)(5)(B)(iv).

Violation by an individual or 

small business concern of 49 

U.S.C. 44725, relating to the 

safe disposal of life-limited 

aircraft parts.

N/A ................... N/A ................... $11,000 per violation, adjusted 6/15/2006.No change. 

49 U.S.C. 46301(b) .......... Tampering with a smoke alarm 

device.

N/A ................... N/A ................... $2,200 per violation, adjusted 1/21/1997.$3,200 per violation. 

49 U.S.C. 46302 .............. Knowingly providing false information about alleged violation 

involving the special aircraft 

jurisdiction of the United 

States.

N/A ................... N/A ................... $11,000 per violation, adjusted 1/21/1997.$16,000 per 

violation. 

49 U.S.C. 46318 .............. Interference with cabin or flight 

crew.

N/A ................... N/A ................... $27,500, adjusted 6/15/ 

2006.

No change. 

49 U.S.C. 46319 .............. Permanent closure of an airport 

without providing sufficient 

notice.

N/A ................... N/A ................... $11,000 per day, adjusted 6/15/2006.No change. 

49 U.S.C. 47531 .............. 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 ................... See 49 U.S.C. 

46301(a)(1)(A) and 

(a)(5), above.

No change. 

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 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2010–0719; Airspace 

Docket No. 10–ANM–8] 

Modification of Class E Airspace; 

Portland, OR 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action will modify 

existing Class E airspace at Portland, 

OR, to accommodate aircraft using the 

Localizer/Distance Measuring 

Equipment (LOC/DME) Standard 

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). 

DATES: 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. 

FOR FURTHER INFORMATION CONTACT: 

Eldon Taylor, Federal Aviation 

mstockstill on DSKB9S0YB1PROD with RULES