Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Rules and Regulations 857 

AMS is committed to complying with 

the E-Government Act, to promote the 

use of the Internet and other 

information technologies to provide 

increased opportunities for citizen 

access to Government information and 

services, and for other purposes. 

A proposed rule concerning this 

action was published in the Federal 

Register on October 20, 2008 (73 FR 

62218). Copies of the proposed rule 

were mailed or sent via facsimile to all 

Committee members and Florida tomato 

handlers. Finally, the proposal was 

made available through the Internet by 

USDA and the Office of the Federal 

Register. A 30-day comment period 

ending November 19, 2008, was 

provided for interested persons to 

respond to the proposal. No comments 

were received. 

A small business guide on complying 

with fruit, vegetable, and specialty crop 

marketing agreements and orders may 

be viewed at: http://www.ams.usda.gov/ 

AMSv1.0/ams.fetch

TemplateData.do?template=

TemplateN&page=MarketingOrders

SmallBusinessGuide. Any questions 

about the compliance guide should be 

sent to Jay Guerber at the previously 

mentioned address in the FOR FURTHER

INFORMATION CONTACT section. 

After consideration of all relevant 

material presented, including the 

information and recommendation 

submitted by the Committee and other 

available information, it is hereby found 

that this rule, as hereinafter set forth, 

will tend to effectuate the declared 

policy of the Act. 

Pursuant to 5 U.S.C. 553, it also found 

and determined that good cause exists 

for not postponing the effective date of 

this rule until 30 days after publication 

in the Federal Register because 

handlers are already receiving tomatoes 

from the 2008–09 crop, and the 

marketing order requires that the rate of 

assessment for each fiscal period apply 

to all assessable tomatoes handled 

during such period. In addition, the 

Committee needs to have sufficient 

funds to pay its expenses which are 

incurred on a continuous basis. Further, 

handlers are aware of this rule which 

was recommended at a public meeting. 

Also, a 30-day comment period was 

provided for in the proposed rule. 

List of Subjects in 7 CFR Part 966 

Marketing agreements, Reporting and 

recordkeeping requirements, Tomatoes. 

■ For the reasons set forth in the 

preamble, 7 CFR part 966 is amended as 

follows: 

PART 966—TOMATOES GROWN IN 

FLORIDA 

■ 1. The authority citation for 7 CFR 

part 966 continues to read as follows: 

Authority: 7 U.S.C. 601–674. 

■ 2. Section 966.234 is revised to read 

as follows: 

§ 966.234 Assessment Rate. 

On and after August 1, 2008, an 

assessment rate of $0.0375 per 25-pound 

carton is established for Florida 

tomatoes. 

Dated: January 5, 2009. 

James E. Link, 

Administrator, Agricultural Marketing 

Service. 

[FR Doc. E9–174 Filed 1–8–09; 8:45 am] 

BILLING CODE 3410–02–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 1 

Federal Civil Penalties Inflation 

Adjustment Act 

AGENCY: Federal Trade Commission 

(FTC). 

ACTION: Final rule amendments. 

SUMMARY: The FTC is making 

adjustments to certain civil penalty 

amounts within its jurisdiction, as 

required by law. These adjustments 

reflect inflation since the penalty 

amounts were last adjusted. 

EFFECTIVE DATE: February 9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Kathleen R. Johnson, Attorney, Office of 

General Counsel, FTC, 600 

Pennsylvania Avenue, NW, Washington, 

DC 20580, (202) 326-2869, 

kjohnson2@ftc.gov. 

SUPPLEMENTARY INFORMATION: As 

required at least once every four years 

by the Federal Civil Penalties Inflation 

Adjustment Act of 1990 (FCPIAA), 28 

U.S.C. 2461 note, as amended by the 

Debt Collection Improvement Act of 

1996, Pub. L. 104-134, 31001(s)(1), 110 

Stat. 1321-373, the FTC is making 

certain regulatory adjustments to civil 

penalty amounts within its jurisdiction. 

The civil penalty amounts adjusted by 

the FTC are set forth in Commission 

Rule 1.98, 16 CFR 1.98. The FTC 

published the original adjustments in 

1996. See 61 FR 54548 (Oct. 21, 1996), 

55840 (Oct. 29, 1996). No adjustments 

were warranted under the law in 2000. 

See 65 FR 69665 (Nov. 20, 2000). The 

FTC published adjustments to civil 

penalties under the Clayton Act section 

11(l) and the Energy Policy and 

Conservation Act section 525(a) in 2004. 

See 69 FR 76611 (Dec. 22, 2004). 

Adjustments are based on the increase 

in the Consumer Price Index (CPI) 

between June of the year in which the 

prior adjustment was made and June of 

the year preceding the year in which the 

adjustment is being made. Thus, for 

civil penalties adjusted in 2004, the 

relevant CPI period is between June, 

2004 and June, 2007. Within that time 

frame, the CPI has increased from 189.7 

to 208.352, or 9.8%. Applying this 

percentage increase to currently 

adjusted civil penalty amounts, the FTC 

is adjusting civil penalty amounts 

currently set at $6,500 under two 

statutes: the Clayton Act section 11(l), 

for violations of cease-and-desist orders 

issued under section 11(b) of that Act; 

and section 525(a) of the Energy Policy 

and Conservation Act, for recycled oil 

labeling violations. Each will be 

adjusted to $7,500, in accordance with 

the rounding rules of the adjustment 

statute. 

For civil penalties that were last 

adjusted in 1996, the relevant CPI 

period is between June, 1996 and June, 

2007. During this period, the CPI 

increased from 156.7 to 208.352 for a 

total percentage increase of 32.96%. 

Applying this percentage increase to the 

civil penalties as they were adjusted in 

1996 results in an increase from $11,000 

to $16,000 for civil penalties in the 

following statutes: premerger 

notification violations under the HartScott-Rodino Antitrust Improvements 

Act section 7A(g)(1), unfair or deceptive 

acts or practices under the FTC Act 

sections 5(l), (m)(1)(A) and (m)(1)(B), 

and energy conservation violations 

under the Energy Policy and 

Conservation Act section 525(b). 

Further, applying the CPI increase to 

credit reporting violations under the 

Fair Credit Reporting Act section 

621(a)(2) raises that penalty amount 

from $2,500 to $3,500. 

The FTC is amending Commission 

Rule 1.98 by modifying paragraphs (a) 

through (e), (l) and (m) and adding 

paragraph (n) to reflect these 

adjustments, which will become 

effective thirty days following 

publication. 

The FCPIAA rounding rules do not 

authorize the FTC at this time to 

increase the amounts of the other civil 

penalties within its jurisdiction. 

Increases in civil penalties of greater 

than $100 and less than or equal to 

$1,000 must be in $100 increments, and 

the increase in the CPI was not high 

enough to round up any adjustment to 

$100. Accordingly, all other paragraphs 

of Commission Rule 1.98 remain 

unchanged. 


yshivers on PROD1PC62 with RULES
858 Federal Register / Vol. 74, No. 6 / Friday, January 9, 2009 / Rules and Regulations 

Likewise, the FTC is not adding new 

adjustments for other statutory civil 

penalty amounts that have been enacted 

since the last adjustments, such as the 

Energy Independence and Security Act 

of 2007 section 814(a). This authority is 

too recent to warrant adjustments for 

inflation. Similarly, the FTC is not 

adjusting section 1115(a) of the 

Medicare Prescription Drug 

Improvement and Modernization Act of 

2003 because the amount of inflation 

since the inception of this authority is 

insufficient to warrant adjustment. 

In light of the ministerial nature of the 

adjustments, the public comment 

requirements of the Administrative 

Procedure Act (APA) do not apply to 

this action. 5 U.S.C. 553(b)(B) 

(exception when public comment is 

unnecessary). For this reason, the 

requirements of the Regulatory 

Flexibility Act also do not apply. 5 

U.S.C. 603 and 604 (no regulatory 

flexibility analyses required where the 

APA does not require public comment). 

List of Subjects for 16 CFR Part 1 

Administrative practice and 

procedure, Penalties, Trade practices. 

■ For the reasons set forth in the 

preamble, the Federal Trade 

Commission amends Title 16, chapter I, 

subchapter A, of the Code of Federal 

Regulations, as follows: 

PART 1—GENERAL PROCEDURES 

Subpart L—Civil Penalty Adjustments 

Under the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

Amended by the Debt Collection 

Improvement Act of 1996 

■ 1. The authority citation for subpart L 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note. 

■ 2. Revise § 1.98 introductory text, 

paragraphs (a) through (e), (l) and (m) 

and add paragraph (n) to read as 

follows: 

§ 1.98 Adjustment of civil monetary 

penalty amounts. 

This section makes inflation 

adjustments in the dollar amounts of 

civil monetary penalties provided by 

law within the Commission’s 

jurisdiction. The following civil penalty 

amounts apply to violations occurring 

after February 9, 2009. 

(a) Section 7A(g)(1) of the Clayton 

Act, 15 U.S.C. 18a(g)(1)—$16,000; 

(b) Section 11(l) of the Clayton Act, 15 

U.S.C. 21(l)—$7,500; 

(c) Section 5(l) of the FTC Act, 15 

U.S.C. 45(l)—$16,000; 

(d) Section 5(m)(1)(A) of the FTC Act, 

15 U.S.C. 45(m)(1)(A)—$16,000; 

(e) Section 5(m)(1)(B) of the FTC Act, 

15 U.S.C. 45(m)(1)(B)—$16,000; 

* * * * * 

(l) Sections 525(a) and (b) of the 

Energy Policy and Conservation Act, 42 

U.S.C. 6395(a) and (b), respectively— 

$7,500 and $16,000, respectively; 

(m) Section 621(a)(2) of the Fair 

Credit Reporting Act, 15 U.S.C. 

1681s(a)(2)—$3,500; and 

(n) Civil monetary penalties 

authorized by reference to the Federal 

Trade Commission Act under any other 

provision of law within the jurisdiction 

of the Commission—refer to the 

amounts set forth in paragraphs (c), (d), 

(e) and (f) of this section, as applicable. 

By direction of the Commission. 

Richard C. Donohue, 

Acting Secretary. 

[FR Doc. E9–210 Filed 1–8–09: 8:45 am] 

[BILLING CODE 6750–01–S] 

DEPARTMENT OF LABOR 

Occupational Safety and Health 

Administration 

29 CFR Parts 1910, 1915, 1917, 1918 

and 1926 

[Docket No. OSHA–2008–0031] 

RIN 1218–AC42 

Clarification of Employer Duty To 

Provide Personal Protective 

Equipment and Train Each Employee 

AGENCY: Occupational Safety and Health 

Administration (OSHA), U.S. 

Department of Labor. 

ACTION: Final rule; correction. 

SUMMARY: OSHA is correcting an error 

in the final rule published in the 

Federal Register on December 12, 2008, 

clarifying employers’ duty to provide 

personal protective equipment and to 

train each employee. 

DATES: Effective January 12, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Contact Ms. Jennifer Ashley, Director, 

Office of Communications, OSHA, U.S. 

Department of Labor, Room N–3647, 

200 Constitution Avenue, NW., 

Washington, DC 20210; telephone (202) 

693–1999 or fax (202) 693–1634. 

SUPPLEMENTARY INFORMATION: On 

December 12, 2008 (73 FR 75568), 

OSHA issued a final rule entitled 

‘‘Clarification of Employer Duty To 

Provide Personal Protective Equipment 

and Train Each Employee.’’ 

Subsequently, an error was discovered 

in the amendatory language of that 

Federal Register notice. This notice is 

being published to correct that language. 

Correction of Publication 

In FR Doc. E8–29122 appearing on 

page 75568 in the Federal Register of 

Friday, December 12, 2008, the 

following correction is made: 

§ 1926.1101 [Corrected] 

■ On page 75589, in the first column, 

Subpart Z, item 44, the instruction ‘‘In 

section 1926.1101, paragraphs (h)(1) 

introductory text, (h)(2), and (k)(9)(i) are 

revised to read as follows:’’ is corrected 

to read ‘‘In section 1926.1101, 

paragraphs (h)(1) introductory text, 

(h)(2)(i), and (k)(9)(i) are revised to read 

as follows’’: 

Signed at Washington, DC, this 6th day of 

January 2009. 

Thomas M. Stohler, 

Acting Assistant Secretary of Labor for 

Occupational Safety and Health. 

[FR Doc. E9–311 Filed 1–8–09; 8:45 am] 

BILLING CODE 4510–26–P 

POSTAL REGULATORY COMMISSION 

39 CFR Part 3020 

[Docket Nos. MC2009–7 and R2009–1; Order 

No. 163] 

International Mail Contracts 

AGENCY: Postal Regulatory Commission. 

ACTION: Final rule. 

SUMMARY: The Commission is adding 

the Canada Post Bilateral Agreement for 

Inbound Market Dominant Services to 

the Market Dominant Product List. This 

action is consistent with changes in a 

recent law governing postal operations 

and a recent Postal Service request. 

Republication of the lists of market 

dominant and competitive products is 

also consistent with new requirements 

in the law. 

DATES: Effective January 9, 2009. 

FOR FURTHER INFORMATION CONTACT: 

Stephen L. Sharfman, General Counsel, 

202–789–6820 and 

stephen.sharfman@prc.gov. 

SUPPLEMENTARY INFORMATION: Regulatory 

History, 73 FR 70682 (November 21, 

2008). 

The Postal Service seeks to add a new 

product identified as Canada Post— 

United States Postal Service Contractual 

Bilateral Agreement for Inbound Market 

Dominant Services (Bilateral Agreement 

or Agreement) to the Market Dominant 

Product List. For the reasons discussed 

below, the Commission approves the 

Request. 

I. Background 

On November 13, 2008, the Postal 

Service filed a request pursuant to 39 


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