Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations 47077 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 13 

[Docket No. FAA–2002–11483; Amendment 

No. 13–33] 

RIN 2120–AI52 

Revisions to the Civil Penalty Inflation 

Adjustment Rule and Tables; 

Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule, correction. 

SUMMARY: This document contains 

corrections to the preamble of final rule 

published in the Federal Register on 

May 16, 2006, (71 FR 28518) and an 

amendment to the regulatory language. 

That final rule implements adjustments 

to certain civil monetary penalties 

under the Federal Civil Penalties 

Inflation Adjustment Act of 1990, as 

amended by the Debt Collection 

Improvement Act of 1996. 

DATES: This amendment becomes 

effective August 16, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Joyce Redos, Office of the Chief 

Counsel, Enforcement Division, AGC–

300, Federal Aviation Administration, 

800 Independence Avenue, SW., 

Washington, DC 20591; telephone (202) 

267–3137; facsimile (202) 267–5106; email joyce.redos@faa.gov. 

SUPPLEMENTARY INFORMATION: 

Need for Correction 

The final rule document published in 

the Federal Register on May 16, 2006 

(71 FR 28518), contains two errors in 

the preamble. In addition, the final 

column was omitted from Table One of 

the regulatory language and the dates in 

the two footnotes to Table Two should 

be the effective date of the rule, not the 

date of publication. This publication 

corrects the errors in the preamble and 

amends the regulatory language. 

■ In the May 16, 2006, Federal Register 

(FR Doc. 06–4524), make the following 

corrections to read as follows: 

■ 1. On page 28519, column 2, 10th line 

from the bottom, correct ‘‘insert 

effective date of rule’’ to read ‘‘June 15, 

2006’’. 

■ 2. On page 28519, column 3, 9th line 

from the bottom, remove the sentence 

beginning with the word ‘‘Based’’ and 

insert the following sentence to read 

‘‘Based on a new inflation adjustment, 

as of June 15, 2006, the penalty is 

$11,000 per day.’’

List of Subjects in 14 CFR Part 13 

Administrative practice and 

procedure, Air transportation, 

Hazardous materials transportation, 

Investigations, Law enforcement, 

Penalties. 

The Amendment 

■ In conclusion of the foregoing, the 

Federal Aviation Administration 

amends part 13 of Title 14, Code of 

Federal Regulations, as follows: 

PART 13—INVESTIGATIVE AND 

ENFORCEMENT PROCEDURES 

■ 1. The authority citation 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 by revising Table 

1 to read as follows: 

§ 13.305 Cost of living adjustments of civil 

monetary penalties. 

TABLE 1.—TABLE OF MIMIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS BEFORE

DECEMBER 12, 2003, AND FOR HAZARDOUS MATERIALS VIOLATIONS BEFORE AUGUST 10, 2005 

United States 

Code citation Civil monetary penalty description 

Mimimum 

penalty 

amount 

New adjusted 

mimimum 

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) Violation of hazardous materials transportation 

law, regulation, or order.

$250 per 

violation, 

last set 

1990.

Same ....... $30,000 per violation, adjusted 3/ 

13/02.

Same. 

49 U.S.C. 

46301(a)(1).

Violation under 49 U.S.C. 46301(a)(1) .................. N/A .......... N/A .......... $1,100 per violation, adjusted 1/ 

21/1997.

Same. 

49 U.S.C. 

46301(a)(2).

Violations under 49 U.S.C. (a)(2)(A) or (B) by a 

person operating an aircraft for the transportation of passengers or property for compensation (except an airman serving as an airman).

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

21/1997.

Same. 

49 U.S.C. 

46301(a)(3)(A).

Violation under 498 U.S.C. 46301(a)(1) related to 

the transportation of hazardous materials.

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

21/1997.

Same. 

49 U.S.C. 

46301(a)(3)(B).

Violation 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 1/ 

21/1997.

Same. 

49 U.S.C. 

46301(a)(3)(C).

Violation of 49 U.S.C. 44718(d) relating to limiting 

construction or establishment of landfills.

N/A .......... N/A .......... $10,000 per violation, set 10/9/ 

1996.

Same. 

49 U.S.C. 

46301(a)(3)(D).

Violation of 49 U.S.C. 44725 relating to the safe 

disposal of life-limited aircraft parts.

N/A .......... N/A .......... $10,000, set 4/5/2000 ................. Same. 

49 U.S.C. 

46301(a)(5).

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.

Same. 

49 U.S.C. 

46301(b).

Tampering with a smoke alarm device .................. N/A .......... N/A .......... $2,200, adjusted 1/21/1997 ........ Same. 

49 U.S.C. 

46302(a).

Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States.N/A .......... N/A .......... $11,000, adjusted 1/21/1997 ...... Same. 


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47078 Federal Register / Vol. 71, No. 158 / Wednesday, August 16, 2006 / Rules and Regulations 

TABLE 1.—TABLE OF MIMIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS BEFORE

DECEMBER 12, 2003, AND FOR HAZARDOUS MATERIALS VIOLATIONS BEFORE AUGUST 10, 2005—Continued 

United States 

Code citation Civil monetary penalty description 

Mimimum 

penalty 

amount 

New adjusted 

mimimum 

penalty 

amount 

Maximum penalty amount when 

last set or adjusted pursuant to 

law 

New or 

adjusted 

maximum 

penalty 

amount 

49 U.S.C. 46303 Carrying a concealed dangerous weapon ............. N/A .......... N/A .......... $11,000, adjusted 1/21/1997 ...... Same. 

49 U.S.C. 46318 Interference with cabin or flight crew ..................... N/A .......... N/A .......... $25,000, set 4/5/2000 ................. Same. 

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) and 

(a)(2), above.

Same. 

1FAA prosecutes violations under this section that occurred before February 17, 2002. 

■ 3. Amend § 13.305 by revising the 

footnotes to Table 2 to read as follows: 

§ 13.305 Cost of living adjustments of civil 

monetary penalties. 

* * * * * 

TABLE 2.—TABLE OF MINIMUM AND

MAXIMUM CIVIL MONETARY PENALTY

AMOUNTS FOR CERTAIN VIOLATIONS

OCCURRING ON OR AFTER DECEMBER 12, 2003 

* * * * * 

1The maximum penalty for a violation from 

12/12/2003 until 6/15/2006 is $10,000. 2The maximum penalty for a violation from 

4/5/2000 until 6/15/2006 is $25,000. 

Dated: Issued in Washington, DC on 

August 11, 2006. 

Rebecca McPherson, 

Assistant Chief Counsel. 

[FR Doc. 06–6953 Filed 8–15–06; 8:45 am] 

BILLING CODE 4910–13–M 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2006–25059; Airspace 

Docket No. 06–ACE–8] 

Establishment of Class E5 Airspace; 

Higginsville, MO 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This rule establishes a Class 

E surface area airspace extending 

upward from 700 feet above the surface 

at Higginsville, MO. 

The effect of this rule is to provide 

appropriate controlled Class E airspace 

for aircraft departing from and executing 

instrument approach procedures to 

Higginsville Industrial Municipal 

Airport, MO and to segregate aircraft 

using instrument approach procedures 

in instrument conditions from aircraft 

operating in visual conditions. 

DATES: Effective Date: 0901 UTC, 

September 28, 2006. 

FOR FURTHER INFORMATION CONTACT: 

Grant Nichols, Airspace Branch, ACE–

520G, DOT Regional Headquarters 

Building, Federal Aviation 

Administration, 901 Locust, Kansas 

City, MO 64106; telephone: (816) 329–

2522. 

SUPPLEMENTARY INFORMATION: 

History 

On Monday, June 26, 2006, the FAA 

proposed to amend part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) to establish Class E airspace at 

Higginsville, MO (71 FR 36257). The 

proposal was to establish a Class E5 

airspace area to bring Higginsville, MO 

airspace into compliance with FAA 

directives. Interested parties were 

invited to participate in this rulemaking 

proceeding by submitting written 

comments on the proposal to the FAA. 

No comments objecting to the proposal 

were received. 

The Rule 

This notice amends part 71 of the 

Federal Aviation Regulations (14 CFR 

part 71) by establishing a Class E 

airspace area extending upward from 

700 feet above the surface at 

Higginsville Industrial Municipal 

Airport, MO. The establishment of Area 

Navigation (RNAV) Global Positioning 

System (GPS) Instrument Approach 

Procedures (IAP) to Runways 16 and 34 

have made this action necessary. The 

intended effect of this action is to 

provide adequate controlled airspace for 

Instrument Flight Rules operations at 

Higginsville Industrial Municipal 

Airport, MO. The area will be depicted 

on appropriate aeronautical charts. 

Class E airspace areas extending 

upward from 700 feet or more above the 

surface of the earth are published in 

Paragraph 6005 of FAA Order 7400.9N, 

Airspace Designations and Reporting 

Points, dated September 1, 2005, and 

effective September 16, 2005, which is 

incorporated by reference in 14 CFR 

71.1 of the same Order. The Class E 

airspace designation listed in this 

document will be published 

subsequently in the Order. 

The FAA has determined that this 

regulation only involves an established 

body of technical regulations for which 

frequent and routine amendments are 

necessary to keep them operationally 

current. Therefore, this regulation—(1) 

Is not a ‘‘significant regulatory action’’

under Executive Order 12866; (2) is not 

a ‘‘significant rule’’ under DOT 

Regulatory Policies and Procedures (44 

FR 11034; February 26, 1979); and (3) 

does not warrant preparation of a 

Regulatory Evaluation as the anticipated 

impact is so minimal. Since this is a 

routine matter that will only affect air 

traffic procedures and air navigation, it 

is certified that this rule, when 

promulgated, will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

This rulemaking is promulgated 

under the authority described in subtitle 

VII, part A, subpart I, section 40103. 

Under that section, the FAA is charged 

with prescribing regulations to assign 

the use of the airspace necessary to 

ensure the safety of aircraft and the 

efficient use of airspace. This regulation 

is within the scope of that authority 

since it contains aircraft executing 

instrument approach procedures to 

Higginsville Industrial Municipal 

Airport, MO. 

List of Subjects in 14 CFR Part 71 

Airspace, Incorporation by reference, 

Navigation (Air). 

Adoption of the Amendment 

■ In consideration of the foregoing, the 

Federal Aviation Administration 

amends 14 CFR part 71 as follows: 


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