900 Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Rules and Regulations 

Conclusion 

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. It, therefore—(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. For the same 

reason, the FAA certifies that this 

amendment will not have a significant 

economic impact on a substantial 

number of small entities under the 

criteria of the Regulatory Flexibility Act. 

List of Subjects in 14 CFR Part 97 

Air traffic control, Airports, 

Incorporation by reference, and 

Navigation (Air). 

Issued in Washington, DC, on December 

29, 2006. 

James J. Ballough, 

Director, Flight Standards Service. 

Adoption of the Amendment 

■ Accordingly, pursuant to the authority 

delegated to me, Title 14, Code of 

Federal regulations, Part 97, 14 CFR part 

97, is amended by amending Standard 

Instrument Approach Procedures, 

effective at 0901 UTC on the dates 

specified, as follows: 

PART 97—STANDARD INSTRUMENT 

APPROACH PROCEDURES 

■ 1. The authority citation for part 97 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40106, 

40113, 40114, 40120, 44502, 44514, 44701, 

44719, 44721–44722. 

■ 2. Part 97 is amended to read as 

follows: 

By amending: § 97.23 VOR, VOR/ 

DME, VOR or TACAN, and VOR/DME 

or TACAN; § 97.25 LOC, LOC/DME, 

LDA, LDA/DME, LDA w/GS, SDF, SDF/ 

DME; § 97.27 NDB, NDB/DME; § 97.29 

ILS, MLS, TLS, GLS, WAAS PA, MLS/ 

RNAV; § 97.31 RADAR SIAPs; § 97.33 

RNAV SIAPs; § 97.35 COPTER SIAPs, 

§ 97.37 Takeoff Minima and Obstacle 

Departure Procedures. Identified as 

follows: 

* * * Effective Upon Publication 

FDC date State City Airport FDC No. Subject 

12/05/07 ....... CA CHICO ............................... CHICO MUNI ..................................... 6/7633 VOR/DME RWY 13L, AMDT 7B. 

12/04/07 ....... NC KINSTON ........................... KINSTON REGL JETPORT AT 

STALLINGS FLD.

6/7677 RNAV (GPS) RWY 5, AMDT 1A. 

12/15/06 ....... AZ PHOENIX .......................... PHOENIX SKY HARBOR INTL ........ 6/8608 ILS RWY 7L, AMDT 10A. 

12/22/06 ....... GA ATLANTA .......................... NEWNAN COWETA COUNTY ......... 6/9072 RNAV (GPS) RWY 14, ORIG. 

12/22/06 ....... GA ATLANTA .......................... NEWNAN COWETA COUNTY ......... 6/9073 RNAV (GPS) RWY 32, AMDT 1. 

12/22/06 ....... GA ATLANTA .......................... NEWNAN COWETA COUNTY ......... 6/9074 LOC RWY 32, AMDT 1. 

12/22/06 ....... GA ATLANTA .......................... NEWNAN COWETA COUNTY ......... 6/9075 VOR/DME–A, AMDT 7. 

12/27/06 ....... MN MINNEAPOLIS .................. FLYING CLOUD ................................ 6/9250 COPTER OR ILS RWY 10R, 

ORIG–C. 

[FR Doc. E7–30 Filed 1–8–07; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

15 CFR Part 6 

[Docket No.: 0612213340–6339–01] 

RIN 0690–AA35 

Civil Monetary Penalties; Adjustments 

AGENCY: Office of the Secretary, 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule is being issued 

to adjust civil monetary penalties 

(CMPs) provided by law within the 

jurisdiction of the Department of 

Commerce (the Department). Recent 

changes to the International Emergency 

Economic Powers Act (IEEPA), as 

amended by the USA PATRIOT 

Improvement and Reauthorization Act 

of 2005 (Patriot Act), Public Law 109–

177, increased the penalties for two 

violations. The intent of this rule is to 

make the Department’s regulations 

consistent with those changes. 

DATES: This rule is effective January 9, 

2007. 

ADDRESSES: Office of General Counsel, 

Department of Commerce, 1401 

Constitution Avenue, NW., MS 5876, 

Washington, DC 20230. 

FOR FURTHER INFORMATION CONTACT: 

Peter Robbins, 202–482–0846. 

SUPPLEMENTARY INFORMATION: As part of 

its obligations under the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, Public Law 101–410, as amended 

by the Debt Collection Improvement Act 

of 1996, the Department regularly 

evaluates CMPs to ensure that they 

continue to maintain their deterrent 

value and that penalty amounts due to 

the Federal Government are properly 

accounted for and collected. Under 

some circumstances, the Department 

may also need to adjust a portion of the 

CMPs within its jurisdiction in order to 

make them consistent with statutory 

changes. 

The recent Patriot Act adjusted 

certain CMPs under IEEPA. A civil 

monetary penalty is defined as any 

penalty, fine, or other sanction that: 

1. Is for a specific monetary amount as 

provided by Federal law; 

2. Is assessed or enforced pursuant to 

Federal law; and 

3. Is assessed or enforced pursuant to an 

administrative proceeding or a civil 

action in the Federal courts. 

This rule adjusts the affected CMPs 

that are codified at 15 CFR 6.4(a)(4) and 

15 CFR 6.4(a)(5) in order to make them 

consistent with the statutory changes. 

The actual penalty assessed for a 

particular violation will continue to be 

dependent upon a variety of factors. 

Rulemaking Requirements 

It has been determined that this rule 

is not significant for purposes of 

Executive Order 12866. 

Pursuant to 5 U.S.C. 553(b)(B), the 

Department for good cause finds that 

notice and an opportunity for comment 

required by the Administrative 

Procedure Act are unnecessary for this 

rulemaking. It is unnecessary to ask for 

notice and comment because the USA 

Patriot Act changed two CMPs within 

the Department’s jurisdiction. As such, 

the corresponding changes to the 

Department’s regulations are wholly 

non-discretionary. This rule merely 

bajohnson on PROD1PC69 with RULES

Federal Register / Vol. 72, No. 5 / Tuesday, January 9, 2007 / Rules and Regulations 901 

1 Industry guides are administrative 

interpretations of laws issued by the Commission 

for the guidance of the public in conducting its 

affairs in conformity with legal requirements. 16 

CFR 1.5. 

2 59 FR 64546 (December 14, 1994). 

3 Guide 6 also provides that plants propagated 

from plants lawfully collected from the wild state 

may be designated as ‘‘nursery-propagated.’’

4 See the Commission’s 1983 Statement on 

Deception found in the appendix to Cliffdale 

Associates, 103 F.T.C. 110, 174 (1984). 

5 71 FR 34045 (June 13, 2006). 

6 The comments are cited in this notice by the 

name of the commenter. All comments are on the 

public record and available for public inspection in 

the Consumer Response Center, Room 130, Federal 

Trade Commission, 600 Pennsylvania Avenue, 

NW., Washington, DC, from 9 a.m. to 5 p.m., 

Monday through Friday, except Federal holidays. 

The comments also are available on the Internet at 

the Commission’s Web site, http://www.ftc.gov. 

7 Barb Sachau (‘‘Sachau’’). 

adjusts the Department’s CMPs 

according to the statutory mandate. For 

the same reasons, there exists good 

cause to waive the thirty day delay in 

effectiveness of the rule, pursuant to 5 

U.S.C. 553(d)(3). 

Because notice and opportunity for 

comment are not required by 5 U.S.C. 

553, or any other law, a Regulatory 

Flexibility Analysis is not required and 

none was prepared. 

This rule does not contain 

information collection requirements for 

purposes of the Paperwork Reduction 

Act. 

List of Subjects in 15 CFR Part 6 

Law enforcement, Penalties. 

Lisa Casias, 

Deputy Chief Financial Officer and Director 

for Financial Management. 

■ For the reasons set forth in the 

preamble, subtitle A of Title 15 of the 

Code of Federal Regulations is amended 

as follows: 

PART 6—CIVIL MONETARY PENALTY 

INFLATION ADJUSTMENTS 

■ 1. The authority citation for part 6 

continues to read as follows: 

Authority: Sec. 4, as amended, and sec. 5, 

Pub. L. 101–410, 104 Stat. 890 (28 U.S.C. 

2461 note); Pub. L. 104–134, 110 Stat. 1321, 

28 U.S.C. 2461 note. 

■ 2. Section 6.4 is amended by revising 

the introductory text and paragraphs 

(a)(4) and (a)(5) to read as follows: 

§ 6.4 Adjustments to penalties. 

The civil monetary penalties provided 

by law within the jurisdiction of the 

respective agencies or bureaus of the 

Department, as set forth below in this 

section, are hereby adjusted in 

accordance with the inflation 

adjustment procedures prescribed in 

Section 5, from the amounts of such 

penalties in effect prior to December 14, 

2004, to the amounts of such penalties, 

as thus adjusted, except for the penalties 

stated in paragraphs (a)(4) and (a)(5) 

which became adjusted on March 9, 

2006. 

(a) * * * 

(4) 50 U.S.C. 1705(a), International 

Emergency Economic Powers Act—

Export Administration Regulation 

Violation, from $11,000 to $50,000. 

(5) 50 U.S.C. 1705(a), International 

Emergency Economic Powers Act—

Chemical Weapons Convention 

Implementation Act, Import Restriction 

Violation, from $11,000 to $50,000. 

* * * * * 

[FR Doc. E7–85 Filed 1–8–07; 8:45 am] 

BILLING CODE 3510–17–P 

FEDERAL TRADE COMMISSION 

16 CFR Part 18 

Guides for the Nursery Industry 

AGENCY: Federal Trade Commission. 

ACTION: Confirmation of guides. 

SUMMARY: The Federal Trade 

Commission (‘‘FTC’’ or ‘‘Commission’’) 

has completed its regulatory review of 

the Guides for the Nursery Industry 

(‘‘Guides’’ or ‘‘Nursery Guides’’), as part 

of the Commission’s systematic review 

of all current Commission regulations 

and guides, and, with the exception of 

correcting a misspelled word, has 

determined to retain the Guides in their 

current form. 

DATES: This action is effective as of 

January 9, 2007. 

ADDRESSES: Requests for copies of this 

notice should be sent to the Consumer 

Response Center, Room 130, Federal 

Trade Commission, 600 Pennsylvania 

Ave., NW., Washington, DC 20580. The 

notice also is available on the Internet 

at the Commission’s Web site, http:// 

www.ftc.gov. 

FOR FURTHER INFORMATION CONTACT: 

Janice Podoll Frankle, (202) 326–3022, 

Attorney, Division of Enforcement, 

Bureau of Consumer Protection, Federal 

Trade Commission, Washington, DC 

20580. E-mail: jfrankle@ftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Introduction 

The Commission has determined, as 

part of its oversight responsibilities, to 

review its rules and guides periodically 

to seek information about their costs 

and benefits as well as their regulatory 

and economic impact. The information 

obtained assists the Commission in 

identifying rules and guides that 

warrant modification or rescission. 

II. Background 

The Commission issued its Nursery 

Guides in 1979.1 These Guides address 

numerous sales practices for outdoor 

plants, trees, and flowers, including 

deceptive claims regarding quantity, 

size, grade, kind, species, age, maturity, 

condition, vigor, hardiness, growth 

ability, price, and origin or place where 

grown. 

In 1994, as part of its periodic review, 

the Commission amended the Nursery 

Guides.2 Specifically, the Commission 

amended Guide 6 (Plants collected from 

the wild state) and the related 

definitions. Guide 6 now advises sellers 

that it is unfair or deceptive to offer for 

sale plants collected from the wild state 

without disclosing that fact.3

Additionally, the Commission amended 

Guides 1–8 to update legal terminology. 

Specifically, the Commission deleted 

the expressions ‘‘it is an unfair trade 

practice’’ and ‘‘has the capacity and 

tendency or effect of deceiving 

purchasers,’’ neither of which the 

Commission uses in its orders, rules, or 

guides. The Commission substituted the 

language ‘‘it is an unfair or deceptive act 

or practice’’ and ‘‘misrepresents directly 

or by implication.’’ 4

On June 13, 2006, the Commission 

published a Federal Register notice 

(‘‘FRN’’) seeking comment on the 

Nursery Guides as part of the 

Commission’s ongoing project to review 

periodically its rules and guides to 

determine their current effectiveness 

and impact.5 The FRN sought comment 

on the continuing need for the Guides; 

the costs and benefits of the Guides; 

how the 1994 amendments to Guide 6 

affected the nursery industry and 

purchasers; and what effects, if any, 

technological or economic changes have 

had on the Guides. 

III. Regulatory Review Comments 

The Commission received two 

comments in response to the FRN,6 one 

from an individual 7 and one from the 

American Nursery & Landscape 

Association (‘‘ANLA’’). ANLA, a 

national trade organization formed in 

1875, represents nursery and 

greenhouse crop growers, landscape 

design and installation professionals, 

independent garden retailers, 

horticultural distributors, and industry 

suppliers. ANLA stated that these 

entities collectively comprise what is 

commonly referred to as the ‘‘green 

industry,’’ which generates annual 

economic output estimated at over $147 

billion. According to ANLA, the 

Nursery Guides cover many of the 

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