Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Rules and Regulations 6719

Col. All carrier groups and entities

C–1 ..... 110 Revenue passengers enplaned.

(8) 130 Revenue passengers

transported. The total number of

revenue passengers transported over

single flight stage, including those

already on board the aircraft from a

previous flight stage. Report only the

total revenue passengers transported in

item 130. For all air carriers and all

entities, item 130 revenue passengers

transported is reported on Form 41

Schedule T–100 in Column B–7, as

follows:

Col. All carrier groups and entities

B–7 ...... 130 Revenue passengers transported.

* * * * *

(18) 310 Available seats. The number

of seats available for sale. This figure

reflects the actual number of seats

available, excluding those blocked for

safety or operational reasons. Report the

total available seats in item 310. For all

air carriers and all entities, item 310

available seats, total is reported on Form

41 Schedule T–100 in column B–4, as

follows.

Col. All carrier groups and entities

B–4 ...... 310 Available seats, total.

* * * * *

3. In Section 19–6 paragraph (b)

introductory text is revised to read as

follows:

Section 19–6 Public Disclosure of

Traffic Data

* * * * *

(b) Detailed international on-flight

market and nonstop segment data in

Schedule T–100 and Schedule T–100(f)

reports shall be publicly available

immediately following the Department’s

determination that the database is

complete, but no earlier than six months

after the date of the data. Data for onflight markets and nonstop segments

involving no U.S. points shall not be

made publicly available for three years.

Industry and carrier summary data may

be made public before the end of six

months or the end of three years, as

applicable, provided there are three or

more carriers in the summary data

disclosed. The Department may, at any

time, publish international summary

statistics without carrier detail. Further,

the Department may release nonstop

segment and on-flight market detail data

by carrier before the end of the

confidentiality periods as follows:

* * * * *

Issued in Washington, DC on February 6,

1997.

Charles A. Hunnicutt,

Assistant Secretary for Aviation and

International Affairs.

[FR Doc. 97–3576 Filed 2–12–97; 8:45 am]

BILLING CODE 4910–62–P

14 CFR Part 383

49 CFR Part 31

[OST Docket No. OST–97–2116]

RIN 2105–AC63

Program Fraud Civil Remedies; Civil

Penalties

AGENCY: Office of the Secretary, DOT.

ACTION: Final rule.

SUMMARY: In accordance with Federal

Civil Penalties Inflation Adjustment Act

of 1990, as amended by the Debt

Collection Improvement Act of 1996,

this final rule incorporates the penalty

inflation adjustments for civil money

penalties imposed by the Office of the

Secretary of Transportation.

EFFECTIVE DATE: This rule is effective on

March 17, 1997.

FOR FURTHER INFORMATION CONTACT:

Mark A. Holmstrup, Senior Trial

Attorney, Office of Aviation

Enforcement and Proceedings (C–70),

Department of Transportation, 400

Seventh Street, S.W., Washington, D.C.

20590, (202) 366–9349.

SUPPLEMENTARY INFORMATION:

I. The Debt Collection Improvement Act

of 1996

In an effort to maintain the remedial

impact of civil money penalties (CMPs)

and promote compliance with the law,

the Federal Civil Penalties Inflation

Adjustment Act of 1990 (Pub. L. 101–

410) was amended by the Debt

Collection Improvement Act of 1996

(Pub.L. 104–134, section 31001) to

require Federal agencies to regularly

adjust certain CMPs for inflation. As

amended, the law requires each agency

to make an initial inflationary

adjustment for all applicable CMPs, and

to make further adjustments at least

once every four years thereafter for these

penalty amounts.

The Debt Collection Improvement Act

of 1996 further stipulates that (i) any

resulting increases in a CMP due to the

calculated inflation adjustments should

apply only to the violations that occur

after October 23, 1996—180 days after

the date of enactment of the statute—

and (ii) the initial adjustment of a CMP

under the Act may not exceed 10

percent of that CMP. Penalties that fall

under the Internal Revenue Code of

1986, the Tariff Act of 1930, the

Occupational Safety and Health Act of

1970, and the Social Security Act are

specifically exempt from the

requirements of the Act.

Method of Calculation

Under the Federal Civil Penalties

Inflation Adjustment Act of 1990, as

amended, the inflation adjustment for

each applicable CMP is determined by

increasing the maximum CMP amount

per violation by the cost-of-living

adjustment. The ‘‘cost-of-living’’

adjustment is defined as the percentage

of each CMP 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 the CMP (if any)

was last set or adjusted in accordance

with the law. Any calculated increase

under this adjustment is subject to a

specific rounding formula set forth in

the 1990 statute.

II. OST Civil Money Penalties Affected

by This Adjustment

There are two penalty authorities

under our jurisdiction, as described

below, for which adjustments are

required and are now being made.

Title 49 of the United States Code

(Transportation)

Section 46301(a)(1) of Title 49

(formerly section 1471(a) of the Federal

Aviation Act, 49 U.S.C. App. § 901(a))

sets forth a CMP of not more than

$1,000 for persons who violate certain

provisions of Title 49, Subtitle VII

(Aviation Programs). The penalty was

enacted in 1962 and has not been

increased with respect to matters within

the jurisdiction of the Office of the

Secretary.

Based on the penalty amount inflation

factor calculation, derived from dividing

the June 1995 CPI by the CPI from June

1962, after rounding and applying the

10 percent maximum ceiling, we are

adjusting the maximum penalty amount

for the CMP under Section 46301(a)(1)

to $1,100 per violation.

The Program Fraud Civil Remedies Act

of 1986

In 1986, sections 6103 and 6104 of the

Omnibus Budget Reconciliation Act of

1986 (Pub. L. 99–501) set forth the

Program Fraud Civil Remedies Act of

1986 (PFCRA). Specifically, this

authority established a CMP and an
6720 Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Rules and Regulations

1As adjusted in accordance with the Federal Civil

Penalties Inflation Adjustment Act of 1990 (Pub. L.

101–140), as amended by the Debt Collection

Improvement Act of 1996 (Pub. L. 104–143, section

31001).

assessment against any individual whowith knowledge or reason to knowmakes, presents or submits a false,

fictitious or fraudulent claim or

statement to the Department. The

Department’s regulations—published in

the Federal Register (53 FR 880, January

14, 1988) and codified at 49 CFR Part

31—set forth a CMP of up to $5,000 for

each false claim or statement made to

the Department.

Based on the penalty amount inflation

factor calculation, derived from dividing

the June 1995 CPI by the CPI from June

1986, after rounding and applying the

10 percent maximum ceiling, we are

adjusting the maximum penalty amount

for this CMP to $5,500 per violation.

III. Waiver of Proposed Rulemaking

In developing this final rule, we are

waiving the usual notice of proposed

rulemaking and public comment

procedures set forth in the

Administrative Procedure Act (APA) (5

U.S.C. § 553). The APA provides an

exception to the notice and comment

procedures when an agency finds there

is good cause for dispensing with such

procedures on the basis that they are

impracticable, unnecessary or contrary

to the public interest. We have

determined that under 5 U.S.C.

§ 553(b)(3)(B) good cause exists for

dispensing with the notice of proposed

rulemaking and public comment

procedures for this rule. Specifically,

this rulemaking comports and is

consistent with the statutory authority

set forth in the Debt Collection

Improvement Act of 1996, with no

issues of policy discretion. Accordingly,

we believe that opportunity for prior

comment is unnecessary and contrary to

the public interest, and are issuing these

revised regulations as a final rule that

will apply to all future cases under this

authority.

IV. Regulatory Impact Statement

Executive Order 12866

This final rule is exempt from review

by the Office of Management and

Budget (OMB) in accordance with the

provisions of Executive Order 12866,

because it is limited to the adoption of

statutory language, without

interpretation. As indicated above, the

provisions contained in this final

rulemaking set forth the inflation

adjustments in compliance with the

Debt Collection Improvement Act of

1996 for specific applicable civil money

penalties under the authority of the

OST. The great majority of persons

addressed through these regulations do

not engage in such prohibited activities

and practices, and as a result, we

believe that any aggregate economic

impact of these revised regulations will

be minimal, affecting only those limited

few who may engage in prohibited

behavior in violation of the statutes or

regulations. As such, this final rule and

the inflation adjustment contained

therein should have no effect on Federal

or State expenditures.

Regulatory Flexibility Act

In addition, we prepare a regulatory

flexibility analysis that is consistent

with the Regulatory Flexibility Act (5

U.S.C. 601–612), unless we certify that

a regulation will not have a significant

economic impact on a substantial

number of small entities. While some

penalties may have an impact on small

entities, it is the nature of the violation

and not the size of the entity that will

result in an action by the OST, and the

aggregate economic impact of this

rulemaking on small business entities

should be minimal, affecting only those

few who have chosen to engage in

prohibited arrangements and schemes in

violation of statutory and regulatory

intent.

Therefore, we have concluded and

certify that this final rule will not have

a significant economic impact on a

substantial number of small entities,

and that a regulatory flexibility analysis

is not required for this rulemaking.

Paperwork Reduction Act

This final rule imposes no new

reporting or record keeping

requirements necessitating clearance by

OMB.

List of Subjects

14 CFR Part 383

Administrative practice and

procedure, Penalties.

49 CFR Part 31

Administrative practice and

procedure, Fraud, Investigations,

Organizations and functions,

(Governmental agencies), Penalties.

Accordingly, the Department of

Transportation adds a Part 383 to Title

14, Subchapter D, of the Code of Federal

Regulations and amends 49 CFR Part 31,

as set forth below:

TITLE 14—AERONAUTICS AND SPACE

CHAPTER II—OFFICE OF THE SECRETARY,

DEPARTMENT OF TRANSPORTATION

(AVIATION PROCEEDINGS)

A new 14 CFR Part 383 is added to

subchapter D to read as follows:

PART 383—CIVIL PENALTIES

Sec.

383.1 Basis and purpose.

383.2 Amount of penalty.

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

§ 383.1 Basis and purpose.

(a) Basis. This part implements the

Federal Civil Penalties Inflation

Adjustment Act of 1990 (Pub. L. 101–

410), as amended by the Debt Collection

Improvement Act of 1996 (Pub. L. 104–

134, section 31001). The Debt Collection

Improvement Act of 1996 (Act) requires

each agency head to adjust by regulation

each civil monetary penalty provided by

law by the inflation adjustment

described under section 5 of the Federal

Civil Penalties Inflation Adjustment Act

of 1990, as amended.

(b) Purpose. This part increases the

civil penalty liability amount listed

under subsection (a)(1) of section 46301

of Title 49 of the United States Code.

§ 383.2 Amount of penalty.

A person is liable to the United States

Government for a civil penalty of not

more than $1,100 for violations covered

by this chapter and listed under

subsection (a)(1) of section 46301 of

Title 49 of the United States Code.1

TITLE 49—TRANSPORTATION

SUBTITLE A—OFFICE OF THE SECRETARY

OF TRANSPORTATION

49 CFR Part 31 is amended as set forth

below:

PART 31—PROGRAM FRAUD CIVIL

REMEDIES

1. The authority citation for part 31

continues to read as follows:

Authority: 31 U.S.C. 3801–3812.

2. Section 31.3 is amended by revising

paragraphs (a)(1) introductory text,

(a)(1)(w), (b)(1) introductory text and

and (b)(1)(ii) to read as follows:

§ 31.3 Basis for civil penalties and

assessments.

(a) Claims. (1) Except as provided in

paragraph (c) of this section, any person

who makes a claim that the person

knows or has reason to know—

* * *

(iv) Is for payment for the provision

of property or services which the person

has not provided as claimed, shall be

subject, in addition to any other remedy

that may be prescribed by law, to a civil

penalty of not more than $5,500 for each

such claim.1
Federal Register / Vol. 62, No. 30 / Thursday, February 13, 1997 / Rules and Regulations 6721

2As adjusted in accordance with the Federal Civil

Penalties Inflation Adjustment Act of 1990 (Pub. L.

101–140), as amended by the Debt Collection

Improvement Act of 1996 (Pub. L. 104–143, section

31001).

* * * * *

(b) Statements. (1) Except as provided

in paragraph (c) of this section, any

person who makes a written statement

that—* * *

(ii) Contains, or is accompanied by, an

express certification or affirmation of

the truthfulness and accuracy of the

contents of the statement, shall be

subject, in addition to any other remedy

that may be prescribed by law, to a civil

penalty of not more than $5,500.2

* * * * *

Issued this 3rd day of February, 1997, at

Washington, D.C.

Federico Pen ̃ a,

Secretary of Transportation.

[FR Doc. 97–3238 Filed 2–12–97; 8:45 am]

BILLING CODE 4910–62–P

DEPARTMENT OF THE TREASURY

Customs Service

19 CFR Part 101

[T. D. 97–7]

Establishment of Port of Entry at Spirit

of St. Louis Airport

AGENCY: Customs Service, Department

of the Treasury.

ACTION: Final rule.

SUMMARY: This document amends the

Customs Regulations pertaining to the

field organization of Customs by

designating a port of entry at the Spirit

of St. Louis Airport in St. Louis County,

Missouri. This designation is pursuant

to Congressional direction in Public

Law 104–208.

EFFECTIVE DATE: March 17, 1997.

FOR FURTHER INFORMATION CONTACT:

Harry Denning, Office of Field

Operations, (202) 927–0196.

SUPPLEMENTARY INFORMATION:

Background

As part of a continuing program to

obtain more efficient use of its

personnel, facilities, and resources, and

to provide better service to carriers,

importers, and to the general public,

Customs is amending § 101.3, Customs

Regulations (19 CFR 101.3), by

designating a port of entry at the Spirit

of St. Louis Airport in St. Louis County,

Missouri. This designation is pursuant

to Congressional direction in Public

Law 104–208 of September 30, 1996.

Port Limits

The port limits of the Spirit of St.

Louis Airport encompass the following

territory:

A tract of land in the City of

Chesterfield, St. Louis County, Missouri,

described as follows: The point of

beginning located at the intersection of

the Missouri River Interstate 64/U.S.

Highway 40/61 Bridge and the

Monarch-Chesterfield Levee; thence

eastwardly along said Levee to

Bonhomme Creek; thence

southwestwardly along said Levee

across its eastern intersection with

Interstate 64 and its intersection with

Chesterfield Airport Road to its

connection with the St. Louis

Southwestern Railroad rail bed just east

of Long Road; thence westwardly along

said Railroad right-of-way to its

intersection with Eatherton Road;

thence northwardly along Eatherton

Road to a point where it intersects with

Olive Street Road and the Levee; thence

northeastwardly along said Levee to the

point of beginning.

Regulatory Flexibility Act and

Executive Order 12866

Because this document relates to

agency management and organization

and because this amendment is directed

by Congress, this document is not

subject to the notice and public

procedure requirements of 5 U.S.C. 553.

Accordingly this document is not

subject to the provisions of the

Regulatory Flexibility Act (5 U.S.C. 601

et seq.).

This document does not meet the

criteria for a significant regulatory

action under Executive Order 12866.

Inapplicability of Public Notice and

Comment Requirements

Inasmuch as this amendment is the

direct result of Congressional direction,

pursuant to 5 U.S.C. 553(a)(2) and

(b)(B), good cause exists for dispensing

with the notice and public procedure

thereon as unnecessary.

Drafting Information

The principal author of this document

was Janet Johnson, Regulations Branch,

Office of Regulations and Rulings, U.S.

Customs Service. However, personnel

from other offices participated in its

development.

List of Subjects in 19 CFR Part 101

Customs duties and inspection,

Organization and functions

(Government agencies).

Amendments to the Regulations

For the reasons set forth in the

preamble, part 101 of the Customs

Regulations is amended as set forth

below.

PART 101—GENERAL PROVISIONS

1. The general authority citation for

Part 101 and the specific authority for

§ 101.3 continue to read as follows:

Authority: 5 U.S.C. 301, 19 U.S.C. 2, 66,

1202 (General Note 20, Harmonized Tariff

Schedule of the United States), 1623, 1624.

Sections 101.3 and 101.4 also issued under

19 U.S.C. 1 and 58b;

* * * * *

§ 101.3 [Amended]

2. Section 101.3(b)(1) is amended by

adding, in alphabetical order under the

state of Missouri, ‘‘Spirit of St. Louis

Airport’’ in the ‘‘Ports of entry’’ column

and, adjacent to this entry, ‘‘Including

territory described in T. D. 97–7’’ in the

‘‘Limits of port’’ column.

Approved: January 17, 1997.

George J. Weise,

Commissioner of Customs.

John P. Simpson,

Deputy Assistant Secretary of the Treasury.

[FR Doc. 97–3619 Filed 2–12–97; 8:45 am]

BILLING CODE 4820–02–P

DEPARTMENT OF HEALTH AND

HUMAN SERVICES

Food and Drug Administration

21 CFR Part 178

[Docket No. 89F–0331]

Indirect Food Additives: Adjuvants,

Production Aids, and Sanitizers

AGENCY: Food and Drug Administration,

HHS.

ACTION: Final rule.

SUMMARY: The Food and Drug

Administration (FDA) is amending the

food additive regulations to provide for

the safe use of 2,3,4,5-tetrachloro-6-

cyanobenzoic acid, methyl ester

reaction products with pphenylenediamine and sodium

methoxide as a colorant in all foodcontact polymers. This action is in

response to a petition filed by CibaGeigy Corp.

DATES: Effective February 13, 1997;

written objections and requests for a

hearing by March 17, 1997.

ADDRESSES: Submit written objections to

the Dockets Management Branch (HFA–

305), Food and Drug Administration,

12420 Parklawn Dr., rm. 1–23,

Rockville, MD 20857.

FOR FURTHER INFORMATION CONTACT:

Richard H. White, Center for Food