Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 72915 

(c) Effective Date 

This AD becomes effective January 11, 

2013. 

(d) Compliance 

You are responsible for performing each 

action required by this AD within the 

specified compliance time unless it has 

already been accomplished prior to that time. 

(e) Required Actions 

Within 5 hours time-in-service (TIS), and 

thereafter at intervals not to exceed 5 hours 

TIS: 

(1) Visually inspect the position of the 

upper plain journal bearing and determine if 

it is flush with the sliding sleeve. 

Note to paragraph (e)(1) of this AD: Figure 

1 of Eurocopter Alert Service Bulletin 

EC135–62A–021, dated June 23, 2005, which 

is not incorporated by reference, contains 

additional information about the inspection. 

(2) Visually inspect the lower plain journal 

bearing and determine if it is recessed 2 

millimeters from the sliding sleeve. 

(3) If the upper plain journal bearing is not 

flush with the sliding sleeve or the lower 

plain journal bearing is not recessed 2 mm, 

before further flight, replace the swashplate 

assembly with an airworthy swashplate 

assembly. 

(4) Replacing the swashplate assembly, 

P/N L623M2006101, with a later designed 

swashplate assembly, P/N L623M2005103, 

constitutes a terminating action for the 

requirements of this AD. 

(f) Alternative Methods of Compliance 

(AMOCs) 

(1) The Manager, Safety Management 

Group, FAA, may approve AMOCs for this 

AD. Send your proposal to: Gary Roach, 

Aviation Safety Engineer, FAA, Rotorcraft 

Directorate, Regulations and Policy Group, 

2601 Meacham Blvd., Fort Worth, Texas 

76137, telephone (817) 222–5110, email 

gary.b.roach@faa.gov. 

(2) For operations conducted under a 14 

CFR part 119 operating certificate or under 

14 CFR part 91, subpart K, we suggest that 

you notify your principal inspector, or 

lacking a principal inspector, the manager of 

the local flight standards district office or 

certificate holding district office, before 

operating any aircraft complying with this 

AD through an AMOC. 

(g) Additional Information 

(1) Eurocopter Alert Service Bulletin 

EC135–62A–021, dated June 23, 2005, which 

is not incorporated by reference, contains 

additional information about the subject of 

this AD. For service information identified in 

this AD, contact American Eurocopter 

Corporation, 2701 Forum Drive, Grand 

Prairie, TX 75053–4005, telephone (800) 

232–0323, fax (972) 641–3710, or at http:// 

www.eurocopter.com. You may review a 

copy of the service information at the FAA, 

Office of the Regional Counsel, Southwest 

Region, 2601 Meacham Blvd., Room 663, Fort 

Worth, Texas 76137. 

(2) The subject of this AD is addressed in 

European Aviation Safety Agency AD 2009– 

0272, dated December 18, 2009. 

(h) Subject 

Joint Aircraft Service Component (JASC) 

Code: 6230: Main Rotor Mast/Swashplate. 

Issued in Fort Worth, Texas, on November 

8, 2012. 

Lance T. Gant, 

Acting Directorate Manager, Rotorcraft 

Directorate, Aircraft Certification Service. 

[FR Doc. 2012–28044 Filed 12–6–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Office of the Secretary 

15 CFR Part 6 

[Docket No. 121022566–2566–01] 

RIN 0605–AA31 

Civil Monetary Penalties; Adjustment 

for Inflation 

AGENCY: Office of the Secretary, 

Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule is being issued 

to adjust each civil monetary penalty 

provided by law within the jurisdiction 

of the Department of Commerce (the 

Department). The Federal Civil 

Penalties Inflation Adjustment Act of 

1990, as amended by the Debt 

Collection Improvement Act of 1996, 

required the head of each agency to 

adjust its civil monetary penalties 

(CMP) for inflation no later than October 

23, 1996, and requires agencies to make 

adjustments at least once every four 

years thereafter. These inflation 

adjustments will apply only to 

violations that occur after the effective 

date of this rule. 

DATES: This rule is effective December 7, 

2012. 

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: The 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 (Pub. L. 101– 

410) provided for the regular evaluation 

of 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. On April 26, 1996, the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990 was amended 

by the Debt Collection Improvement Act 

of 1996 (Pub. L. 104–134) to require 

each agency to issue regulations to 

adjust its CMPs for inflation at least 

every four years. The amendment 

further provided that any resulting 

increases in a CMP due to the inflation 

adjustment should apply only to the 

violations that occur subsequent to the 

date of the publication in the Federal 

Register of the increased amount of the 

CMP. The first inflation adjustment of 

any penalty shall not exceed ten percent 

of such penalty. 

On October 24, 1996, November 1, 

2000, December 14, 2004, and December 

11, 2008, the Department published in 

the Federal Register a schedule of CMPs 

adjusted for inflation as required by law. 

By this publication, CMPs are again 

being adjusted for inflation as 

prescribed by law. 

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, or has a 

maximum amount provided for by 

Federal law; and, 

2. Is assessed or enforced by an 

agency pursuant to Federal law; and, 

3. Is assessed or enforced pursuant to 

an administrative proceeding or a civil 

action in the Federal courts. 

This regulation adjusts the CMPs that 

are established by law and assessed or 

enforced by the Department. 

The actual penalty assessed for a 

particular violation is dependent upon a 

variety of factors. For example, the 

National Oceanic and Atmospheric 

Administration’s (NOAA) Policy for the 

Assessment of Civil Administrative 

Penalties and Permit Sanctions (Penalty 

Policy), a compilation of internal 

guidelines that are used when assessing 

penalties for violations for most of the 

statutes NOAA enforces, will be 

interpreted in a manner consistent with 

this regulation to maintain the deterrent 

effect of the penalties recommended 

therein. The penalty ranges in the 

Penalty Policy are intended to aid 

enforcement attorneys in determining 

the appropriate penalty to assess for a 

particular violation. The Penalty Policy 

is maintained and made available to the 

public on the NOAA Office of the 

General Counsel, Enforcement Section 

Web site at: http://www.gc.noaa.gov/ 

documents/031611_penalty_policy.pdf. 

The inflation adjustments were 

determined pursuant to the 

methodology prescribed by Public Law 

101–410, which requires the maximum 

CMP, or the minimum and maximum 

CMP, as applicable, to be increased by 

the cost-of-living adjustment. The term 

‘‘cost-of-living adjustment’’ was defined 

in Public Law 104–134 to mean the 

percentage for each CMP by which the 

Consumer Price Index (CPI) for June of 

the calendar year preceding the 

adjustment exceeds the CPI for the 


srobinson on DSK4SPTVN1PROD with 
72916 Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 

month of June of the calendar year in 

which the amount of such CMP was last 

set or adjusted pursuant to law. For the 

purpose of computing the inflation 

adjustments, the CPI for June of the 

calendar year preceding the adjustment 

means the CPI for June of 2011. 

Public Law 101–410 requires each 

rounded increase to be added to the 

minimum or maximum penalty amount 

being adjusted, and the total is the 

amount of such penalty, as adjusted, 

subject to the ten percent limitation 

provided by Public Law 104–134 for the 

first adjustment. 

Rulemaking Requirements 

It has been determined that this rule 

is not significant for purposes of 

Executive Order 12866. 

The Department for good cause finds 

that notice and opportunity for 

comment is unnecessary for this 

rulemaking pursuant to 5 U.S.C. 

553(b)(B). It is unnecessary to ask for 

notice and comment because Public 

Law 104–134 requires the head of each 

agency to adjust its civil monetary 

penalties no later than October 23, 1996, 

and at least every four years thereafter, 

and Public Law 101–410, as amended 

by Public Law 104–134, states how to 

calculate the inflation adjustments, 

making such adjustments wholly nondiscretionary. This rule merely adjusts 

the Department’s CMP according to the 

statutory requirements. 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 15 CFR Part 6 

Law enforcement, Penalties. 

Dated: November 16, 2012. 

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 revised 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, Pub. L. 101–410, from the 

amounts of such penalties in effect prior 

to December 7, 2012, to the amounts of 

such penalties, as thus adjusted, except 

for the penalties that are being adjusted 

for the first time, stated in paragraphs, 

(a)(1), which became effective on 

October 21, 1986; (a)(2), which became 

effective on March 2, 1863; (b)(5), which 

became effective on December 18, 2006; 

and (f)(1) and (f)(2), which became 

effective on December 18, 2010. 

(a) Department of Commerce. (1) 31 

U.S.C. 3802(a)(1)(D), Program Fraud 

Civil Remedies Act of 1986, from $5,000 

to $5,500. 

(2) 31 U.S.C. 3729(a)(1)(G), False 

Claims Act; minimum from $5,000 to 

$5,500; maximum from $10,000 to 

$11,000. 

(b) Bureau of Industry and Security. 

(1) 15 U.S.C. 5408(b)(1), Fastener 

Quality Act—Violation, from $32,500 to 

$32,500. 

(2) 22 U.S.C. 6761(a)(1)(A), Chemical 

Weapons Convention Implementation 

Act—Inspection Violation, from $25,000 

to $25,000. 

(3) 22 U.S.C. 6761(a)(l)(B), Chemical 

Weapons Convention Implementation 

Act—Record Keeping Violation, from 

$5,000 to $5,000. 

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

Emergency Economic Powers Act 

(2007)—Violation, from $250,000 to 

$250,000. 

(5) 22 U.S.C. 8142(a), United States 

Additional Protocol Implementation Act 

(2006)— Violation, from $25,000 to 

$27,500. 

(c) Bureau of the Census. (1) 13 U.S.C. 

304, Collection of Foreign Trade 

Statistics—Delinquency on Delayed 

Filing of Export Documentation; 

maximum penalty for each day’s 

delinquency, from $1,000 to $1,000; 

maximum per violation, from $10,000 to 

$10,000. 

(2) 13 U.S.C. 305(b), Collection of 

Foreign Trade Statistics—Violations, 

from $10,000 to $10,000. 

(d) Economics and Statistics 

Administration. 22 U.S.C. 3105(a), 

International Investment and Trade in 

Services Act—Failure to Furnish 

Information; minimum, from $2,500 to 

$2,500; maximum, from $32,500 to 

$32,500. 

(e) International Trade 

Administration. (1) 19 U.S.C. 81s, 

Foreign Trade Zone—Violation, from 

$1,100 to $1,100. 

(2) 19 U.S.C. 1677f(f)(4), U.S.-Canada 

FTA Protective Order—Violation, from 

$130,000 to $130,000. 

(f) National Oceanic and Atmospheric 

Administration. (1) 51 U.S.C. 

60123(a)(3), Land Remote Sensing 

Policy Act of 2010; new penalty 

$10,000. 

(2) 51 U.S.C. 60148(c), Land Remote 

Sensing Policy Act of 2010, new penalty 

$10,000. 

(3) 16 U.S.C. 773f(a), Northern Pacific 

Halibut Act of 1982 (2007), from 

$200,000 to $200,000. 

(4) 16 U.S.C. 783, Sponge Act (1914), 

from $650 to $650. 

(5) 16 U.S.C. 957, Tuna Conventions 

Act of 1950 (1962); 

(i) Violation/Subsection (a), from 

$32,500 to $32,500. 

(ii) Subsequent Violation/Subsection 

(a), from $70,000 to $70,000. 

(iii) Violation/Subsection (b), from 

$1,100 to $1,100. 

(iv) Subsequent Violation/Subsection 

(b), from $6,500 to $6,500. 

(v) Violation/Subsection (c), from 

$140,000 to $140,000. 

(6) 16 U.S.C. 971e(e), Atlantic Tunas 

Convention Act of 1975 (1995), from 

$140,000 to $140,000. 

(7) 16 U.S.C. 972f(b), Eastern Pacific 

Tuna Licensing Act of 1984; 

(i) Violation/Subsections (a)(1)–(3), 

from $32,500 to $32,500. 

(ii) Subsequent Violation/Subsections 

(a)(1)–(3), from $65,000 to $65,000. 

(iii) Violation/Subsections (a)(4)–(5), 

from $6,500 to $6,500. 

(iv) Subsequent Violation/Subsections 

(a)(4)–(5), from $6,500 to $6,500. 

(v) Violation/Subsection (a)(6), from 

$140,000 to $140,000. 

(8) 16 U.S.C. 973f(a), South Pacific 

Tuna Act of 1988, from $350,000 to 

$350,000. 

(9) 16 U.S.C. 1174(b), Fur Seal Act 

Amendments of 1983, from $11,000 to 

$11,000. 

(10) 16 U.S.C. 1375(a) (1), Marine 

Mammal Protection Act of 1972 (1981), 

from $11,000 to $11,000. 

(11) 16 U.S.C. 1385(e), Dolphin 

Protection Consumer Information Act 

(1990), from $130,000 to $130,000. 

(12) 16 U.S.C. 1437(d)(1), National 

Marine Sanctuaries Act (1992), from 

$140,000 to $140,000. 

(13) 16 U.S.C. 1540(a)(1), Endangered 

Species Act of 1973; 

(i) Knowing Violation of Section 1538 

(1988), from $32,500 to $32,500. 

(ii) Other Knowing Violation (1988), 

from $13,200 to $13,200. 


srobinson on DSK4SPTVN1PROD with 
Federal Register / Vol. 77, No. 236 / Friday, December 7, 2012 / Rules and Regulations 72917 

(iii) Otherwise Violation (1978), from 

$650 to $650. 

(14) 16 U.S.C. 1858(a), MagnusonStevens Fishery Conservation and 

Management Act (1990), from $140,000 

to $140,000. 

(15) 16 U.S.C. 2437(a)(1), Antarctic 

Marine Living Resources Convention 

Act of 1984; 

(i) Violation, from $6,500 to $6,500. 

(ii) Knowing Violation, from $11,000 

to $11,000. 

(16) 16 U.S.C. 2465(a), Antarctic 

Protection Act of 1990; 

(i) Violation, from $6,500 to $6,500. 

(ii) Knowing Violation, from $11,000 

to $11,000. 

(17) 16 U.S.C. 3373(a), Lacey Act 

Amendments of 1981; 

(i) Sale and Purchase Violation, from 

$11,000 to $11,000. 

(ii) Marking Violation, from $275 to 

$275. 

(iii) False Labeling Violation, from 

$11,000 to $11,000. 

(iv) Other than Marking Violation, 

from $11,000 to $11,000. 

(18) 16 U.S.C. 3606(b)(1), Atlantic 

Salmon Convention Act of 1982 (1990), 

from $140,000 to $140,000. 

(19) 16 U.S.C. 3637(b), Pacific Salmon 

Treaty Act of 1985 (1990), from 

$140,000 to $140,000. 

(20) 16 U.S.C. 4016(b)(1)(B), Fish and 

Seafood Promotion Act of 1986; 

minimum from $500 to $500; maximum 

from $6,500 to $6,500. 

(21) 16 U.S.C. 5010(a)(1), North 

Pacific Anadromous Stocks Act of 1992, 

from $130,000 to $130,000. 

(22) 16 U.S.C. 5103(b)(2), Atlantic 

Coastal Fisheries Cooperative 

Management Act (1993), from $140,000 

to $140,000. 

(23) 16 U.S.C. 5154(c)(1), Atlantic 

Striped Bass Conservation Act (1990), 

from $140,000 to $140,000. 

(24) 16 U.S.C. 5507(a)(1), High Seas 

Fishing Compliance Act of 1995, from 

$130,000 to $130,000. 

(25) 16 U.S.C. 5606(b), Northwest 

Atlantic Fisheries Convention Act of 

1995, from $140,000 to $140,000. 

(26) 16 U.S.C. 6905(c), Western and 

Central Pacific Fisheries Convention 

Implementation Act (2007), from 

$140,000 to $140,000. 

(27) 16 U.S.C. 7009(c), Pacific Whiting 

Act of 2006 (2007); from $140,000 to 

$140,000. 

(28) 22 U.S.C. 1978(e), Fishermen’s 

Protective Act of 1967 (1971); 

(i) Violation, from $11,000 to $11,000. 

(ii) Subsequent Violation, from 

$32,500 to $32,500. 

(29) 30 U.S.C. 1462(a), Deep Seabed 

Hard Mineral Resources Act (1980), 

from $32,500 to $32,500. 

(30) 42 U.S.C. 9152(c)(1), Ocean 

Thermal Energy Conversion Act of 1980, 

from $32,500 to $32,500. 

■ 3. Section 6.5 is revised to read as 

follows: 

§ 6.5 Effective Date of Adjustments. 

The adjustments made by § 6.4 of this 

part, of the penalties there specified, are 

effective on December 7, 2012, and said 

penalties, as thus adjusted by the 

adjustments made by § 6.4 of this part, 

shall apply only to violations occurring 

after December 7, 2012, and before the 

effective date of any future inflation 

adjustment thereto made subsequent to 

December 7, 2012 as provided in § 6.6 

of this part. 

[FR Doc. 2012–28503 Filed 12–6–12; 8:45 am] 

BILLING CODE 3510–DP–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 744 

[Docket No. 121009527–2527–01] 

RIN 0694–AF80 

Addition of Certain Persons to the 

Entity List 

Correction 

In rule document 2012–28919 

appearing on pages 71097–71099 in the 

issue of Thursday, November 29, 2012, 

make the following changes: 

PART 744—[CORRECTED] 

1. On page 71099, in the table 

‘‘Supplement No. 4 to Part 744—Entity 

List’’, in the fifth column, in the fourth 

row, ‘‘77 FR [INSERT FR PAGE 

NUMBER] 11/30/12.’’ should read, ‘‘77 

FR [INSERT FR PAGE NUMBER] 11/29/ 

12.’’ 

2. On the same page, in the same 

table, in the same column, in the sixth 

row, ‘‘77 FR [INSERT FR PAGE 

NUMBER] 11/30/12.’’ should read, ‘‘77 

FR [INSERT FR PAGE NUMBER] 11/29/ 

12.’’ 

3. On the same page, in the same 

table, in the same column, in the tenth 

row, ‘‘77 FR [INSERT FR PAGE 

NUMBER] 11/30/12.’’ should read, ‘‘77 

FR [INSERT FR PAGE NUMBER] 11/29/ 

12.’’ 

[FR Doc. C1–2012–28919 Filed 12–6–12; 8:45 am] 

BILLING CODE 1505–01–D 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Part 774 

[Docket No. 120320200–2296–01] 

RIN 0694–AF62 

Editorial Corrections to the Commerce 

Control List of the Export 

Administration Regulations 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This final rule corrects 

reference and typographical errors in 

the Commerce Control List (CCL) in the 

Export Administration Regulations 

(EAR). The corrections are primarily 

editorial in nature and do not affect 

license requirements. A technical 

standard in ECCN 3A991 is revised. 

DATES: Effective on December 7, 2012. 

FOR FURTHER INFORMATION CONTACT: 

Robert Monjay, Office of Exporter 

Services, Bureau of Industry and 

Security, by telephone (202) 482–2440 

or email: Robert.Monjay@bis.doc.gov. 

SUPPLEMENTARY INFORMATION: This final 

rule updates seven categories of the 

Commerce Control List (CCL) to correct 

spelling and typographical errors and 

inaccurate internal references, and to 

provide a complete and more accurate 

description of controls and the related 

items on the CCL. 

Category 0, Nuclear Materials, 

Facilities, and Equipment And 

Miscellaneous Items 

ECCN 0A018.c is amended to correct 

an error in a final rule published by BIS 

on March 30, 2004 (69 FR 16478, 

16480). The March 20, 2004, rule 

contained duplicative language and did 

not include the word ECCN prior to a 

reference to a related ECCN. To correct 

these errors, this rule removes the 

phrase ‘‘that were not specifically 

designed for hunting or sporting 

purposes’’ and adds the word ‘‘ECCN’’ 

before the word ‘‘0A984’’ in the Note to 

0A018.c. 

ECCN 0B001.g.2 is amended to correct 

an error in a final rule published by BIS 

on January 15, 1998 (63 FR 2452, 2462). 

The January 15, 1998, rule included an 

unnecessary apostrophe in the word 

‘‘alloys’’. To correct this error, the rule 

deletes the apostrophe from the word 

‘‘alloy’s’’ in ECCN 0B001.g.2. 


srobinson on DSK4SPTVN1PROD with