65260 Federal Register / Vol. 65, No. 212 / Wednesday, November 1, 2000 / Rules and Regulations

with Boeing Service Letter 737–SL–27–118–

A, dated November 14, 1997; 737–SL–27–

118–B, dated April 14, 1999; or 737–SL–27–

118–C, dated May 19, 1999; are considered

acceptable for compliance with paragraphs

(a)(2) and (b) of this AD.

Alternative Methods of Compliance

(c)(1) An alternative method of compliance

or adjustment of the compliance time that

provides an acceptable level of safety may be

used if approved by the Manager, Seattle

Aircraft Certification Office (ACO), FAA.

Operators shall submit their requests through

an appropriate FAA Principal Maintenance

Inspector, who may add comments and then

send it to the Manager, Seattle ACO.

(2) Alternative methods of compliance,

approved previously in accordance with AD

99–05–15, amendment 39–11063, are

considered to be approved as alternative

methods of compliance with paragraph (a) of

this AD only.

Note 4: Information concerning the

existence of approved alternative methods of

compliance with this AD, if any, may be

obtained from the Seattle ACO.

Special Flight Permits

(d) Special flight permits may be issued in

accordance with §§ 21.197 and 21.199 of the

Federal Aviation Regulations (14 CFR 21.197

and 21.199) to operate the airplane to a

location where the requirements of this AD

can be accomplished.

Incorporation by Reference

(e) The actions shall be done in accordance

with Boeing Alert Service Bulletin 737–

27A1205, dated August 28, 1997, and Boeing

Service Letter 737–SL–27–118–D, dated

December 17, 1999.

(1) The incorporation by reference of

Boeing Service Letter 737–SL–27–118–D,

dated December 17, 1999, was approved

previously by the Director of the Federal

Register as of October 25, 2000 (65 FR 56783,

September 20, 2000).

(2) The incorporation by reference of

Boeing Alert Service Bulletin 737–27A1205,

dated August 28, 1997, was approved

previously by the Director of the Federal

Register as of March 23, 1999 (64 FR 10935,

March 8, 1999).

(3) Copies may be obtained from Boeing

Commercial Airplane Group, P.O. Box 3707,

Seattle, Washington 98124–2207. Copies may

be inspected at the FAA, Transport Airplane

Directorate, 1601 Lind Avenue, SW., Renton,

Washington; or at the Office of the Federal

Register, 800 North Capitol Street, NW., suite

700, Washington, DC.

(f) The effective date of this amendment

remains October 25, 2000.

Issued in Renton, Washington, on October

24, 2000.

Donald L. Riggin,

Acting Manager, Transport Airplane

Directorate, Aircraft Certification Service.

[FR Doc. 00–27791 Filed 10–31–00; 8:45 am]

BILLING CODE 4910–13–P

DEPARTMENT OF COMMERCE

Office of the Secretary

15 CFR Part 6

[Docket No.: 001024293–0293–01]

RIN 0690–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,

requires the head of each agency to

adjust its civil monetary penalties for

inflation no later than October 23, 1996,

and 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 November

1, 2000.

ADDRESSES: Office of Financial

Management, Department of Commerce,

14th and Constitution Avenue, MS

6827, Washington, DC 20230.

FOR FURTHER INFORMATION CONTACT: Lisa

Casias, 202–482–0766.

SUPPLEMENTARY INFORMATION: The

Federal Civil Penalties Inflation

Adjustment Act of 1990, (Pub. L. 101–

410), provided for the regular evaluation

of civil monetary penalties to ensure

that they continued to maintain their

deterrent value and that penalty

amounts due to the Federal Government

were 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 civil monetary penalties

(CMP) for inflation at least every four

years. The amendment further provides

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, the Commerce

Department published in the Federal

Register a schedule of CMP adjusted for

inflation as required by law. In one

instance, the initial CMP inflation

adjustment was zero, and was published

accordingly. In two cases the adjustment

was nine percent. All other CMP

adjusted at that time were increased by

the ten percent maximum amount. In

the October 24, 1996, publication, the

following then existing CMP were not

included:

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

Act

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

Amendments of 1983

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

Consumer Information Act

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

Act of 1990

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

Seafood Promotion Act of 1986

16 U.S.C. 5010 (a), North Pacific

Anadromous Stocks Act of 1992

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

Fisheries Cooperative Management

Act

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

Compliance Act of 1995

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

Fisheries Convention Act of 1995

22 U.S.C. 1978 (e), Fishermen’s

Protective Act of 1967

By this publication CMP are again

being adjusted for inflation as

prescribed by law. In the case of those

CMP listed above that were not

previously adjusted, the CMP

adjustment in this document is subject

to the initial inflation adjustment

limitation of ten percent, and each is

being adjusted by that amount. Next, in

the October 24, 1996, publication, the

CMP included in the Atlantic Striped

Bass Conservation Act (16 U.S.C. 1851

Note (Sec. 5)(c)(1)), was adjusted from

$1,000 to $1,100. Thus, it is no longer

subject to the ten percent limitation for

first time adjustments. However, in

1997, this CMP was legislatively

changed to be the same amount as the

CMP established in the MagnusonStevens Fishery Conservation and

Management Act (16 U.S.C. 1858(a)),

which in 1997 was $110,000. As a

consequence, the CMP for the Atlantic

Striped Bass Conservation Act is being

adjusted in this publication from the

Federal Register / Vol. 65, No. 212 / Wednesday, November 1, 2000 / Rules and Regulations 65261

1997 value of $110,000 to $114,000.

Third, several new CMP regarding the

Chemical Weapons Convention (CWC)

are included in this publication and are

being adjusted, though each adjustment

is less than the ten percent limitation

applicable to first time adjustments. In

one instance, the CMP for import

restriction violations under the CWC,

the initial inflation adjustment is zero

percent. Finally, two CMP for violations

of the Public Works and Economic

Development Act (PWEDA), for false

statements and embezzlement,

respectively, have been deleted. These

CMP were deleted due to an amendment

to PWEDA that made the penalties for

these actions criminal.

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 civil

penalties 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 (NOAA) Civil

Administrative Penalty Schedule (the

Schedule), a compilation of internal

guidelines that are used when assessing

penalties for violations for most of the

statutes NOAA enforces, will be

adjusted in a manner consistent with

this regulation to maintain the deterrent

effect of the penalties recommended

therein. The penalty ranges in the

Schedule are intended to aid

enforcement attorneys in determining

the appropriate penalty to assess for a

particular violation. Pursuant to the

notice published in the Federal Register

(59 FR 19160, April 22, 1994), the

Schedule is maintained and made

available for inspection by the public at

specific locations.

The inflation adjustment was

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 104–34 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

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 1999.

The raw inflation adjustment amounts

are required by Public Law 101–410 to

be rounded as follows:

1. If the increase is greater than $0

and less than or equal to $100, round to

the nearest multiple of $10.

2. If the increase is greater than $100

and less than or equal to $1,000, round

to nearest multiple of $100.

3. If the increase is greater than $1,000

and less than or equal to $10,000, round

to the nearest multiple of $1,000.

4. If the increase is greater than

$10,000 and less than or equal to

$100,000, round to the nearest multiple

of $5,000.

5. If the increase is greater than

$100,000 and less than or equal to

$200,000, round to the nearest multiple

of $10,000.

6. If the increase is greater than

$200,000, round to the nearest multiple

of $25,000.

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 Adjustments.

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 and the 30-

day delayed effective date are

unnecessary (5 U.S.C. 553(b)(B) and 5

U.S.C. 553(d)(3)) for this rulemaking. It

is unnecessary to ask for notice and

comment and delay the effective date

because the Debt Collection

Improvement Act of 1996 (the Act)

requires the head of each agency to

adjust its civil monetary penalties for

inflation by regulation no later than

October 23, 1996, and at least every four

years thereafter, and the Federal Civil

Monetary Penalty Inflation Adjustment

Act of 1990, as amended by the Act,

states how to calculate the inflation

adjustment. This rule merely adjusts the

Department’s CMP according to the

statutory requirements. The Department

does not have any discretion in making

the adjustments.

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

was not prepared for purposes of the

Regulatory Flexibility Act. 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.

James L. Taylor,

Director for Financial Management and

Deputy Chief Financial Officer.

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 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 Five, from the amounts of such

penalties in effect prior to November 1,

2000, to the amounts of such penalties,

as thus adjusted.

(a) Bureau of Export Administration.

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

Quality Act, violation: from $25,000 to

$27,500.

(2) 50 U.S.C. 1705(b), International

Emergency Economic Powers Act, as

invoked by E.O. 12924 (August 19,

1994) and E.O. 12938 (November 14,

1994), Export Administration

Regulations violation: from $11,000 to

$12,000.

(3) 50 U.S.C. 1707(b), International

Emergency Economic Powers Act, as

invoked by E.O. 12924 (August 19,

1994) and E.O. 12938 (November 14,

1994), Chemical Weapons Convention

Implementation Act (See E.O. 13128,

June 25, 1999), Chemical Weapons

Convention, Import restriction violation:

from $11,000 to $11,000.

(4) 22 U.S.C. 7661(a)(1)(A), Chemical

Weapons Convention Implementation

Act, Prohibited acts relating to

inspection violation: from $25,000 to

$25,500.

(5) 22 U.S.C. 7661(a)(1)(B), Chemical

Weapons Convention Implementation

Act, Record keeping violation: from

$5,000 to $5,100.

65262 Federal Register / Vol. 65, No. 212 / Wednesday, November 1, 2000 / Rules and Regulations

(6) 50 U.S.C. app. 2410(c), Export

Administration Act, See E.O.

12851(June 11, 1993), Non-national

security violation: from $11,000 to

$12,000.

(7) 50 U.S.C. app. 2410(c), Export

Administration Act, See E.O. 12851

(June 11, 1993), and Section 38 Arms

Export Control Act, National security

violation: from $110,000 to $120,000.

(b) Economic Development

Administration.

(1) 19 U.S.C. 2349, Trade Act of 1974,

False statement, etc.: from $5,500 to

$6,000.

(2) [Reserved]

(c) Economics and Statistics

Administration (ESA)/Census.

(1) 13 U.S.C. 304, Delinquency on

delayed filing of export documentation:

from $110 per/day (up to $1,100) to

$120 per/day (up to $1,200).

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

trade statistics violation: from $1,100 to

$1,200.

(d) ESA/Bureau of Economic

Analysis.

(1) 22 U.S.C. 3105(a), International

Investment and Trade in Services Act,

Failure to furnish information: from a

minimum of $2,750 to $3,000, and from

a maximum of $27,500 to $30,000.

(2) [Reserved]

(e) Import Administration.

(1) 19 U.S.C. 81s, Foreign Trade Zone

violation: from $1,100 to $1,200.

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

American Free Trade Agreement

Protective Order violation: from

$110,000 to $120,000.

(f) National Oceanic and Atmospheric

Administration.

(1) 15 U.S.C. 5623(a)(3), Land Remote

Sensing Policy Act of 1992, violation:

from $10,900 to $11,900.

(2) 15 U.S.C. 5658(c), Land Remote

Sensing Policy Act of 1992, violation:

from $10,900 to $11,900.

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

Halibut Act of 1982, violation: from

$27,500 to $30,000.

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

violation: from $550 to $600.

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

Act of 1950 (1962):

(i) Violation/subsection c: from

$110,000 to $120,000.

(ii) Violation/subsection a: from

$27,500 to $30,000.

(iii) Violation/subsection b: from

$1,100 to $1,200.

(iv) Subsequent violation/subsection

a: from $55,000 to $60,000

(v) Subsequent violation/subsection b:

from $5,500 to $6,000

(6) 16 U.S.C. 971e(e)(1), Atlantic

Tunas Convention Act of 1975 (1995),

violation: from $100,000 to $109,000.

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

Tuna Licensing Act of 1984:

(i) Violation/subsections (a)(1)–(3):

from $27,500 to $30,000.

(ii) Violation/subsections (a)(4)–(5):

from $5,500 to $6,000.

(iii) Subsequent violation/subsections

(a)(1)–(3): from $55,000 to $60,000.

(iv) Subsequent violation/subsections

(a)(4)–(5): from $5,500 to $6,000.

(v) Violation/subsection (a)(6): from

$110,000 to $120,000.

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

Tuna Act of 1988, violation: from

$275,000 to $300,000.

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

Amendments of 1983, violation: from

$10,000 to $11,000.

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

Mammal Protection Act of 1972,

violation: from $11,000 to $12,000.

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

Protection Consumer Information Act

(1990), violation: from $100,000 to

$110,000.

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

Marine Sanctuaries Act (1992),

violation: from $109,000 to $119,000.

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

Species Act of 1973:

(i) Knowing violations (1988): from

$27,500 to $30,000.

(ii) Otherwise violations (1978): from

$550 to $600.

(iii) Other knowing violations (1988):

from $13,200 to $14,000.

(14) 16 U.S.C. 1851 Note (Sec. 5)(c)(1),

Atlantic Striped Bass Conservation Act

(1997), violation: from $110,000 to

$114,000.

(15) 16 U.S.C. 1858 (a), MagnusonStevens Fishery Conservation and

Management Act (1990), violation: from

$110,000 to $120,000.

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

Marine Living Resources Convention

Act of 1984:

(i) Knowing violation: from $11,000 to

$12,000.

(ii) Violation: from $5,500 to $6,000.

(17) 16 U.S.C. 2465(a), Antarctic

Protection Act of 1990:

(i) Knowing violation: from $10,000 to

$11,000.

(ii) Violation: from $5,000 to $5,500.

(18)16 U.S.C. 3373(a), Lacey Act

Amendments of 1981:

(i) Other than marking violation: from

$11,000 to $12,000.

(ii) Marking violation: from $275 to

$300.

(iii) Sale and purchase violation

(1988): from $11,000 to $12,000.

(iv) False labeling violation (1988):

from $11,000 to $12,000.

(19) 16 U.S.C. 3606(b), Atlantic

Salmon Convention Act of 1982 (1990),

violation: from $110,000 to $120,000.

(20) 16 U.S.C. 3637(b), Pacific Salmon

Treaty Act of 1985 (1990), violation:

from $110,000 to $120,000.

(21) 16 U.S.C. 4016(b)(1)(B) Fish and

Seafood Promotion Act of 1986,

violation: from $500 (up to $5,000) to

$550 (up to $5,500).

(22) 16 U.S.C. 5010(a), North Pacific

Anadromous Stocks Act of 1992,

violation: from $100,000 to $110,000.

(23) 16 U.S.C. 5103(b)(2), Atlantic

Coastal Fisheries Cooperative

Management Act (1993), violation: from

$100,000 to $110,000.

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

Fishing Compliance Act of 1995,

violation: from $100,000 to $109,000.

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

Atlantic Fisheries Convention Act of

1995, violation: from $100,000 to

$109,000.

(26) 22 U.S.C. 1978(e), Fishermen’s

Protective Act of 1967 (1971):

(i) Violation: from $10,000 to $11,000

(ii) Subsequent violation: from

$25,000 to $27,500.

(27) 30 U.S.C. 1462(a), Deep Seabed

Hard Mineral Resources Act (1980),

violation: from $27,500 to $30,000.

(28) 42 U.S.C. 9152(c)(1), Ocean

Thermal Energy Conversion Act of 1980,

violation: from $27,500 to $30,000.

3. Section 6.5 is revised to read as

follows:

§ 6.5 Effective date of adjustments.

The inflation adjustments made by

§ 6.4 of this part, of the penalties there

specified, are effective on November 1,

2000, and said penalties, as thus

adjusted by the inflation adjustments

made by § 6.4 of this part, shall apply

only to violations occurring after

November 1, 2000, and before the

effective date of any future inflation

adjustment thereto made subsequent to

November 1, 2000, as provided in § 6.6

of this part.

[FR Doc. 00–28007 Filed 10–31–00; 8:45 am]

BILLING CODE 3510–FA–P

DEPARTMENT OF ENERGY

Federal Energy Regulatory

Commission

18 CFR Part 37

[Docket No. RM95–9–013]

Open Access Same-Time Information

System and Standards of Conduct

Issued October 26, 2000.

AGENCY: Federal Energy Regulatory

Commission (Commission).

ACTION: Order adopting revised

‘‘Business Practice Standards for OASIS

Transactions’’ (BPS Document).

SUMMARY: The Commission is revising

the BPS Document adopted by the