Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Rules and Regulations 68681 

78u–2(b)(1) and (2), and the penalty for 

a natural person under 15 U.S.C. 78u– 

2(b)(3). The penalties that are not 

adjusted at this time because of this 

rounding formula will be subject to 

adjustment at the next adjustment cycle 

to take account of the entire period 

since their last adjustment. 

The following is an example of the 

methodology for adjusting CMPs, using 

the penalty for a first tier violation of 12 

U.S.C. 1847(d). First, because that CMP 

was last adjusted in 2000, we calculated 

the percent increase between the CPI–U 

for June 2000 (172.4) and the CPI–U for 

June 2011 (225.72). We then took that 

percentage (30.9%) and multiplied it by 

the current CMP amount of $2,200 to 

obtain an inflation increase of $679.80. 

Because the current CMP amount is 

greater than $1,000 but less than 

$10,000, the Act requires us to round 

the inflation increase to the nearest 

multiple of $1,000. Rounding $679.80 to 

the nearest multiple of $1,000 yields 

$1,000. Accordingly, the increase to the 

$2,200 penalty for a first tier violation 

of 12 U.S.C. 1847(d) is $1,000, resulting 

in an adjusted CMP of $3,200. 

Administrative Procedure Act 

This rule is not subject to the 

provisions of the Administrative 

Procedure Act (APA), 5 U.S.C. 553, 

requiring notice, public participation, 

and deferred effective date. The FCPIA 

Act provides Federal agencies with no 

discretion in the adjustment of CMPs to 

the rate of inflation, and it also requires 

that adjustments be made at least every 

four years. Moreover, this regulation is 

ministerial and technical. For these 

reasons, the Board finds good cause to 

determine that public notice and 

comment for this new regulation is 

unnecessary, impracticable, and 

contrary to the public interest, pursuant 

to the APA, 5 U.S.C. 553(b)(3)(B). These 

same reasons also provide the Board 

with good cause to adopt an effective 

date for this regulation that is less than 

30 days after the date of publication in 

the Federal Register, pursuant to the 

APA, 5 U.S.C. 553(d)(3). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act, 5 

U.S.C. 601 et seq., applies only to rules 

for which an agency publishes a general 

notice of proposed rulemaking. Because 

the Board has determined for good 

cause that a notice of proposed 

rulemaking for this rule is unnecessary, 

the Regulatory Flexibility Act does not 

apply to this final rule. 

Paperwork Reduction Act 

There is no collection of information 

required by this final rule that would be 

subject to the Paperwork Reduction Act 

of 1995, 44 U.S.C. 3501 et seq. 

List of Subjects in 12 CFR Part 263 

Administrative practice and 

procedure, Claims, Crime, Equal Access 

to Justice, Lawyers, Penalties. 

Authority and Issuance 

For the reasons set forth in the 

preamble, the Board of Governors 

amends 12 CFR part 263 as follows: 

PART 263—RULES OF PRACTICE FOR 

HEARINGS 

■ 1. The authority citation for part 263 

continues to read as follows: 

Authority: 5 U.S.C. 504, 554–557; 12 

U.S.C. 248, 324, 504, 505, 1464, 1467, 1467a, 

1468, 1817(j), 1818, 1820(k), 1828(c), 1829(e), 

1831o, 1831p–1, 1847(b), 1847(d), 1884(b), 

1972(2)(F), 3105, 3107, 3108, 3349, 3907, 

3909, 4717; 15 U.S.C. 21, 78(1), 78o–4, 78o– 

5, 78u–2; 28 U.S.C. 2461 note; 31 U.S.C. 

5321; and 42 U.S.C. 4012a. 

■ 2. Section 263.65 is revised to read as 

follows: 

§ 263.65 Civil penalty inflation 

adjustments. 

(a) Inflation Adjustments. In 

accordance with the Federal Civil 

Penalties Inflation Adjustment Act of 

1990, 28 U.S.C. 2461 note, the Board has 

set forth in paragraph (b) of this section 

the adjusted maximum amounts for 

each civil money penalty provided by 

law within the Board’s jurisdiction. The 

authorizing statutes contain the 

complete provisions under which the 

Board may seek a civil money penalty. 

The adjusted civil money penalties 

apply only to violations occurring after 

the effective date of this rule. 

(b) Maximum civil money penalties. 

The maximum civil money penalties as 

set forth in the referenced statutory 

sections are as follows: 

(1) 12 U.S.C. 324: 

(i) Inadvertently late, false or 

misleading reports, inter alia—$3,200. 

(ii) Other late, false or misleading 

reports, inter alia—$32,000. 

(iii) Knowingly or recklessly false or 

misleading reports, inter alia— 

$1,425,000. 

(2) 12 U.S.C. 504, 505, 1817(j)(16), 

1818(i)(2) and 1972(2)(F): 

(i) First tier—$7,500. 

(ii) Second tier—$37,500. 

(iii) Third tier—$1,425,000. 

(3) 12 U.S.C. 1820(k)(6)(A)(ii)— 

$275,000. 

(4) 12 U.S.C. 1832(c)—$1,100. 

(5) 12 U.S.C. 1847(b), 3110(a)— 

$37,500. 

(6) 12 U.S.C. 1847(d), 3110(c): 

(i) First tier—$3,200. 

(ii) Second tier—$32,000. 

(iii) Third tier—$1,425,000. 

(7) 12 U.S.C. 334, 374a, 1884—$110. 

(8) 12 U.S.C. 3909(d)—$1,100. 

(9) 15 U.S.C. 78u–2: 

(i) 15 U.S.C. 78u–2(b)(1)—$7,500 for a 

natural person and $70,000 for any 

other person. 

(ii) 15 U.S.C. 78u–2(b)(2)—$70,000 for 

a natural person and $350,000 for any 

other person. 

(iii) 15 U.S.C. 78u–2(b)(3)—$140,000 

for a natural person and $700,000 for 

any other person. 

(10) 42 U.S.C. 4012a(f)(5)—$2,000. 

(11) 12 U.S.C. 1467a(i): 

(i) 12 U.S.C. 1467a(i)(2)—$32,500. 

(ii) 12 U.S.C. 1467a(i)(3)—$32,500. 

(12) 12 U.S.C. 1467a(r): 

(i) 12 U.S.C. 1467a(r)(1)—$3,200. 

(ii) 12 U.S.C. 1467a(r)(2)—$32,500. 

(iii) 12 U.S.C. 1467a(r)(3)— 

$1,425,000. 

By order of the Board of Governors of the 

Federal Reserve System, November 9, 2012. 

Robert deV. Frierson, 

Secretary of the Board. 

[FR Doc. 2012–27857 Filed 11–15–12; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2012–0652; Airspace 

Docket No. 12–ACE–4] 

Amendment of Class E Airspace; 

Anthony, KS 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Anthony, KS. Additional 

controlled airspace is necessary to 

accommodate new Area Navigation 

(RNAV) Standard Instrument Approach 

Procedures at Anthony Municipal 

Airport. The FAA is taking this action 

to enhance the safety and management 

of Instrument Flight Rule (IFR) 

operations at the airport. 

DATES: Effective date: 0901 UTC, 

January 10, 2013. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone 817–321– 

7716. 


emcdonald on DSK7TPTVN1PROD with RULES
68682 Federal Register / Vol. 77, No. 222 / Friday, November 16, 2012 / Rules and Regulations 

SUPPLEMENTARY INFORMATION: 

History 

On August 2, 2012, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Class E airspace for the 

Anthony, KS, area, creating additional 

controlled airspace at Anthony 

Municipal Airport (77 FR 45983) Docket 

No. FAA–2012–0652. Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9W 

dated August 8, 2012, and effective 

September 15, 2012, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) Part 71 by 

amending Class E airspace extending 

upward from 700 feet above the surface 

to accommodate new standard 

instrument approach procedures at 

Anthony Municipal Airport, Anthony, 

KS. This action is necessary for the 

safety and management of IFR 

operations at the airport. 

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. 

The FAA’s authority to issue rules 

regarding aviation safety is found in 

Title 49 of the U.S. Code. Subtitle 1, 

Section 106, describes the authority of 

the FAA Administrator. Subtitle VII, 

Aviation Programs, describes in more 

detail the scope of the agency’s 

authority. 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 airspace necessary to ensure the 

safety of aircraft and the efficient use of 

airspace. This regulation is within the 

scope of that authority as it amends 

controlled airspace at Anthony 

Municipal Airport, Anthony, KS. 

Environmental Review 

The FAA has determined that this 

action qualifies for categorical exclusion 

under the National Environmental 

Policy Act in accordance with FAA 

Order 1050.1E, ‘‘Environmental 

Impacts: Policies and Procedures,’’ 

paragraph 311a. This airspace action is 

not expected to cause any potentially 

significant environmental impacts, and 

no extraordinary circumstances exist 

that warrant preparation of an 

environmental assessment. 

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: 

PART 71—DESIGNATION OF CLASS A, 

B, C, D, AND E AIRSPACE AREAS; AIR 

TRAFFIC SERVICE ROUTES; AND 

REPORTING POINTS 

■ 1. The authority citation for 14 CFR 

part 71 continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40103, 40113, 

40120; E.O. 10854, 24 FR 9565, 3 CFR, 1959– 

1963 Comp., p. 389. 

§ 71.1 [Amended] 

■ 2. The incorporation by reference in 

14 CFR 71.1 of the Federal Aviation 

Administration Order 7400.9W, 

Airspace Designations and Reporting 

Points, dated August 8, 2012, and 

effective September 15, 2012, is 

amended as follows: 

Paragraph 6005 Class E airspace areas 

extending upward from 700 feet or more 

above the surface. 

* * * * * 

ACE KS E5 Anthony, KS [Amended] 

Anthony Municipal Airport, KS 

(Lat. 37°09′31′′ N., long. 98°04′47′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.4-mile 

radius of Anthony Municipal Airport, and 

within 2 miles each side of the 000° bearing 

from the airport extending from the 6.4-mile 

radius to 12 miles north of the airport. 

Issued in Fort Worth, Texas, on October 25, 

2012. 

David P. Medina, 

Manager, Operations Support Group, ATO 

Central Service Center. 

[FR Doc. 2012–27834 Filed 11–15–12; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 71 

[Docket No. FAA–2011–1436; Airspace 

Docket No. 11–ACE–29] 

Amendment of Class E Airspace; 

Guthrie, IA 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule. 

SUMMARY: This action amends Class E 

airspace at Guthrie, IA. 

Decommissioning of the Guthrie Center 

non-directional radio beacon (NDB) at 

Guthrie County Regional Airport has 

made reconfiguration necessary for 

standard instrument approach 

procedures and for the safety and 

management of Instrument Flight Rule 

(IFR) operations at the airport. 

Geographic coordinates of the airport 

are also adjusted. 

DATES: Effective date: 0901 UTC, 

January 10, 2013. The Director of the 

Federal Register approves this 

incorporation by reference action under 

1 CFR part 51, subject to the annual 

revision of FAA Order 7400.9 and 

publication of conforming amendments. 

FOR FURTHER INFORMATION CONTACT: 

Scott Enander, Central Service Center, 

Operations Support Group, Federal 

Aviation Administration, Southwest 

Region, 2601 Meacham Blvd., Fort 

Worth, TX 76137; telephone 817–321– 

7716. 

SUPPLEMENTARY INFORMATION: 

History 

On August 2, 2012, the FAA 

published in the Federal Register a 

notice of proposed rulemaking (NPRM) 

to amend Class E airspace for the 

Guthrie, IA, area, creating additional 

controlled airspace at Guthrie County 

Regional Airport (77 FR 45987) Docket 

No. FAA–2011–1436. Interested parties 

were invited to participate in this 

rulemaking effort by submitting written 

comments on the proposal to the FAA. 

No comments were received. Class E 

airspace designations are published in 

paragraph 6005 of FAA Order 7400.9W 

dated August 8, 2012, and effective 

September 15, 2012, which is 

incorporated by reference in 14 CFR 

71.1. The Class E airspace designations 

listed in this document will be 

published subsequently in the Order. 

The Rule 

This action amends Title 14 Code of 

Federal Regulations (14 CFR) part 71 by 


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