2042 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 

the availability of this material at NARA, call 

(202) 741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Fort Worth, Texas, on January 8, 

2018. 

Lance T. Gant, 

Director, Compliance & Airworthiness 

Division, Aircraft Certification Service. 

[FR Doc. 2018–00478 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2017–0514; Product 

Identifier 2016–NM–206–AD; Amendment 

39–19148; AD 2018–01–07] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Airplanes 

AGENCY: Federal Aviation 

Administration (FAA), Department of 

Transportation (DOT). 

ACTION: Final rule. 

SUMMARY: We are adopting a new 

airworthiness directive (AD) for all 

Airbus Model A300 B4–600, B4–600R, 

and F4–600R series airplanes, and 

Model A300 C4–605R Variant F 

airplanes (collectively called Model 

A300–600 series airplanes) airplanes. 

This AD was prompted by a revision of 

certain airworthiness limitation item 

(ALI) documents, which require more 

restrictive maintenance requirements 

and airworthiness limitations. This AD 

requires revising the maintenance or 

inspection program, as applicable, to 

incorporate new maintenance 

requirements and airworthiness 

limitations. We are issuing this AD to 

address the unsafe condition on these 

products. 

DATES: This AD is effective February 20, 

2018. 

The Director of the Federal Register 

approved the incorporation by reference 

of certain publications listed in this AD 

as of February 20, 2018. 

ADDRESSES: For service information 

identified in this final rule, contact 

Airbus SAS, Airworthiness Office— 

EAW, 1 Rond Point Maurice Bellonte, 

31707 Blagnac Cedex, France; telephone 

+33 5 61 93 36 96; fax +33 5 61 93 44 

51; email account.airworth-eas@

airbus.com; internet http://

www.airbus.com. You may view this 

referenced service information at the 

FAA, Transport Standards Branch, 1601 

Lind Avenue SW, Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

It is also available on the internet at 

http://www.regulations.gov by searching 

for and locating Docket No. FAA–2017– 

0514. 

Examining the AD Docket 

You may examine the AD docket on 

the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

0514; or in person at the Docket 

Management Facility between 9 a.m. 

and 5 p.m., Monday through Friday, 

except Federal holidays. The AD docket 

contains this AD, the regulatory 

evaluation, any comments received, and 

other information. The street address for 

the Docket Office (telephone 800–647– 

5527) is Docket Management Facility, 

U.S. Department of Transportation, 

Docket Operations, M–30, West 

Building Ground Floor, Room W12–140, 

1200 New Jersey Avenue SE, 

Washington, DC 20590. 

FOR FURTHER INFORMATION CONTACT: Dan 

Rodina, Aerospace Engineer, 

International Section, Transport 

Standards Branch, FAA, 1601 Lind 

Avenue SW, Renton, WA 98057–3356; 

telephone 425–227–2125; fax 425–227– 

1149. 

SUPPLEMENTARY INFORMATION: 

Discussion 

We issued a notice of proposed 

rulemaking (NPRM) to amend 14 CFR 

part 39 by adding an AD that would 

apply to all Airbus Model A300 B4–600, 

B4–600R, and F4–600R series airplanes, 

and Model A300 C4–605R Variant F 

airplanes (collectively called Model 

A300–600 series airplanes). The NPRM 

published in the Federal Register on 

June 2, 2017 (82 FR 25552) (‘‘the 

NPRM’’). 

The European Aviation Safety Agency 

(EASA), which is the Technical Agent 

for the Member States of the European 

Union, has issued EASA AD 2016–0218, 

dated November 2, 2016 (referred to 

after this as the Mandatory Continuing 

Airworthiness Information, or ‘‘the 

MCAI’’), to correct an unsafe condition 

for all Airbus Model A300 B4–600, B4– 

600R, and F4–600R series airplanes, and 

Model A300 C4–605R Variant F 

airplanes (collectively called Model 

A300–600 series airplanes). The MCAI 

states: 

The airworthiness limitations for Airbus 

A300–600 aeroplanes, which are approved by 

EASA, are currently defined and published 

in the Airbus A300–600 Airworthiness 

Limitations Section (ALS) document(s). 

These instructions have been identified as 

mandatory actions for continued 

airworthiness. 

Failure to accomplish these instructions 

could result in an unsafe condition. 

EASA previously issued [EASA] AD 2014– 

0124 (later revised) [which includes actions 

for Airbus A300–600 airplanes; those actions 

are included in FAA AD 2013–13–13, 

Amendment 39–17501 (79 FR 48957, August 

19, 2014) (‘‘AD 2013–13–13’’)], requiring the 

actions described in Airbus A300–600 

Airworthiness Limitation Item (ALI) 

Document at issue 13 and Temporary 

Revision (TR) 13.1. 

Since EASA AD 2014–0124R1 was issued, 

Airbus replaced A300–600 ALI Document 

issue 13, with A300–600 ALS Part 2 Revision 

01 and then published the A300–600 ALS 

Part 2 Variation 1.1 and Variation 1.2, to 

introduce more restrictive maintenance 

requirements and/or airworthiness 

limitations. 

A300–600 ALS Part 2 Variation 1.1 also 

includes ALI 571067 and ALI 571068, 

superseding Service Bulletin A300–53–6154, 

which is referenced in EASA AD 2006–0257 

[which corresponds to FAA AD 2007–22–05, 

Amendment 39–15241 (72 FR 60236, October 

24, 2007) (‘‘AD 2007–22–05’’)]. 

For the reasons described above, this 

[EASA] AD retains part of the requirements 

of EASA AD 2014–0124R1, which will be 

superseded, and requires accomplishment of 

the actions specified in Airbus A300–600 

ALS Part 2 Revision 01, and ALS Part 2 

Variation 1.1 and ALS Part 2 Variation 1.2 

(hereafter collectively referred to as ‘the ALS’ 

in this [EASA] AD), and supersedes EASA 

AD 2006–0257. The remaining requirements 

of EASA AD 2014–0124R1 are retained in AD 

2016–0217, applicable to A310 aeroplanes, 

published at the same time as this [EASA] 

AD. 

You may examine the MCAI in the 

AD docket on the internet at http://

www.regulations.gov by searching for 

and locating Docket No. FAA–2017– 

0514. 

Comments 

We gave the public the opportunity to 

participate in developing this AD. The 

following presents the comments 

received on the NPRM and the FAA’s 

response. FedEx generally supported the 

NPRM. 

Request To Provide an Additional 

Compliance Time Grace Period 

United Parcel Service (UPS) requested 

that the compliance time specified in 

paragraph (g) of the NPRM be revised to 

add an additional grace period. UPS 

pointed out that there are several new 

or revised tasks with relatively low 

compliance time thresholds that would 

lead to short lead times on 

accomplishing those tasks after the 

effective date of the AD. UPS referenced 

the compliance time required in AD 


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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2043 

2013–13–13 as an example of the type 

of grace period it envisions, which 

specifies that a compliance time, in 

flight cycles (FC), that is after the 

publication date of the applicable 

service information should be 

considered as after the effective date of 

that AD. UPS suggested that where the 

compliance time in Airbus A300–600 

Airworthiness Limitations Section 

(ALS), Part 2, ‘‘Damage Tolerant 

Airworthiness Limitation Items (DT— 

ALI),’’ Revision 01, dated August 7, 

2015, specifies ‘‘within 2000 FC from 

Jun 11/15,’’ the proposed AD should 

specify that phrase as ‘‘within 2000 FC 

from the effective date of this AD.’’ UPS 

anticipated submitting a request for an 

alternative method of compliance 

(AMOC) if the additional grace period is 

not added. 

We do not agree with the commenter’s 

request to add an additional grace 

period. We have reviewed the 

compliance times specified in the 

service information and have 

determined that the compliance times 

specified and grace periods provided in 

both the service information and in 

paragraph (g) of this AD are sufficient to 

allow compliance. However, under the 

provisions of paragraph (j)(1) of this AD, 

we will also consider requests for 

approval of an extension of the 

compliance time if sufficient data are 

submitted to substantiate that the new 

compliance time would provide an 

acceptable level of safety. We have not 

changed the AD in this regard. 

Request To Allow AMOCs Previously 

Approved for AD 2013–13–13 

FedEx requested that AMOCs for AD 

2013–13–13 be applicable to this AD. 

No further justification was provided. 

We agree to allow AMOCs that were 

previously approved for AD 2013–13–13 

as AMOCs for this AD. We have revised 

paragraph (j)(1) of this AD and added 

paragraphs (j)(1)(i) and (j)(1)(ii) to this 

AD to add that provision. 

Request To Revise Cost Estimate 

FedEx requested that the cost 

information be revised to include the 

costs of additional actions such as AD 

tracking and planning, changing work 

cards and the maintenance program, 

getting local FAA approvals, and aircraft 

down time. FedEx proposed that the 

cost for U.S. operators would exceed 

$500,000. 

We agree to revise the cost 

information. Based on the information 

provided by FedEx, we have revised the 

estimated work-hours from 1 work-hour 

to 90 work-hours. We recognize that 

revising the maintenance or inspection 

program to incorporate changes in 

multiple tasks or a new revision level of 

a section of an ALS document would 

take more time than a change in a single 

task. The cost analysis in AD 

rulemaking actions, however, typically 

does not include incidental costs such 

as the time necessary for planning or 

time necessitated by other 

administrative actions. Those incidental 

costs, which might vary significantly 

among operators, are almost impossible 

to calculate. 

Conclusion 

We reviewed the relevant data, 

considered the comment received, and 

determined that air safety and the 

public interest require adopting this AD 

with the changes described previously 

and minor editorial changes. We have 

determined that these minor changes: 

• Are consistent with the intent that 

was proposed in the NPRM for 

correcting the unsafe condition; and 

• Do not add any additional burden 

upon the public than was already 

proposed in the NPRM. 

We also determined that these 

changes will not increase the economic 

burden on any operator or increase the 

scope of this AD. 

Related Service Information Under 1 

CFR Part 51 

We reviewed the following service 

information: 

• Airbus A300–600 Airworthiness 

Limitations Section (ALS), Part 2, 

‘‘Damage Tolerant Airworthiness 

Limitation Items (DT—ALI),’’ Revision 

01, dated August 7, 2015. 

• Airbus A300–600 Airworthiness 

Limitations Section (ALS), Part 2, 

‘‘Damage Tolerant Airworthiness 

Limitation Items (DT—ALI),’’ Variation 

1.1, dated January 25, 2016. 

• Airbus A300–600 Airworthiness 

Limitations Section (ALS), Part 2, 

‘‘Damage Tolerant Airworthiness 

Limitation Items (DT—ALI),’’ Variation 

1.2, dated July 22, 2016. 

The service information describes 

airworthiness limitations applicable to 

the DT ALIs. These documents are 

distinct because they contain unique 

tasks. This service information is 

reasonably available because the 

interested parties have access to it 

through their normal course of business 

or by the means identified in the 

ADDRESSES section. 

Costs of Compliance 

We estimate that this AD affects 128 

airplanes of U.S. registry. 

We estimate the following costs to 

comply with this AD: 

ESTIMATED COSTS

Action Labor cost Parts cost Cost per 

product 

Cost on 

U.S. operators 

Maintenance program revision ................... 90 work-hours × $85 per hour = $7,650 .. None ........................ $7,650 $979,200 

Authority for This Rulemaking 

Title 49 of the United States Code 

specifies the FAA’s authority to issue 

rules on aviation safety. Subtitle I, 

section 106, describes the authority of 

the FAA Administrator. ‘‘Subtitle VII: 

Aviation Programs,’’ describes in more 

detail the scope of the Agency’s 

authority. 

We are issuing this rulemaking under 

the authority described in ‘‘Subtitle VII, 

Part A, Subpart III, Section 44701: 

General requirements.’’ Under that 

section, Congress charges the FAA with 

promoting safe flight of civil aircraft in 

air commerce by prescribing regulations 

for practices, methods, and procedures 

the Administrator finds necessary for 

safety in air commerce. This regulation 

is within the scope of that authority 

because it addresses an unsafe condition 

that is likely to exist or develop on 

products identified in this rulemaking 

action. 

This AD is issued in accordance with 

authority delegated by the Executive 

Director, Aircraft Certification Service, 

as authorized by FAA Order 8000.51C. 

In accordance with that order, issuance 

of ADs is normally a function of the 

Compliance and Airworthiness 

Division, but during this transition 

period, the Executive Director has 

delegated the authority to issue ADs 

applicable to transport category 

airplanes to the Director of the System 

Oversight Division. 

Regulatory Findings 

We determined that this AD will not 

have federalism implications under 


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2044 Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 

Executive Order 13132. This AD will 

not have a substantial direct effect on 

the States, on the relationship between 

the national government and the States, 

or on the distribution of power and 

responsibilities among the various 

levels of government. 

For the reasons discussed above, I 

certify that this AD: 

1. Is not a ‘‘significant regulatory 

action’’ under Executive Order 12866; 

2. Is not a ‘‘significant rule’’ under the 

DOT Regulatory Policies and Procedures 

(44 FR 11034, February 26, 1979); 

3. Will not affect intrastate aviation in 

Alaska; and 

4. Will not have a significant 

economic impact, positive or negative, 

on a substantial number of small entities 

under the criteria of the Regulatory 

Flexibility Act. 

List of Subjects in 14 CFR Part 39 

Air transportation, Aircraft, Aviation 

safety, Incorporation by reference, 

Safety. 

Adoption of the Amendment 

Accordingly, under the authority 

delegated to me by the Administrator, 

the FAA amends 14 CFR part 39 as 

follows: 

PART 39—AIRWORTHINESS 

DIRECTIVES 

■ 1. The authority citation for part 39 

continues to read as follows: 

Authority: 49 U.S.C. 106(g), 40113, 44701. 

§ 39.13 [Amended] 

■ 2. The FAA amends § 39.13 by adding 

the following new airworthiness 

directive (AD): 

2018–01–07 Airbus: Amendment 39–19148; 

Docket No. FAA–2017–0514; Product 

Identifier 2016–NM–206–AD. 

(a) Effective Date 

This AD is effective February 20, 2018. 

(b) Affected ADs 

This AD affects AD 2007–22–05, 

Amendment 39–15241 (72 FR 60236, October 

24, 2007) (‘‘AD 2007–22–05’’) and AD 2013– 

13–13, Amendment 39–17501 (79 FR 48957, 

August 19, 2014) (‘‘AD 2013–13–13’’). 

(c) Applicability 

This AD applies to all Airbus Model A300 

B4–601, B4–603, B4–620, B4–622, B4–605R, 

B4–622R, F4–605R, F4–622R, and C4–605R 

Variant F airplanes, certificated in any 

category, all manufacturer serial numbers. 

(d) Subject 

Air Transport Association (ATA) of 

America Code 05, Time limits/maintenance 

checks. 

(e) Reason 

This AD was prompted by a revision of 

certain airworthiness limitation item (ALI) 

documents, which require more restrictive 

maintenance requirements and airworthiness 

limitations. We are issuing this AD to prevent 

fatigue cracking, damage, or corrosion in 

principal structural elements, which could 

result in reduced structural integrity of the 

airplane. 

(f) Compliance 

Comply with this AD within the 

compliance times specified, unless already 

done. 

(g) Revision of Maintenance or Inspection 

Program 

Within 3 months after the effective date of 

this AD, revise the maintenance or inspection 

program, as applicable, to incorporate the 

information specified in the service 

information identified in paragraphs (g)(1), 

(g)(2), and (g)(3) of this AD. The initial 

compliance times for doing the tasks are at 

the time specified in the service information 

identified in paragraphs (g)(1), (g)(2), and 

(g)(3) of this AD, or within 3 months after the 

effective date of this AD, whichever occurs 

later. 

(1) Airbus A300–600 Airworthiness 

Limitations Section (ALS), Part 2, ‘‘Damage 

Tolerant Airworthiness Limitation Items 

(DT—ALI),’’ Revision 01, dated August 7, 

2015. 

(2) Airbus A300–600 Airworthiness 

Limitations Section (ALS), Part 2, ‘‘Damage 

Tolerant Airworthiness Limitation Items 

(DT—ALI),’’ Variation 1.1, dated January 25, 

2016. 

(3) Airbus A300–600 Airworthiness 

Limitations Section (ALS), Part 2, ‘‘Damage 

Tolerant Airworthiness Limitation Items 

(DT—ALI),’’ Variation 1.2, dated July 22, 

2016. 

(h) No Alternative Actions or Intervals 

After the maintenance or inspection 

program has been revised as required by 

paragraph (g) of this AD, no alternative 

actions (e.g., inspections), or intervals, may 

be used unless the actions, or intervals, are 

approved as an alternative method of 

compliance (AMOC) in accordance with the 

procedures specified in paragraph (j)(1) of 

this AD. 

(i) Terminating Actions 

Accomplishing the actions required by this 

AD terminates all of the requirements of AD 

2007–22–05 and AD 2013–13–13 for that 

airplane only. 

(j) Other FAA AD Provisions 

The following provisions also apply to this 

AD: 

(1) Alternative Methods of Compliance 

(AMOCs): The Manager, International 

Section, Transport Standards Branch, FAA, 

has the authority to approve AMOCs for this 

AD, if requested using the procedures found 

in 14 CFR 39.19. In accordance with 14 CFR 

39.19, send your request to your principal 

inspector or local Flight Standards District 

Office, as appropriate. If sending information 

directly to the International Section, send it 

to the attention of the person identified in 

paragraph (l)(2) of this AD. Information may 

be emailed to: 9-ANM-116-AMOCREQUESTS@faa.gov. 

(i) Before using any approved AMOC, 

notify your appropriate principal inspector, 

or lacking a principal inspector, the manager 

of the local flight standards district office/ 

certificate holding district office. 

(ii) AMOCs approved previously for AD 

2013–13–13 are approved as AMOCs for the 

corresponding provisions of this AD. 

(2) Contacting the Manufacturer: For any 

requirement in this AD to obtain corrective 

actions from a manufacturer, the action must 

be accomplished using a method approved 

by the Manager, International Section, 

Transport Standards Branch, FAA; or the 

European Aviation Safety Agency (EASA); or 

Airbus’s EASA Design Organization 

Approval (DOA). If approved by the DOA, 

the approval must include the DOAauthorized signature. 

(k) Related Information 

(1) Refer to Mandatory Continuing 

Airworthiness Information (MCAI) EASA 

Airworthiness Directive 2016–0218, dated 

November 2, 2016, for related information. 

This MCAI may be found in the AD docket 

on the internet at http://www.regulations.gov 

by searching for and locating Docket No. 

FAA–2017–0514. 

(2) For more information about this AD, 

contact Dan Rodina, Aerospace Engineer, 

International Section, Transport Standards 

Branch, FAA, 1601 Lind Avenue SW, 

Renton, WA 98057–3356; telephone 425– 

227–2125; fax 425–227–1149. 

(l) Material Incorporated by Reference 

(1) The Director of the Federal Register 

approved the incorporation by reference 

(IBR) of the service information listed in this 

paragraph under 5 U.S.C. 552(a) and 1 CFR 

part 51. 

(2) You must use this service information 

as applicable to do the actions required by 

this AD, unless this AD specifies otherwise. 

(i) Airbus A300–600 Airworthiness 

Limitations Section (ALS), Part 2, ‘‘Damage 

Tolerant Airworthiness Limitation Items 

(DT—ALI),’’ Revision 01, dated August 7, 

2015. 

(ii) Airbus A300–600 Airworthiness 

Limitations Section (ALS), Part 2, ‘‘Damage 

Tolerant Airworthiness Limitation Items 

(DT—ALI),’’ Variation 1.1, dated January 25, 

2016. 

(iii) Airbus A300–600 Airworthiness 

Limitations Section (ALS), Part 2, ‘‘Damage 

Tolerant Airworthiness Limitation Items 

(DT—ALI),’’ Variation 1.2, dated July 22, 

2016. 

(3) For service information identified in 

this AD, contact Airbus SAS, Airworthiness 

Office—EAW, 1 Rond Point Maurice 

Bellonte, 31707 Blagnac Cedex, France; 

telephone +33 5 61 93 36 96; fax +33 5 61 

93 44 51; email account.airworth-eas@

airbus.com; internet http://www.airbus.com. 

(4) You may view this service information 

at the FAA, Transport Standards Branch, 

1601 Lind Avenue SW, Renton, WA. For 

information on the availability of this 

material at the FAA, call 425–227–1221. 

(5) You may view this service information 

that is incorporated by reference at the 

National Archives and Records 

Administration (NARA). For information on 


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Federal Register / Vol. 83, No. 10 / Tuesday, January 16, 2018 / Rules and Regulations 2045 

1See 28 U.S.C. 2461 note. 2The statute also provides that, for the initial 

2016 adjustment, an agency may adjust a civil 

penalty by less than the otherwise required amount 

if (1) it determines, after publishing a notice of 

proposed rulemaking and providing an opportunity 

for comment, that increasing the civil penalty by 

the otherwise required amount would have a 

negative economic impact or that the social costs 

of increasing the civil penalty by the otherwise 

required amount outweigh the benefits, and (2) the 

Director of the Office of Management and Budget 

concurs with that determination. Inflation 

Adjustment Act section 4(c), codified at 28 UUSC 

2461 note. NASA has chosen not to make use of this 

exception. 3 Inflation Adjustment Act section 6, codified at 

28 U.S.C. 2461 note. 

4 82 FR 28760. 

5 82 FR 48760. 

6Public Law 101–410, 104 Stat. 890 (1990). 

7Public Law 104–134, section 31001(s)(1), 110 

Stat. 1321, 1321–373 (1996). 

8Public Law 114–74, section 701, 129 Stat. 584, 

599 (2015). 

the availability of this material at NARA, call 

202–741–6030, or go to: http://

www.archives.gov/federal-register/cfr/ibrlocations.html. 

Issued in Renton, Washington, on 

December 27, 2017. 

John P. Piccola, Jr., 

Acting Director, System Oversight Division, 

Aircraft Certification Service. 

[FR Doc. 2018–00110 Filed 1–12–18; 8:45 am] 

BILLING CODE 4910–13–P 

NATIONAL AERONAUTICS AND 

SPACE ADMINISTRATION 

14 CFR Parts 1264 and 1271 

[Document Number NASA–17–094: Docket 

Number–NASA–2017–0004] 

RIN 2700–AE30 

Implementation of the Federal Civil 

Penalties Inflation Adjustment Act and 

Adjustment of Amounts for 2018 

AGENCY: National Aeronautics and 

Space Administration. 

ACTION: Final rule. 

SUMMARY: The National Aeronautics and 

Space Administration (NASA) has 

adopted a final rule making inflation 

adjustments to civil monetary penalties 

within its jurisdiction. This final rule 

represents the annual 2018 inflation 

adjustments of monetary penalties. 

These adjustments are required by the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015. 

DATES: Effective: This final rule is 

effective January 15, 2018. 

FOR FURTHER INFORMATION CONTACT: 

Bryan R. Diederich, Office of the 

General Counsel, NASA Headquarters, 

telephone (202) 358–0216. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Inflation Adjustment Act, as 

amended by the 2015 Act, required 

Federal agencies to adjust the civil 

penalty amounts within their 

jurisdiction for inflation by July 1, 2016. 

Subsequent to the 2016 adjustment, 

Federal agencies were required to make 

an annual inflation adjustment by 

January 15 every year thereafter.1

Agencies were required to make the 

initial 2016 adjustments through an 

interim final rulemaking published in 

the Federal Register.2 Under the 

amended Act, any increase in a civil 

penalty made under the Act will apply 

to penalties assessed after the increase 

takes effect, including penalties whose 

associated violation predated the 

increase.3 The inflation adjustments 

mandated by the Act serve to maintain 

the deterrent effect of civil penalties and 

to promote compliance with the law. 

On June 26, 2017, NASA published its 

interim final rule providing for the 

initial adjustment called for under the 

Act.4 The public comment period 

interim final rule closed on August 24, 

2016, and the rule became effective on 

August 25, 2017. On October 20, 2017, 

NASA adopted this interim rule as 

final.5 In its final rule, NASA also 

amended the interim rule to incorporate 

the required annual adjustments for 

2017. 

Pursuant to the Act, adjustments to 

the civil penalties are required to be 

made by January 15 of each year. The 

annual adjustments are based on the 

percent change between the U.S. 

Department of Labor’s Consumer Price 

Index for All Urban Consumers (‘‘CPI– 

U’’) for the month of October preceding 

the date of the adjustment, and the CPI– 

U for October of the prior year (28 

U.S.C. 2461 note, section (5)(b)(1)). 

Based on that formula, the cost-of-living 

adjustment multiplier for 2018 is 

1.02041 percent. Pursuant to the 2015 

Act, adjustments are rounded to the 

nearest dollar. 

II. The Final Rule 

This final rule makes the required 

adjustments to civil penalties for 2018. 

Applying the 2018 multiplier above, the 

adjustments for each penalty are 

summarized below. 

Law Penalty description 2017 penalty 

Penalty 

adjusted 

for 2018 

Program Fraud Civil Remedies Act of 1986 ................ Maximum Penalties for False Claims ........................... $10,957 $11,181 

Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 

319.

Minimum Penalty for use of appropriated funds to 

lobby or influence certain contracts.

19,246 19,639 

Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 

319.

Maximum Penalty for use of appropriated funds to 

lobby or influence certain contracts.

192,459 196,387 

Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 

319.

Minimum penalty for failure to report certain lobbying 

transactions.

19,246 19,639 

Department of the Interior and Related Agencies Appropriations Act of 1989, Public Law 101–121, sec. 

319.

Maximum penalty for failure to report certain lobbying 

transactions.

192,459 196,387 

This rule codifies these civil penalty 

amounts by amending parts 1264 and 

1271 of title 14 of the CFR. 

III. Legal Authority and Effective Date 

NASA issues this rule under the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990,6 as amended 

by the Debt Collection Improvement Act 

of 1996,7 and further amended by the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015,8 which requires NASA to adjust 

the civil penalties within its jurisdiction 


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