70274 Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / Rules and Regulations 

1See Ruddy v. FCCB, 1981 WL 21010 at *5 n.18 

(CFTC Mar. 31, 1981) (‘‘regarding the award of 

prejudgment interest[,] [w]here such awards are 

clearly compensatory and * * * involve the breach 

of a fiduciary duty, prejudgment interest, while a 

matter of discretion, should hereafter been the rule, 

rather than the exception’’). 

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 United States 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 1, Section 

40103, Sovereignty and use of airspace. 

Under that section, the FAA is charged 

with prescribing regulations to ensure 

the safe and efficient use of the 

navigable airspace. This regulation is 

within the scope of that authority 

because it creates Class E airspace 

sufficient in size to contain aircraft 

executing instrument procedures for the 

Badami Airport and represents the 

FAA’s continuing effort to safely and 

efficiently use the navigable airspace. 

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, 

CLASS B, CLASS C, CLASS D, AND 

CLASS E AIRSPACE AREAS; 

AIRWAYS; 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 Federal Aviation 

Administration Order 7400.9S, Airspace 

Designations and Reporting Points, 

signed October 3, 2008, and effective 

October 31, 2008, is amended as 

follows: 

Paragraph 6005 Class E Airspace Extending 

Upward From 700 Feet or More Above the 

Surface of the Earth. 

* * * * * 

AAL AK E5 Badami, AK [Revised] 

Badami, Badami Airport, AK 

(Lat. 70°08′15′′ N., long. 147°01′49′′ W.) 

That airspace extending upward from 700 

feet above the surface within a 6.5-mile 

radius of the Badami Airport, AK; and that 

airspace extending upward from 1,200 feet 

above the surface within a 73-mile radius of 

the Badami Airport, AK. 

* * * * * 

Issued in Anchorage, AK, on November 7, 

2008. 

Anthony M. Wylie, 

Manager, Alaska Flight Services Information 

Area Group. 

[FR Doc. E8–27535 Filed 11–19–08; 8:45 am] 

BILLING CODE 4910–13–P 

COMMODITY FUTURES TRADING 

COMMISSION 

17 CFR Part 12 

RIN 3038–AC59 

Rules Relating to Reparation 

Proceedings 

AGENCY: Commodity Futures Trading 

Commission. 

ACTION: Final rule. 

SUMMARY: The Commodity Futures 

Trading Commission (‘‘Commission’’ or 

‘‘CFTC’’) is amending its regulations to 

clarify that post-judgment interest shall 

run on reparation awards in voluntary 

decisional proceedings and to provide 

that in all reparation proceedings 

resulting in a judgment for complainant 

post-judgment interest shall run 

whether or not expressly awarded. 

DATES: December 22, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Laura Richards, Office of General 

Counsel, U.S. Commodity Futures 

Trading Commission, Three Lafayette 

Centre, 1155 21st Street, NW., 

Washington, DC 20581. Telephone: 

(202) 418–5126. E-mail: 

lrichards@cftc.gov. 

SUPPLEMENTARY INFORMATION: 

I. Background Information 

Currently, 17 CFR part 12 provides 

the following guidance regarding the 

award of interest to the prevailing party 

in reparation proceedings. Prejudgment 

interest ‘‘may’’ be awarded in summary 

decisional proceedings as part of a 

reparation order under Rule 12.210(c), 

and in formal decisional proceedings 

under Rule 12.314(c), ‘‘if warranted as a 

matter of law under the circumstances 

of a particular case.’’ 1 Judgment Officers 

and Administrative Law Judges 

routinely have awarded prejudgment 

interest. Prejudgment interest is 

prohibited, however, in voluntary 

decisional proceedings under Rule 

12.106(c). 

Rule 12.407(d), which governs postjudgment interest, applies to all forms of 

reparation proceedings. It provides that 

interest shall run on an unpaid 

reparation award ‘‘at the prevailing rate 

computed in accordance with 28 U.S.C. 

1961 from the date directed in the final 

order to the date of payment, 

compounded annually.’’ See Section 

14(f) of the Commodity Exchange Act, 7 

U.S.C. 18(f) (statutory authority for Rule 

12.407(d)). 

To clarify existing authority, and to 

further just and equitable decision 

proceedings, the Commission hereby 

amends Rule 12.106(c) to state that postjudgment interest shall run on awards in 

voluntary proceedings. The Commission 

believes such a clarifying rule is 

appropriate to make clear that the Act 

intends to compensate a prevailing 

party for the loss of use of the party’s 

money when a reparation judgment is 

not satisfied within the mandated 

deadline (for voluntary proceedings, 

within 45 days after service of the final 

decision, see Rule 12.106(e)). 

Amended Rule 12.407(d) provides 

that if an initial decision inadvertently 

omits an award of post-judgment 

interest such interest shall run at the 

applicable rate from the date that 

satisfaction of the reparation judgment 

is due. 

In furtherance of the Commission’s 

efforts to fully inform parties and the 

public of practices regarding interest on 

reparation judgments, the Commission 

also is amending Form 30 (which is not 

included in the Code of Federal 

Regulations) to include details of which 

types of interest may be awarded in 

voluntary, summary and formal 

decisional proceedings. 

II. Related Matters 

A. No Notice Required Under 5 U.S.C. 

553 

The Commission has determined that 

these amendments are exempt from the 

provisions of the Administrative 

Procedure Act, 5 U.S.C. 553, which 

generally requires notice of proposed 

rulemaking and provides other 

opportunities for public participation. 

According to the exemptive language of 

5 U.S.C. 553, these amendments pertain 

to ‘‘rules of agency organization, 

procedure or practice,’’ as to which 

there exists agency discretion not to 

provide notice. In addition, notice and 

public comment are unnecessary in this 

case because the amendments are selfexplanatory. If made effective 

immediately, they will promote 


rwilkins on PROD1PC63 with RULES
Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / Rules and Regulations 70275 

efficiency and facilitate the 

Commission’s core mission without 

imposing a new burden. For the above 

reasons, the notice requirements under 

5 U.S.C. 553 are inapplicable. 

B. Regulatory Flexibility Act 

The Regulatory Flexibility Act 

(‘‘RFA’’), 5 U.S.C. 601 et seq., requires 

agencies with rulemaking authority to 

consider the impact those rules will 

have on small businesses. With respect 

to persons involved in reparation 

proceedings, the amendments impose 

no additional burden and in fact 

provide greater certainty and increased 

predictability concerning awards of 

post-judgment interest. Thus, the Acting 

Chairman, on behalf of the Commission, 

hereby certifies, pursuant to 5 U.S.C. 

605(b), that the amendments will not 

have a significant economic impact on 

a substantial number of small 

businesses. 

C. Paperwork Reduction Act 

The amendments to Part 12 do not 

impose a burden within the meaning 

and intent of the Paperwork Reduction 

Act of 1980, 44 U.S.C. 3501 et seq. 

D. Cost-Benefit Analysis 

Section 15(a) of the Act, 7 U.S.C. 

19(a), requires the Commission to 

consider the costs and benefits of its 

action before issuing a new regulation. 

The Commission understands that, by 

its terms, Section 15(a) does not require 

the Commission to quantify the costs 

and benefits of a new regulation or to 

determine whether the benefits of the 

regulation outweigh its costs. Nor does 

it require that each rule be analyzed in 

isolation when that rule is a component 

of a larger package of rules or rule 

revisions. Rather, Section 15(a) simply 

requires the Commission to ‘‘consider 

the costs and benefits’’ of its action. 

Section 15(a) further specifies that 

costs and benefits shall be evaluated in 

light of five broad areas of market and 

public concern: (1) Protection of market 

participants and the public; (2) 

efficiency, competitiveness and 

financial integrity of futures markets; (3) 

price discovery; (4) sound risk 

management practices; and (5) other 

public interest considerations. 

Accordingly, the Commission can, in its 

discretion, give greater weight to any 

one of the five enumerated areas of 

concern and can, in its discretion, 

determine that notwithstanding its 

costs, a particular rule is necessary or 

appropriate to protect the public interest 

or to effectuate any of the provisions, or 

accomplish any of the purposes, of the 

Commodity Exchange Act. 

The amendments to Parts 12 will not 

create any significant change in the 

Commission’s reparation proceedings. 

The amendments will enhance the 

protection of market participants and 

the public by taking uncertainty out of 

the awarding of post-judgment interest 

in certain instances and helping to 

ensure that reparation awards are 

satisfied in a timely manner. The costbenefit factors are not influenced by the 

amendments, which simply articulate 

and clarify applicable law and 

precedent in reparation proceedings. 

List of Subjects in 17 CFR Part 12 

Administrative practice and 

procedure, Commodity exchange, 

Commodity futures, Reparations. 

■ After considering these factors, the 

Commission has determined to amend 

Part 12 as set forth below: 

PART 12—RULES PERTAINING TO 

REPARATION PROCEEDINGS 

■ 1. The authority citation for part 12 

continues read as follows: 

Authority: 7 U.S.C. 2a(12), 12a(5) and 18. 

■ 2. In § 12.106, revise paragraph (c) to 

read as follows: 

§ 12.106 Final decision and order. 

* * * * * 

(c) No assessment of prejudgment 

interest or costs; assessment of postjudgment interest. A party found liable 

for damages in a voluntary decisional 

proceeding shall not be assessed 

prejudgment interest, attorney’s fees, or 

costs (other than the filing fee and costs 

assessed as a sanction for abuse of 

discovery). Post-judgment interest shall 

be awarded at a rate determined in 

accordance with 28 U.S.C. 1961(a). 

* * * * * 

■ 3. In § 12.407, revise paragraph (d) to 

read as follows: 

§ 12.407 Satisfaction of reparation award; 

enforcement; sanctions. 

* * * * * 

(d) Reinstatement. The sanctions 

imposed in accordance with paragraph 

(c) of this section shall remain in effect 

until the person required to pay the 

reparation award demonstrates to the 

satisfaction of the Commission that he 

has paid the amount required in full 

including prejudgment interest if 

awarded and post-judgment interest at 

the prevailing rate computed in 

accordance with 28 U.S.C. 1961 from 

the date directed in the final order to the 

date of payment, compounded annually. 

In the event an award of post-judgment 

interest is inadvertently omitted, such 

interest nevertheless shall run as 

calculated in accordance with 28 U.S.C. 

1961 and the Part 12 Rules. 

* * * * * 

Note: The following text will not appear in 

the Code of Federal Regulations. 

Reparations Complaint Form (Form 30) 

Portions of the Commission’s 

Reparations Complaint Form, available 

on the Commission’s Web site at 

http://www.cftc.gov, are revised to read 

as follows: 

* * * * * 

ll$50 Voluntary Decisional 

Procedure. This procedure enables you, 

if the respondents agree, to present your 

case in written form before a CFTC 

judgment officer. A final decision will 

be issued without explanation of the 

reasons. By electing the voluntary 

procedure, you will waive your right to 

appeal as well as prejudgment interest 

and costs. You do not waive your right 

to post-judgment interest in the event 

that reparation awards, if any, are not 

satisfied within the timeframe provided 

in the final decision. In the event an 

award of post-judgment interest is 

inadvertently omitted, such interest 

nevertheless shall run according to the 

term of 28 U.S.C. 1961 and the Part 12 

Rules. 

ll$125 Summary Decisional 

Procedure. If your claim is $30,000 or 

less, it can be heard by a CFTC 

Judgment Officer. You may present your 

case in written form, and if deemed 

necessary by the judgment officer, 

orally, in Washington, or by telephone 

under this procedure. The judgment 

officer will issue brief statements of 

factual findings and conclusions based 

on law, and may order a reparation 

award including prejudgment interest 

pursuant to Rule 12.210(c) and postjudgment interest. The judgment 

officer’s decision is appealable first to 

the Commission and from there to a U.S. 

Court of appeals. In the event an award 

of post-judgment interest is 

inadvertently omitted, such interest 

nevertheless shall run according to the 

terms of 28 U.S.C. 1961 and the Part 12 

Rules. 

ll$250 Formal Decisional 

Procedure. If your claim is over $30,000, 

it can be assigned to an Administrative 

Law Judge (ALJ) for a formal hearing. 

You may present your case in written 

form. If oral testimony is deemed 

necessary by the ALJ, you may be 

required to travel up to 300 miles to 

attend the hearing. The ALJ will issue 

findings of fact and conclusions of law, 

and may order a reparation award 

including prejudgment interest pursuant 

to Rule 12.314(c) and post-judgment 

interest. The Administrative Law 


rwilkins on PROD1PC63 with RULES
70276 Federal Register / Vol. 73, No. 225 / Thursday, November 20, 2008 / Rules and Regulations 

Judge’s decision is appealable first to 

the Commission and from there to a U.S. 

Court of appeals. In the event an award 

of post-judgment interest is 

inadvertently omitted, such interest 

nevertheless shall run according to the 

terms of 28 U.S.C. 1961 and the Part 12 

Rules. 

* * * * * 

Issued in Washington, DC, on October 20, 

2008 by the Commission. 

David A. Stawick, 

Secretary of the Commission. 

[FR Doc. E8–27177 Filed 11–19–08; 8:45 am] 

BILLING CODE 6351–01–P 

DEPARTMENT OF HEALTH AND 

HUMAN SERVICES 

Food and Drug Administration 

21 CFR Part 520 

[Docket No. FDA–2008–N–0039] 

Oral Dosage Form New Animal Drugs; 

Amprolium; Correction 

AGENCY: Food and Drug Administration, 

HHS. 

ACTION: Correcting amendments. 

SUMMARY: The Food and Drug 

Administration (FDA) is correcting a 

document amending the animal drug 

regulations to reflect approval of a 

supplemental new animal drug 

application (NADA) that appeared in 

the Federal Register of August 6, 2008 

(73 FR 45610). FDA is correcting a 

paragraph designating the sponsors of 

approved applications for oral dosage 

forms of amprolium. This correction is 

being made to improve the accuracy of 

the animal drug regulations. 

DATES: This rule is effective November 

20, 2008. 

FOR FURTHER INFORMATION CONTACT: 

George K. Haibel, Center for Veterinary 

Medicine (HFV–6), Food and Drug 

Administration, 7519 Standish Pl., 

Rockville, MD 20855, 240–276–9019, email: george.haibel@fda.hhs.gov. 

SUPPLEMENTARY INFORMATION: For 

reasons set forth in this preamble, FDA 

is correcting 21 CFR part 520 as follows: 

List of Subjects in 21 CFR Part 520 

Animal drugs. 

■ Therefore, under the Federal Food, 

Drug, and Cosmetic Act and under the 

authority delegated to the Commissioner 

of Food and Drugs and redelegated to 

the Center for Veterinary Medicine, 21 

CFR part 520 is corrected by making the 

following amendment: 

PART 520—ORAL DOSAGE FORM 

NEW ANIMAL DRUGS 

■ 1. The authority citation for 21 CFR 

part 520 continues to read as follows: 

Authority: 21 U.S.C. 360b. 

§ 520.100 [Corrected] 

■ 2. In § 520.100(b)(2), remove ‘‘Nos. 

051311 and 066104’’ and add in its 

place ‘‘No. 66104’’. 

Dated: October 17, 2008. 

Bernadette Dunham, 

Director, Center for Veterinary Medicine. 

[FR Doc. E8–27646 Filed 11–19–08; 8:45 am] 

BILLING CODE 4160–01–S 

DEPARTMENT OF JUSTICE 

28 CFR Part 14 

Administrative Claims Under the 

Federal Tort Claims Act; Delegation of 

Authority 

AGENCY: Department of Justice. 

ACTION: Final rule. 

SUMMARY: This Directive delegates 

authority to the Postmaster General to 

settle administrative tort claims 

presented pursuant to the Federal Tort 

Claims Act where the amount of the 

settlement does not exceed $300,000. 

This Directive implements the 

Administrative Dispute Resolution Act. 

This Directive will alert the general 

public to the new authority and is being 

published in the Code of Federal 

Regulations to provide a permanent 

record of this delegation. 

DATES: Effective Date: November 20, 

2008. 

FOR FURTHER INFORMATION CONTACT: 

Phyllis J. Pyles, Director, Torts Branch, 

Civil Division, U.S. Department of 

Justice, P.O. Box 888, Washington, DC 

20044, (202) 616–4400. 

SUPPLEMENTARY INFORMATION: This 

Directive has been issued to delegate 

settlement authority and is a matter 

solely related to the division of 

responsibility between the Department 

of Justice and the United States Postal 

Service. As such, this rule is a rule of 

agency organization, procedure, and 

practice that is limited to matters of 

agency management and personnel. 

Accordingly: (1) This rule is exempt 

from the notice requirement of 5 U.S.C. 

553(b) and is made effective upon 

issuance; (2) the Department certifies 

under 5 U.S.C. 605(b) that this rule will 

not have a significant economic impact 

on a substantial number of small entities 

and further that no Regulatory 

Flexibility Analysis was required to be 

prepared for this final rule since the 

Department was not required to publish 

a general notice of proposed 

rulemaking; (3) this action is not a 

‘‘regulation’’ or ‘‘rule’’ as defined by 

Executive Order 12866, ‘‘Regulatory 

Planning and Review,’’ § 3(d)(3) and, 

therefore, this action has not been 

reviewed by the Office of Management 

and Budget. 

This rule will not have substantial 

direct effects on the States, on the 

relationship between the national 

government and the States, or on 

distribution of power and 

responsibilities among the various 

levels of government. Therefore, in 

accordance with Executive Order 13132, 

‘‘Federalism,’’ it is determined that this 

rule does not have sufficient federalism 

implications to warrant the preparation 

of a Federalism Assessment. This 

regulation meets the applicable 

standards set forth in sections 3(a) and 

3(b)(2) of Executive Order 12988, ‘‘Civil 

Justice Reform.’’ This rule will not 

result in the expenditure by state, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100,000,000 

or more in any one year, and it will not 

significantly or uniquely affect small 

governments. Therefore, no actions were 

deemed necessary under the provisions 

of the Unfunded Mandates Reform Act 

of 1995. 

Finally, this action pertains to agency 

management, personnel, and 

organization and does not substantially 

affect the rights or obligations of nonagency parties and, accordingly, is not 

a ‘‘rule’’ as that term is used by the 

Congressional Review Act (Subtitle E of 

the Small Business Regulatory 

Enforcement Fairness Act of 1996). 

Therefore, the reporting requirement of 

5 U.S.C. 801 does not apply. 

List of Subjects in 28 CFR Part 14 

Authority delegations (government 

agencies), Claims. 

■ By virtue of the authority vested in me 

by part 0 of title 28 of the Code of 

Federal Regulations, including §§ 0.45, 

0.160, 0.162, 0.164, and 0.168, 28 CFR 

part 14 is amended as follows: 

PART 14—ADMINISTRATIVE CLAIMS 

UNDER FEDERAL TORT CLAIMS ACT 

■ 1. The authority citation for part 14 is 

revised to read as follows: 

Authority: 5 U.S.C. 301; 28 U.S.C. 509, 

510, and 2672. 

■ 2. The appendix to part 14 is amended 

by revising the heading and text for the 

‘‘Delegation of Authority to the 

Postmaster General’’ to read as follows: 


rwilkins on PROD1PC63 with RULES