58032 Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 

provided that ‘‘[t]he first adjustment of 

a civil monetary penalty * * * may not 

exceed 10 percent of such penalty.’’ 

Although there is one penalty for which 

an initial adjustment is being made, 12 

U.S.C. 1820(k)(6)(A)(ii), due to the effect 

of the rounding rules, the calculated 

dollar amount increase in the penalty is 

the same as a 10 percent increase in this 

case. 

Public Comment Not Required 

This rule is not subject to the 

provisions of 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, impractical, and contrary 

to the public interest, pursuant to the 

Administrative Procedure Act (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). 

Regulatory Flexibility Act 

The Regulatory Flexibility Act applies 

only to rules for which an agency 

publishes a general notice of proposed 

rulemaking pursuant to 5 U.S.C. 553(b). 

See 5 U.S.C. 601(2). Because the Board 

has determined for good cause that the 

APA does not require public notice and 

comment on this final rule, we are not 

publishing a general notice of proposed 

rulemaking. Thus, the Regulatory 

Flexibility Act does not apply to this 

final rule. 

Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1995 (44 U.S.C. Ch. 35; 

5 CFR Part 1320 Appendix A.1), the 

Board reviewed the final rule under the 

authority delegated to the Board by the 

Office of Management and Budget. No 

collections of information pursuant to 

the Paperwork Reduction Act are 

contained in the final rule. 

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 to read as 

follows: 

PART 263—RULES OF PRACTICE FOR 

HEARINGS 

■ 1. The authority citation for part 263 

is revised to read as follows: 

Authority: 5 U.S.C. 504; 12 U.S.C. 248, 

324, 504, 505, 1817(j), 1818, 1820(k), 1828(c), 

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

1972(2)(F), 3105, 3107, 3108, 3907, 3909; 15 

U.S.C. 21, 78o–4, 78o–5, 78u–2; and 28 

U.S.C. 2461 note. 

■ 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 adjusted maximum penalty 

amounts for each civil money penalty 

provided by law within its jurisdiction. 

The adjusted civil penalty amounts 

provided in paragraph (b) of this section 

replace only the amounts published in 

the statutes authorizing the assessment 

of penalties and the previously-adjusted 

amounts adopted as of October 12, 2004, 

October 12, 2000, and October 24, 1996. 

The authorizing statutes contain the 

complete provisions under which the 

Board may seek a civil money penalty. 

The increased penalty amounts 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 or misleading 

reports, inter alia—$2,200. 

(ii) Other late or misleading reports, 

inter alia—$32,000. 

(iii) Knowingly or recklessly false or 

misleading reports, inter alia— 

$1,375,000. 

(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—$1,375,000. 

(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—$2,200. 

(ii) Second tier—$32,000. 

(iii) Third tier—$1,375,000. 

(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 $675,000 for 

any other person. 

(10) 42 U.S.C. 4012a(f)(5): 

(i) For each violation—$385. 

(ii) For the total amount of penalties 

assessed under 42 U.S.C 4012a(f)(5) 

against an institution or enterprise 

during any calendar year—$135,000. 

By order of the Board of Governors of the 

Federal Reserve System, October 1, 2008. 

Jennifer J. Johnson, 

Secretary of the Board. 

[FR Doc. E8–23527 Filed 10–3–08; 8:45 am] 

BILLING CODE 6210–01–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2006–24825; Directorate 

Identifier 2006–NE–17–AD; Amendment 39– 

15623; AD 2008–16–05] 

RIN 2120–AA64 

Airworthiness Directives; Rolls-Royce 

Deutschland Ltd & Co KG (RRD) Dart 

528, 529, 532, 535, 542, and 552 Series 

Turboprop Engines; Correction 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; correction. 

SUMMARY: The FAA is correcting 

airworthiness directive (AD) 2008–16– 

05. That AD applies to RRD Dart 528, 

529, 532, 535, 542, and 552 Series 

turboprop engines. We published that 

AD in the Federal Register on July 31, 

2008 (73 FR 44630). The superseded AD 

number in paragraph (b) in the 

regulatory section is incorrect. This 

document corrects that superseded AD 

number. In all other respects, the 

original document remains the same. 

DATES: Effective Date: Effective October 

6, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Jason Yang, Aerospace Engineer, Engine 

Certification Office, FAA, Engine and 

Propeller Directorate, 12 New England 

Executive Park, Burlington, MA 01803; 

e-mail: jason.yang@faa.gov; telephone 

(781) 238–7747; fax (781) 238–7199. 

SUPPLEMENTARY INFORMATION: On July 

31, 2008 (73 FR 44630), we published a 

final rule AD, FR Doc, E8–17423, in the 

Federal Register. That AD applies to 

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Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58033 

RRD Dart 528, 529, 532, 535, 542, and 

552 Series turboprop engines. We need 

to make the following correction: 

§ 39.13 [Corrected] 

On page 44631, in the second column, 

in paragraph (b) of the regulatory 

section, ‘‘2007–02–17’’ is corrected to 

read ‘‘2007–02–07’’. 

Issued in Burlington, Massachusetts, on 

September 29, 2008. 

Thomas A. Boudreau, 

Acting Manager, Engine and Propeller 

Directorate, Aircraft Certification Service. 

[FR Doc. E8–23511 Filed 10–3–08; 8:45 am] 

BILLING CODE 4910–13–P 

DEPARTMENT OF COMMERCE 

Bureau of Industry and Security 

15 CFR Parts 742, 744 and 774 

[Docket No. 080307397–81237–01] 

RIN 0694–AE33 

Revisions to the Export Administration 

Regulations Based Upon a Systematic 

Review of the CCL 

AGENCY: Bureau of Industry and 

Security, Commerce. 

ACTION: Final rule. 

SUMMARY: This rule amends the Export 

Administration Regulations (EAR) to 

make revisions to the EAR as a result of 

a systematic review of the Commerce 

Control List (CCL) that was conducted 

by the Bureau of Industry and Security 

(BIS). This rule is the second phase of 

the regulatory implementation of the 

results of a review of the CCL that was 

conducted by BIS starting in 2007. The 

BIS CCL review benefited from input 

received from BIS’s Technical Advisory 

Committees (TACs) and comments that 

were received from the interested public 

in response to the publication of a BIS 

notice of inquiry on July 17, 2007. The 

revisions in this rule include 

clarifications to existing controls, 

eliminating redundant or outdated 

controls, establishing more focused and 

rationalized controls, and adding 

additional controls for clarity or for 

consistency with international regimes. 

DATES: Effective Date: This rule is 

effective: October 6, 2008. Although 

there is no formal comment period, 

public comments on this regulation are 

welcome on a continuing basis. 

ADDRESSES: You may submit comments, 

identified by RIN 0694–AE33, by any of 

the following methods: 

• E-mail: 

publiccomments@bis.doc.gov Include 

‘‘RIN 0694–AE33’’ in the subject line of 

the message. 

• Fax: (202) 482–3355. Please alert 

the Regulatory Policy Division, by 

calling (202) 482–2440, if you are faxing 

comments. 

• Mail or Hand Delivery/Courier: 

Timothy Mooney, U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230, 

Attn: RIN 0694–AE33. 

Send comments regarding the 

collection of information associated 

with this rule, including suggestions for 

reducing the burden, to Jasmeet Seehra, 

Office of Management and Budget 

(OMB), by e-mail to 

jseehra@omb.eop.gov, or by fax to (202) 

395–7285; and to the U.S. Department of 

Commerce, Bureau of Industry and 

Security, Regulatory Policy Division, 

14th St. & Pennsylvania Avenue, NW., 

Room 2705, Washington, DC 20230. 

Comments on this collection of 

information should be submitted 

separately from comments on the final 

rule (i.e. RIN 0694–AE33)—all 

comments on the latter should be 

submitted by one of the three methods 

outlined above. 

FOR FURTHER INFORMATION CONTACT: 

Timothy Mooney, Office of Exporter 

Services, Bureau of Industry and 

Security, U.S. Department of Commerce; 

by telephone: (202) 482–2440; or by fax: 

202–482–3355. 

SUPPLEMENTARY INFORMATION

Background 

This rule amends the EAR to make 

various revisions as a result of a 

systematic review of the CCL that was 

conducted by BIS. This rule is the 

second phase of the regulatory 

implementation of the results of that 

systematic review of the CCL that was 

conducted by BIS beginning in 2007. 

The CCL review benefited from input 

received from BIS’s Technical Advisory 

Committees (TACs) and public 

comments received in response to a 

notice of inquiry (July 17, 2007, 72 FR 

39052). 

On April 18, 2008, BIS published the 

first phase of the regulatory 

implementation of the CCL review in a 

rule titled, ‘‘Technical Corrections to the 

Export Administration Regulations 

based upon a Systematic Review of the 

CCL’’ (73 FR 21035). The first CCL 

review rule focused on making needed 

technical corrections and clarifications 

to the CCL. This rule, the second CCL 

review rule, makes substantive revisions 

to the EAR, including the CCL. The 

revisions to the CCL in this rule are 

divided into four types of revisions in 

this background section of the preamble: 

(I) Clarifications to Existing Controls, (II) 

Eliminating Redundant or Outdated 

Controls, (III) Establishing More Focused 

and Rationalized Controls, and (IV) 

Adding Additional Controls for Clarity 

or for Consistency with International 

Regimes. 

As a part of the implementation phase 

of the CCL review, the agency has also 

taken other non-regulatory actions to 

improve the public’s understanding of 

the CCL. These BIS actions have 

involved publishing certain advisory 

opinions and creating new web 

guidance to provide greater clarity to 

exporters and reexporters regarding 

existing provisions of the CCL. BIS has 

also created a new process whereby it 

has stated its intention to conduct 

similar types of systematic reviews of 

the CCL in the future in order to 

continuously improve the CCL. 

This rule makes the following 

revisions to the Export Administration 

Regulations (EAR): 

1. In Supplement No. 7 to part 742 

(Description of Major Weapons 

Systems), under paragraph (7)(c) 

(Missiles and Missile Launchers), this 

rule adds the phrase ‘‘except model 

airplanes’’ to clarify that the unmanned 

aerial vehicles (UAVs) subject to this 

paragraph do not include model 

airplanes. 

2. In § 744.21 (Restrictions on Certain 

Military End-Uses in the People’s 

Republic of China (PRC)), this rule 

makes two changes under paragraph (a) 

(General Prohibition) to clarify the 

intended scope of the items subject to 

this end-use control. Under the 

introductory text of paragraph (a), this 

rule clarifies that the items that are 

subject to the general prohibition are 

any items listed in Supplement No. 2 to 

part 744 that are subject to the EAR. 

Adding the phrase ‘‘subject to the EAR’’ 

will clarify that this prohibition does 

not extend to items that are not subject 

to the EAR, such as information that is 

publicly available. This change is 

needed because the § 772.1 definition of 

the term ‘‘item’’ does not distinguish 

between those items that are subject to 

the EAR and those that are not. Given 

this broad definition, in this paragraph 

the term ‘‘item’’ should be qualified 

with the phrase ‘‘subject to the EAR’’. 

The Commerce Control List (CCL) 

(Supplement No. 1 to Part 774 of the 

EAR) is amended by making various 

substantive revisions to the CCL that are 

divided below into four types of 

revisions: (I) Clarifications to Existing 

Controls, (II) Eliminating Redundant or 

Outdated Controls, (III) Establishing 

More Focused and Rationalized 

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