Federal Register / Vol. 73, No. 194 / Monday, October 6, 2008 / Rules and Regulations 58031 

(C) Nothing within this paragraph (f) 

constitutes a waiver of inadmissibility 

under section 209 of the Act or 8 CFR 

part 209. 

(3) Nonimmigrant visa. A 

nonimmigrant visa issued to the 

applicant for purposes of temporary 

admission under section 212(d)(3)(A)(i) 

of the Act and this paragraph (f) may not 

be valid for more than 12 months or for 

more than two applications for 

admission during the 12-month period. 

The authorized period of stay will be for 

30 calendar days calculated from the 

initial admission under this visa. 

(4) Application at U.S. port. If 

otherwise admissible, a holder of the 

nonimmigrant visa issued under section 

212(d)(3)(A)(i) of the Act and this 

paragraph (f) is authorized to apply for 

admission at a United States port of 

entry at any time during the period of 

validity of the visa in only the B–1 

(business visitor) or B–2 (visitor for 

pleasure) nonimmigrant categories. 

(5) Admission limited; satisfactory 

departure. Notwithstanding any other 

provision of this chapter, no single 

period of admission under section 

212(d)(3)(A)(i) of the Act and this 

paragraph (f) may be authorized for 

more than 30 days; if an emergency 

prevents a nonimmigrant alien admitted 

under this paragraph (f) from departing 

from the United States within his or her 

period of authorized stay, the director 

(or other appropriate official) having 

jurisdiction over the place of the alien’s 

temporary stay may, in his or her 

discretion, grant an additional period 

(or periods) of satisfactory departure, 

each such period not to exceed 30 days. 

If departure is accomplished during that 

period, the alien is to be regarded as 

having satisfactorily accomplished the 

visit without overstaying the allotted 

time. 

(6) Failure to comply. No 

authorization under section 

212(d)(3)(A)(i) of the Act and this 

paragraph (f) may be provided to any 

alien who has previously failed to 

comply with any condition of an 

admission authorized under this 

paragraph. 

(7) Additional limitations. The 

Secretary of Homeland Security or the 

Secretary of State may require 

additional evidence or impose 

additional conditions on granting 

authorization for temporary admissions 

under this paragraph (f) as international 

(or other relevant) conditions may 

indicate. 

(8) Option for case-by-case 

determination. If the applicant does not 

meet the criteria under this paragraph 

(f), or does not wish to agree to the 

conditions for the streamlined 30-day 

visa under this paragraph (f), the 

applicant may elect to utilize the 

process described in either paragraph (a) 

or (b) of this section, as applicable. 

Michael Chertoff, 

Secretary. 

[FR Doc. E8–23287 Filed 10–3–08; 8:45 am] 

BILLING CODE 9111–14–P 

FEDERAL RESERVE SYSTEM 

12 CFR Part 263 

[Docket No. R–1333] 

Rules of Practice for Hearings 

AGENCY: Board of Governors of the 

Federal Reserve System. 

ACTION: Final rule. 

SUMMARY: The Board of Governors of the 

Federal Reserve System (the Board) is 

amending its rules of practice and 

procedure to adjust the maximum 

amount, as set by statute, of each civil 

money penalty (CMP) within its 

jurisdiction to account for inflation. 

This action is required under the 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Debt Collection Improvement Act of 

1996. 

DATES: Effective Date: October 12, 2008. 

FOR FURTHER INFORMATION CONTACT: 

Katherine H. Wheatley, Associate 

General Counsel (202/452–3779), or Jodi 

C. Remer, Senior Counsel (202/452– 

6403), Legal Division, Board of 

Governors of the Federal Reserve 

System, 20th and C Streets, NW., 

Washington, DC 20551. For users of 

Telecommunication Device for the Deaf 

(TDD) only, contact 202/263–4869. 

SUPPLEMENTARY INFORMATION: The 

Federal Civil Penalties Inflation 

Adjustment Act of 1990, as amended by 

the Debt Collection Improvement Act of 

1996, 28 U.S.C. 2461 note (FCPIA Act), 

requires each Federal agency to adjust 

each CMP within its jurisdiction by a 

prescribed cost-of-living adjustment at 

least once every four years. This cost-ofliving adjustment is based on the 

formula described in section 5(b) of the 

FCPIA Act. The Board made its last 

adjustment in October 2004 (see 69 FR 

56929). 

The required cost-of-living adjustment 

formula is based on the difference 

between the Consumer Price Index (CPI) 

for June of the year preceding the 

adjustment (in this case, June 2007) and 

the CPI for June of the year when the 

CMP was last set or adjusted. To 

calculate the adjustment, the Board used 

the Department of Labor, Bureau of 

Labor Statistics—All Urban Consumers 

tables, in which the period 1982–84 was 

equal to 100, to get the CPI values. 

The calculations performed for the 

2008 adjustment consisted of four 

categories, depending on the year in 

which the penalty was last set or 

adjusted. For penalties that changed in 

2004, the relevant CPIs were June 2007 

(208.352) and June 2004 (189.7), 

resulting in a CPI increase of 9.8 

percent. For penalties that were last 

changed in 2000, the relevant CPIs were 

June 2007 (208.352) and June 2000 

(172.4), resulting in a CPI increase of 

20.9 percent. For penalties that were last 

changed in 1996, the relevant CPIs were 

June 2007 (208.352) and June 1996 

(156.7), resulting in a CPI increase of 

33.0 percent. One penalty did not exist 

at the time of the last adjustment and 

became effective in December 2005. For 

that penalty, the relevant CPIs were June 

2007 (208.352) and June 2005 (194.5), 

resulting in a CPI increase of 7.1 

percent. 

Section 5 of the FCPIA Act provides 

that the adjustment amount must be 

rounded before adding it to the existing 

penalty amount. The rounding 

provision depends on the size of the 

penalty being adjusted. For example, if 

the penalty is greater than $100 but less 

than or equal to $1,000, the increase is 

rounded to the nearest $100; if it is 

greater than $1,000 but less than or 

equal to $10,000, the increase is 

rounded to the nearest $1,000. Because 

of this rounding rule, six penalty 

amounts are not changing at this time. 

For example, the penalty under 12 

U.S.C. 3909(d) prior to the 2008 

adjustment was $1,100. As this penalty 

was last changed in 1996, the 33 percent 

adjustment would be $363. Rounding 

that increase to the nearest $1,000 

results in an increase of $0. 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 between the time of their 

last adjustment (1996, 2000, or 2004) 

and the next adjustment date. These 

unadjusted penalties include the 

inadvertently late or misleading reports 

under 12 U.S.C. 324; 12 U.S.C. 1832(c); 

Tier I penalty of 12 U.S.C. 1847(d), 

3110(c); 12 U.S.C. 334, 374a, 1884; 12 

U.S.C. 3909(d); and 42 U.S.C. 

4012(a)(f)(5). 

In accordance with section 6 of the 

FCPIA Act, the increased penalties set 

forth in this amendment apply only to 

violations that occur after the date the 

increase takes effect. 

Public Law 104–134, title III, 

§ 31001(s)(2), April 21, 1996, 110 Stat. 

1321–272 amended the FCPIA Act and 

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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 

mstockstill on PROD1PC66 with RULES