[Federal Register Volume 82, Number 67 (Monday, April 10, 2017)]
[Rules and Regulations]
[Pages 17097-17101]
[FR Doc No: 2017-06766]

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Rules and Regulations
                                                Federal Register
________________________________________________________________________

This section of the FEDERAL REGISTER contains regulatory documents
having general applicability and legal effect, most of which are keyed
to and codified in the Code of Federal Regulations, which is published
under 50 titles pursuant to 44 U.S.C. 1510.

The Code of Federal Regulations is sold by the Superintendent of Documents.

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Federal Register / Vol. 82, No. 67 / Monday, April 10, 2017 / Rules
and Regulations

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 13 and 406

[Docket No. FAA-2016-7004; Amdt. Nos. 13-39, 406-11]
RIN 2120-AK90

2017 Revisions to the Civil Penalty Inflation Adjustment Tables

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule provides the 2017 inflation adjustment to
civil penalty amounts that may be imposed for violations of Federal
Aviation Administration (FAA) regulations and the Hazardous Materials
Regulations, as required by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015. It also finalizes the catch-up
inflation adjustment interim final rule required by the same Act.

DATES: Effective April 10, 2017.

FOR FURTHER INFORMATION CONTACT: Cole R. Milliard, Attorney, Office of
the Chief Counsel, Enforcement Division, AGC-300, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone<PHONE_NUMBER>; email<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION:

Authority for This Rulemaking and Applicable Statutes

    The FAA's authority to issue rules on aviation safety is found in
Title 49 of the United States Code. 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.
The Secretary of Transportation's authority to regulate the
transportation of hazardous materials (``hazmat'') by air is in chapter
51 of title 49; civil penalty authority is in section 5123. The
Secretary's authority to regulate commercial space transportation may
be found at 51 U.S.C. subtitle V, sections 50901-50923 (chapter 509),
which provides for the Department of Transportation (DOT), and, through
delegation, the FAA to impose civil penalties on persons who violate
chapter 509, a regulation issued under chapter 509, or any term or
condition of a license or permit issued or transferred under chapter
509. 51 U.S.C. 50906(h)-(i), 50917.
    This rule implements the Federal Civil Penalties Inflation
Adjustment Act of 1990 (FCPIAA), Public Law 101-410, as amended by the
Debt Collection Improvement Act (DCIA) of 1996, Public Law 104-134, and
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015 (2015 Act), Public Law 114-74, codified at 28 U.S.C. 2461 note.
The FCPIAA, DCIA, and the 2015 Act require federal agencies to adjust
minimum and maximum civil penalty amounts for inflation to preserve
their deterrent impact. The 2015 Act amended the formula and frequency
of inflation adjustments. It required an initial catch-up adjustment in
the form of an interim final rule, followed by annual adjustments of
civil penalty amounts using a statutorily mandated formula.

Background

    On July 5, 2016, the FAA issued an interim final rule entitled,
``Revisions to the Civil Penalty Inflation Adjustment Tables'' (the
IFR) to implement the requirement for an initial catch-up
adjustment.\1\ This final rule (1) finalizes the catch-up adjustment
interim final rule; and (2) provides the required annual adjustment of
civil penalty maximums and minimums in accordance with the FCPIAA, as
amended.\2\
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    \1\ 81 FR 43463. A correction and technical amendments were made
in 81 FR 51079 (Aug. 3, 2016).
    \2\ 28 U.S.C. 2461 note.
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Overview of Final Rule

    The FCPIAA, as amended, provides a formula for annual inflationary
adjustments that increase civil penalty maximums and minimums by a
cost-of-living adjustment (COLA). Under the FCPIAA, as amended by the
2015 Act, the COLA for each civil penalty is 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 of the calendar year
preceding the adjustment and the CPI-U for the month of October of the
previous calendar year. Any resulting increase must be rounded to the
nearest $1. As required by the FCPIAA, this final rule provides the
2017 annual adjustments to the civil penalty maximums and minimums
provided in 14 Code of Federal Regulations (14 CFR) 13.301 and 406.9.

Method of Calculation of Adjustments to Civil Penalty Amounts Provided
in 14 CFR 13.301 and 406.9

    The 2015 Act directed the Office of Management and Budget (OMB) to
issue guidance on implementing the 2017 annual inflation adjustment
required by the 2015 Act no later than December 15, 2016.\3\ On
December 16, 2016, the OMB released this required guidance, which
provides instructions on how to calculate the 2017 annual
adjustment.\4\
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    \3\ 28 U.S.C. 2461 note.
    \4\ OMB Memorandum M-17-11.
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    To derive the 2017 adjustment, the FAA must multiply the maximum or
minimum penalty amount by the percent change between the October 2016
CPI-U and the October 2015 CPI-U. In this case, October 2016 CPI-U
(241.729)/October 2015 CPI-U (237.838) = Multiplier (1.01636).\5\
Accordingly, the agency multiplied the civil penalty maximums and
minimums provided in current 14 CFR 13.301 and 406.9 by 1.01636 to
derive the updated maximums and minimums provided in this final rule.
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    \5\ 28 U.S.C. 2461 note; OMB Memorandum M-17-11.
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    As examples, the agency has provided the calculations for the
adjustments for the civil penalties authorized by 49 U.S.C. 5123(a)(1)
(hazmat) and 51 U.S.C. 50917 (commercial space):

Adjusted penalty for 2016 \6\ * Multiplier = Adjusted penalty for 2017
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    \6\ The adjusted penalty for 2016 includes the catch-up
adjustment also mandated by the 2015 Act, and reflected in current
14 CFR 13.301 and 406.9 as amended by the IFR. 81 FR 43463 (July 5,
2016) and 81 FR 51079 (August 3, 2016).
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Sec. 5123(a)(1): $77,114 * 1.01636 = $78,376
Sec. 50917: $225,867 * 1.01636 = $229,562

Option to Forgo Annual Civil Penalty Adjustment

    The agency notes that the 2015 Act provides the Administrator with
the option to forgo adjustment only in a single circumstance, which is
not present at this time. If, within the twelve months preceding
January 15, 2017, an FAA civil penalty subject to this inflation
adjustment were increased more than it would be by this inflation
adjustment, the Administrator could choose to not make the adjustment.
None of the civil penalties subject to the 2017 adjustment increased at
all during the relevant time period. Accordingly, the Administrator
cannot forego adjustment of any penalty.

Administrative Procedure Act

    Section 553 of the Administrative Procedure Act requires agencies
to provide an opportunity for notice and comment on rulemaking and also
requires agencies to delay a rule's effective date for 30 days
following the date of publication in the Federal Register unless an
agency finds good cause to forgo these requirements. However, section
4(b)(2) of the 2015 Act requires agencies to adjust civil monetary
penalties notwithstanding section 553 of the Administrative Procedure
Act (APA) and publish annual inflation adjustments in the Federal
Register. ``This means that the public procedure the APA generally
requires . . . is not required for agencies to issue regulations
implementing the annual adjustment.'' OMB Memorandum M-17-11.
    Even if the 2015 Act did not except this rulemaking from section
553 of the APA, the agency has good cause to dispense with notice and
comment. Section 553(b)(B), authorizes agencies to dispense with notice
and comment procedures for rulemaking if the agency finds good cause
that notice and comment are impracticable, unnecessary, or contrary to
public interest. The annual adjustments to civil penalties for
inflation and the method of calculating those adjustments are
established by section 5 of the FCPIAA, as amended, leaving no
discretion for the Administrator. Accordingly, public comment would be
impracticable because the Administrator would be unable to consider
such comments in the rulemaking process.

Regulatory Evaluation

    Changes to Federal regulations must undergo several economic
analyses. First, Executive Order (E.O.) 12866 and Executive Order 13563
direct that each Federal agency shall propose or adopt a regulation
only upon a reasoned determination that the benefits of the intended
regulation justify its costs. Second, the Regulatory Flexibility Act of
1980 (Public Law 96-354) requires agencies to analyze the economic
impact of regulatory changes on small entities. Third, the Trade
Agreements Act (Public Law 96-39) prohibits agencies from setting
standards that create unnecessary obstacles to the foreign commerce of
the United States. In developing U.S. standards, the Trade Act requires
agencies to consider international standards and, where appropriate,
that they be the basis of U.S. standards. Fourth, the Unfunded Mandates
Reform Act of 1995 (Public Law 104-4) requires agencies to prepare a
written assessment of the costs, benefits, and other effects of
proposed or final rules that include a Federal mandate likely to result
in the expenditure by State, local, or tribal governments, in the
aggregate, or by the private sector, of $100 million or more annually
(adjusted for inflation with base year of 1995). This portion of the
preamble summarizes the FAA's analysis of the economic impacts of this
final rule.
    Department of Transportation Order DOT 2100.5 prescribes policies
and procedures for simplification, analysis, and review of regulations.
If the expected cost impact is so minimal that a proposed or final rule
does not warrant a full evaluation, this order permits that a statement
to that effect and the basis for it to be included in the preamble if a
full regulatory evaluation of the cost and benefits is not prepared.
Such a determination has been made for this final rule. The reasoning
for this determination follows.
    This rule adjusts for inflation to civil penalties for violations
of aviation safety, hazmat, and commercial space provisions in accord
with the Federal Civil Penalties Inflation Adjustment Act Improvement
Act (the 2015 Act), Pub. L. 114-74, Section 701 (November 2, 2015). The
Director of OMB provided guidance to agencies in a December 16, 2016
memorandum on how to calculate the 2017 annual adjustment required by
the 2015 Act. The FAA must follow the direction of Congress and is
using statutorily-mandated guidance provided by OMB in calculating the
annual inflation adjustment. Applying Congress's directions and OMB's
guidance, the FAA has determined that this rule imposes no additional
social cost. Civil penalties are, like taxes, an economic transfer. OMB
guidance A-4 states that transfers are monetary payments from one group
to another and thus not a social cost. OMB further dictates that
transfers should not be included in estimates of the benefits and costs
due to regulation. As transfers do not add social cost, this is a
minimal cost rule. OMB also directs that distributional impacts of
transfers should be considered. The term ``distributional effect''
refers to the impact of a regulatory action across the population and
economy, divided up in various ways (e.g. income groups, race, sex,
industrial sector, geography). Distributional effects may arise through
transfer payments like civil penalties that stem from regulatory
enforcement action. While persons paying civil penalties may experience
distributional effects, these discrete effects are far outweighed by
the positive effects of civil penalties. Compliance with FAA statutes
and regulations is essential to safety. The FAA intends for civil
penalties to serve as a punitive action against those who violate FAA
statutes and regulations. Civil penalties also deter future violations.
As a result, they support the FAA's mission of aviation, hazmat, and
commercial space safety, which benefits the public at large. Thus, the
cost impact of this rulemaking is minimal, and a full regulatory
evaluation is not required in accordance with DOT Order 2100.5.
    The Office of Information and Regulatory Affairs (OIRA)
Administrator has determined that agency regulations exclusively
implementing this annual adjustment are not significant regulatory
actions under E.O. 12866, provided they are consistent with the
guidance in OMB Memorandum M-17-11, Implementation of the 2017 annual
adjustment pursuant to the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015. The agency has determined that this
regulation is consistent with OMB Memorandum M-17-11 because it serves
only to provide the 2017 annual civil penalty adjustment using the
formula established by the 2015 Act. Thus, per OMB Memorandum M-17-11,
the regulation is not significant.
    The FAA has further determined that this final rule is not
``significant'' as defined in DOT's Regulatory Policies and Procedures.
The FAA made this determination because this final rule does not (a)
create a serious inconsistency or otherwise interfere with an action
taken or planned by another agency, (b) materially alter the budgetary
impact of entitlements, grants, user fees, or loan programs or the
rights and obligations of recipients thereof; or (c) raise novel legal
or policy issues arising out of legal mandates, the President's
priorities, or the principles set forth in E.O. 12866.

Regulatory Flexibility Determination

    The Regulatory Flexibility Act of 1980 (Public Law 96-354) (RFA)
establishes ``as a principle of regulatory issuance that agencies shall
endeavor, consistent with the objectives of the rule and of applicable
statutes, to fit regulatory and informational requirements to the scale
of the businesses, organizations, and governmental jurisdictions
subject to regulation.'' To achieve this principle, agencies are
required to solicit and consider flexible regulatory proposals and to
explain the rationale for their actions to assure that such proposals
are given serious consideration.'' The RFA covers a wide-range of small
entities, including small businesses, not-for-profit organizations, and
small governmental jurisdictions.
    Agencies must perform a review to determine whether a rule will
have a significant economic impact on a substantial number of small
entities. If the agency determines that it will, the agency must
prepare a regulatory flexibility analysis as described in the RFA.
    However, if an agency determines that a rule is not expected to
have a significant economic impact on a substantial number of small
entities, section 605(b) of the RFA provides that the head of the
agency may so certify and a regulatory flexibility analysis is not
required. The certification must include a statement providing the
factual basis for this determination, and the reasoning should be
clear.
    The FAA believes that this final rule does not have a significant
economic impact on a substantial number of small entities for the
following reasons. While this final rule is likely to impact a
substantial number of small entities, it will impose only minimal
costs. This final rule simply identifies the amount of the inflation
adjustment to existing civil monetary penalty maximums and minimums for
violations of the statutory and regulatory provisions the FAA enforces.
The penalty amounts are those specified by statute or called for under
the inflation adjustment statutes, and the information in this rule is
required by the Debt Collection Improvement Act of 1996.\7\ As civil
penalties are economic transfers, by OMB direction, these are not
included in the calculation of social costs. Therefore, as provided in
section 605(b), the head of the FAA certifies that this rule will not
result in a significant economic impact on a substantial number of
small entities.
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    \7\ The 2015 Act, Public Law 114-74, codified at 28 U.S.C. 2461
note, specifies the method of calculating the inflation adjustment,
and OMB Memorandum M-17-11 provides the guidance required by the
2015 Act for agencies in calculating the 2017 annual inflation
adjustment.
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    Moreover, although the FAA has completed the analysis to support
the certification provided by section 605(b), the RFA does not apply to
this rulemaking because notice and comment rulemaking under section 553
of the APA is not required.\8\ Section 4(b)(2) of the 2015 Act
specifically excludes this rulemaking implementing each adjustment
following the initial catch-up adjustment from section 553 of the APA.
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    \8\ 5 U.S.C. 604(a).
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International Trade Impact Assessment

    The Trade Agreements Act of 1979 (Public Law 96-39), as amended by
the Uruguay Round Agreements Act (Public Law 103-465), prohibits
Federal agencies from establishing standards or engaging in related
activities that create unnecessary obstacles to the foreign commerce of
the United States. Pursuant to these Acts, the establishment of
standards is not considered an unnecessary obstacle to the foreign
commerce of the United States, so long as the standard has a legitimate
domestic objective, such as the protection of safety, and does not
operate in a manner that excludes imports that meet this objective. The
statute also requires consideration of international standards and,
where appropriate, that they be the basis for U.S. standards.
    The FAA has assessed the potential effect of this final rule and
determined that it would impose identical inflation adjusted civil
penalties on domestic and international entities that violate aviation
safety, hazmat, and commercial space provisions in Titles 49 and 51 of
the U.S. Code and regulations issued under those provisions, and thus
would have a neutral trade impact. Furthermore, the inflation
adjustment is a legitimate domestic objective preserving the existing
deterrent impact of aviation, hazmat, and commercial space safety
statutes and regulations. Therefore, we have determined that this rule
will result in a neutral impact on international trade.

Unfunded Mandates Assessment

    Title II of the Unfunded Mandates Reform Act of 1995 (Public Law
104-4) requires each Federal agency to prepare a written statement
assessing the effects of any Federal mandate in a proposed or final
agency rule that may result in an expenditure of $100 million or more
(in 1995 dollars) in any one year by State, local, and tribal
governments, in the aggregate, or by the private sector; such a mandate
is deemed to be a ``significant regulatory action.'' The FAA currently
uses an inflation-adjusted value of $155 million in lieu of $100
million. This final rule does not contain such a mandate; therefore,
the requirements of Title II of the Act do not apply.

Paperwork Reduction Act

    The Paperwork Reduction Act of 1995 (44 U.S.C. 3507(d)) requires
that the FAA consider the impact of paperwork and other information
collection burdens imposed on the public. The FAA has determined that
there are no current or new requirements for information collection
associated with this rule.

International Compatibility

    In keeping with U.S. obligations under the Convention on
International Civil Aviation, it is FAA policy to conform to
International Civil Aviation Organization (ICAO) Standards and
Recommended Practices to the maximum extent practicable. The FAA has
determined that there are no ICAO Standards and Recommended Practices
that correspond to these regulations.

Environmental Analysis

    FAA Order 1050.1F identifies FAA actions that are categorically
excluded from preparation of an environmental assessment or
environmental impact statement under the National Environmental Policy
Act in the absence of extraordinary circumstances. The FAA has
determined that this action qualifies for categorical exclusion under
the National Environmental Policy Act in accordance with FAA Order
1050.1F, ``Environmental Impacts: Policies and Procedures,'' paragraph
5-6.6.f, which covers regulations not expected to cause any potentially
significant environmental impacts. The FAA has also determined that
there are no extraordinary circumstances requiring an environmental
assessment or environmental impact statement.

Federalism

    The FAA has analyzed this final rule under the principles and
criteria of Executive Order 13132, Federalism. The agency determined
that this action will not have a substantial direct effect on the
States, or the relationship between the Federal Government and the
States, or on the distribution of power and responsibilities among the
various levels of government, and, therefore, does not have federalism
implications.

Regulations That Significantly Affect Energy Supply, Distribution, or
Use

    The FAA has analyzed this final rule under Executive Order 13211,
Actions Concerning Regulations that Significantly Affect Energy Supply,
Distribution, or Use (May 18, 2001). The agency has determined that it
is not a ``significant energy action'' under the executive order and it
is not likely to have a significant adverse effect on the supply,
distribution, or use of energy.

Availability of Rulemaking Documents

    You can get an electronic copy of rulemaking documents using the
Internet by--
    1. Searching the Federal eRulemaking Portal (http://www.regulations.gov);
    2. Visiting the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies; or
    3. Accessing the Government Printing Office's Web page at http://www.gpo.gov/fdsys.
    You can also get a copy by sending a request to the Federal
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence
Avenue SW., Washington, DC 20591, or by calling<PHONE_NUMBER>. Make
sure to identify the amendment number or docket number of this
rulemaking.

List of Subjects

14 CFR Part 13

    Administrative practice and procedure, Air transportation,
Hazardous materials transportation, Investigations, Law enforcement,
Penalties.

14 CFR Part 406

    Administrative procedure and review, Commercial space
transportation, Enforcement, Investigations, Penalties, Rules of
adjudication.

The Amendment

    Accordingly, the interim rule amending 14 CFR parts 13 and 406
which was published at 81 FR 43463 on July 5, 2016, is adopted as a
final rule with the following changes:

CHAPTER I--FEDERAL AVIATION ADMINISTRATION, DEPARTMENT OF
TRANSPORTATION

PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

0
1. The authority citation for part 13 is revised to read as follows:

    Authority: 18 U.S.C. 6002, 28 U.S.C. 2461 (note); 49 U.S.C.
106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44703, 44709-
44710, 44713, 44725, 46101-46111, 46301, 46302 (for a violation of
49 U.S.C. 46504), 46304-46316, 46318, 46501-46502, 46504-46507,
47106, 47107, 47111, 47122, 47306, 47531-47532; 49 CFR 1.83.

0
2. Amend Sec.  13.301 by revising the section heading and paragraph (c)
to read as follows:

Sec.  13.301  Inflation adjustments of civil monetary penalties.

* * * * *
    (c) Minimum and maximum civil monetary penalties within the
jurisdiction of the FAA are as follows:

                Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring on or After January 15, 2017
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                                           Civil monetary penalty      2016 minimum     New minimum     2016 maximum penalty       New maximum penalty
     United States Code citation                description           penalty amount  penalty amount           amount                    amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a)(1).................  Violation of hazardous                    N/A             N/A  $77,114.................  $78,376.
                                        materials transportation law.
49 U.S.C. 5123(a)(2).................  Violation of hazardous                    N/A             N/A  179,933.................  182,877.
                                        materials transportation law
                                        resulting in death, serious
                                        illness, severe injury, or
                                        substantial property
                                        destruction.
49 U.S.C. 5123(a)(3).................  Violation of hazardous                   $463            $471  77,114..................  78,376.
                                        materials transportation law
                                        relating to training.
49 U.S.C. 46301(a)(1)................  Violation by a person other               N/A             N/A  32,140..................  32,666.
                                        than an individual or small
                                        business concern under 49
                                        U.S.C. 46301(a)(1)(A) or (B).
49 U.S.C. 46301(a)(1)................  Violation by an airman                    N/A             N/A  1,414...................  1,437.
                                        serving as an airman under
                                        49 U.S.C. 46301(a)(1)(A) or
                                        (B) (but not covered by
                                        46301(a)(5)(A) or (B)).
49 U.S.C. 46301(a)(1)................  Violation by an individual or             N/A             N/A  1,414...................  1,437.
                                        small business concern under
                                        49 U.S.C. 46301(a)(1)(A) or
                                        (B) (but not covered in 49
                                        U.S.C. 46301(a)(5)).
49 U.S.C. 46301(a)(3)................  Violation of 49 U.S.C.                    N/A             N/A  Increase above otherwise  No change.
                                        47107(b) (or any assurance                                     applicable maximum
                                        made under such section) or                                    amount not to exceed 3
                                        49 U.S.C. 47133.                                               times the amount of
                                                                                revenues that are used
                                                                                in violation of such
                                                                                section.
49 U.S.C. 46301(a)(5)(A).............  Violation by an individual or             N/A             N/A  12,856..................  13,066.
                                        small business concern
                                        (except an airman serving as
                                        an airman) under 49 U.S.C.
                                        46301(a)(5)(A)(i) or (ii).
49 U.S.C. 46301(a)(5)(B)(i)..........  Violation by an individual or             N/A             N/A  12,856..................  13,066.
                                        small business concern
                                        related to the
                                        transportation of hazardous
                                        materials.

49 U.S.C. 46301(a)(5)(B)(ii).........  Violation by an individual or             N/A             N/A  12,856..................  13,066.
                                        small business concern
                                        related to the registration
                                        or recordation under 49
                                        U.S.C. chapter 441, of an
                                        aircraft not used to provide
                                        air transportation.
49 U.S.C. 46301(a)(5)(B)(iii)........  Violation by an individual or             N/A             N/A  12,856..................  13,066.
                                        small business concern of 49
                                        U.S.C. 44718(d), relating to
                                        limitation on construction
                                        or establishment of
                                        landfills.
49 U.S.C. 46301(a)(5)(B)(iv).........  Violation by an individual or             N/A             N/A  12,856..................  13,066.
                                        small business concern of 49
                                        U.S.C. 44725, relating to
                                        the safe disposal of life-
                                        limited aircraft parts.
49 U.S.C. 46301(b)...................  Tampering with a smoke alarm              N/A             N/A  4,126...................  4,194.
                                        device.
49 U.S.C. 46302......................  Knowingly providing false                 N/A             N/A  22,587..................  22,957.
                                        information about alleged
                                        violation involving the
                                        special aircraft
                                        jurisdiction of the United
                                        States.
49 U.S.C. 46318......................  Interference with cabin or                N/A             N/A  34,172..................  34,731.
                                        flight crew.
49 U.S.C. 46319......................  Permanent closure of an                   N/A             N/A  12,856..................  13,066.
                                        airport without providing
                                        sufficient notice.
49 U.S.C. 47531......................  Violation of 49 U.S.C. 47528-             N/A             N/A  See 49 U.S.C.             See 49 U.S.C.
                                        47530, relating to the                                         46301(a)(1) and (a)(5),   46301(a)(1) and (a)(5),
                                        prohibition of operating                                       above.                    above.
                                        certain aircraft not
                                        complying with stage 3 noise
                                        levels.
--------------------------------------------------------------------------------------------------------------------------------------------------------

CHAPTER III--COMMERCIAL SPACE TRANSPORTATION, FEDERAL AVIATION
ADMINISTRATION, DEPARTMENT OF TRANSPORTATION

PART 406--INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW

0
3. The authority citation for part 406 continues to read as follows:

    Authority:  51 U.S.C. 50901-50923.

0
4. Amend Sec.  406.9 by revising paragraph (a) to read as follows:

Sec.  406.9   Civil penalties.

    (a) Civil penalty liability. Under 51 U.S.C. 50917(c), a person
found by the FAA to have violated a requirement of the Act, a
regulation issued under the Act, or any term or condition of a license
or permit issued or transferred under the Act, is liable to the United
States for a civil penalty of not more than $229,562 for each
violation. A separate violation occurs for each day the violation
continues.
* * * * *

    Issued under the authority provided by 28 U.S.C. 2461 note, 49
U.S.C. 106(f) and 44701(a), and 51 U.S.C. 50901 in Washington, DC,
on February 13, 2017.
Michael P. Huerta,
Administrator.
[FR Doc. 2017-06766 Filed 4-7-17; 8:45 am]
 BILLING CODE 4910-13-P


[Federal Register Volume 84, Number 21 (Thursday, January 31, 2019)]
[Notices]
[Pages 707-708]
[FR Doc No: 2019-00519]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

Combined Notice of Filings #2

    Take notice that the Commission received the following electric
rate filings:

    Docket Numbers: ER10-1585-011; ER10-1594-011; ER10-1617-011; ER10-
1619-005; ER10-1620-007; ER10-1625-007; ER10-1628-011; ER10-1632-013;
ER12-60-013; ER16-1148-002; ER16-733-002.
    Applicants: Alabama Electric Marketing, LLC, California Electric
Marketing, LLC, LQA, LLC, New Mexico Electric Marketing, LLC, Tenaska
Alabama Partners, L.P., Tenaska Alabama II Partners, L.P., Tenaska
Energ[iacute]a de Mexico, S. de R. L. de C.V., Tenaska Power
Management, LLC, Tenaska Power Services Co., Tenaska Georgia Partners,
L.P., Texas Electric Marketing, LLC.
    Description: Supplement to December 22, 2017 Updated Market Power
Analysis in the Southeast Region of the Tenaska MBR Sellers.
    Filed Date: 1/16/19.
    Accession Number: 20190116-5144.
    Comments Due: 5 p.m. ET 2/6/19.

    Docket Numbers: ER10-2739-018; ER10-1859-007; ER10-1872-007; ER10-
1892-007; ER10-2743-013; ER10-2751-013; ER10-2755-016; ER10-2793-007;
ER12-995-005; ER16-1652-006.
    Applicants: LS Power Marketing, LLC, Bluegrass Generation Company,
L.L.C., Cherokee County Cogeneration Partners, LLC, Columbia Energy
LLC, DeSoto County Generating Company, LLC, Las Vegas Power Company,
LLC, LifeEnergy, LLC, Mobile Energy L L C, Renaissance Power, L.L.C.,
Santa Rosa Energy Center, LLC.
    Description: Supplement to December 29, 2017 Updated Market Power
Analysis of the LS Southeast MBR Sellers.
    Filed Date: 1/15/19.
    Accession Number: 20190115-5309.
    Comments Due: 5 p.m. ET 2/5/19.

    Docket Numbers: ER13-764-018; ER11-3987-013; ER11-4055-008; ER12-
1566-012; ER12-199-015; ER12-2498-018; ER12-2499-018; ER14-1548-011;
ER14-1775-006; ER14-1776-009; ER14-1927-006; ER15-2653-001; ER16-1325-
001; ER16-1326-001 ER16-1327-001; ER17-2141-001; ER17-2142-001; ER17-
2385-001; ER17-382-003; ER17-383-003; ER17-384-003 ER18-1416-002; ER18-
855-002.
    Applicants: Alpaugh 50, LLC, Alpaugh North, LLC, Broken Bow Wind
II, LLC, Campbell County Wind Farm, LLC, CED Ducor Solar 1, LLC, CED
Ducor Solar 2, LLC, CED Ducor Solar 3, LLC, CED White River Solar, LLC,
CED White River Solar 2, LLC, CED Wistaria Solar, LLC, Copper Mountain
Solar 1, LLC, Copper Mountain Solar 2, LLC, Copper Mountain Solar 3,
LLC, Copper Mountain Solar 4, LLC, Coram California Development, L.P.,
Great Valley Solar 1, LLC, Great Valley Solar 2, LLC, Great Valley
Solar 3, LLC, Mesquite Solar 1, LLC, Mesquite Solar 2, LLC, Mesquite
Solar 3, LLC, Panoche Valley Solar, LLC, SEP II, LLC.
    Description: Notice of Change in Status and Category Change of the
Consolidated Edison, Inc. subsidiaries.
    Filed Date: 1/15/19.
    Accession Number: 20190115-5311.
    Comments Due: 5 p.m. ET 2/5/19.

    Docket Numbers: ER19-204-002.
    Applicants: Public Service Electric and Gas Company, PJM
Interconnection, L.L.C.
    Description: Compliance filing: PSEG submits an errata to its 1/10/
2019 compliance filing re: Tax Cut Jobs Act to be effective 1/1/2019.
    Filed Date: 1/17/19.
    Accession Number: 20190117-5028.
    Comments Due: 5 p.m. ET 2/7/19.

    Docket Numbers: ER19-826-000.

    Applicants: South Carolina Electric & Gas Company.
    Description: Notice of Cancellation of Transmission Service
Agreement of South Carolina Electric & Gas Company.
    Filed Date: 1/15/19.
    Accession Number: 20190115-5302.
    Comments Due: 5 p.m. ET 2/5/19.

    The filings are accessible in the Commission's eLibrary system by
clicking on the links or querying the docket number.
    Any person desiring to intervene or protest in any of the above
proceedings must file in accordance with Rules 211 and 214 of the
Commission's Regulations (18 CFR 385.211 and 385.214) on or before 5:00
p.m. Eastern time on the specified comment date. Protests may be
considered, but intervention is necessary to become a party to the
proceeding.
    eFiling is encouraged. More detailed information relating to filing
requirements, interventions, protests, service, and qualifying
facilities filings can be found at: http://www.ferc.gov/docs-filing/efiling/filing-req.pdf. For other information, call<PHONE_NUMBER>
(toll free). For TTY, call<PHONE_NUMBER>.

     Dated: January 17, 2019.
Nathaniel J. Davis, Sr.,
Deputy Secretary.
[FR Doc. 2019-00519 Filed 1-30-19; 8:45 am]
 BILLING CODE 6717-01-P