Federal
Register/
Vol.
67,
No.
1601Monday.
August
19,
2002
Latitude
60
°
58.93'
N.
146O48.86W
and
southwest
of
a
line
bearing
307'
True
from
Tongue
Point
at
61
°
02.10'
N.
146
°
40.00'
W.
*
*
*
*
*

PART
1674FFSHORE
TRAFFIC
SEPARATION
SCHEMES
3.
The
authority
citation
for
part
167
Authority:
33
U.
S.
C.
1223;
49
CFR
1.46.
,

4.
Add
§
§
167.1700
through
167.1703
continues
to
read
as
follows:

to
read
as
follows:

§
167.1700
In
Prince
William
Sound:
General.
The
Prince
William
Sound
Traffic
Separation
Scheme
consists
of
four
parts:
Prince
William
Sound
Traffic
Separation
Scheme,
Valdez
Arm
Traffic
Separation
Scheme,
and
two
precautionary
areas.
These
parts
are
described
in
55
167.1701
through
167.1703.
The
geographic
coordinates
in
$
6
167.1701
throueh
167.1703
are
­
~.
­
Longitude
ACTION:
Withdrawal
of
direct
final
rule.

iefined
using
Nor&
American
Datum
1983
(
NAD
83).
................
60"
20.59"
60O49.49"
................

$
167.1701
In
Prince
William
Sound:
Precautionary
areas.

precautionary
area
is
established
and
is
bounded
by
a
line
connecting
the
following
geographical
positions:
(
a)
Cape
Hinchinbrook.
A
SUMMARY:
Because
EPA
received
146'
46.18'
W
146'
56.19W
Latitude
Latitude
60'
20.59"
................
60'
12.67"
................
6OD11.01'
N
................
60'
05.47"
................
60"
00.61'
N
................
60"
05.44"
................
59'
51.60"
................
59Y3.52"
................
60"
07.76"
................
60"
11,51'
N
................
60?
20.60"
................
Longitude
Latitude
I
Lonoitude
ENVIRONMENTAL
PROTECTION
60"
49
10'
h
6070
6
0
h
AGENCY
60"
20.77"
................
146'
52.31'
W
60"
46.12"
................
40
CFR
Parts
19
and
27
60"
48.29N
................
146"
59.77'
W
60"
20.93"
................
[
FRL­
7261­
51
147'
04
19W
146'
54
31'
W
(
b)
A
traffic
lane
for
northbound
Civil
Monetary
Penalty
Inflation
Adjustment
Rule
traffic
between
the
separation
zone
and
Latitude
146"
48.64'
W
146"
54,31'
W
a
line
connecting
the
following
geographical
positions:
AGENCY:
Environmental
Protection
Aaencv
IEPA).

Longitude
Washington,
DC
20460,
(
202)
564­
2413.

60O49.39"
................
60'
58.04"
................
Dsted
August
13,
2002.
146O58.19'
W
146'
46.52'
W
John
Peter
Suarez,
the
direct
final
rule
amending
the
find
Civil
Monetary
Penalty
Inflation
Adjustment
~
~
l
~
,
which
was
by
the
Debt
Collection
Improvement
Act
of
1996.
That
leeislation
reauired
IC)
A
traffic
lane
for
southbound
traffic
between
the
separation
zone
and
a
line
connecting
the
following
geographical
positions:
federal
agencies
to
adjust
civil
monetary
penalties
for
inflation
on
a
periodic
basis.
EPA
published
the
direct
final
rule
on
June
18,2002
(
67
FR
41343).
We
stated
in
the
direct
final
rule
that
if
we
received
adverse
comment
by
July
18,
2002,
we
would
publish
a
timely
notice
of
withdrawal
in
the
Federal
Register.
The
Arm
Traffic
Separation
We
subseouentlv
received
one
adverse
$
157.1703
In
Prince
William
Sound:
Valdez
A­
TraMc
Separation
scheme.

Scheme
consists
of
the
following:

line
connecting
the
following
geographical
positions:
comment
bn
thedirect
final
rule.
We
will
address
that
comment
in
a
subsequent
final
action
based
on
the
parallel
proposal
also
published
on
June
18,
2002
(
67
FR
41363).
As
stated
in
the
(
a)
A
separation
zone
bounded
by
a
Latitude
Longitude
oarallel
orooosal.
we
will
not
institute
(
b)
A
precautionary
area
is
established
of
radius
1.5
miles
centered
at
geographical
position
60'
49.63".
147~
01.33'
W.

(
4
A
pilot
hoarding
area
located
near
the
center
of
the
Biigh
Reef
precautionary
area
is
established.
Regulations
for
vessels
operating
in
these
areas
are
in
5
165.1109(
d)
of
this
chapter.

§
167.1702
In
Prince
William
Sound:
Prlnce
William
Sound
Traffic
Separation
Scheme.
The
Prince
William
Sound
Traffic
Separation
Scheme
consists
of
the
following:
(
a)
A
separation
zone
bounded
by
a
line
connecting
the
following
geographical
positions:
41344
Federal
Regisler
I
Vol.
67.
No.
11
7
I
Tu~
sdd)
~

]
uric
18.
2002
/
Kulus
dnd
Kegidation&

affei.?
the
terms
under
which
civil
penalties
UP
assess~
d
by
EPA.
In
addition.
Ef.
4
has
rilade
minor
conforming
ctimgcs
to
the
regulaticns
to
reflpct
thc
effective
date
of
the
new
rates
prescrihcd
by
Congress
w'lrich
haw
no
substantive
ctfwi.
The
furrimla
for
the
umount
of
the
penalty
aniusrrnciit
is
prescribed
hy
Congress
in
the
UCIA
and
the5echanw
a
e
n
o
l
subjert
to
the
exrrrisc
cf
dismction
by
EPA.
Ilo!
varer
1110
rounding
requirement
of
Ilk?
statute
is
subjuct
to
diffwenr
interpretations
and
EVA
has
rounded
based
on
the
amount
of
the
increase
resulting
friirn
the
CPI
pwcentagc
Lalculation.
This
apprnach
achiet'es
tllc
intcnl
uf
the
DClh
because
a
rounding
nilir
hnsed
on
thc
i
l
~
i
u
u
~
t
Of
the
increase
will
rcsult
in
incrcasc
~
m
u
u
~
i
t
s
that
more
closely
track
rhc
manges
in
the
CI'!
a
i
d
uould
$
readily
incro'isc
the
ilmuun!
of
the
CMPj
over
time
in
liue
wilh
increase$
in
thn
CPI.
Calculi~
tions
bas14
on
ut!
ier
interpret.
itions
oi
tho
rounding
requirercmt
could
resnlr
in
CMY
ndjustmeiits
that
i
y
i
r
either
several
tinleu
d
~
r
CPI
percentage
or
in
no
increase
at
all
p
w
n
with
increoscs
i
n
the
CPI.
In
the
"
Pmpoced
Rules"
section
01
today'.<
Pcderiil
Registur
publication.
we
are
publishing
R
separstc
dorumcnt
that
will
uenc
3s
the
proposal
to
adiusl
Et'A's
civil
mon&
q
ycrid~
tiez
fur
inflation
iiadversc
i.
umments
arc
f
i
l
d
This
nile
will
be
etttxtivo
on
August
19.
2002
wilhuut
further
notice
unless
we
receiae
adrorso
commmt
I
I
~
J
u
l
y
18,
2002.
If
EPA
rweii'?~
adverse
comment.
we
u<
ll
puhlish
n
tiinelv
ivithdrarval
in
the
Federal
Register
infornung
the
public
that
fhe
rule
will
not
take
oihn:
t.
\
Vu
Xviil
hddrcss
all
public
comments
in
II
subsequent
final
rule
based
on
the
proposed
rule
We
wil:
not
institute
a
secuud
coinmen\
period
on
tnis
action.
An)
partias
interested
in
cornrriimting
mnst
do
so
at
this
lime.
Under
Cxcculive
Order
12866.
I58
FR
51,705
(
OL.
tober
4,
1WJ))
thcAgcI1c).
must
determint?
whcther
tho
rcgulhtory
action
is
"
signifkant"
and
:
herefole
subject
tu
O
W
review
a
d
thc
requirements
of
the
Executive
Order.
The
Order
defines
"
significant
regulatory
action'
as
onc
that
is
like.?
io
resiilr
i
n
a
rule
thkr
mav:

IIJ
tin."
i
l
l
)
",
Nt"
dl
*
rr,!
eCl
011
IlW
,'
vu,
lolr>
y
id
$>
or
mi1l;
on
or
mom
nr
p
d
v
n
n
d
y
H
f
l
w
t
in
B
malexiitt
LWY
Iha
econum;.
a
S
R
~
U
I
ut
I
t
s
t
~
rxclucrmy
~
mncluriiwiy,
umqx!
ritior.,
iobr.
iht:
m
v
i
m
m
w
u
~
,
(
JUIAIS.
laultlr
iw
sixbl)
,
$
17
Stnlc.
IxA71.
of
1~
111.
t1
!
m
w
r
w
t
~
W
l
.
~
UT
~

communities;

otherwise
interfere
with
an
action
taken
or
[
Z]
Create
a
serious
inconsistency
or
planned
by
another
agency:
(
3)
Materially
slter
the
budgetary
impact
of
entitlements,
grants,
usm
fees,
or
loan
programs
or
Ihs
rights
and
obligations
of
recipiants
thereof,
or
(
4)
Raise
novel
legal
N
policy
issues
arising
out
of
legal
mandates,
the
President's
priorities,
or
the
principles
set
forth
in
the
Executive
Order.
It
has
been
determined
that
this
rule
is
not
a
"
significant
regulatory
action"
under
the
terms
of
Executive
Order
12866,
and
is
therefore
not
subject
to
review
by
the
Office
of
Management
and
Budget.
Title
I1
of
the
Unfunded
Mandates
Reform
Act
of
1995
(
UMRAI,
Public
Law
104­
4,
establishes
requirements
for
Federal
agencies
to
assess
the
effects
of
theb
regulatory
actions
on
State,
local,
and
tribal
governments
and
the
private
sector.
Under
section
ZGZ
of
the
UMRA,
EPA
generally
must
prepare
a
written
statement,
including
a
cost­
benefit
analysis,
for
proposed
and
final
rules
with
"
Federal
mandates"
that
may
result
in
expenditures
to
State,
local,
and
tribal
governments,
in
the
aggregate,
or
to
the
private
sector,
of
$
100
million
or
more
i
n
any
one
yeas.
Before
promulgating
an
EPA
rule
for
which
a
written
statament
is
needed,
section
205
of
tha
UMRA
generally
requires
EPA
to
identify
and
consider
a
reasonable
number
of
regulatory
alternatives
and
adopt
the
least
costly,
most
cast­
effective
or
least
burdensome'alternative
that
achieves
the
objectives
of
the
rule.
The
provisions
of
section
205
do
not
apply
when
they
are
inconsistent
with
applicable
law.
Moreover,
section
205
allows
EPA
to
adopt
an
alternative
other
than
the
least
costly,
most
cost­
effective
or
least
burdensome
alternative
if
the
Administrator
publishes
with
the
final
rule
an
explanation
why
that
alternative
was
not
adopted.
Before
EPA
establishes
any
regulatory
requirements
that
may
significantly
or
uniquely
affect
small
governments,
including
trihal
goveriiments,
it
must
have
developed
under
section
203
of
the
Uh4RA
a
small
government
agency
plan.
The
plan
must
provide
for
notifying
potentially
affected
small
governments,
enabling
officials
of
affected
small
governments
to
have
meaningful
and
timely
input
in
the
development
of
EPA
regulatory
proposals
with
significant
Federal
intergovernmental
mandates,
and
informing,
educating.
and
advising
small
governments
on
compliance
with
the
re
ulatnr
requirements.
Todgay's
d
e
contains
no
Federal
mandates
(
under
theregulatory
provisions
oETitle
IIof
the
UMRAl
for
State,
local,
or
trihal
governments
or
the
privete
sector
because
the
rule
implements
mandate($
specifically
and
explicitly
set
iorth
by
the
Congress
without
the
exercise
of
any
policy
discretion
by
EPA.
Thus,
today's
rule
is
not
subject
to
the
requirements
of
sections
202
and
205
of
the
UXIRA.
EPA
has
determined
that
this
rule
contains
no
regulatory
requirements
that
might
significantly
or
uniquoly
affect
small
governments.
'
Executive
Order
13175,
entitled
Consultation
and
Coordination
with
Indian
Tribal
Governments
(
65
FR
67249,
November
9,
ZOOO),
requires
EPA
to
develop
an
accountable
process
to
ensure
"
nieaningful
and
timely
input
by
tribal
officials
in
tho
development
of
regulatory
policies
that
have
tribal
implications."
As
this
direct
final
rule
will
not
have
substantial
direct
effects
on
tribal
governments,
on
the
relationship
between
the
Federal
government
and
Indian
tribes.
or
on
the
distribution
of
power
and
responsibilities
between
lhe
Federal
government
and
Indian
tribes,
Executive
Order
13175
does
not
apply
to
this
rule.
Executive
Order
13132,
mititled
Federalism
(
64
FR
43255,
August
10,
1999),
requires
EPA
to
develop
an
accountable
process
to
ensure
"
meaningful
and
timely
input
by
State
and
local
officials
in
the
development
of
regulatory
policies
that
have
federalism
implications."
"
Policies
that
have
federalism
implications"
is
defined
in
thc
Executive
Order
to
include
regulations
that
have
"
substantial
direct
effects
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."
This
rule
does
not
have
federalism
implications.
It
will
not
have
substantial
direct
effects
on
the
States,
on
the
relationship
between
the
national
government
and
the
States,
nr
on
the
distribution
of
power
and
responsihilities
among
the
various
levels
of
government,
as
specified
in
executive
Order
13132.
Thus,
Executive
Ordsr
13132
does
not
apply
tn
this
rule.
The
Regulatory
Flexibility
Act,
8s
amended
by
the
Small
Business
Regulatory
Enforcement
Fairness
Act
of
1996
[
SEREFA),
5
U.
S.
C.
GO1
et
seq.,
generally
requires
an
agency
to
prepare
a
regulatory
flexibility
analysis
of
any
rule
subject
to
notice
and
comment
rulemaking
requirements
unless
the
agency
certifies
that
the
rule
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Small
entities
include
small
businesses,
small
organizations,
and
small
governmental
jurisdictions.
For
purposes
of
assessing
the
impacts
of
today's
rule
on
small
entities,
small
,
Federal
RegisterIVol.
67,
No.
117/
Tuesday,
June
18,
2002
/
Rules
and
Regulations
41345
7
U.
S.
C.
1361.(
a)(
l)
.........................
entity
is
defined
as
(
1)
a
small
business;
(
2)
a
small
governmental
jurisdiction
that
is
a
government
of
a
city.
county,
town
school
district
or
special
district
with
a
population
of
less
than
50,000;
and
(
3)
a
small
organization
that
is
any
not­
for­
profit
enterprise
which
is
independently
owned
and
operated
and
is
not
dominant
in
its
field.
This
action
will
not
have
a
significant
impact
on
a
substantial
number
of
small
entities
for
the
following
reasons:
EPA
is
required
by
the
DCIA
to
adjust
civil
monetary
penalties
for
inflation.
The
formula
for
the
amount
of
the
penalty
adjustment
is
prescribed
by
Congress
and
is
not
subject
to
the
exercise
of
discretion
by
EPA.
EPA's
action
implements
this
statutory
mandate
and
does
not
substantively
alter
the
existing
regulatory
framework.
This
rule
does
not
affect
mechanisms
already
in
place.
including
statutory
provisions
and
EPA
policies,
that
address
the
special
circumstances
of
small
entities
when
assessing
penalties
in
enforcement
actions.
EPA's
media
penalty
policies
generally
take
into
account
an
entity's
"
ability
to
pay"
in
determining
the
amount
of
a
penalty.
In
addition,
entities
may
he
affected
by
this
rule
only
if
the
federal
government
finds
them
in
violation
and
seeks
monetary
penalties.
This
would
constitute
a
very
small
fraction
of
the
universe
of
regulated
facilities.
Additionally,
the
final
amount
of
any
civil
penalty
assessed
against
a
violator
remains
committed
to
the
discretion
of
the
Federal
Judge
or
Administrative
Law
Judge
hearing
a
particular
case.
Accordingly,
although
EPA
cannot
predict
the
precise
impact
on
individual
cases,
the
adjustment
is
likely
to
result
in
at
most
a
relatively
minor
change
to
the
actual
penalties
in
cases
affecting
a
small
fraction
of
regulated
entities.
After
considering
the
economic
impacts
of
today's
rule
on
small
entities,
I
certify
that
this
action
will
not
have
a
significant
economic
impact
on
a
substantial
number
of
small
entities.
Executive
Order
13045,
Protection
of
Children
from
Environmental
health
Risks
and
Safety
Risks
(
62
FR
19885,
April
23,1997).
applies
to
any
rule
that:
(
11
Is
determined
to
he
"
economically
significant"
as
defined
under
Executive
Order
12866,
and
(
2)
concerns
an
environmental
health
or
safety
risk
that
EPA
has
reason
to
believe
may
have
a
disproportionate
effect
on
children.
If
the
regulatory
action
meets
both
criteria,

FEDERAL
INSECTICIDE,
FUNGICIDE,
8
RODENTICIDE
ACT
CIVIL
6,200
the
Agency
must
evaluate
the
envirimmental
health
or
safety
effects
(

tlie
planned
rule
on
children.
and
explain
why
the
planned
rcgulation
is
preferablo
to
other
polentially
effective
and
reasonably
feasible
alternatives
considered
by
the
Agency.
EPA
interprets
Executive
Order
13045
as
is
published
in
the
Federal
Register.
This
action
is
not
a
"
major
rule"
as
defined
by
5
U.
S.
C.
804(
2).
For
the
reasons
outlined
above.
however,
this
action
will
take
effect
August
19,
2002.

List
of
Subjects
4OCFRPori19
)
f
'

Environmental
protection,
Administrative
practice
and
procedure,
Penalties.

40
CFR
Pari
27
Administrative
practice
and
procedure,
Assessments,
False
claims,
False
statements,
Penalties.
,

Dated:
May
31.2002.
Christine
Todd
Whitman,
Administrator,
Envimnmentol
Protection
Agency.

preamble,
title
40,
chapter
I
of
the
Code
of
Federal
Regulations
is
amended
as
follows:
1.
Revise
part
19
to
read
as
follows:
For
the
reasons
set
out
in
the
PART
19­
ADJUSTMENT
OF
CIVIL
MONETARY
PENALTIES
FOR
applying
only
to
those
re
ulatory
risks,
such
that
the
analysis
required
under
section
5­
501
of
the
Order
has
the
potential
to
influence
the
regulation.
This
rule
is
not
subject
to
Executive
Order
13045
because
it
does
not
establish
an
environmental
standard
intended
to
mitigate
health
or
safety
risks.
Because
this
action
does
not
involve
technical
standards,
EPA
did
not
consider
the
use
of
any
voluntary
consensus
standards
under
the
National
Technology
Transfer
and
Advancement
Act
of
1995
(
15
U.
S.
C.
272
note).
This
action
does
not
impose
an
information
collection
burden
under
the
provisions
of
the
Paperwork
Reduction
Act
(
44
U.
S.
C.
3501
et
seq.)
because
it
does
not
require
persons
to
obtain,
maintain,
retain,
report,
or
publicly
disclose
information
to
or
for
a
Federal
agency.
Nor
does
it
require
any
special
considerations
under
Executive
Order
Set.
12898.
entitled
Federal
Actions
to
Address
Environmental
Justice
in
19.3
[
Reserved]
Minority
Populations
and
Low­
Income
Populations
`
59
7629'
16'
Authority:
Pub.
L.
101­
410.28
U.
S.
C.
2461
1994).
This
action
is
not
subject
to
Executive
Order
13211,
Actions
Concerning
Regulations
That
p19.1
Applicability.
Significantly
Affect
Energy
Supply,
This
part
applies
to
each
statutory
Distribution,
or
Use
(
66
FR
28355,
May
provision
under
the
laws
administered
22,2001)
because
it
is
not
a
significant
regulatory
action
under
Executive
Order
the
Protection
concerning
the
maximum
civil
monetary
penalty
which
may
he
12866.

Congressional
Review
Act
assessed
in
either
civil
judicial
or
administrative
proceedings
U.
S.
C.
801
et
seq.,
as
added
by
the
Small
019,2
Effective
date,
Business
Regulatory
Enforcement
Fairness
Act
of
1996,
generally
provides
The
increased
penalty
set
that
before
a
rule
may
take
effect,
the
forth
in
this
Part
apply
to
all
violations
agency
promulgating
the
rule
must
under
the
applicable
statutes
and
copy
of
the
rule,
to
each
House
of
the
.
2o02.
Congress
and
to
the
Comptroller
General
619.3
peseweq
of
the
United
States.
EPA
will
submit
a
report
containing
this
rule
and
other
required
information
to
the
US.
Senate.
the
US.
House
of
Representatives,
and
the
Comptroller
General
of
the
United
States
prior
to
publication
of
the
rule
in
the
Federal
Register.
A
major
rule
cannot
take
effect
until
60
days
after
it
actions
that
are
based
on
a
ealth
or
safety
INFLATION
19.1
A
plicability.
19.2
Ekctive
Date.

19.4
penalty
adjustment
and
table.

note;
Pub.
L.
104­
134,
31
U.
S.
C.
3701
note.

The
Congressional
Review
Act,
5
a
rule
which
includes
a
regulations
which
occur
after
August
19,

019.4
Penalty
adjustment
and
table.
The
adjusted
statutory
penalty
provisions
and
their
maximum
applicable
amounts
are
set
out
in
Table
1.
The
last
column
in
the
table
provides
the
newly
effective
maximum
penalty
amounts.

TABLE
1.
OF
SECTiON
19.4.­
cIVIL
MONETARY
PENALTY
INFLATION
ADJUSTMENTS
I
New
maximum
penal&
amount
ldoilaml
US.
Code
citation
I
Civil
monetary
penalty
description
­

U.
S.
Code
citation
41346
Federal
Re&
ter/
Vol.
67,
No.
117
/
Tuesday,
June
18.
2002
/
Rules
and
Regulations
7
U.
S.
C.
136I.(
a)(
2)
........................

15
U.
S.
C.
2615(
a)
..........................
15
U.
S.
C.
2647(
a)
..........................

31
U.
S.
C.
3802(
a)(
1)
......................

31
U.
S.
C.
3802(
a)(
2)
........
:.............

33
U.
S.
C.
1319(
d)
..........................
33
U.
S.
C.
1319(
g)(
Z)(
A)
.................

33
U.
S.
C.
1319(
g)(
2)(
B)
.................

33
U.
S.
C.
1321(
b)(
6)(
8)(
1)
.............

33
U.
S.
C.
1321(
b)(
6)(
E)(
ii)
.............

33
U.
S.
C.
1321(
b)(
7)(
A)
___..............

33
U.
S.
C.
1321(
b)(
7)(
B)
.................

33
U.
S.
C.
1321(
b)(
7)(
C)
.................

33
U.
S.
C.
1321(
b)(
7)(
D)
.................

33
U.
S.
C.
1414b(
d)
........................

33
U.
S.
C.
1415(
a)
..........................

42
U.
S.
C.
300g3(
b)
......................

42
U.
S.
C.
300*
3(
c)
......................

42
U.
S.
C.
300*
3(
g)(
3)(
A)

42
U.
S.
C.
300p3(
g)(
3)(
B)

42
U.
S.
C.
300*
3(
g)(
3)(
C)
.............,

42
U.
S.
C.
300h­
Z(
b)(
l)
...................

42
U.
S.
C.
300M(
c)(
l)
................_..

42
U.
S.
C.
3OOh­
Z(
c)(
2)
...................

42
U.
S.
C.
300M(
c)(
l)
...................

42
U.
S.
C.
300h­
3(
c)(
2)
...................

42
U.
S.
C.
300i(
b)
............................

42
U.
S.
C.
300cl(
c)

42
U.
S.
C.
300j(
e)(
2)

42
U.
S.
C.
300j­
4(
c)
........................

42
U.
S.
C.
300@(
b)(
2)
....................

42
U.
S.
C.
300j­
23(
d)
......................

42
U.
S.
C.
4852d(
b)(
5)
........___.........,

42
U.
S.
C.
4910(
a)(
2)
42
U.
S.
C.
6926(
a)(
3)

42
U.
S.
C.
6928(
c)
.........
Civil
monetaly
penalty
description
FEDERAL
INSECTICIDE,
FUNGICIDE,
a
RODENTICIDE
ACT
civiL
PENALTY4RIVATE
APPLICATORS­
FIRST
AND
SUESE­

'
QUENT
OFFENSES
OR
VIOLATIONS.
TOXIC
SUBSTANCES
CONTROL
ACT
CIVIL
PENALTY
...................
ASBESTOS
HAZARD
EMERGENCY
RESPONSE
ACT
CIVIL
PEN­

PROGRAM
FRAUD
CIVIL
REMEDIES
ACTNIOLATION
INVOLVING
ALTY.

FALSE
CLAIM.

­.
.
­.
.
,
.
.
CLEAN
WATER
ACT
VIOLATIONICIVIL
JUDICIAL
PENALTY
OF
CLEAN
WATER
ACT
VIOLATIONICIVIL
JUDICIAL
PENALN
OF
SEC
3110).
CLEAN
WATER
ACT
VlOLATlONlMlNlMUM
CIVIL
JUDICIAL
PEN­
ALTY
OF
SEC
311(
b)(
3)­
PER
VIOLATION
OR
PER
BARREU
UNIT.
MARINE
PROTECTION,
RESEARCH
8
SANCTUARiES
ACT
VIOL
SEC
104b(
d).
MARINE
PROTECTION
RESEARCH
AND
SANCTUARIES
ACT
VIO­

SAFE
DRINKING
WATER
ACTlClVlL
JUDICIAL
PENALN
OF
SEC
SAFE
DRINKING
WATER
ACTICIVIL
JUDICIAL
PENALTY
OF
SEC
SAFE
DRINKING
WATER
ACTICIVIL
JUDICIAL
PENALTY
OF
SEC
SEC
311(
c)
a
(
e)(
I)(
E).

LATIONS­
FIRST
a
SUBSEQUENT
VIOLATIONS.

1414(
b).

1414(
c).

1414faM3Mal.
1
1
1
1
~
1
~
~
1
SAFE
DRINKING
WATER
ACTlMAXlMUM
ADMINISTRATIVE
PEN­

SAFE
DRINKING
WATER
ACTTHRESHOLD
REQUIRING
CIVIL
JU­

SDWNCIVIL
JUDICIAL
PENALTYNIOLATIONS
OF
REQS­
UN­

SDWNClVlL
ADMIN
PENALNNIOLATIONS
OF
UIC
R
E
Q
W
E
R
SDWNClVlL
ADMlN
PENALNNIOLATIONS
OF
UIC
REQS­
PER
SDWANlOLATlONlOPERATlON
OF
NEW
UNDERGROUND
INJEC­

SDWANYILLFUL
VIOLATION/
OPERATION
OF
NEW
UNDER­

SDWNFAILURE
TO
COMPLY
WITH
IMMINENT
AND
SUESTAN­

SDWNAlTEMPTiNG
TO
OR
TAMPERING
WITH
PUBLIC
WATER
SDWNFAILURE
TO
COMPLY
WIORDER
ISSUED
UNDER
SEC.

SDWNREFUSAL
TO
COMPLY
WITH
REQS.
OF
SEC.
14451a1
OR
ALTIES
PER
SEC
1414(
g)(
3)(
E).

DICIAL
ACTION
PER
SEC
1414(
g)(
3)(
C).

DERGROUND
INJECTION
CONTROL
(
UIC).

VIOLATION
AND
MAXIMUM.

VIOLATION
AND
MAXIMUM.

TION
WELL.

GROUND
INJECTION
WELL.

TlAL
ENDANGERMENT
ORDER.

SYSTEWCIVIL
JUDICIAL
PENALTY.

1441(
C)(
l).
.
.
(
b).
SDWNFAILURE
TO
COMPLY
WITH
ADMIN.
ORDER
ISSUED
TO
SDWANlOLATlONSlSECTlON
1463(
bHlRST
OFFENSHREPEAT
FEDERAL
FACILITY.

OFFFNSF
I
­
.
.
_.
RESIDENTIAL
LEAD­
BASED
PAINT
HAZARD
REDUCTION
ACT
OF
NOISE
CONTROL
ACT
OF
19724IVIL
PENALTY
...........................
1992.
SEC
IOIB­
CIVIL
PENALTY.

RESOURCE
CONSERVATION
a
RECOVERY
ACTNIOLATION
SUBTITLE
C
ASSESSED
PER
ORDER.

COMPLIANCE
ORDER.
RES.
CONS.
8
REC.
ACTICONTINUED
NONCOMPLIANCE
OF
1992
SEC
i
n
i
g
i
v
i
i
PFNAI
TY
.
.
­
­.
.
.
.
.
.
.
.
.­
.
­.
..
.­
.
.
.
New
maximum
penalty
amount
(
dollan)

63011,300
31,500
6,200
6,200
6.200
31,500
12,000/
31.600
12,0001157,500
12,000131,500
12.0001157.560
31.500
or
1,300
per
barrel
or
unit
31.500
31.500
125,000
or
3,700
per
barrel
or
unit
750
62,0001157.500
31.500
31,500
31.500
~,
200128.000
28.000
31,500
12,0001157,500
3,20011
57.500
3,200
12.000
17.000
25,000162,000
3.150
31,500
!
6.000
~.
200162,000
12.000
12,000
31,500
31,500
1
Federal
Register/
Vol.
67,
No.
117/
Tuesday,
June
18,
20021Rules
and
Regulations
41347
U.
S.
Code
citation
42
U.
S.
C.
6928(
g)
...........................

42
U.
S.
C.
6928(
h)(
2)

42
U.
S.
C.
6934(
e)

42
U.
S.
C.
6973(
b)

42
U.
S.
C.
6991e(
a)(
3)

42
U.
S.
C.
6991e(
d)(
l)

42
U.
S.
C.
6991e(
d)(
2)

42
U.
S.
C.
6992d(
a)(
2)

42
U.
S.
C.
6992d(
a)(
4)
.....................

42
U.
S.
C.
6992d(
d)
.........................

42
U.
S.
C.
7413(
b)
...........................

42
U.
S.
C.
7413(
d)(
i)
..............
:
........

42
U.
S.
C.
7413(
d)(
3)
.......................

42
U.
S.
C.
7524(
a)
...........................

42
U.
S.
C.
7524(
a)
...........................

42
U.
S.
C.
7524(
c)
...........................

42
U.
S.
C.
7545
d
42
U.
S.
C.
9604{
e](

42
U.
S.
C.
9606(
b)(
l)
.......................

42
U.
S.
C.
9609(
a)
8
(
b)
............__._..

42
U.
S.
C.
9609
b
42
U.
S.
C.
96091~
1
...........................

42
U.
S.
C.
9609(
c)
...........................

42
U.
S.
C.
11045(
a)
8
(
b)(
l).
(
2)
8
(
3).
42
U.
S.
C.
11045(
bp)
a
(
3)
...........

42
U.
S.
C.
11045(
c)(
I)

42
U.
S.
C.
11045(
c)(
2)
.....................

42
U.
S.
C.
11045(
d)(
l)
.....................
Civil
monetary
penalty
description
RESOURCE
CONSERVATION
a
RECOVERY
ACTNIOLATION
RES.
CONS.
a
REC.
ACTINONCOMPLIANCE
OF
CORRECTIVE
RES.
CONS.
a
REC.
ACTINONCOMPLIANCE
WITH
SECTION
3013
RES.
CONS.
a
REC.
ACTNIOLATIONS
OF
ADMINISTRATIVE
RES.
CONS.
a
REC.
ACTINONCOMPLIANCE
WITH
UST
ADMINIS­

RES.
CONS.
a
REC.
ACTIFAILURE
TO
NOTIFY
OR
FOR
SUBMIT­
SUBTITLE
C.

ACTION
ORDER.

ORDER.

ORDER.

TRATIVE
ORDER.

TlNG
FALSE
INFORMATION.

MENTS.

ASSESSED
THRU
ADMlN
ORDER.

ADMINISTRATIVE
ORDER.

ClAL
PENALTIES.

TIONARY
AIR
POLLUTION
SOURCEUUDICIAL
PENALTIES.

TIONARY
AIR
POLLUTION
SOURCEWDMINISTRATIVE
PEN­

CLEAN
AIR
ACTMNOR
VIOLATIONS/
STATIONARY
AIR
POLLU­
TION
SOURCES­
FIELD
CITATIONS.
TAMPERING
OR
MANUFACTUREEALE
OF
DEFEAT
DEVICES
IN
VIOLATION
OF
7522(
a
(
3
(
A
OR
(
a)(
3
B)­
BY
PERSONS.
VIOLATION
OF
7522(
a)(&
A)
b
R
(
a)(
3)(&
BY
MANUFACTURERS
OR
DEALERS:
ALL
VIOLATIONS
OF
7522(
a)(
I),
(
2).
(
4).
8
(
5)
BY
ANYONE.
ADMINISTRATIVE
PENALTIES
AS
SET
IN
7524(
a)
8
7545(
d)
WITH
A
MAXIMUM
ADMINISTRATIVE
PENALTY
VIOLATIONS
OF
FUELS
REGULATION
RCWIOLATIONS
OF
SPECIFIED
UST
REGULATORY
REQUIRE­

RCWNONCOMPLIANCE
WlMEDlCAL
WASTE
TRACKING
ACT
RCWNONCOMPLIANCE
WlMEDlCAL
WASTE
TRACKING
ACT
RCRANIOLATIONS
OF
MEDICAL
WASTE
TRACKING
ACTAUDI­

CLEAN
AIR
ACTNIOLATION~
OWNERS
a
OPERATORS
OF
STA­

CLEAN
AIR
ACTNIOLATIONIOWNERS
a
OPERATORS
OF
STA­

ALTIES
PER
VIOLATION
a
MAX.

SUPERFUND'AMEND.
a
REAUTHOR
ANCE
WIREQUEST
FOR
INFO
OR
ACCESS.

TIAL
ENDANGERMENT.

SECT.
9603,
9608.
OR
9622.
SUPERFUNDNVORK
NOT
PERFORMED
W/
IMMINENT.
SUBSTAN­

SUPERFUNDIADMIN.
PENALTY
VIOLATIONS
UNDER
42
U.
S.
C.

SUPERFUNDIADMIN.
PENALTY
VIOLATIONMUBSEQUENT
.....,
SUPERFUNDICIVIL
JUDICIAL
PENALTYNIOLATIONS
OF
SECT.

SUPERFUNDlClVlL
JUDICIAL
PENALTYEUBSEQUENT
VIOLA­

EMERGENCY
PLANNING
AND
COMMUNITY
RIGHT­
TO­
KNOW
9603,
9608,
9622.

TIONS
OF
SECT.
9603,
9608.
9622.

ACT
CLASS
I
a
II
ADMINISTRATIVE
AND
CIVIL
PENALTIES.
EPCRA
CLASS
I
a
II
ADMINISTRATIVE
AND
CIVIL
PENALTIES­
SUBSEQUENT
VIOLATIONS.
EPCRA
CIVIL
AND
ADMINISTRATIVE
REPORTING
PENALTIES
FOR
VIOLATIONS
OF
SECTIONS
11022
OR
11023.
EPCRA
CIVIL
AND
ADMINISTRATIVE
REPORTING
PENALTIES
FORVIOLATIONS
OF
SECTIONS
11021
OR
11043(
b).
EPCRA4RIVOLOUS
TRADE
SECRET
CLAIMS­
CIVIL
AND
AD­
MINISTRATIVE
PENALTIES.
New
maximum
penally
amount
(
dollars)

31,500
31.500
6,200
6,200
31,500
12,000
12,000
31.500
31.500
31,500
31.500
31,5001250,000
6.200
3.150
31,500
250,000
31,500
31,500
31,500
31,500
92,500
31.500
92,500
31,500
92,500
31,500
12,000
$
31.500
PART
27+
AMENDED]

2.
The
authority
citation
for
part
27
continues
to
read
as
follows:

Authority:
31
U.
S.
C.
3601­
3812:
Pub.
L.
101­
410.104
Stat.
690,
28
U.
S.
C.
2461
note;
Pub
L.
104­
134.110
Stat.
1321,
31
U.
S.
C.
3701
note.

3.
Section
27.3
is
amended
by
revising
paragraphs
(
a)(
l)(
iv)
and
(
b)(
l)(
ii)
to
read
as
follows:
021.3
Bask
for
civil
penalties
and
assessments.

(
a)
*
*
(
1)
*
f
*
(
iv)
Is
for
payment
for
the
provision
of
property
or
services
which
the
person
has
not
provided
as
claimed,
shall
he
subject.
in
addition
to
any
other
remedy
that
may
be
prescribed
by
law,
to
a
civil
penalty
of
not
more
than
$
6,200
1
for
each
such
claim.
*
.
*
*
*
(
b)
*
*
*
(
1)
*
*
(
ii)
Contains,
or
is
accompanied
by,
an
express
certification
or
affirmation
of
2
As
adjusted
in
accordance
with
ths
Federal
Civil
Penellies
Inflation
Adjustment
Act
of
1990
[
pub.
L.
101­
410.104
Stst.
8901,
as
amended
by
the
Deb1
Collection
hpmvemenl
Act
of
1996
(
Pub.
L.
104­
134,110Slat.
1321).
41348
.
Federal
Register/
Vol.
67,
No.
117/
Tuesday,
June
18,
20021Rules
and
Regulations
the
truthfulness
and
accuracy
of
the
contents
of
the
statement,
shall
be
subject,
in
addition
to
any
other
remedy
that
may
he
prescribed
by
law,
to
a
civil
penalty
of
not
more
than
$
6,2002
for
each
such
statement.

[
FR
Doc.
02­
15190
Filed
6
1
7
4
2
:
8:
45
aml
BlLUNG
CODE
w.
'

*
*
*
.
.

DEPARTMENT
OF
TRANSPORTATION
National
Highway
Traffic
Safety
Administration
49
CFR
Pad
571
[
Docket
No.
02­
124801
RIN
2127­
Al86
Federal
Motor
Vehicle
Safety
Standards;
Head
Impact
Protection
AGENCY:
National
Highway
Traffic
Safety
Administration
(
NHTSA],
Department
of
Transportation
[
DOT).
ACTION:
Interim
final
rule,
request
for
comments.

SUMMARY:
This
interim
final
rule
amends
the
schedule
for
compliance
by
manufacturers
of
vehicles
built
in
two
or
more
stages
with
the
upper
interior
~

head
protection
requirements
of
Federal
Motor
Vehicle
Safety
Standard
No.
201,
Occupant
Protection
in
Interior
impact.
This
intbrim
final
rule
delays
the
date
on
which
manufacturers
of
vehicles
built
in
two
or
more
stages
must
produce
vehicles
meeting
the
upper
interior
head
protection
performance
requirements
of
Standard
No.
201
from
September
1.
2002,
until
September
1,
2003.
The
agency
is
issuing
this
interim
final
rule
to
provide
the
agency
time
to
complete
a
rulemakiing
action
initiated
by
petitions
for
rulemaking
requesting
that
NHTSA
consider
modifying
the
requirements
of
Standard
No.
201
as
they
apply
to
vehicles
manufactured
in
two
or
more
stages.
As
that
rulemaking
action
may
result
in
modification
of
Standard
No.
201
as
it
applies
to
these
multi­
stage
vehicles,
the
agency
has
decided
to
extend
the
compliance
date
until
the
final
action
is
taken
on
the
petitions,
It
expects
to
take
final
action
before
September
1,2003.
DATES:
This
interim
final
rule
becomes
effective
on
July
18,2002.
Comments
on
this
interim
rule
are
due
no
later
than
August
19,2002.

Penalties
Innation
Adjusunenl
Act
of
1990
(
Pub.
L.
101­
410.104
Stet.
890).
as
amended
by
the
DBbt
Collection
lmpmvernent
Act
of
1996
(
Pub.
L.
104­
134.110StBl.
13211.
'
As
adjusted
in
accordance
wilh
ths
Federal
Civil
ADDRESSES:
You
may
submit
your
comments
in
writing
or
electronically.
Written
comments
should
refer
to
the
docket
number
of
this
notice
and
he
submitted
(
preferably
in
two
copies1
to:
Docket
Management,
P­
01,
Nassif
Building,
400
Seventh
Street,
SW.,
Washington,
DC
20590.
(
Docket
hours
are
Monday­
Friday
from
10
a.
m.
to
5
pm.,
excluding
holidays.)
Electronic
comments
can
he
submitted
through
the
worldwide
web
at
http://
dms.
dot.
gov.
FOR
FURTHER
INFORMATION
CONTACT,:
For
non­
legal
issues,
you
may
call
Dr.
William
Fan,
Office
of
Crashworthiness
Standards,
at
(
202)
366­
4922,
facsimile
(
202)
3664329.
For
legal
issues,
you
may
call
Otto
Matheke,
Office
of
the
Chief
Counsel,
at
202­
366­
5263.
SUPPLEMENTARY
INFORMATION:

Table
of
Cantents
added
proc6dures
for
a
new
in­
vehicle
component
test
in
which
a
Free
Motion
Headform
(
m)
is
fired
at
certain
target
locations
on
the
upper
interior
of
a
vehicle
at
an
impact
speed
of
up
to
and
including
24
kmlh
(
15
mph).
Data
collected
from
a
FMH
impact
are
translated
into
a
value
known
as
a
Head
Injury
Criterion
(
HIC]
score.
The
resultant
HIC
must
not
exceed
1000.

April
8.1997
(
62
FR
16718).
provides
manufacturers
with
four
alternate
phase­
in
schedules
for
complying
with
the
upper
interior
impact
requirements.
First,
as
set
forth
in
S6.1.1.
manufacturers
may
comply
by
having
the
following
percentages
of
their
production
meet
the
upper
interior
impact
requirements:
10
percent
of
production
on
or
after
September
1.
1998
and
before
September
1,1999;
25
percent
of
production
on
or
after
September
I,
1999
and
before
September
1,2000,
40
percent
of
production
on
or
after
September
1,
2000
and
before
Seotemher
1.2001.70
The
standard.
as
further
amended
on
­.
.
.
.
_.
.
111.
Standard
201
and
Vehicles
Built
in
Two
or
More
Stages
IV.
Interim
Final
Rule
percent
of
productibn
on
or
after
September
1,2001
and
before
Seutember
1.2002.
and
100
nercent
of
V
Written
Comments
VI
Regulatury
Analyses
nnd
Notices
prbduction
after
Scptembcr
i,
2002.
Second,
an
alternative
schedule
set
I.
Background
18,
1995,
amending
Federal
Motor
Vehicle
Safety
Standard
No.
201.
Occupant
Protection
in
Interior
Impact,
to
require
passenger
cars,
and
trucks,
buses
and
multipurpose
passenger
vehicles
with
a
gross
vehicle
weight
rating
of
4,536
kilograms
(
10,000
pounds)
or
less,
to
provide
head
protection
during
a
crash
when
an
occupant's
head
strikes
the
upper
interior,
i.
e.,
the
roof
pillars,
side
rails,
headers.
and
the
roof
itself
of
the
vehicle.
(
60
FR
430341)
The
final
rule
responded
to
the
NHTSA
Authorization
Act
of
1991
(
sections
2500­
2509
of
the
Internodal
Surface
Transportation
Efficiency
Act
("
ISTEA']),
Pub.
L.
102­
240).
ISTEA
required
NHTSA
to
address
several
vehicle
safety
matters
through
rulemaking.
One
of
these
matters,
set
forth
in
section
2503(
5),
is
improved
bead
impact
protection
from
interior
components
(
i.
e,,
roof
rails,
pillars,
and
front
headers)
of
passenger
cars.
The
final
rule,
which
mandated
compliance
with
the
new
requirements
beginning
on
September
1,
1998,
significantly
expanded
the
scope
of
Standard
201.
Previously,
the
standard
applied
to
the
instrument
panel,
seat
hacks,
interior
compartment
doors,
arm
rests
and
sun
visors.
To
determine
compliance
with
the
upper
interior
impact
requirements,
the
final
rule
NHTSA
issued
a
final
rule
on
August
forth
in
56.1.2
provides
that
manufacturers
may
comply
hy.
meeting
the
following
phase­
in
schedule:
7
percent
of
the
vehicles
manufactured
on
or
after
September
1,1998
and
before
September
1,1999;
31
percent
of
vehicles
manufactured
on
or
after
September
1,1999
and
before
September
1,2000:
40
percent
of
vehicles
manufactured
on
or
after
September
1,2000
and
before
September
1,2001;
70
percent
of
vehicles
manufactured
on
or
after
September
1.2001
and
before
September
1.2002;
and
100
percent
of
all
vehicles
manufactured
after
Se
temher
1,
2002.
fhird,
under
the
phase­
in
schedule
set
forth
in
S6.1.3,
manufacturers
need
not
produce
any
complying
vehicles
before
September
1,
1999.
However,
all
vehicles
produced
on
or
after
that
date
must
comply.
Fourth,
56.1.4
of
the
April
8,1997
final
rule
provided
that
multi­
stage
vehicles
produced
after
September
1,
2002,
were
required
to
comply.
11.
Petitions
for
Rulemaking
The
Recreation
Vehicle
Industry
Association
(
RVIA)
filed
a
petition
for
rulemaking
on
October
4,2001
requesting
that
the
agency
modify
Standard
No.
201
to
exclude
conversion
vans
and
motor
homes
with
gross
vehicle
weight
rating
of
4,536
kilograms
(
10,000
pounds)
or
less,
from
the
application
of
the
upper
interior
head
