Civil Monetary Penalty Annual Inflation Adjustment
| Published date | 30 August 2019 |
| Citation | 84 FR 45686 |
| Record Number | 2019-18780 |
| Section | Rules and Regulations |
| Court | National Transportation Safety Board |
Federal Register, Volume 84 Issue 169 (Friday, August 30, 2019)
[Federal Register Volume 84, Number 169 (Friday, August 30, 2019)]
[Rules and Regulations]
[Pages 45686-45687]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-18780]
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NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 831
[Docket No.: NTSB-GC-2019-0001]
RIN 3147-AA21
Civil Monetary Penalty Annual Inflation Adjustment
AGENCY: National Transportation Safety Board (NTSB).
ACTION: Final rule.
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SUMMARY: Pursuant to the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015, this final rule provides the 2018 and
2019 adjustments to the civil penalties that the NTSB may assess
against a person for violating certain NTSB statutes and regulations.
DATES: This final rule is effective on August 30, 2019.
ADDRESSES: A copy of this final rule, published in the Federal Register
(FR), is available for inspection and copying in the NTSB's public
reading room, located at 490 L'Enfant Plaza SW, Washington, DC 20594-
2003. Alternatively, a copy is available on the government-wide website
on regulations at http://www.regulations.gov (Docket ID Number NTSB-GC-
2019-0001).
FOR FURTHER INFORMATION CONTACT: Kathleen Silbaugh, General Counsel,
(202) 314-6080 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
Currently, the NTSB may impose a civil penalty up to $1,617 on a
person who violates 49 U.S.C. 1132 (Civil aircraft accident
investigations), 1134(b) (Inspection, testing, preservation, and moving
of aircraft and parts), 1134(f)(1) (Autopsies), or 1136(g) (Prohibited
actions when providing assistance to families of passengers involved in
aircraft accidents). 49 CFR 831.15.
The current maximum penalty amount was calculated after the passage
of the Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (the 2015 Act), which required agencies to: (1) Adjust the
level of civil monetary penalties with an initial ``catch-up''
adjustment through an interim final rulemaking (IFR); and (2) make
subsequent annual adjustment for inflation by January 15th every year.
OMB, M-16-06, Implementation of the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (Feb. 24, 2016).
At the time of the 2015 Act, the maximum civil penalty amount had
been $1,000. 49 U.S.C. 1155. Pursuant to the 2015 Act, the NTSB issued
an IFR on October 12, 2017 that calculated the agency's catch-up
adjustment and its 2017 annual inflation adjustment. Civil Monetary
Catch Up Inflation Adjustment and Annual Inflation Adjustment, 82 FR
47401 (Oct. 12, 2017). The catch-up adjustment increased the original
maximum penalty from $1,000 to $1,591. And the 2017 annual adjustment
increased the maximum civil penalty from $1,591 to $1,617. While the
IFR stated that the maximum civil penalty would be adjusted for
inflation by January 15, 2018, the agency did not publish subsequent
annual inflation adjustments.
The Office of Management and Budget (OMB) has since published
updated guidance for Fiscal Years 2018 and 2019. OMB, M-19-04,
Implementation of Penalty Inflation Adjustments for 2019, Pursuant to
the Federal Civil
[[Page 45687]]
Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 14,
2018); OMB, M-18-03, Implementation of Penalty Inflation Adjustments
for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015 (Dec. 15, 2017). Accordingly, this final
rule reflects the NTSB's 2018 and 2019 annual inflation adjustments,
which were due on January 15, 2018 and January 15, 2019, respectively.
This final rule updates the maximum civil penalty established by the
October 12, 2017 IFR.
No violations will be assessed at the 2018 inflation adjustment
amount. Nevertheless, the 2018 adjustment was used to calculate the
2019 maximum penalty amount, which ultimately increased the maximum
civil penalty from $1,617 to $1,692.
II. The 2018 and 2019 Annual Adjustments
The 2018 and 2019 annual adjustments are calculated by multiplying
the applicable maximum civil penalty amount by the cost-of-living
adjustment multiplier, which is based on the Consumer Price Index (CPI-
U), and rounding to the nearest dollar. OMB, M-19-04, Implementation of
Penalty Inflation Adjustments for 2019, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 14,
2018); OMB, M-18-03, Implementation of Penalty Inflation Adjustments
for 2018, Pursuant to the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015 (Dec. 15, 2017). The OMB annually
publishes guidance on the adjustment multiplier to assist agencies in
calculating the mandatory annual adjustments for inflation.
For the 2018 annual adjustment, the December 15, 2017 OMB annual
guidance states that the cost-of-living adjustment multiplier for 2018
is 1.02041. Multiplying $1,617 (the 2017 inflation adjustment amount)
by 1.02041 equals $1,650.00297, which rounded to the nearest dollar
equals $1,650. As explained above, no violations will be assessed at
this amount.
For the 2019 adjustment, the December 14, 2018 OMB annual guidance
states that the CPI-U multiplier for 2019 is 1.02522. Multiplying
$1,650 (the 2018 inflation adjustment amount) by 1.02522 equals
$1,691.613, which rounded to the nearest dollar equals $1,692. This
updated maximum penalty applies only to civil penalties assessed after
the effective date of this final rule. The next adjustment for
inflation will be calculated by January 15, 2020.
III. Regulatory Analysis
The Office of Information and Regulatory Affairs (OIRA)
Administrator has determined agency regulations that exclusively
implement the annual adjustment are consistent with OMB's annual
guidance, and have an annual impact of less than $100 million are
generally not significant regulatory actions under Executive Order
(E.O.) 12866. OMB, M-19-04, Implementation of Penalty Inflation
Adjustments for 2019, Pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (Dec. 14, 2018). An assessment
of its potential costs and benefits under E.O. 12866, Regulatory
Planning and Review and E.O. 13563, Improving Regulation and Regulatory
Review is not required because this final rule is not a ``significant
regulatory action.'' Likewise, this rule does not require analyses
under the Unfunded Mandates Reform Act of 1995 and E.O. 13771, Reducing
Regulation and Controlling Regulatory Costs because this final rule is
nonsignificant.
The NTSB does not anticipate this rule will have a substantial
direct effect on state government or will preempt state law.
Accordingly, this rule does not have implications for federalism under
E.O. 13132, Federalism.
This NTSB also evaluated this rule under E.O. 13175, Consultation
and Coordination with Indian Tribal Governments. The agency has
concluded that this final rule will not have a substantial direct
effect on one or more Indian tribes, on the relationship between the
Federal Government and Indian tribes, or on the distribution of power
and responsibilities between the Federal Government and Indian tribes.
The Paperwork Reduction Act of 1995 is inapplicable because the
final rule imposes no new information reporting or recordkeeping
necessitating clearance by OMB.
The Regulatory Flexibility Act of 1980 does not apply because, as a
final rule, this action is not subject to prior notice and comment. See
5 U.S.C. 604(a).
The NTSB has concluded that this final rule neither violates nor
requires further consideration under the aforementioned Executive
Orders and acts.
List of Subjects in 49 CFR Part 831
Aircraft accidents, Aircraft incidents, Aviation safety, Hazardous
materials transportation, Highway safety, Investigations, Marine
safety, Pipeline safety, Railroad safety.
Accordingly, for the reasons stated in the Preamble, the NTSB
amends 49 CFR part 831, as follows:
PART 831--INVESTIGATION PROCEDURES
0
1. The authority citation for part 831 continues to read as follows:
Authority: 49 U.S.C. 1113(f).
Section 831.15 also issued under Pub. L. 101-410, 104 Stat. 890,
amended by Pub. L. 114-74, sec. 701, 129 Stat. 584 (28 U.S.C. 2461
note).
Sec. 831.15 [Amended]
0
2. Amend Sec. 831.15 by removing the dollar amount ``$1,617'' and add
in its place ``$1,692''.
Robert L. Sumwalt, III,
Chairman.
[FR Doc. 2019-18780 Filed 8-29-19; 8:45 am]
BILLING CODE 7533-01-P
