Civil Monetary Penalty Annual Inflation Adjustment
| Citation | 85 FR 2319 |
| Record Number | 2020-00532 |
| Published date | 15 January 2020 |
| Section | Rules and Regulations |
| Court | National Transportation Safety Board |
Federal Register, Volume 85 Issue 10 (Wednesday, January 15, 2020)
[Federal Register Volume 85, Number 10 (Wednesday, January 15, 2020)]
[Rules and Regulations]
[Pages 2319-2320]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00532]
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NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 831
[Docket No.: NTSB-GC-2020-0001]
RIN 3147-AA22
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 2020
adjustment to the civil penalties that the agency may assess against a
person for violating certain NTSB statutes and regulations.
DATES: This final rule is effective on January 15, 2020.
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-
2020-0001).
FOR FURTHER INFORMATION CONTACT: Kathleen Silbaugh, General Counsel,
(202) 314-6080 or [email protected].
SUPPLEMENTARY INFORMATION:
I. Background
The Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015 (the 2015 Act) requires, in pertinent part, agencies to
make an 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). The Office of
Management and Budget (OMB) annually publishes guidance on the
adjustment multiplier to assist agencies in calculating the mandatory
annual adjustments for inflation.
The NTSB's most recent adjustment was for fiscal year (FY) 2019,
allowing the agency to impose a civil penalty up to $1,692, effective
August 30, 2019, 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). Civil
Monetary Penalty Annual Inflation Adjustment, 94 FR 45686 (Aug. 30,
2019).
OMB has since published updated guidance for FY 2020. OMB, M-20-05,
Implementation of Penalty Inflation Adjustments for 2020, Pursuant to
the Federal Civil Penalties Inflation
[[Page 2320]]
Adjustment Act Improvements Act of 2015 (Dec. 16, 2019). Accordingly,
this final rule reflects the NTSB's 2020 annual inflation adjustment
and updates the maximum civil penalty from $1,692 to $1,722.
II. The 2020 Annual Adjustment
The 2020 annual adjustment is calculated by multiplying the
applicable maximum civil penalty amount by the cost-of-living
adjustment multiplier, which is based on the Consumer Price Index and
rounding to the nearest dollar. OMB, M-20-05, Implementation of Penalty
Inflation Adjustments for 2020, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Dec. 16, 2019). For
FY 2020, OMB's guidance states that the cost-of-living adjustment
multiplier is 1.01764.
Accordingly, multiplying the current penalty of $1,692 by 1.01764
equals $1,721.84688, which rounded to the nearest dollar equals $1,722.
This updated maximum penalty for the upcoming fiscal year applies only
to civil penalties assessed after the effective date of this final
rule. The next civil penalty adjustment for inflation will be
calculated by January 15, 2021.
III. Regulatory Analysis
The Office of Information and Regulatory Affairs Acting
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-20-05, Implementation of Penalty Inflation
Adjustments for 2020, Pursuant to the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (Dec. 16, 2019). 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.
The 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 ``$1,692'' and add
in its place ``$1,722''.
Robert L. Sumwalt, III,
Chairman.
[FR Doc. 2020-00532 Filed 1-14-20; 8:45 am]
BILLING CODE 7533-01-P
