Civil Monetary Penalty Annual Inflation Adjustment

• Published date: 11 January 2021
• Citation: 86 FR 1809
• Record Number: 2021-00060
• Section: Rules and Regulations
• Court: National Transportation Safety Board

1809

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations

or adverse public impact. For current

public accessibility purposes, updated

internal agency policy on this topic may

be found in the Principles for Water and

Related Land Resources Implementation

Studies, related to the formulation of

recommended plans for water resources

development projects, and in Engineer

Regulation 1105–2–100, ‘‘Planning

Guidance Notebook’’ (available at

https://www.publications.

usace.army.mil/Portals/76/Publications/

EngineerRegulations/ER_1105-2-

100.pdf). Also, environmental

evaluation is required under the

National Environmental Policy Act

(NEPA) of 1969 (42 U.S.C. 4321–4347)

and is implemented by the U.S. Army

Corps of Engineers pursuant to 33 CFR

part 230, Procedures for Implementing

NEPA.

This rule removal is being conducted

to reduce confusion for the public as

well as for the Corps regarding the

current policy which governs the Corps’

use of Environmental Quality measures

in Corps projects as well as the current

policy for environmental evaluation.

The Procedures for Implementing NEPA

were updated after this regulation and

provide the current policy approach for

the Corps in their environmental

evaluation process. Because the

regulation does not place a burden on

the public, its removal does not provide

a reduction in public burden or costs.

This rule is not significant under

Executive Order (E.O.) 12866,

‘‘Regulatory Planning and Review.’’

Therefore, the requirements of E.O.

13771, ‘‘Reducing Regulation and

Controlling Regulatory Costs,’’ do not

apply. This removal supports a

recommendation of the DoD Regulatory

Reform Task Force.

List of Subjects in 33 CFR Part 236

Environmental protection, Water

resources.

PART 236—[REMOVED]

■Accordingly, for the reasons stated in

the preamble and under the authority of

5 U.S.C. 301, the Corps removes 33 CFR

part 236.

R.D. James,

Assistant Secretary of the Army (Civil Works).

[FR Doc. 2020–27912 Filed 1–8–21; 8:45 am]

BILLING CODE 3720–58–P

DEPARTMENT OF DEFENSE

Department of the Army, Corps of

Engineers

33 CFR Part 239

[COE–2019–0004]

RIN 0710–AA94

Water Resources Policies and

Authorities: Federal Participation in

Covered Flood Control Channels

AGENCY

: U.S. Army Corps of Engineers,

Department of Defense.

ACTION

: Final rule.

SUMMARY

: This final rule removes the

U.S. Army Corps of Engineers’ part

titled Water Resources Policies and

Authorities: Federal Participation in

Covered Flood Control Channels. Each

removed section of this part is outdated

in reference to engineering criteria and

requirements, and covers internal

agency operations that have no public

compliance component or adverse

public impact. Current policy and

procedures on this subject can be found

in internal documents. Therefore, this

part can be removed from the Code of

Federal Regulations (CFR).

DATES

: This rule is effective on January

11, 2021.

ADDRESSES

: Department of the Army,

U.S. Army Corps of Engineers, ATTN:

CECW–P (Ms. Amy Frantz), 441 G Street

NW, Washington, DC 20314–1000.

FOR FURTHER INFORMATION CONTACT

: Ms.

Amy Frantz at (202) 761–0106 or by

email at Amy.K.Frantz@usace.army.mil.

SUPPLEMENTARY INFORMATION

: This final

rule removes from the CFR 33 CFR part

239, Water Resources Policies and

Authorities: Federal Participation in

Covered Flood Control Channels. The

rule was initially published in the

Federal Register on October 13, 1978

(43 FR 47470), and amended on June 21,

1979 (44 FR 36175). The regulation

established policy for determining

Federal participation in covered flood

control channels. The regulation made

clear that if, during the planning

process, it appears that covered flood

control channels are desirable, reporting

officers may evaluate them and include

them when they best serve the public

interest. The regulation specified what

reports on proposals to provide covered

channels should include for engineering

considerations. It was published, at that

time, in the Federal Register to aid

public accessibility. The solicitation of

public comment for this removal is

unnecessary because the rule is

outdated in reference to engineering

criteria and requirements and covers

internal agency operations that have no

public compliance component or

adverse public impact. For current

public accessibility purposes, the

current policy on Federal participation

in flood control projects may be found

in Engineer Regulation 1165–2–21,

‘‘Flood Damage Reduction Measures in

Urban Areas,’’ dated October 30, 1980

(available at https://www.publications.

usace.army.mil/Portals/76/Publications/

EngineerRegulations/ER_1165-2-21.pdf);

and 33 CFR part 238, Flood Damage

Reduction Measures in Urban Areas.

The agency policy is only applicable to

field operating activities having Civil

Works responsibilities and provides

guidance specific to the Corps’

participation in urban flood damage

reduction projects.

This rule removal is being conducted

to reduce confusion for the public as

well as for the Corps regarding the

current policy which governs Federal

participation in covered flood control

channels. Because the regulation does

not place a burden on the public, its

removal does not provide a reduction in

public burden or costs.

This rule is not significant under

Executive Order (E.O.) 12866,

‘‘Regulatory Planning and Review.’’

Therefore, the requirements of E.O.

13771, ‘‘Reducing Regulation and

Controlling Regulatory Costs,’’ do not

apply. This removal supports a

recommendation of the DoD Regulatory

Reform Task Force.

List of Subjects in 33 CFR Part 239

Flood control.

PART 239—[REMOVED]

■Accordingly, for the reasons stated in

the preamble and under the authority of

5 U.S.C. 301, the Corps removes 33 CFR

part 239.

R.D. James,

Assistant Secretary of the Army (Civil Works).

[FR Doc. 2020–27911 Filed 1–8–21; 8:45 am]

BILLING CODE 3720–58–P

NATIONAL TRANSPORTATION

SAFETY BOARD

49 CFR Part 831

[Docket No.: NTSB–2021–0001]

RIN 3147–AA24

Civil Monetary Penalty Annual Inflation

Adjustment

AGENCY

: National Transportation Safety

Board (NTSB).

ACTION

: Final rule.

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1810

Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations

SUMMARY

: Pursuant to the Federal Civil

Penalties Inflation Adjustment Act

Improvements Act of 2015, this final

rule provides the 2021 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 11, 2021.

ADDRESSES

: A copy of this final rule,

published in the Federal Register (FR),

is available at http://

www.regulations.gov (Docket ID Number

NTSB–2021–0001).

FOR FURTHER INFORMATION CONTACT

:

Kathleen Silbaugh, General Counsel,

(202) 314–6080 or rulemaking@ntsb.gov.

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) 2020, allowing

the agency to impose a civil penalty up

to $1,722, effective January 15, 2020, 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, 85 FR 2319 (Jan. 15, 2020).

OMB has since published updated

guidance for FY 2021. OMB, M–21–10,

Implementation of Penalty Inflation

Adjustments for 2021, Pursuant to the

Federal Civil Penalties Inflation

Adjustment Act Improvements Act of

2015 (Dec. 23, 2020). Accordingly, this

final rule reflects the NTSB’s 2021

annual inflation adjustment and updates

the maximum civil penalty from $1,722

to $1,742.

II. The 2021 Annual Adjustment

The 2021 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–21–10, Implementation

of Penalty Inflation Adjustments for

2021, Pursuant to the Federal Civil

Penalties Inflation Adjustment Act

Improvements Act of 2015 (Dec. 23,

2020). For FY 2021, OMB’s guidance

states that the cost-of-living adjustment

multiplier is 1.01182.

Accordingly, multiplying the current

penalty of $1,722 by 1.01182 equals

$1,742.35, which rounded to the nearest

dollar equals $1,742. This updated

maximum penalty for the upcoming

fiscal year applies only to civil penalties

assessed after the effective date of the

final rule. The next civil penalty

adjustment for inflation will be

calculated by January 15, 2022.

III. Regulatory Analysis

The Office of Information and

Regulatory Affairs 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–21–10, Implementation

of Penalty Inflation Adjustments for

2021, Pursuant to the Federal Civil

Penalties Inflation Adjustment Act

Improvements Act of 2015 (Dec. 23,

2020). 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

■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).

§ 831.15 [Amended]

■2. Amend § 831.15 by removing the

dollar amount ‘‘$1,722’’ and adding in

its place ‘‘$1,742’’.

Robert L. Sumwalt III,

Chairman.

[FR Doc. 2021–00060 Filed 1–8–21; 8:45 am]

BILLING CODE 7533–01–P

DEPARTMENT OF COMMERCE

National Oceanic and Atmospheric

Administration

50 CFR Part 648

[Docket No. 221228–0362]

RIN 0648–BI80

Magnuson-Stevens Fishery

Conservation and Management Act

Provisions; Fisheries of the

Northeastern United States;

Amendment 8

AGENCY

: National Marine Fisheries

Service (NMFS), National Oceanic and

Atmospheric Administration (NOAA),

Commerce.

ACTION

: Final rule.

SUMMARY

: This rule implements

Amendment 8 to the Atlantic Herring

Fishery Management Plan. This

amendment specifies a long-term

acceptable biological catch control rule

for herring and addresses localized

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