Rule2024-00228
Civil Monetary Penalty Annual Inflation Adjustment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 9, 2024
Effective
January 9, 2024
Issuing agencies
National Transportation Safety Board
Abstract
Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2024 adjustment to the civil penalties that the agency may assess for violations of certain NTSB statutes and regulations.
Full Text
<html>
<head>
<title>Federal Register, Volume 89 Issue 6 (Tuesday, January 9, 2024)</title>
</head>
<body><pre>
[Federal Register Volume 89, Number 6 (Tuesday, January 9, 2024)]
[Rules and Regulations]
[Pages 1035-1036]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2024-00228]
[[Page 1035]]
=======================================================================
-----------------------------------------------------------------------
NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 831
[Docket No.: NTSB-2024-0001]
RIN 3147-AA24
Civil Monetary Penalty Annual Inflation Adjustment
AGENCY: National Transportation Safety Board (NTSB).
ACTION: Final rule.
-----------------------------------------------------------------------
SUMMARY: Pursuant to the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015, this final rule provides the 2024
adjustment to the civil penalties that the agency may assess for
violations of certain NTSB statutes and regulations.
DATES: This final rule is effective on January 9, 2024.
ADDRESSES: A copy of this final rule, published in the Federal Register
(FR), is available at <a href="https://www.regulations.gov">https://www.regulations.gov</a> (Docket ID Number
NTSB-2024-0001).
FOR FURTHER INFORMATION CONTACT: William Thomas (Tom) McMurry, Jr.,
General Counsel, (202) 314-6080 or <a href="/cdn-cgi/l/email-protection#d4a6a1b8b1b9b5bfbdbab394baa0a7b6fab3bba2"><span class="__cf_email__" data-cfemail="c6b4b3aaa3aba7adafa8a186a8b2b5a4e8a1a9b0">[email protected]</span></a>.
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) 2023,
allowing the agency to impose a civil penalty up to $1,993, effective
January 18, 2023 for violations involving 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, 88 FR 2858 (Jan. 18,
2023).
OMB has since published updated guidance for FY 2024. OMB, M-24-07,
Implementation of Penalty Inflation Adjustments for 2024, Pursuant to
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015 (Dec. 19, 2023). Accordingly, this final rule reflects the
NTSB's 2024 annual inflation adjustment and updates the maximum civil
penalty from $1,993 to $2,058.
II. The 2024 Annual Adjustment
The 2024 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-23-05, Implementation of Penalty
Inflation Adjustments for 2024, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Dec. 19, 2023). For
FY 2024, OMB's guidance states that the cost-of-living adjustment
multiplier is 1.03241.
Accordingly, multiplying the current penalty of $1,993 by 1.03241
equals $2,057.59313 which rounded up to the nearest dollar equals
$2,058. 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, 2025.
III. Regulatory Analysis
The Office of Information and Regulatory Affairs has determined
that agency regulations that exclusively implement the annual
adjustment are consistent with OMB's annual guidance, and have an
annual impact of less than $200 million are generally not significant
regulatory actions under Executive Order (E.O.) 12866. OMB, M-23-05,
Implementation of Penalty Inflation Adjustments for 2024, Pursuant to
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015 (Dec. 19, 2023). Thus, 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 because this final rule is not significant.
The Regulatory Flexibility Act (5 U.S.C. 801 et seq.) requires each
agency to review its rulemaking to assess the potential impact on small
entities, unless the agency determines a rule is not expected to have a
significant economic impact on a substantial number of small entities.
In accordance with 5 U.S.C. 605(b), the NTSB certifies that the final
rule will not have a significant economic impact on a substantial
number of small entities; only those entities that are determined to
have violated Federal law and regulations would be affected by the
increase in penalties made by this rule.
This final rule complies with all applicable standards in sections
3(a) and 3(b)(2) of E.O. 12988 ``Civil Justice Reform,'' to minimize
litigation, eliminate ambiguity, and reduce burden. In addition, the
NTSB has evaluated this rule under E.O. 12630, ``Governmental Actions
and Interference with Constitutionally Protected Property Rights''; and
E.O. 13045, ``Protection of Children from Environmental Health Risks
and Safety Risks.''
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 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).
[[Page 1036]]
Sec. 831.15 [Amended]
0
2. Amend Sec. 831.15 by removing the dollar amount ``$1,993'' and add
in its place ``$2,058''.
William T. McMurry, Jr.,
General Counsel.
[FR Doc. 2024-00228 Filed 1-8-24; 8:45 am]
BILLING CODE 7533-01-P
</pre><script data-cfasync="false" src="/cdn-cgi/scripts/5c5dd728/cloudflare-static/email-decode.min.js"></script></body>
</html>Indexed from Federal Register on January 9, 2024.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.