Notice2025-11418
Guidance on Referrals for Potential Criminal Enforcement
Primary source
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Published
June 23, 2025
Issuing agencies
National Transportation Safety Board
Abstract
This notice describes the NTSB's plans to address criminally liable regulatory offenses under the recent executive order on Fighting Overcriminalization in Federal Regulations. The NTSB is "an independent establishment of the United States Government." 49 U.S.C. 1111(a). It is not a regulatory agency.
Full Text
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<title>Federal Register, Volume 90 Issue 118 (Monday, June 23, 2025)</title>
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[Federal Register Volume 90, Number 118 (Monday, June 23, 2025)]
[Notices]
[Page 26619]
From the Federal Register Online via the Government Publishing Office [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[FR Doc No: 2025-11418]
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NATIONAL TRANSPORTATION SAFETY BOARD (NTSB)
Guidance on Referrals for Potential Criminal Enforcement
ACTION: Notice.
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SUMMARY: This notice describes the NTSB's plans to address criminally
liable regulatory offenses under the recent executive order on Fighting
Overcriminalization in Federal Regulations. The NTSB is ``an
independent establishment of the United States Government.'' 49 U.S.C.
1111(a). It is not a regulatory agency.
ADDRESSES: NTSB Office of General Counsel, 490 L'Enfant Plaza East SW,
Washington, DC 20594.
FOR FURTHER INFORMATION CONTACT: Denise D'Avella, (202) 314-6080,
<a href="/cdn-cgi/l/email-protection#daa8afb6bfb7bbb1b3b4bd9ab4aea9b8f4bdb5ac"><span class="__cf_email__" data-cfemail="7604031a131b171d1f1811361802051458111900">[email protected]</span></a>.
SUPPLEMENTARY INFORMATION: On May 9, 2025, the President issued
Executive Order (``E.O.'') 14294, Fighting Overcriminalization in
Federal Regulations, 90 FR 20363 (published May 14, 2025). Section 7 of
E.O. 14294 provides that within 45 days of the order, and in
consultation with the Attorney General, each agency should publish
guidance in the Federal Register describing its plan to address
criminally liable regulatory offenses.
Consistent with that requirement, the NTSB advises the public that
by May 9, 2026, the NTSB, in consultation with the Attorney General,
will provide to the Director of the Office of Management and Budget
(``OMB'') a report containing: (1) a list of all criminal regulatory
offenses (meaning a Federal regulation that is enforceable by a
criminal penalty) enforceable by the NTSB or the Department of Justice
(``DOJ''); and (2) for each such criminal regulatory offense, the range
of potential criminal penalties for a violation and the applicable mens
rea standard (meaning the state of mind that by law must be proven to
convict a particular defendant of a particular crime) for the criminal
regulatory offense. At the same time, per the E.O. 14294, the NTSB will
publicly post the report on its agency website, <a href="http://www.ntsb.gov">http://www.ntsb.gov</a>,
and update the report periodically, but not less than once a year.
Also as required by Section 7 of E.O. 14294, this notice announces
a general policy, subject to appropriate exceptions and to the extent
consistent with law, that when the NTSB is deciding whether to refer
alleged violations of criminal regulatory offenses to DOJ, officers and
employees of the NTSB should consider, among other factors:
<bullet> the harm or risk of harm, pecuniary or otherwise, caused
by the alleged offense;
<bullet> the potential gain to the putative defendant that could
result from the offense;
<bullet> whether the putative defendant held specialized knowledge,
expertise, or was licensed in an industry related to the rule or
regulation at issue; and
<bullet> evidence, if any is available, of the putative defendant's
general awareness of the unlawfulness of his conduct as well as his
knowledge or lack thereof of the regulation at issue.
This general policy is not intended to, and does not, create any
right or benefit, substantive or procedural, enforceable at law or in
equity by any party against the United States, its departments,
agencies, or entities, its officers, employees, or agents, or any other
person.
William T. McMurry, Jr.,
General Counsel.
[FR Doc. 2025-11418 Filed 6-20-25; 8:45 am]
BILLING CODE 7533-01-P
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</html>Indexed from Federal Register on June 23, 2025.
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.