Civil Monetary Penalty Catch Up Inflation Adjustment and Annual Inflation Adjustment, 47401-47402 [2017-21902]
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Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
90.675, 90.676 and 90.677 will assist
800 MHz licensees in preventing or
resolving interference and enable the
Commission to implement its rebanding
program. Under that program, certain
licensees are being relocated to new
frequencies in the 800 MHz band, with
all rebanding costs paid by Sprint
Nextel Corporation (Sprint). The
Commission’s overarching objective in
this proceeding is to eliminate
interference to public safety
communications. The Commission’s
orders provided for the 800 MHz
licensees in non-border areas to
complete rebanding by June 26, 2008.
This completion date was not met and
the Commission orders also provide for
rebanding to be completed in the areas
along the U.S. borders with Canada and
Mexico.
Federal Communications Commission.
Marlene H. Dortch,
Secretary.
[FR Doc. 2017–22062 Filed 10–11–17; 8:45 am]
BILLING CODE 6712–01–P
NATIONAL TRANSPORTATION
SAFETY BOARD
49 CFR Part 831
[Docket No.: NTSB–GC–2017–0001]
RIN 3147–AA20
Civil Monetary Penalty Catch Up
Inflation Adjustment and Annual
Inflation Adjustment
National Transportation Safety
Board (NTSB).
ACTION: Interim Final Rule with request
for comments.
AGENCY:
This Interim Final Rule
adjusts for inflation the maximum civil
penalty that the NTSB may assess
against a person for violating certain
NTSB statutes and regulations.
DATES: This Interim Final Rule is
effective on October 12, 2017. The
NTSB will accept written comments on
this Interim Final Rule on or before
October 27, 2017.
ADDRESSES: A copy of this Interim 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 20594–003.
Alternatively, a copy is available on the
government-wide Web site on
regulations at https://
www.regulations.gov (Docket ID Number
NTSB–GC–2017–0001).
You may send comments identified
by Docket ID Number NTSB–GC–2017–
jstallworth on DSKBBY8HB2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
14:21 Oct 11, 2017
Jkt 244001
0001 using any of the following
methods:
1. Federal eRulemaking Portal: Go to
https://www.regulations.gov and follow
the instructions for sending your
comments electronically.
2. Mail: Send comments to NTSB
Office of General Counsel, 490 L’Enfant
Plaza East SW., Washington, DC 20594–
003.
3. Facsimile: Fax comments to 202–
314–6090.
4. Hand Delivery: Bring comments to
490 L’Enfant Plaza East SW., 6th Floor,
Washington, DC, between 9 a.m. and 5
p.m., Monday through Friday, except
Legal public holidays.
Privacy: We will post all comments
we receive, without change, to https://
www.regulations.gov, including any
personal information provided.
FOR FURTHER INFORMATION CONTACT:
Sean Dalton, Acting General Counsel,
(202) 314–6389.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to 49 U.S.C. 1155(a), the
NTSB may impose a civil penalty up to
$1,000 on a person who violates 49
U.S.C. 1132 (prescribing the NTSB’s
general authority to investigate aircraft
accidents); 1134(b) (governing NTSB
inspection and testing of aircraft and
property on an aircraft); 1134(f)(1)
(permitting the NTSB to conduct or
order autopsies); 1136(g) (prohibiting
attorneys from sending unsolicited
communications to victims of aircraft
accidents or their family members).
The $1,000 maximum civil penalty
amount must be adjusted for inflation in
several ways. First, the NTSB must
publish a catch-up adjustment to
account for the effect of inflation since
the maximum amount was established
by Congress. Federal Civil Penalties
Inflation Adjustment Act of 1990, Public
Law 101–410, 104 Stat. 890, as amended
by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015, Public Law 114–74, sec. 701, 129
Stat. 584 (codified at 28 U.S.C. 2461
note) (hereinafter ‘‘Inflation Adjustment
Act’’).1 Second, the NTSB must publish
an annual inflationary adjustment no
later than January 15th of each year,
beginning in 2017. The Office of
Management and Budget (OMB) has
published guidance on the initial catchup adjustment, OMB, M 16–06,
Implementation of the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (2016)
1 The 2015 Act replaced inflation adjustment
procedures established by the Debt Collection
Improvement Act of 1996, Public Law 104–134, sec.
31001(s)(1), 110 Stat. 1321–373.
PO 00000
Frm 00039
Fmt 4700
Sfmt 4700
47401
(hereinafter ‘‘OMB catch-up guidance’’),
and the 2017 yearly adjustment. OMB,
M 17–11, Implementation of the 2017
annual adjustment pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (2016) (hereinafter ‘‘OMB annual
guidance’’). This Interim Final Rule
combines the NTSB’s catch-up
adjustment that was due by July 1, 2016,
and the NTSB’s 2017 annual inflation
adjustment. See OMB annual guidance,
supra, at 4 (stating that agencies can
finalize their catch-up adjustments in
the same rulemaking as their annual
adjustments).
II. The Catch-Up Adjustment
A. The Catch-Up Adjustment Increases
the NTSB’s $1,000 Maximum Penalty
Amount to $1,591
In order to complete the catch-up
adjustment required by the Inflation
Adjustment Act, the NTSB must first
identify the year in which the $1,000
maximum penalty amount was either (1)
established by Congress, or (2) last
adjusted by Congress or the agency
through regulation, other than pursuant
to the Inflation Adjustment Act,
whichever is later. Next, the NTSB must
modify the maximum penalty amount
based on the percentage by which the
Consumer Price Index for all Urban
Consumers (CPI–U) for the month of
October 2015, not seasonally adjusted,
exceeds the CPI–U for the month of
October for the calendar year when the
penalty amount was established or last
adjusted. 28 U.S.C. 2461 note, sec 4(a),
5(b)(2); OMB catch-up guidance, supra,
at 3. The OMB catch-up guidance
contains a table listing multipliers that
can be used to adjust the maximum
penalty amount based on the year the
penalty was established or last adjusted
(the ‘‘CPI–U Multiplier’’). OMB catch-up
guidance, supra, at 6. After applying
this multiplier, the NTSB must round
all penalty amounts to the nearest
dollar. 28 U.S.C. 2461 note, sec. 5(a).
The $1,000 maximum penalty amount
was established in 1994, Public Law
103–272, sec. 1(d), 108 Stat. 745 (1994),
and has not since been modified. 49
U.S.C. 1155(a). OMB’s CPI–U Multiplier
for 1994 is 1.59089. OMB catch-up
guidance, supra, at 6. A maximum
penalty amount of $1,000 multiplied by
1.59089 equals $1,590.89. Rounding to
the nearest dollar equals $1,591. This is
less than a 150% increase, and therefore
does not need to be reduced. 28 U.S.C.
2461 note, sec. 5(b)(2)(C); OMB catch-up
guidance, supra, at 8.
E:\FR\FM\12OCR1.SGM
12OCR1
47402
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations
B. The NTSB Will Not Seek an
Adjustment Below the Otherwise
Required Catch-Up Adjustment Amount
The Inflation Adjustment Act permits
the NTSB to adjust the maximum civil
penalty amount by less than the
required amount if OMB concurs and
the NTSB determines that the required
adjustment will have a negative
economic impact, or the social costs
will outweigh the benefits. 28 U.S.C.
2461 note, sec. 4(c). The NTSB is not
seeking an adjustment below the
otherwise required amount. The
required catch-up adjustment amount is
sufficient to deter violations of the
NTSB’s statutes and regulations, and the
NTSB does not perceive that a negative
economic impact or social cost will
result from the catch-up adjustment.
III. The Annual Adjustment
The maximum civil penalty amount
established by the catch-up adjustment,
$1,591, must be adjusted annually for
inflation by January 15th of each year,
beginning in 2017. 28 U.S.C. 2461 note,
sec. 4(b); OMB annual guidance, supra,
at 1. The OMB annual guidance states
that the CPI–U multiplier representing
the increase from the October 2015 CPI–
U to the October 2016 CPI–U is 1.01636.
OMB annual guidance, supra, at 1.
Multiplying $1,591 times 1.01636
equals $1617.02876. Rounding to the
nearest dollar equals $1,617.
The new maximum penalty amount
applies only to civil penalties assessed
after the effective date of this Interim
Final Rule. The NTSB will next adjust
this amount for inflation by January 15,
2018.
jstallworth on DSKBBY8HB2PROD with RULES
IV. Regulatory Analysis
The Inflation Adjustment Act requires
the NTSB to complete its catch-up
adjustment in an Interim Final Rule. 28
U.S.C. 2461 note, sec. 4(b)(1)(A).
Similarly, the Act provides that annual
adjustments shall be completed
‘‘notwithstanding [5 U.S.C. 553]’’. 28
U.S.C. 2461 note, sec. 4(b)(2).
This rule does not require an
assessment of its potential costs and
benefits under section 6(a)(3) of E.O.
12866, Regulatory Planning and Review,
58 FR 51735 (Sept. 30, 1993), because it
is not a ‘‘significant regulatory action’’
under section 3(f) of that Order. Thus,
the Office of Management and Budget
has not reviewed this rule under E.O.
12866. Likewise, this rule does not
require an analysis under the Unfunded
Mandates Reform Act, 2 U.S.C. 1501–71,
or the National Environmental Policy
Act, 42 U.S.C. 4321–47.
The NTSB does not anticipate this
rule will have a substantial, direct effect
VerDate Sep<11>2014
14:21 Oct 11, 2017
Jkt 244001
on state or local governments or will
preempt state law; as such, this rule
does not have implications for
federalism under E.O. 13132,
Federalism, 64 FR 43255 (Aug. 4, 1999).
This rule also complies with all
applicable standards in sections 3(a)
and 3(b)(2) of E.O. 12988, Civil Justice
Reform, 61 FR 4729 (Feb. 5, 1996), to
minimize litigation, eliminate
ambiguity, and reduce burden.
NTSB has evaluated this rule under:
E.O. 12630, Governmental Actions and
Interference With Constitutionally
Protected Property Rights, 53 FR 8859
(Mar. 15, 1988); E.O. 13045, Protection
of Children From Environmental Health
Risks and Safety Risks, 62 FR 19885
(Apr. 21, 1997); E.O. 13175,
Consultation and Coordination With
Indian Tribal Governments, 65 FR
67249 (Nov. 6, 2000); E.O. 13211,
Actions Concerning Regulations That
Significantly Affect Energy Supply,
Distribution, or Use, 66 FR 28355 (May
18, 2001); and the National Technology
Transfer and Advancement Act, Public
Law 104–113, 110 Stat. 775, Mar. 7,
1996. The NTSB has concluded that this
Interim Final Rule neither violates, nor
requires further consideration under
those Orders and statutes.
The NTSB invites comments relating
to any of the foregoing determinations
and notes the most helpful comments
reference a specific portion of this
Interim Final Rule, explain the reason
for any recommended change, and
include supporting data.
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
is revised 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).
2. Add § 831.15 to read as follows:
§ 831.15
Civil penalties.
The NTSB is required by the Federal
Civil Penalties Inflation Adjustment Act
of 1990, Public Law 101–410, 104 Stat.
890, as amended by the Federal Civil
Penalties Inflation Adjustment Act
PO 00000
Frm 00040
Fmt 4700
Sfmt 4700
Robert L. Sumwalt III,
Chairman.
[FR Doc. 2017–21902 Filed 10–11–17; 8:45 am]
BILLING CODE 7533–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 679
[Docket No. 161020985–7181–02]
RIN 0648–XF731
Fisheries of the Exclusive Economic
Zone Off Alaska; Sculpins in the
Bering Sea and Aleutian Islands
Management Area
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Temporary rule; closure.
AGENCY:
NMFS is prohibiting retention
of sculpins in the Bering Sea and
Aleutian Islands management area
(BSAI). This action is necessary because
the 2017 sculpins initial total allowable
catch (ITAC) in the BSAI has been
reached.
SUMMARY:
Effective 1200 hrs, Alaska local
time (A.l.t.), October 6, 2017, through
2400 hrs, A.l.t., December 31, 2017.
FOR FURTHER INFORMATION CONTACT:
Steve Whitney, 907–586–7228.
SUPPLEMENTARY INFORMATION: NMFS
manages the groundfish fishery in the
BSAI according to the Fishery
Management Plan for Groundfish of the
Bering Sea and Aleutian Islands
Management Area (FMP) prepared by
the North Pacific Fishery Management
Council under authority of the
Magnuson-Stevens Fishery
Conservation and Management Act.
Regulations governing fishing by U.S.
vessels in accordance with the FMP
DATES:
■
■
Improvements Act of 2015, Public Law
114–74, sec. 701, 129 Stat. 584 (codified
at 28 U.S.C. 2461 note) to adjust the
maximum amount of each civil
monetary penalty within its jurisdiction
by the rate of inflation. Accordingly, for
violations of 49 U.S.C. 1132, 1134(b),
1134(f)(1), or 1136(g), the NTSB may
assess a civil penalty pursuant to 49
U.S.C. 1155(a) no greater than $1,617
against any person, except a member of
the armed forces of the United States or
an employee of the Department of
Defense subject to the Uniform Code of
Military Justice, when the member or
employee is performing official duties.
E:\FR\FM\12OCR1.SGM
12OCR1
Agencies
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47401-47402]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-21902]
=======================================================================
-----------------------------------------------------------------------
NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 831
[Docket No.: NTSB-GC-2017-0001]
RIN 3147-AA20
Civil Monetary Penalty Catch Up Inflation Adjustment and Annual
Inflation Adjustment
AGENCY: National Transportation Safety Board (NTSB).
ACTION: Interim Final Rule with request for comments.
-----------------------------------------------------------------------
SUMMARY: This Interim Final Rule adjusts for inflation the maximum
civil penalty that the NTSB may assess against a person for violating
certain NTSB statutes and regulations.
DATES: This Interim Final Rule is effective on October 12, 2017. The
NTSB will accept written comments on this Interim Final Rule on or
before October 27, 2017.
ADDRESSES: A copy of this Interim 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
20594-003. Alternatively, a copy is available on the government-wide
Web site on regulations at https://www.regulations.gov (Docket ID Number
NTSB-GC-2017-0001).
You may send comments identified by Docket ID Number NTSB-GC-2017-
0001 using any of the following methods:
1. Federal eRulemaking Portal: Go to https://www.regulations.gov and
follow the instructions for sending your comments electronically.
2. Mail: Send comments to NTSB Office of General Counsel, 490
L'Enfant Plaza East SW., Washington, DC 20594-003.
3. Facsimile: Fax comments to 202-314-6090.
4. Hand Delivery: Bring comments to 490 L'Enfant Plaza East SW.,
6th Floor, Washington, DC, between 9 a.m. and 5 p.m., Monday through
Friday, except Legal public holidays.
Privacy: We will post all comments we receive, without change, to
https://www.regulations.gov, including any personal information
provided.
FOR FURTHER INFORMATION CONTACT: Sean Dalton, Acting General Counsel,
(202) 314-6389.
SUPPLEMENTARY INFORMATION:
I. Background
Pursuant to 49 U.S.C. 1155(a), the NTSB may impose a civil penalty
up to $1,000 on a person who violates 49 U.S.C. 1132 (prescribing the
NTSB's general authority to investigate aircraft accidents); 1134(b)
(governing NTSB inspection and testing of aircraft and property on an
aircraft); 1134(f)(1) (permitting the NTSB to conduct or order
autopsies); 1136(g) (prohibiting attorneys from sending unsolicited
communications to victims of aircraft accidents or their family
members).
The $1,000 maximum civil penalty amount must be adjusted for
inflation in several ways. First, the NTSB must publish a catch-up
adjustment to account for the effect of inflation since the maximum
amount was established by Congress. Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890, as amended
by the Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015, Public Law 114-74, sec. 701, 129 Stat. 584 (codified at 28
U.S.C. 2461 note) (hereinafter ``Inflation Adjustment Act'').\1\
Second, the NTSB must publish an annual inflationary adjustment no
later than January 15th of each year, beginning in 2017. The Office of
Management and Budget (OMB) has published guidance on the initial
catch-up adjustment, OMB, M 16-06, Implementation of the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (2016)
(hereinafter ``OMB catch-up guidance''), and the 2017 yearly
adjustment. OMB, M 17-11, Implementation of the 2017 annual adjustment
pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (2016) (hereinafter ``OMB annual guidance'').
This Interim Final Rule combines the NTSB's catch-up adjustment that
was due by July 1, 2016, and the NTSB's 2017 annual inflation
adjustment. See OMB annual guidance, supra, at 4 (stating that agencies
can finalize their catch-up adjustments in the same rulemaking as their
annual adjustments).
---------------------------------------------------------------------------
\1\ The 2015 Act replaced inflation adjustment procedures
established by the Debt Collection Improvement Act of 1996, Public
Law 104-134, sec. 31001(s)(1), 110 Stat. 1321-373.
---------------------------------------------------------------------------
II. The Catch-Up Adjustment
A. The Catch-Up Adjustment Increases the NTSB's $1,000 Maximum Penalty
Amount to $1,591
In order to complete the catch-up adjustment required by the
Inflation Adjustment Act, the NTSB must first identify the year in
which the $1,000 maximum penalty amount was either (1) established by
Congress, or (2) last adjusted by Congress or the agency through
regulation, other than pursuant to the Inflation Adjustment Act,
whichever is later. Next, the NTSB must modify the maximum penalty
amount based on the percentage by which the Consumer Price Index for
all Urban Consumers (CPI-U) for the month of October 2015, not
seasonally adjusted, exceeds the CPI-U for the month of October for the
calendar year when the penalty amount was established or last adjusted.
28 U.S.C. 2461 note, sec 4(a), 5(b)(2); OMB catch-up guidance, supra,
at 3. The OMB catch-up guidance contains a table listing multipliers
that can be used to adjust the maximum penalty amount based on the year
the penalty was established or last adjusted (the ``CPI-U
Multiplier''). OMB catch-up guidance, supra, at 6. After applying this
multiplier, the NTSB must round all penalty amounts to the nearest
dollar. 28 U.S.C. 2461 note, sec. 5(a).
The $1,000 maximum penalty amount was established in 1994, Public
Law 103-272, sec. 1(d), 108 Stat. 745 (1994), and has not since been
modified. 49 U.S.C. 1155(a). OMB's CPI-U Multiplier for 1994 is
1.59089. OMB catch-up guidance, supra, at 6. A maximum penalty amount
of $1,000 multiplied by 1.59089 equals $1,590.89. Rounding to the
nearest dollar equals $1,591. This is less than a 150% increase, and
therefore does not need to be reduced. 28 U.S.C. 2461 note, sec.
5(b)(2)(C); OMB catch-up guidance, supra, at 8.
[[Page 47402]]
B. The NTSB Will Not Seek an Adjustment Below the Otherwise Required
Catch-Up Adjustment Amount
The Inflation Adjustment Act permits the NTSB to adjust the maximum
civil penalty amount by less than the required amount if OMB concurs
and the NTSB determines that the required adjustment will have a
negative economic impact, or the social costs will outweigh the
benefits. 28 U.S.C. 2461 note, sec. 4(c). The NTSB is not seeking an
adjustment below the otherwise required amount. The required catch-up
adjustment amount is sufficient to deter violations of the NTSB's
statutes and regulations, and the NTSB does not perceive that a
negative economic impact or social cost will result from the catch-up
adjustment.
III. The Annual Adjustment
The maximum civil penalty amount established by the catch-up
adjustment, $1,591, must be adjusted annually for inflation by January
15th of each year, beginning in 2017. 28 U.S.C. 2461 note, sec. 4(b);
OMB annual guidance, supra, at 1. The OMB annual guidance states that
the CPI-U multiplier representing the increase from the October 2015
CPI-U to the October 2016 CPI-U is 1.01636. OMB annual guidance, supra,
at 1. Multiplying $1,591 times 1.01636 equals $1617.02876. Rounding to
the nearest dollar equals $1,617.
The new maximum penalty amount applies only to civil penalties
assessed after the effective date of this Interim Final Rule. The NTSB
will next adjust this amount for inflation by January 15, 2018.
IV. Regulatory Analysis
The Inflation Adjustment Act requires the NTSB to complete its
catch-up adjustment in an Interim Final Rule. 28 U.S.C. 2461 note, sec.
4(b)(1)(A). Similarly, the Act provides that annual adjustments shall
be completed ``notwithstanding [5 U.S.C. 553]''. 28 U.S.C. 2461 note,
sec. 4(b)(2).
This rule does not require an assessment of its potential costs and
benefits under section 6(a)(3) of E.O. 12866, Regulatory Planning and
Review, 58 FR 51735 (Sept. 30, 1993), because it is not a ``significant
regulatory action'' under section 3(f) of that Order. Thus, the Office
of Management and Budget has not reviewed this rule under E.O. 12866.
Likewise, this rule does not require an analysis under the Unfunded
Mandates Reform Act, 2 U.S.C. 1501-71, or the National Environmental
Policy Act, 42 U.S.C. 4321-47.
The NTSB does not anticipate this rule will have a substantial,
direct effect on state or local governments or will preempt state law;
as such, this rule does not have implications for federalism under E.O.
13132, Federalism, 64 FR 43255 (Aug. 4, 1999).
This rule also complies with all applicable standards in sections
3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, 61 FR 4729 (Feb.
5, 1996), to minimize litigation, eliminate ambiguity, and reduce
burden.
NTSB has evaluated this rule under: E.O. 12630, Governmental
Actions and Interference With Constitutionally Protected Property
Rights, 53 FR 8859 (Mar. 15, 1988); E.O. 13045, Protection of Children
From Environmental Health Risks and Safety Risks, 62 FR 19885 (Apr. 21,
1997); E.O. 13175, Consultation and Coordination With Indian Tribal
Governments, 65 FR 67249 (Nov. 6, 2000); E.O. 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use, 66 FR 28355 (May 18, 2001); and the National Technology Transfer
and Advancement Act, Public Law 104-113, 110 Stat. 775, Mar. 7, 1996.
The NTSB has concluded that this Interim Final Rule neither violates,
nor requires further consideration under those Orders and statutes.
The NTSB invites comments relating to any of the foregoing
determinations and notes the most helpful comments reference a specific
portion of this Interim Final Rule, explain the reason for any
recommended change, and include supporting data.
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 is revised 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).
0
2. Add Sec. 831.15 to read as follows:
Sec. 831.15 Civil penalties.
The NTSB is required by the Federal Civil Penalties Inflation
Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890, as amended
by the Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015, Public Law 114-74, sec. 701, 129 Stat. 584 (codified at 28
U.S.C. 2461 note) to adjust the maximum amount of each civil monetary
penalty within its jurisdiction by the rate of inflation. Accordingly,
for violations of 49 U.S.C. 1132, 1134(b), 1134(f)(1), or 1136(g), the
NTSB may assess a civil penalty pursuant to 49 U.S.C. 1155(a) no
greater than $1,617 against any person, except a member of the armed
forces of the United States or an employee of the Department of Defense
subject to the Uniform Code of Military Justice, when the member or
employee is performing official duties.
Robert L. Sumwalt III,
Chairman.
[FR Doc. 2017-21902 Filed 10-11-17; 8:45 am]
BILLING CODE 7533-01-P