Civil Monetary Penalty Annual Inflation Adjustment, 2319-2320 [2020-00532]
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Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
inflation by order published no later
than January 15 each year. Annual
inflation adjustments will be based on
the percentage (if any) by which the
Consumer Price Index for all Urban
Consumers (CPI–U) for October
preceding the date of the adjustment
exceeds the prior year’s CPI–U for
October. The Office of Management and
Budget (OMB) will issue adjustment rate
guidance no later than December 15
each year to adjust for inflation in the
CPI–U as of the most recent October.
2319
(ii) The application of the annual
inflation adjustment required by the
foregoing Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 results in the following
adjusted statutory maximum forfeitures
authorized by the Communications Act:
TABLE 1 TO PARAGRAPH (b)(9)(ii)
Maximum penalty
after 2020 annual
inflation adjustment
U.S. Code citation
47 U.S.C. 202(c) ..................................................................................................................................................................
47 U.S.C. 203(e) ..................................................................................................................................................................
47
47
47
47
47
47
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
205(b)
214(d)
219(b)
220(d)
223(b)
227(e)
..................................................................................................................................................................
..................................................................................................................................................................
..................................................................................................................................................................
..................................................................................................................................................................
..................................................................................................................................................................
..................................................................................................................................................................
47
47
47
47
47
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
362(a) ..................................................................................................................................................................
362(b) ..................................................................................................................................................................
386(a) ..................................................................................................................................................................
386(b) ..................................................................................................................................................................
503(b)(2)(A) ........................................................................................................................................................
47 U.S.C. 503(b)(2)(B) ........................................................................................................................................................
47 U.S.C. 503(b)(2)(C) ........................................................................................................................................................
47 U.S.C. 503(b)(2)(D) ........................................................................................................................................................
47 U.S.C. 503(b)(2)(F) .........................................................................................................................................................
47 U.S.C. 507(a) ..................................................................................................................................................................
47 U.S.C. 507(b) ..................................................................................................................................................................
47 U.S.C. 554 ......................................................................................................................................................................
*
*
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*
BILLING CODE 6712–01–P
NATIONAL TRANSPORTATION
SAFETY BOARD
49 CFR Part 831
[Docket No.: NTSB–GC–2020–0001]
RIN 3147–AA22
Civil Monetary Penalty Annual Inflation
Adjustment
National Transportation Safety
Board (NTSB).
ACTION: Final rule.
AGENCY:
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.
jbell on DSKJLSW7X2PROD with RULES
SUMMARY:
VerDate Sep<11>2014
16:02 Jan 14, 2020
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 https://www.regulations.gov (Docket
ID Number NTSB–GC–2020–0001).
FOR FURTHER INFORMATION CONTACT:
Kathleen Silbaugh, General Counsel,
(202) 314–6080 or rulemaking@ntsb.gov.
SUPPLEMENTARY INFORMATION:
DATES:
[FR Doc. 2020–00459 Filed 1–14–20; 8:45 am]
Jkt 250001
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
PO 00000
Frm 00041
Fmt 4700
Sfmt 4700
$12,294
615
12,294
615
24,586
2,458
2,458
12,294
127,398
11,766
35,298
1,176,638
10,245
2,050
10,245
2,050
51,222
512,228
204,892
2,048,915
414,454
3,825,726
20,489
153,669
117,664
1,176,638
2,029
297
908
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
E:\FR\FM\15JAR1.SGM
15JAR1
2320
Federal Register / Vol. 85, No. 10 / Wednesday, January 15, 2020 / Rules and Regulations
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.
jbell on DSKJLSW7X2PROD with RULES
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
VerDate Sep<11>2014
16:02 Jan 14, 2020
Jkt 250001
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 ‘‘$1,692’’ 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
PO 00000
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 648
[Docket No.: 191230–0124]
RIN 0648–BH68
Fisheries of the Northeastern United
States; Expanding the Scallop Dredge
Exemption Areas Under the Northeast
Multispecies Fishery Management Plan
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS approves and
implements modifications to the
regulations implementing the Northeast
Multispecies Fishery Management Plan
to allow vessels issued a limited access
general category individual fishing
quota sea scallop permit to fish for
scallops with small dredges in an
expanded area. In addition, NMFS also
implements modifications to the open
area days-at-sea trip reporting
procedures for limited access scallop
vessels. This action is intended to
provide consistency, flexibility, and
potential economic benefit to the
scallop fleet.
DATES: Effective February 14, 2020.
ADDRESSES: NMFS developed an
environmental assessment (EA) for this
action that describes the action and
other considered alternatives and
provides a thorough analysis of the
impacts of these measures. Copies of the
Amendment, the EA, and the small
entity compliance guide are available
upon request from Michael Pentony,
Regional Administrator (RA), NMFS,
Greater Atlantic Regional Fisheries
Office, 55 Great Republic Drive,
Gloucester, MA 01930–2298, or
available on the internet at: https://
www.greateratlantic.fisheries.noaa.gov/
sustainable/species/scallop/.
FOR FURTHER INFORMATION CONTACT:
Shannah Jaburek, Fishery Management
Specialist, 978–282–8456.
SUPPLEMENTARY INFORMATION:
SUMMARY:
Background
This final rule approves and
implements the New England Fishery
Management Council’s recommendation
from its meeting on June 20, 2017, that
the RA use his authority to expand the
Great South Channel (GSC) scallop
dredge exemption area to encompass all
of Georges Bank (GB). Additionally
NMFS is expanding the Southern New
Frm 00042
Fmt 4700
Sfmt 4700
E:\FR\FM\15JAR1.SGM
15JAR1
]]>Agencies
[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]
=======================================================================
-----------------------------------------------------------------------
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.
-----------------------------------------------------------------------
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 https://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
