Civil Monetary Penalty Annual Inflation Adjustment, 1809-1810 [2021-00060]

Download as PDF 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_1105-2100.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. ■ jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 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 U.S. Army Corps of Engineers, Department of Defense. ACTION: Final rule. AGENCY: 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 SUMMARY: PO 00000 Frm 00073 Fmt 4700 Sfmt 4700 1809 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 National Transportation Safety Board (NTSB). ACTION: Final rule. AGENCY: E:\FR\FM\11JAR1.SGM 11JAR1 1810 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations 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: SUMMARY: jbell on DSKJLSW7X2PROD with RULES 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 VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 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. PO 00000 Frm 00074 Fmt 4700 Sfmt 4700 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 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. AGENCY: 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 SUMMARY: E:\FR\FM\11JAR1.SGM 11JAR1

Agencies

[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Rules and Regulations]
[Pages 1809-1810]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00060]


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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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[[Page 1810]]

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 [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) 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

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 ``$1,722'' 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