Civil Monetary Penalty Annual Inflation Adjustment, 2352-2353 [2022-00726]

Download as PDF 2352 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations By the Commission. William Cody, Secretary. involved in aircraft accidents). Civil Monetary Penalty Annual Inflation Adjustment, 86 FR 1809 (Jan. 11, 2021). OMB has since published updated guidance for FY 2022. OMB, M–22–07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2021). Accordingly, this final rule reflects the NTSB’s 2022 annual inflation adjustment and updates the maximum civil penalty from $1,742 to $1,850. [FR Doc. 2022–00712 Filed 1–13–22; 8:45 am] BILLING CODE 6730–02–P NATIONAL TRANSPORTATION SAFETY BOARD 49 CFR Part 831 [Docket No.: NTSB–2022–0001] RIN 3147–AA24 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 2022 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 14, 2022. ADDRESSES: A copy of this final rule, published in the Federal Register (FR), is available at https:// www.regulations.gov (Docket ID Number NTSB–2022–0001). FOR FURTHER INFORMATION CONTACT: Kathleen Silbaugh, General Counsel, (202) 314–6080 or rulemaking@ntsb.gov. SUPPLEMENTARY INFORMATION: SUMMARY: lotter on DSK11XQN23PROD with RULES1 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) 2021, allowing the agency to impose a civil penalty up to $1,742, effective January 15, 2021, 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 VerDate Sep<11>2014 16:05 Jan 13, 2022 Jkt 256001 II. The 2022 Annual Adjustment The 2022 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–22–07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2021). For FY 2022, OMB’s guidance states that the cost-of-living adjustment multiplier is 1.06222. Accordingly, multiplying the current penalty of $1,742 by 1.06222 equals $1,850.38724, which rounded to the nearest dollar equals $1,850. 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, 2023. 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–22–07, Implementation of Penalty Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2021). 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 PO 00000 Frm 00044 Fmt 4700 Sfmt 4700 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 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: E:\FR\FM\14JAR1.SGM 14JAR1 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations II. Discussion 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 Public Law 101–410, 104 Stat. 890, amended by Public Law 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 ‘‘$1,742’’ and add in its place ‘‘$1,850’’. ■ Jennifer Homendy, Chair. [FR Doc. 2022–00726 Filed 1–13–22; 8:45 am] BILLING CODE 7533–01–P SURFACE TRANSPORTATION BOARD 49 CFR Part 1022 [Docket No. EP 716 (Sub-No. 7)] Civil Monetary Penalties—2022 Adjustment Surface Transportation Board. Final rule. AGENCY: ACTION: The Surface Transportation Board (Board) is issuing a final rule to implement the annual inflationary adjustment to its civil monetary penalties, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: This final rule is effective January 14, 2022. FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 245–0391. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: SUMMARY: lotter on DSK11XQN23PROD with RULES1 I. Background The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), enacted as part of the Bipartisan Budget Act of 2015, Public Law 114–74, sec. 701, 129 Stat. 584, 599–601, requires agencies to adjust their civil penalties for inflation annually, beginning on July 1, 2016, and no later than January 15 of every year thereafter. In accordance with the 2015 Act, annual inflation adjustments are to be based on the percent change between the Consumer Price Index for all Urban Consumers (CPI–U) for October of the previous year and the October CPI–U of the year before that. Penalty level adjustments should be rounded to the nearest dollar. VerDate Sep<11>2014 16:05 Jan 13, 2022 Jkt 256001 The statutory definition of civil monetary penalty covers various civil penalty provisions under the Rail (Part A); Motor Carriers, Water Carriers, Brokers, and Freight Forwarders (Part B); and Pipeline Carriers (Part C) provisions of the Interstate Commerce Act, as amended. The Board’s civil (and criminal) penalty authority related to rail transportation appears at 49 U.S.C. 11901–11908. The Board’s penalty authority related to motor carriers, water carriers, brokers, and freight forwarders appears at 49 U.S.C. 14901–14916. The Board’s penalty authority related to pipeline carriers appears at 49 U.S.C. 16101–16106.1 The Board has regulations at 49 CFR pt. 1022 that codify the method set forth in the 2015 Act for annually adjusting for inflation the civil monetary penalties within the Board’s jurisdiction. As set forth in this final rule, the Board is amending 49 CFR part 1022 to make an annual inflation adjustment to the civil monetary penalties in conformance with the requirements of the 2015 Act. The adjusted penalties set forth in the rule will apply only to violations that occur after the effective date of this regulation. In accordance with the 2015 Act, the annual adjustment adopted here is calculated by multiplying each current penalty by the cost-of-living adjustment factor of 1.06222, which reflects the percentage change between the October 2021 CPI–U (276.589) and the October 2020 CPI–U (260.388). The table at the end of this decision shows the statutory citation for each civil penalty, a description of the provision, the adjusted statutory civil penalty level for 2021, and the adjusted statutory civil penalty level for 2022. III. Final Rule The final rule set forth at the end of this decision is being issued without notice and comment pursuant to the rulemaking provision of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), which does not require that process ‘‘when the agency for good cause finds’’ that public notice and comment are ‘‘unnecessary.’’ Here, Congress has mandated that the agency make an annual inflation adjustment to its civil monetary penalties. The Board has no discretion to set alternative levels of adjusted civil monetary 1 The Board also has various criminal penalty authority, enforceable in a federal criminal court. Congress has not, however, authorized federal agencies to adjust statutorily prescribed criminal penalty provisions for inflation, and this rule does not address those provisions. PO 00000 Frm 00045 Fmt 4700 Sfmt 4700 2353 penalties, because the amount of the inflation adjustment must be calculated in accordance with the statutory formula. Given the absence of discretion, the Board has determined that there is good cause to promulgate this rule without soliciting public comment and to make this regulation effective immediately upon publication. IV. Regulatory Flexibility Statement The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601–612, generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Because the Board has determined that notice and comment are not required under the APA for this rulemaking, the requirements of the RFA do not apply. V. Congressional Review Act Pursuant to the Congressional Review Act, 5 U.S.C. 801–808, the Office of Information and Regulatory Affairs has designated this rule as a non-major rule, as defined by 5 U.S.C. 804(2). VI. Paperwork Reduction Act This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501– 3521. List of Subjects in 49 CFR Part 1022 Administrative practice and procedures, Brokers, Civil penalties, Freight forwarders, Motor carriers, Pipeline carriers, Rail carriers, Water carriers. It is ordered: 1. The Board amends its rules as set forth in this decision. Notice of the final rule will be published in the Federal Register. 2. This decision is effective on its date of publication in the Federal Register. Decided: January 10, 2022. By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and Schultz. Stefan Rice, Clearance Clerk. For the reasons set forth in the preamble, part 1022 of title 49, chapter X, of the Code of Federal Regulations is amended as follows: PART 1022—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT 1. Revise the authority citation for part 1022 to read as follows: ■ E:\FR\FM\14JAR1.SGM 14JAR1

Agencies

[Federal Register Volume 87, Number 10 (Friday, January 14, 2022)]
[Rules and Regulations]
[Pages 2352-2353]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00726]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 831

[Docket No.: NTSB-2022-0001]
RIN 3147-AA24


Civil Monetary Penalty Annual Inflation Adjustment

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Final rule.

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SUMMARY: Pursuant to the Federal Civil Penalties Inflation Adjustment 
Act Improvements Act of 2015, this final rule provides the 2022 
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 14, 2022.

ADDRESSES: A copy of this final rule, published in the Federal Register 
(FR), is available at https://www.regulations.gov (Docket ID Number 
NTSB-2022-0001).

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) 2021, 
allowing the agency to impose a civil penalty up to $1,742, effective 
January 15, 2021, 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, 86 FR 1809 (Jan. 11, 
2021).
    OMB has since published updated guidance for FY 2022. OMB, M-22-07, 
Implementation of Penalty Inflation Adjustments for 2022, Pursuant to 
the Federal Civil Penalties Inflation Adjustment Act Improvements Act 
of 2015 (Dec. 15, 2021). Accordingly, this final rule reflects the 
NTSB's 2022 annual inflation adjustment and updates the maximum civil 
penalty from $1,742 to $1,850.

II. The 2022 Annual Adjustment

    The 2022 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-22-07, Implementation of Penalty 
Inflation Adjustments for 2022, Pursuant to the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2021). For 
FY 2022, OMB's guidance states that the cost-of-living adjustment 
multiplier is 1.06222.
    Accordingly, multiplying the current penalty of $1,742 by 1.06222 
equals $1,850.38724, which rounded to the nearest dollar equals $1,850. 
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, 2023.

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-22-07, 
Implementation of Penalty Inflation Adjustments for 2022, Pursuant to 
the Federal Civil Penalties Inflation Adjustment Act Improvements Act 
of 2015 (Dec. 15, 2021). 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 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:

[[Page 2353]]

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 Public Law 101-410, 104 Stat. 
890, amended by Public Law 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 ``$1,742'' and add 
in its place ``$1,850''.

Jennifer Homendy,
Chair.
[FR Doc. 2022-00726 Filed 1-13-22; 8:45 am]
BILLING CODE 7533-01-P