Civil Monetary Penalty Annual Inflation Adjustment, 2858-2859 [2023-00881]

Download as PDF 2858 Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Rules and Regulations profit organizations. The Administrator certifies that this final rule has ‘‘no significant economic impact upon a substantial number of small entities’’ within the meaning of the RFA. C. Paperwork Reduction Act The Paperwork Reduction Act (PRA), 44 U.S.C. 3501 et seq., requires an agency to invite public comment on, and to obtain OMB approval of, any regulation that requires 10 or more people to report information to the agency or to keep certain records. The Administrator has determined that this rulemaking does not contain any new information collection requirements or recordkeeping requirements; thus, the PRA does not apply to this rulemaking. Data collection and recordkeeping requirements for the WTC Health Program are approved by OMB under ‘‘World Trade Center Health Program Enrollment, Appeals & Reimbursement’’ (OMB Control No. 0920–0891, exp. September 30, 2025). D. Small Business Regulatory Enforcement Fairness Act As required by Congress under the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 801 et seq., HHS will report the promulgation of this rule to Congress prior to its effective date. lotter on DSK11XQN23PROD with RULES1 E. Unfunded Mandates Reform Act of 1995 Title II of the Unfunded Mandates Reform Act of 1995, 2 U.S.C. 1531 et seq., directs agencies to assess the effects of Federal regulatory actions on state, local, and tribal governments, and the private sector ‘‘other than to the extent that such regulations incorporate requirements specifically set forth in law.’’ For purposes of the Unfunded Mandates Reform Act, this final rule does not include any Federal mandate that may result in increased annual expenditures in excess of $100 million in 1995 dollars by state, local, or tribal governments in the aggregate, or by the private sector. F. Executive Order 12988 (Civil Justice) This final rule has been drafted and reviewed in accordance with Executive Order 12988, ‘‘Civil Justice Reform,’’ and will not unduly burden the Federal court system. This rule has been reviewed carefully to eliminate drafting errors and ambiguities. G. Executive Order 13132 (Federalism) The Administrator has reviewed this final rule in accordance with Executive Order 13132 regarding federalism and has determined that it does not have VerDate Sep<11>2014 16:05 Jan 17, 2023 Jkt 259001 ‘‘Federalism implications.’’ The rule does not ‘‘have substantial direct effects on the states, on the relationship between the national government and the states, or on the distribution of power and responsibilities among the various levels of government.’’ H. Executive Order 13045 (Protection of Children From Environmental Health Risks and Safety Risks) In accordance with Executive Order 13045, the Administrator has evaluated the environmental health and safety effects of this final rule on children. The Administrator has determined that the rule will have no environmental health and safety effect on children. I. Executive Order 13211 (Actions Concerning Regulations That Significantly Affect Energy Supply, Distribution, or Use) In accordance with Executive Order 13211, the Administrator has evaluated the effects of this final rule on energy supply, distribution, or use, and has determined that the rule will not have a significant adverse effect. J. Plain Writing Act of 2010 Under Public Law 111–274 (October 13, 2010), Executive Departments and Agencies are required to use plain language in documents that explain to the public how to comply with a requirement the Federal Government administers or enforces. The Administrator has attempted to use plain language in promulgating the final rule consistent with the Federal Plain Writing Act guidelines. List of Subjects in 42 CFR Part 88 Aerodigestive disorders, Appeal procedures, Cancer, Healthcare, Mental health conditions, Musculoskeletal disorders, Respiratory and pulmonary diseases. For the reasons discussed in the preamble, the Administrator and HHS Secretary amend 42 CFR part 88 as follows: PART 88—WORLD TRADE CENTER HEALTH PROGRAM 1. The authority citation for part 88 is revised to read as follows: ■ Authority: 42 U.S.C. 300mm to 300mm–61. 2. Amend § 88.15 as follows: a. Redesignate paragraphs (d)(15) through (24) as paragraphs (d)(16) through (25). ■ b. Add new paragraph (d)(15). ■ c. In newly redesignated paragraph (d)(24), remove ‘‘Childhood cancers:’’ and add ‘‘Childhood cancers:’’ in its place. ■ ■ PO 00000 Frm 00062 Fmt 4700 Sfmt 4700 d. In newly redesignated paragraph (d)(25), remove ‘‘Rare cancers:’’ and add ‘‘Rare cancers:’’ in its place. The addition reads as follows: ■ § 88.15 List of WTC-Related Health Conditions. * * * * * (d) * * * (15) Malignant neoplasms of corpus uteri and uterus, part unspecified. * * * * * John J. Howard, Administrator, World Trade Center Health Program and Director, National Institute for Occupational Safety and Health, Centers for Disease Control and Prevention, Department of Health and Human Services. Xavier Becerra, Secretary, Department of Health and Human Services. [FR Doc. 2023–00645 Filed 1–17–23; 8:45 am] BILLING CODE 4163–18–P NATIONAL TRANSPORTATION SAFETY BOARD 49 CFR Part 831 [Docket No.: NTSB–2023–0001] 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 2023 adjustment to the civil penalties that the agency may assess for violations of certain NTSB statutes and regulations. DATES: This final rule is effective on January 18, 2023. ADDRESSES: A copy of this final rule, published in the Federal Register (FR), is available at https:// www.regulations.gov (Docket ID Number NTSB–2023–0001). FOR FURTHER INFORMATION CONTACT: Kathleen Silbaugh, General Counsel, (202) 314–6080 or rulemaking@ntsb.gov. SUPPLEMENTARY INFORMATION: SUMMARY: 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 E:\FR\FM\18JAR1.SGM 18JAR1 Federal Register / Vol. 88, No. 11 / Wednesday, January 18, 2023 / Rules and Regulations 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) 2022, allowing the agency to impose a civil penalty up to $1,850, effective January 14, 2022 for violations involving 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, 87 FR 2352 (Jan. 14, 2022). OMB has since published updated guidance for FY 2023. OMB, M–23–05, Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2022). Accordingly, this final rule reflects the NTSB’s 2023 annual inflation adjustment and updates the maximum civil penalty from $1,850 to $1,993. lotter on DSK11XQN23PROD with RULES1 II. The 2023 Annual Adjustment The 2023 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–23–05, Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2022). For FY 2023, OMB’s guidance states that the cost-of-living adjustment multiplier is 1.07745. Accordingly, multiplying the current penalty of $1,850 by 1.07745 equals $1,993.2825, which rounded to the nearest dollar equals $1,993. 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, 2024. III. Regulatory Analysis The Office of Information and Regulatory Affairs has determined that 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– VerDate Sep<11>2014 16:05 Jan 17, 2023 Jkt 259001 23–05, Implementation of Penalty Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2022). 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). PO 00000 Frm 00063 Fmt 4700 Sfmt 4700 2859 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 ‘‘$1,850’’ and add in its place ‘‘$1,993’’. ■ Jennifer Homendy, Chair. [FR Doc. 2023–00881 Filed 1–17–23; 8:45 am] BILLING CODE 7533–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 648 [Docket No: 210325–0071; RTID 0648– XC678] Fisheries of the Northeastern United States; Atlantic Herring Fishery; 2023 Management Area 3 Possession Limit Adjustment National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; possession limit adjustment. AGENCY: NMFS is implementing a 2,000-lb (907.2-kg) possession limit for Atlantic herring for Management Area 3. This is required because NMFS projects that herring catch from Area 3 will reach 98 percent of the Area’s subannual catch limit before the end of the fishing year. This action is intended to prevent overharvest of herring in Area 3, which would result in additional catch limit reductions in a subsequent year. SUMMARY: E:\FR\FM\18JAR1.SGM 18JAR1

Agencies

[Federal Register Volume 88, Number 11 (Wednesday, January 18, 2023)]
[Rules and Regulations]
[Pages 2858-2859]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-00881]


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NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 831

[Docket No.: NTSB-2023-0001]
RIN 3147-AA24


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 2023 
adjustment to the civil penalties that the agency may assess for 
violations of certain NTSB statutes and regulations.

DATES: This final rule is effective on January 18, 2023.

ADDRESSES: A copy of this final rule, published in the Federal Register 
(FR), is available at https://www.regulations.gov (Docket ID Number 
NTSB-2023-0001).

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

[[Page 2859]]

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) 2022, 
allowing the agency to impose a civil penalty up to $1,850, effective 
January 14, 2022 for violations involving 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, 87 FR 2352 (Jan. 14, 
2022).
    OMB has since published updated guidance for FY 2023. OMB, M-23-05, 
Implementation of Penalty Inflation Adjustments for 2023, Pursuant to 
the Federal Civil Penalties Inflation Adjustment Act Improvements Act 
of 2015 (Dec. 15, 2022). Accordingly, this final rule reflects the 
NTSB's 2023 annual inflation adjustment and updates the maximum civil 
penalty from $1,850 to $1,993.

II. The 2023 Annual Adjustment

    The 2023 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-23-05, Implementation of Penalty 
Inflation Adjustments for 2023, Pursuant to the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015 (Dec. 15, 2022). For 
FY 2023, OMB's guidance states that the cost-of-living adjustment 
multiplier is 1.07745.
    Accordingly, multiplying the current penalty of $1,850 by 1.07745 
equals $1,993.2825, which rounded to the nearest dollar equals $1,993. 
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, 2024.

III. Regulatory Analysis

    The Office of Information and Regulatory Affairs has determined 
that 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-23-05, 
Implementation of Penalty Inflation Adjustments for 2023, Pursuant to 
the Federal Civil Penalties Inflation Adjustment Act Improvements Act 
of 2015 (Dec. 15, 2022). 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:

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 ``$1,850'' and add 
in its place ``$1,993''.

Jennifer Homendy,
Chair.
[FR Doc. 2023-00881 Filed 1-17-23; 8:45 am]
BILLING CODE 7533-01-P
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