Civil Monetary Penalty Annual Inflation Adjustment, 4677-4678 [2025-00835]
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Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations
benefits, before issuing ‘‘any rule that
includes any Federal mandate that may
result in the expenditure by State, local,
and tribal governments, in the aggregate,
or by the private sector, of $100,000,000
or more (adjusted annually for inflation)
in any one year.’’ The current inflationadjusted statutory threshold is
approximately $156 million based on
the Bureau of Labor Statistics inflation
calculator. The agency does not expect
this rule will result in any one-year
expenditure that would meet or exceed
this amount.
V. Review Under the Paperwork
Reduction Act of 1995 (44 U.S.C. 35–1
et seq.)
This rule does not contain any
information collection requirements
subject to the Paperwork Reduction Act.
VI. Review Under Executive Order
13132, Federalism
This rule will not have any direct
effects on 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. Therefore,
no federalism assessment is required.
List of Subjects in 45 CFR Part 5b
Privacy.
For the reasons set out in the
preamble, the Department of Health and
Human Services amends 45 CFR part 5b
as follows:
PART 5B—PRIVACY ACT
REGULATIONS
1. The authority citation for part 5b
continues to read as follows:
■
Authority: 5 U.S.C. 301, 5 U.S.C. 552a.
2. Amend § 5b.11 by adding paragraph
(b)(2)(ix) to read as follows:
■
§ 5b.11
Exempt systems.
ddrumheller on DSK120RN23PROD with RULES1
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(b) * * *
(2) * * *
(ix) Pursuant to subsections (j)(2) and
(k)(2) of the Act:
(A) NIH Police Records, 09–25–0224.
(All law enforcement investigatory
records are exempt from subsections
(c)(3), (d)(1) through (4), (e)(1), (e)(4)(G)
through (I), and (f) of the Act; criminal
law enforcement investigatory records
are exempt from additional subsections
(c)(4), (e)(2) and (3), (e)(5), (e)(8), and
(g); the access exemption for noncriminal law enforcement investigatory
records is limited as provided in
subsection (k)(2).)
VerDate Sep<11>2014
17:12 Jan 15, 2025
Jkt 265001
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(B) [Reserved]
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Xavier Becerra,
Secretary, Department of Health and Human
Services.
[FR Doc. 2025–00670 Filed 1–15–25; 8:45 am]
BILLING CODE 4150–01–P
NATIONAL TRANSPORTATION
SAFETY BOARD
49 CFR Part 831
[Docket No.: NTSB–2025–0001]
RIN 3147–AA33
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 2025 adjustment to the
civil penalties that the agency may
assess for violations of certain NTSB
statutes and regulations.
DATES: This final rule is effective
January 16, 2025.
ADDRESSES: A copy of this final rule,
published in the Federal Register (FR),
is available at https://
www.regulations.gov (Docket ID Number
NTSB–2025–0001).
FOR FURTHER INFORMATION CONTACT:
William Thomas (Tom) McMurry, Jr.,
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
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) 2024, allowing
the agency to impose a civil penalty up
to $2,058, effective January 9, 2024 for
violations involving 49 U.S.C. 1132
(Civil aircraft accident investigations),
1134(b) (Inspection, testing,
preservation, and moving of aircraft and
PO 00000
Frm 00093
Fmt 4700
Sfmt 4700
4677
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, 89 FR 1035 (Jan. 9, 2024).
OMB has since published updated
guidance for FY 2024. OMB, M–25–02,
Implementation of Penalty Inflation
Adjustments for 2025, Pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (Dec. 17, 2024). Accordingly, this
final rule reflects the NTSB’s 2025
annual inflation adjustment and updates
the maximum civil penalty from $2,058
to $2,111.
II. The 2025 Annual Adjustment
The 2025 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–25–02, Implementation
of Penalty Inflation Adjustments for
2025, Pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015 (Dec. 17,
2024). For FY 2025, OMB’s guidance
states that the cost-of-living adjustment
multiplier is 1.02598.
Accordingly, multiplying the current
penalty of $2,058 by 1.02598 equals
$2,111.46684 which rounded to the
nearest dollar equals $2,111. 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, 2026.
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
$200 million are generally not
significant regulatory actions under
Executive Order (E.O.) 12866. OMB, M–
23–05, Implementation of Penalty
Inflation Adjustments for 2024,
Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (Dec. 19, 2023). Thus, 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 analysis under the Unfunded
Mandates Reform Act of 1995 because
this final rule is not significant.
E:\FR\FM\16JAR1.SGM
16JAR1
4678
Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations
ddrumheller on DSK120RN23PROD with RULES1
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
VerDate Sep<11>2014
17:12 Jan 15, 2025
Jkt 265001
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 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,
PO 00000
Frm 00094
Fmt 4700
Sfmt 9990
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 ‘‘$2,058’’ and adding in
its place ‘‘$2,111’’.
■
William T. McMurry, Jr.,
General Counsel.
[FR Doc. 2025–00835 Filed 1–15–25; 8:45 am]
BILLING CODE 7533–01–P
E:\FR\FM\16JAR1.SGM
16JAR1
Agencies
[Federal Register Volume 90, Number 10 (Thursday, January 16, 2025)]
[Rules and Regulations]
[Pages 4677-4678]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2025-00835]
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NATIONAL TRANSPORTATION SAFETY BOARD
49 CFR Part 831
[Docket No.: NTSB-2025-0001]
RIN 3147-AA33
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 2025
adjustment to the civil penalties that the agency may assess for
violations of certain NTSB statutes and regulations.
DATES: This final rule is effective January 16, 2025.
ADDRESSES: A copy of this final rule, published in the Federal Register
(FR), is available at https://www.regulations.gov (Docket ID Number
NTSB-2025-0001).
FOR FURTHER INFORMATION CONTACT: William Thomas (Tom) McMurry, Jr.,
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) 2024,
allowing the agency to impose a civil penalty up to $2,058, effective
January 9, 2024 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, 89 FR 1035 (Jan. 9, 2024).
OMB has since published updated guidance for FY 2024. OMB, M-25-02,
Implementation of Penalty Inflation Adjustments for 2025, Pursuant to
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015 (Dec. 17, 2024). Accordingly, this final rule reflects the
NTSB's 2025 annual inflation adjustment and updates the maximum civil
penalty from $2,058 to $2,111.
II. The 2025 Annual Adjustment
The 2025 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-25-02, Implementation of Penalty
Inflation Adjustments for 2025, Pursuant to the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015 (Dec. 17, 2024). For
FY 2025, OMB's guidance states that the cost-of-living adjustment
multiplier is 1.02598.
Accordingly, multiplying the current penalty of $2,058 by 1.02598
equals $2,111.46684 which rounded to the nearest dollar equals $2,111.
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, 2026.
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 $200 million are generally not significant
regulatory actions under Executive Order (E.O.) 12866. OMB, M-23-05,
Implementation of Penalty Inflation Adjustments for 2024, Pursuant to
the Federal Civil Penalties Inflation Adjustment Act Improvements Act
of 2015 (Dec. 19, 2023). Thus, 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 analysis under the Unfunded
Mandates Reform Act of 1995 because this final rule is not significant.
[[Page 4678]]
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 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 ``$2,058'' and
adding in its place ``$2,111''.
William T. McMurry, Jr.,
General Counsel.
[FR Doc. 2025-00835 Filed 1-15-25; 8:45 am]
BILLING CODE 7533-01-P