82_FR_47597 82 FR 47401 - Civil Monetary Penalty Catch Up Inflation Adjustment and Annual Inflation Adjustment

82 FR 47401 - Civil Monetary Penalty Catch Up Inflation Adjustment and Annual Inflation Adjustment

NATIONAL TRANSPORTATION SAFETY BOARD

Federal Register Volume 82, Issue 196 (October 12, 2017)

Page Range47401-47402
FR Document2017-21902

This Interim Final Rule adjusts for inflation the maximum civil penalty that the NTSB may assess against a person for violating certain NTSB statutes and regulations.

Federal Register, Volume 82 Issue 196 (Thursday, October 12, 2017)
[Federal Register Volume 82, Number 196 (Thursday, October 12, 2017)]
[Rules and Regulations]
[Pages 47401-47402]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2017-21902]


=======================================================================
-----------------------------------------------------------------------

NATIONAL TRANSPORTATION SAFETY BOARD

49 CFR Part 831

[Docket No.: NTSB-GC-2017-0001]
RIN 3147-AA20


Civil Monetary Penalty Catch Up Inflation Adjustment and Annual 
Inflation Adjustment

AGENCY: National Transportation Safety Board (NTSB).

ACTION: Interim Final Rule with request for comments.

-----------------------------------------------------------------------

SUMMARY: This Interim Final Rule adjusts for inflation the maximum 
civil penalty that the NTSB may assess against a person for violating 
certain NTSB statutes and regulations.

DATES: This Interim Final Rule is effective on October 12, 2017. The 
NTSB will accept written comments on this Interim Final Rule on or 
before October 27, 2017.

ADDRESSES: A copy of this Interim 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 
20594-003. Alternatively, a copy is available on the government-wide 
Web site on regulations at http://www.regulations.gov (Docket ID Number 
NTSB-GC-2017-0001).
    You may send comments identified by Docket ID Number NTSB-GC-2017-
0001 using any of the following methods:
    1. Federal eRulemaking Portal: Go to http://www.regulations.gov and 
follow the instructions for sending your comments electronically.
    2. Mail: Send comments to NTSB Office of General Counsel, 490 
L'Enfant Plaza East SW., Washington, DC 20594-003.
    3. Facsimile: Fax comments to 202-314-6090.
    4. Hand Delivery: Bring comments to 490 L'Enfant Plaza East SW., 
6th Floor, Washington, DC, between 9 a.m. and 5 p.m., Monday through 
Friday, except Legal public holidays.
    Privacy: We will post all comments we receive, without change, to 
http://www.regulations.gov, including any personal information 
provided.

FOR FURTHER INFORMATION CONTACT: Sean Dalton, Acting General Counsel, 
(202) 314-6389.

SUPPLEMENTARY INFORMATION: 

I. Background

    Pursuant to 49 U.S.C. 1155(a), the NTSB may impose a civil penalty 
up to $1,000 on a person who violates 49 U.S.C. 1132 (prescribing the 
NTSB's general authority to investigate aircraft accidents); 1134(b) 
(governing NTSB inspection and testing of aircraft and property on an 
aircraft); 1134(f)(1) (permitting the NTSB to conduct or order 
autopsies); 1136(g) (prohibiting attorneys from sending unsolicited 
communications to victims of aircraft accidents or their family 
members).
    The $1,000 maximum civil penalty amount must be adjusted for 
inflation in several ways. First, the NTSB must publish a catch-up 
adjustment to account for the effect of inflation since the maximum 
amount was established by Congress. Federal Civil Penalties Inflation 
Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890, as amended 
by the Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015, Public Law 114-74, sec. 701, 129 Stat. 584 (codified at 28 
U.S.C. 2461 note) (hereinafter ``Inflation Adjustment Act'').\1\ 
Second, the NTSB must publish an annual inflationary adjustment no 
later than January 15th of each year, beginning in 2017. The Office of 
Management and Budget (OMB) has published guidance on the initial 
catch-up adjustment, OMB, M 16-06, Implementation of the Federal Civil 
Penalties Inflation Adjustment Act Improvements Act of 2015 (2016) 
(hereinafter ``OMB catch-up guidance''), and the 2017 yearly 
adjustment. OMB, M 17-11, Implementation of the 2017 annual adjustment 
pursuant to the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (2016) (hereinafter ``OMB annual guidance''). 
This Interim Final Rule combines the NTSB's catch-up adjustment that 
was due by July 1, 2016, and the NTSB's 2017 annual inflation 
adjustment. See OMB annual guidance, supra, at 4 (stating that agencies 
can finalize their catch-up adjustments in the same rulemaking as their 
annual adjustments).
---------------------------------------------------------------------------

    \1\ The 2015 Act replaced inflation adjustment procedures 
established by the Debt Collection Improvement Act of 1996, Public 
Law 104-134, sec. 31001(s)(1), 110 Stat. 1321-373.
---------------------------------------------------------------------------

II. The Catch-Up Adjustment

A. The Catch-Up Adjustment Increases the NTSB's $1,000 Maximum Penalty 
Amount to $1,591

    In order to complete the catch-up adjustment required by the 
Inflation Adjustment Act, the NTSB must first identify the year in 
which the $1,000 maximum penalty amount was either (1) established by 
Congress, or (2) last adjusted by Congress or the agency through 
regulation, other than pursuant to the Inflation Adjustment Act, 
whichever is later. Next, the NTSB must modify the maximum penalty 
amount based on the percentage by which the Consumer Price Index for 
all Urban Consumers (CPI-U) for the month of October 2015, not 
seasonally adjusted, exceeds the CPI-U for the month of October for the 
calendar year when the penalty amount was established or last adjusted. 
28 U.S.C. 2461 note, sec 4(a), 5(b)(2); OMB catch-up guidance, supra, 
at 3. The OMB catch-up guidance contains a table listing multipliers 
that can be used to adjust the maximum penalty amount based on the year 
the penalty was established or last adjusted (the ``CPI-U 
Multiplier''). OMB catch-up guidance, supra, at 6. After applying this 
multiplier, the NTSB must round all penalty amounts to the nearest 
dollar. 28 U.S.C. 2461 note, sec. 5(a).
    The $1,000 maximum penalty amount was established in 1994, Public 
Law 103-272, sec. 1(d), 108 Stat. 745 (1994), and has not since been 
modified. 49 U.S.C. 1155(a). OMB's CPI-U Multiplier for 1994 is 
1.59089. OMB catch-up guidance, supra, at 6. A maximum penalty amount 
of $1,000 multiplied by 1.59089 equals $1,590.89. Rounding to the 
nearest dollar equals $1,591. This is less than a 150% increase, and 
therefore does not need to be reduced. 28 U.S.C. 2461 note, sec. 
5(b)(2)(C); OMB catch-up guidance, supra, at 8.

[[Page 47402]]

B. The NTSB Will Not Seek an Adjustment Below the Otherwise Required 
Catch-Up Adjustment Amount

    The Inflation Adjustment Act permits the NTSB to adjust the maximum 
civil penalty amount by less than the required amount if OMB concurs 
and the NTSB determines that the required adjustment will have a 
negative economic impact, or the social costs will outweigh the 
benefits. 28 U.S.C. 2461 note, sec. 4(c). The NTSB is not seeking an 
adjustment below the otherwise required amount. The required catch-up 
adjustment amount is sufficient to deter violations of the NTSB's 
statutes and regulations, and the NTSB does not perceive that a 
negative economic impact or social cost will result from the catch-up 
adjustment.

III. The Annual Adjustment

    The maximum civil penalty amount established by the catch-up 
adjustment, $1,591, must be adjusted annually for inflation by January 
15th of each year, beginning in 2017. 28 U.S.C. 2461 note, sec. 4(b); 
OMB annual guidance, supra, at 1. The OMB annual guidance states that 
the CPI-U multiplier representing the increase from the October 2015 
CPI-U to the October 2016 CPI-U is 1.01636. OMB annual guidance, supra, 
at 1. Multiplying $1,591 times 1.01636 equals $1617.02876. Rounding to 
the nearest dollar equals $1,617.
    The new maximum penalty amount applies only to civil penalties 
assessed after the effective date of this Interim Final Rule. The NTSB 
will next adjust this amount for inflation by January 15, 2018.

IV. Regulatory Analysis

    The Inflation Adjustment Act requires the NTSB to complete its 
catch-up adjustment in an Interim Final Rule. 28 U.S.C. 2461 note, sec. 
4(b)(1)(A). Similarly, the Act provides that annual adjustments shall 
be completed ``notwithstanding [5 U.S.C. 553]''. 28 U.S.C. 2461 note, 
sec. 4(b)(2).
    This rule does not require an assessment of its potential costs and 
benefits under section 6(a)(3) of E.O. 12866, Regulatory Planning and 
Review, 58 FR 51735 (Sept. 30, 1993), because it is not a ``significant 
regulatory action'' under section 3(f) of that Order. Thus, the Office 
of Management and Budget has not reviewed this rule under E.O. 12866. 
Likewise, this rule does not require an analysis under the Unfunded 
Mandates Reform Act, 2 U.S.C. 1501-71, or the National Environmental 
Policy Act, 42 U.S.C. 4321-47.
    The NTSB does not anticipate this rule will have a substantial, 
direct effect on state or local governments or will preempt state law; 
as such, this rule does not have implications for federalism under E.O. 
13132, Federalism, 64 FR 43255 (Aug. 4, 1999).
    This rule also complies with all applicable standards in sections 
3(a) and 3(b)(2) of E.O. 12988, Civil Justice Reform, 61 FR 4729 (Feb. 
5, 1996), to minimize litigation, eliminate ambiguity, and reduce 
burden.
    NTSB has evaluated this rule under: E.O. 12630, Governmental 
Actions and Interference With Constitutionally Protected Property 
Rights, 53 FR 8859 (Mar. 15, 1988); E.O. 13045, Protection of Children 
From Environmental Health Risks and Safety Risks, 62 FR 19885 (Apr. 21, 
1997); E.O. 13175, Consultation and Coordination With Indian Tribal 
Governments, 65 FR 67249 (Nov. 6, 2000); E.O. 13211, Actions Concerning 
Regulations That Significantly Affect Energy Supply, Distribution, or 
Use, 66 FR 28355 (May 18, 2001); and the National Technology Transfer 
and Advancement Act, Public Law 104-113, 110 Stat. 775, Mar. 7, 1996. 
The NTSB has concluded that this Interim Final Rule neither violates, 
nor requires further consideration under those Orders and statutes.
    The NTSB invites comments relating to any of the foregoing 
determinations and notes the most helpful comments reference a specific 
portion of this Interim Final Rule, explain the reason for any 
recommended change, and include supporting data.

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 is revised 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).


0
2. Add Sec.  831.15 to read as follows:


Sec.  831.15  Civil penalties.

    The NTSB is required by the Federal Civil Penalties Inflation 
Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890, as amended 
by the Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015, Public Law 114-74, sec. 701, 129 Stat. 584 (codified at 28 
U.S.C. 2461 note) to adjust the maximum amount of each civil monetary 
penalty within its jurisdiction by the rate of inflation. Accordingly, 
for violations of 49 U.S.C. 1132, 1134(b), 1134(f)(1), or 1136(g), the 
NTSB may assess a civil penalty pursuant to 49 U.S.C. 1155(a) no 
greater than $1,617 against any person, except a member of the armed 
forces of the United States or an employee of the Department of Defense 
subject to the Uniform Code of Military Justice, when the member or 
employee is performing official duties.

Robert L. Sumwalt III,
Chairman.
[FR Doc. 2017-21902 Filed 10-11-17; 8:45 am]
 BILLING CODE 7533-01-P



                                                                 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations                                      47401

                                                90.675, 90.676 and 90.677 will assist                   0001 using any of the following                       (hereinafter ‘‘OMB catch-up guidance’’),
                                                800 MHz licensees in preventing or                      methods:                                              and the 2017 yearly adjustment. OMB,
                                                resolving interference and enable the                     1. Federal eRulemaking Portal: Go to                M 17–11, Implementation of the 2017
                                                Commission to implement its rebanding                   http://www.regulations.gov and follow                 annual adjustment pursuant to the
                                                program. Under that program, certain                    the instructions for sending your                     Federal Civil Penalties Inflation
                                                licensees are being relocated to new                    comments electronically.                              Adjustment Act Improvements Act of
                                                frequencies in the 800 MHz band, with                     2. Mail: Send comments to NTSB                      2015 (2016) (hereinafter ‘‘OMB annual
                                                all rebanding costs paid by Sprint                      Office of General Counsel, 490 L’Enfant               guidance’’). This Interim Final Rule
                                                Nextel Corporation (Sprint). The                        Plaza East SW., Washington, DC 20594–                 combines the NTSB’s catch-up
                                                Commission’s overarching objective in                   003.
                                                                                                                                                              adjustment that was due by July 1, 2016,
                                                this proceeding is to eliminate                           3. Facsimile: Fax comments to 202–
                                                                                                        314–6090.                                             and the NTSB’s 2017 annual inflation
                                                interference to public safety                                                                                 adjustment. See OMB annual guidance,
                                                communications. The Commission’s                          4. Hand Delivery: Bring comments to
                                                                                                        490 L’Enfant Plaza East SW., 6th Floor,               supra, at 4 (stating that agencies can
                                                orders provided for the 800 MHz
                                                                                                        Washington, DC, between 9 a.m. and 5                  finalize their catch-up adjustments in
                                                licensees in non-border areas to
                                                complete rebanding by June 26, 2008.                    p.m., Monday through Friday, except                   the same rulemaking as their annual
                                                This completion date was not met and                    Legal public holidays.                                adjustments).
                                                the Commission orders also provide for                    Privacy: We will post all comments                  II. The Catch-Up Adjustment
                                                rebanding to be completed in the areas                  we receive, without change, to http://
                                                along the U.S. borders with Canada and                  www.regulations.gov, including any                    A. The Catch-Up Adjustment Increases
                                                Mexico.                                                 personal information provided.                        the NTSB’s $1,000 Maximum Penalty
                                                                                                        FOR FURTHER INFORMATION CONTACT:                      Amount to $1,591
                                                Federal Communications Commission.
                                                                                                        Sean Dalton, Acting General Counsel,
                                                Marlene H. Dortch,                                                                                               In order to complete the catch-up
                                                                                                        (202) 314–6389.
                                                Secretary.                                                                                                    adjustment required by the Inflation
                                                                                                        SUPPLEMENTARY INFORMATION:
                                                [FR Doc. 2017–22062 Filed 10–11–17; 8:45 am]                                                                  Adjustment Act, the NTSB must first
                                                BILLING CODE 6712–01–P                                  I. Background                                         identify the year in which the $1,000
                                                                                                           Pursuant to 49 U.S.C. 1155(a), the                 maximum penalty amount was either (1)
                                                                                                        NTSB may impose a civil penalty up to                 established by Congress, or (2) last
                                                NATIONAL TRANSPORTATION                                 $1,000 on a person who violates 49                    adjusted by Congress or the agency
                                                SAFETY BOARD                                            U.S.C. 1132 (prescribing the NTSB’s                   through regulation, other than pursuant
                                                                                                        general authority to investigate aircraft             to the Inflation Adjustment Act,
                                                49 CFR Part 831                                         accidents); 1134(b) (governing NTSB                   whichever is later. Next, the NTSB must
                                                [Docket No.: NTSB–GC–2017–0001]                         inspection and testing of aircraft and                modify the maximum penalty amount
                                                                                                        property on an aircraft); 1134(f)(1)                  based on the percentage by which the
                                                RIN 3147–AA20
                                                                                                        (permitting the NTSB to conduct or                    Consumer Price Index for all Urban
                                                Civil Monetary Penalty Catch Up                         order autopsies); 1136(g) (prohibiting                Consumers (CPI–U) for the month of
                                                Inflation Adjustment and Annual                         attorneys from sending unsolicited                    October 2015, not seasonally adjusted,
                                                Inflation Adjustment                                    communications to victims of aircraft                 exceeds the CPI–U for the month of
                                                                                                        accidents or their family members).                   October for the calendar year when the
                                                AGENCY:  National Transportation Safety                    The $1,000 maximum civil penalty                   penalty amount was established or last
                                                Board (NTSB).                                           amount must be adjusted for inflation in              adjusted. 28 U.S.C. 2461 note, sec 4(a),
                                                ACTION: Interim Final Rule with request                 several ways. First, the NTSB must                    5(b)(2); OMB catch-up guidance, supra,
                                                for comments.                                           publish a catch-up adjustment to                      at 3. The OMB catch-up guidance
                                                                                                        account for the effect of inflation since             contains a table listing multipliers that
                                                SUMMARY:   This Interim Final Rule                      the maximum amount was established                    can be used to adjust the maximum
                                                adjusts for inflation the maximum civil                 by Congress. Federal Civil Penalties
                                                                                                                                                              penalty amount based on the year the
                                                penalty that the NTSB may assess                        Inflation Adjustment Act of 1990, Public
                                                                                                                                                              penalty was established or last adjusted
                                                against a person for violating certain                  Law 101–410, 104 Stat. 890, as amended
                                                NTSB statutes and regulations.                                                                                (the ‘‘CPI–U Multiplier’’). OMB catch-up
                                                                                                        by the Federal Civil Penalties Inflation
                                                                                                                                                              guidance, supra, at 6. After applying
                                                DATES: This Interim Final Rule is                       Adjustment Act Improvements Act of
                                                                                                        2015, Public Law 114–74, sec. 701, 129                this multiplier, the NTSB must round
                                                effective on October 12, 2017. The
                                                                                                        Stat. 584 (codified at 28 U.S.C. 2461                 all penalty amounts to the nearest
                                                NTSB will accept written comments on
                                                                                                        note) (hereinafter ‘‘Inflation Adjustment             dollar. 28 U.S.C. 2461 note, sec. 5(a).
                                                this Interim Final Rule on or before
                                                October 27, 2017.                                       Act’’).1 Second, the NTSB must publish                   The $1,000 maximum penalty amount
                                                ADDRESSES: A copy of this Interim Final                 an annual inflationary adjustment no                  was established in 1994, Public Law
                                                Rule, published in the Federal Register                 later than January 15th of each year,                 103–272, sec. 1(d), 108 Stat. 745 (1994),
                                                (FR), is available for inspection and                   beginning in 2017. The Office of                      and has not since been modified. 49
                                                copying in the NTSB’s public reading                    Management and Budget (OMB) has                       U.S.C. 1155(a). OMB’s CPI–U Multiplier
                                                room, located at 490 L’Enfant Plaza SW.,                published guidance on the initial catch-              for 1994 is 1.59089. OMB catch-up
                                                Washington, DC 20594–003.                               up adjustment, OMB, M 16–06,                          guidance, supra, at 6. A maximum
jstallworth on DSKBBY8HB2PROD with RULES




                                                Alternatively, a copy is available on the               Implementation of the Federal Civil                   penalty amount of $1,000 multiplied by
                                                government-wide Web site on                             Penalties Inflation Adjustment Act                    1.59089 equals $1,590.89. Rounding to
                                                regulations at http://                                  Improvements Act of 2015 (2016)                       the nearest dollar equals $1,591. This is
                                                www.regulations.gov (Docket ID Number                                                                         less than a 150% increase, and therefore
                                                                                                          1 The 2015 Act replaced inflation adjustment
                                                NTSB–GC–2017–0001).                                                                                           does not need to be reduced. 28 U.S.C.
                                                                                                        procedures established by the Debt Collection
                                                   You may send comments identified                     Improvement Act of 1996, Public Law 104–134, sec.     2461 note, sec. 5(b)(2)(C); OMB catch-up
                                                by Docket ID Number NTSB–GC–2017–                       31001(s)(1), 110 Stat. 1321–373.                      guidance, supra, at 8.


                                           VerDate Sep<11>2014   14:21 Oct 11, 2017   Jkt 244001   PO 00000   Frm 00039   Fmt 4700   Sfmt 4700   E:\FR\FM\12OCR1.SGM   12OCR1


                                                47402            Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations

                                                B. The NTSB Will Not Seek an                            on state or local governments or will                 Improvements Act of 2015, Public Law
                                                Adjustment Below the Otherwise                          preempt state law; as such, this rule                 114–74, sec. 701, 129 Stat. 584 (codified
                                                Required Catch-Up Adjustment Amount                     does not have implications for                        at 28 U.S.C. 2461 note) to adjust the
                                                  The Inflation Adjustment Act permits                  federalism under E.O. 13132,                          maximum amount of each civil
                                                the NTSB to adjust the maximum civil                    Federalism, 64 FR 43255 (Aug. 4, 1999).               monetary penalty within its jurisdiction
                                                penalty amount by less than the                           This rule also complies with all                    by the rate of inflation. Accordingly, for
                                                required amount if OMB concurs and                      applicable standards in sections 3(a)                 violations of 49 U.S.C. 1132, 1134(b),
                                                the NTSB determines that the required                   and 3(b)(2) of E.O. 12988, Civil Justice              1134(f)(1), or 1136(g), the NTSB may
                                                adjustment will have a negative                         Reform, 61 FR 4729 (Feb. 5, 1996), to                 assess a civil penalty pursuant to 49
                                                economic impact, or the social costs                    minimize litigation, eliminate                        U.S.C. 1155(a) no greater than $1,617
                                                will outweigh the benefits. 28 U.S.C.                   ambiguity, and reduce burden.                         against any person, except a member of
                                                2461 note, sec. 4(c). The NTSB is not                     NTSB has evaluated this rule under:                 the armed forces of the United States or
                                                seeking an adjustment below the                         E.O. 12630, Governmental Actions and                  an employee of the Department of
                                                otherwise required amount. The                          Interference With Constitutionally                    Defense subject to the Uniform Code of
                                                required catch-up adjustment amount is                  Protected Property Rights, 53 FR 8859                 Military Justice, when the member or
                                                sufficient to deter violations of the                   (Mar. 15, 1988); E.O. 13045, Protection               employee is performing official duties.
                                                NTSB’s statutes and regulations, and the                of Children From Environmental Health
                                                                                                                                                              Robert L. Sumwalt III,
                                                NTSB does not perceive that a negative                  Risks and Safety Risks, 62 FR 19885
                                                                                                        (Apr. 21, 1997); E.O. 13175,                          Chairman.
                                                economic impact or social cost will                                                                           [FR Doc. 2017–21902 Filed 10–11–17; 8:45 am]
                                                result from the catch-up adjustment.                    Consultation and Coordination With
                                                                                                        Indian Tribal Governments, 65 FR                      BILLING CODE 7533–01–P
                                                III. The Annual Adjustment                              67249 (Nov. 6, 2000); E.O. 13211,
                                                   The maximum civil penalty amount                     Actions Concerning Regulations That
                                                established by the catch-up adjustment,                 Significantly Affect Energy Supply,                   DEPARTMENT OF COMMERCE
                                                $1,591, must be adjusted annually for                   Distribution, or Use, 66 FR 28355 (May
                                                inflation by January 15th of each year,                 18, 2001); and the National Technology                National Oceanic and Atmospheric
                                                beginning in 2017. 28 U.S.C. 2461 note,                 Transfer and Advancement Act, Public                  Administration
                                                sec. 4(b); OMB annual guidance, supra,                  Law 104–113, 110 Stat. 775, Mar. 7,
                                                at 1. The OMB annual guidance states                    1996. The NTSB has concluded that this                50 CFR Part 679
                                                that the CPI–U multiplier representing                  Interim Final Rule neither violates, nor
                                                                                                                                                              [Docket No. 161020985–7181–02]
                                                the increase from the October 2015 CPI–                 requires further consideration under
                                                U to the October 2016 CPI–U is 1.01636.                 those Orders and statutes.                            RIN 0648–XF731
                                                OMB annual guidance, supra, at 1.                         The NTSB invites comments relating
                                                Multiplying $1,591 times 1.01636                        to any of the foregoing determinations                Fisheries of the Exclusive Economic
                                                equals $1617.02876. Rounding to the                     and notes the most helpful comments                   Zone Off Alaska; Sculpins in the
                                                nearest dollar equals $1,617.                           reference a specific portion of this                  Bering Sea and Aleutian Islands
                                                   The new maximum penalty amount                       Interim Final Rule, explain the reason                Management Area
                                                applies only to civil penalties assessed                for any recommended change, and
                                                                                                                                                              AGENCY:  National Marine Fisheries
                                                after the effective date of this Interim                include supporting data.
                                                                                                                                                              Service (NMFS), National Oceanic and
                                                Final Rule. The NTSB will next adjust                   List of Subjects in 49 CFR Part 831                   Atmospheric Administration (NOAA),
                                                this amount for inflation by January 15,                                                                      Commerce.
                                                2018.                                                      Aircraft accidents, Aircraft incidents,
                                                                                                        Aviation safety, Hazardous materials                  ACTION: Temporary rule; closure.
                                                IV. Regulatory Analysis                                 transportation, Highway safety,
                                                                                                                                                              SUMMARY:  NMFS is prohibiting retention
                                                   The Inflation Adjustment Act requires                Investigations, Marine safety, Pipeline
                                                                                                                                                              of sculpins in the Bering Sea and
                                                the NTSB to complete its catch-up                       safety, Railroad safety.
                                                                                                                                                              Aleutian Islands management area
                                                adjustment in an Interim Final Rule. 28                    Accordingly, for the reasons stated in             (BSAI). This action is necessary because
                                                U.S.C. 2461 note, sec. 4(b)(1)(A).                      the Preamble, the NTSB amends 49 CFR                  the 2017 sculpins initial total allowable
                                                Similarly, the Act provides that annual                 part 831 as follows:                                  catch (ITAC) in the BSAI has been
                                                adjustments shall be completed                                                                                reached.
                                                ‘‘notwithstanding [5 U.S.C. 553]’’. 28                  PART 831—INVESTIGATION
                                                U.S.C. 2461 note, sec. 4(b)(2).                         PROCEDURES                                            DATES: Effective 1200 hrs, Alaska local
                                                   This rule does not require an                                                                              time (A.l.t.), October 6, 2017, through
                                                                                                        ■  1. The authority citation for part 831             2400 hrs, A.l.t., December 31, 2017.
                                                assessment of its potential costs and
                                                                                                        is revised to read as follows:                        FOR FURTHER INFORMATION CONTACT:
                                                benefits under section 6(a)(3) of E.O.
                                                12866, Regulatory Planning and Review,                      Authority: 49 U.S.C. 1113(f).                     Steve Whitney, 907–586–7228.
                                                58 FR 51735 (Sept. 30, 1993), because it                  Section 831.15 also issued under Pub.               SUPPLEMENTARY INFORMATION: NMFS
                                                is not a ‘‘significant regulatory action’’              L. 101–410, 104 Stat. 890, amended by                 manages the groundfish fishery in the
                                                under section 3(f) of that Order. Thus,                 Pub. L. 114–74, sec. 701, 129 Stat. 584               BSAI according to the Fishery
                                                the Office of Management and Budget                     (28 U.S.C. 2461 note).                                Management Plan for Groundfish of the
                                                has not reviewed this rule under E.O.                   ■   2. Add § 831.15 to read as follows:               Bering Sea and Aleutian Islands
jstallworth on DSKBBY8HB2PROD with RULES




                                                12866. Likewise, this rule does not                                                                           Management Area (FMP) prepared by
                                                require an analysis under the Unfunded                  § 831.15    Civil penalties.                          the North Pacific Fishery Management
                                                Mandates Reform Act, 2 U.S.C. 1501–71,                    The NTSB is required by the Federal                 Council under authority of the
                                                or the National Environmental Policy                    Civil Penalties Inflation Adjustment Act              Magnuson-Stevens Fishery
                                                Act, 42 U.S.C. 4321–47.                                 of 1990, Public Law 101–410, 104 Stat.                Conservation and Management Act.
                                                   The NTSB does not anticipate this                    890, as amended by the Federal Civil                  Regulations governing fishing by U.S.
                                                rule will have a substantial, direct effect             Penalties Inflation Adjustment Act                    vessels in accordance with the FMP


                                           VerDate Sep<11>2014   14:21 Oct 11, 2017   Jkt 244001   PO 00000   Frm 00040   Fmt 4700   Sfmt 4700   E:\FR\FM\12OCR1.SGM   12OCR1



Document Created: 2018-10-25 10:06:22
Document Modified: 2018-10-25 10:06:22
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim Final Rule with request for comments.
DatesThis Interim Final Rule is effective on October 12, 2017. The NTSB will accept written comments on this Interim Final Rule on or before October 27, 2017.
ContactSean Dalton, Acting General Counsel, (202) 314-6389.
FR Citation82 FR 47401 
RIN Number3147-AA20
CFR AssociatedAircraft Accidents; Aircraft Incidents; Aviation Safety; Hazardous Materials Transportation; Highway Safety; Investigations; Marine Safety; Pipeline Safety and Railroad Safety

2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR