[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]


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

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