Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Rules and Regulations 1035 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Part 831 

[Docket No.: NTSB–2024–0001] 

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 2024 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 9, 2024. 

ADDRESSES: A copy of this final rule, 

published in the Federal Register (FR), 

is available at https://

www.regulations.gov (Docket ID Number 

NTSB–2024–0001). 

FOR FURTHER INFORMATION CONTACT: 

William Thomas (Tom) McMurry, Jr., 

General Counsel, (202) 314–6080 or 

rulemaking@ntsb.gov. 

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) 2023, allowing 

the agency to impose a civil penalty up 

to $1,993, effective January 18, 2023 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, 88 FR 2858 (Jan. 18, 2023). 

OMB has since published updated 

guidance for FY 2024. OMB, M–24–07, 

Implementation of Penalty Inflation 

Adjustments for 2024, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Dec. 19, 2023). Accordingly, this 

final rule reflects the NTSB’s 2024 

annual inflation adjustment and updates 

the maximum civil penalty from $1,993 

to $2,058. 

II. The 2024 Annual Adjustment 

The 2024 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 

2024, Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Dec. 19, 

2023). For FY 2024, OMB’s guidance 

states that the cost-of-living adjustment 

multiplier is 1.03241. 

Accordingly, multiplying the current 

penalty of $1,993 by 1.03241 equals 

$2,057.59313 which rounded up to the 

nearest dollar equals $2,058. 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, 2025. 

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 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 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). 


khammond on DSKJM1Z7X2PROD with RULES
1036 Federal Register / Vol. 89, No. 6 / Tuesday, January 9, 2024 / Rules and Regulations 

§ 831.15 [Amended] 

■ 2. Amend § 831.15 by removing the 

dollar amount ‘‘$1,993’’ and add in its 

place ‘‘$2,058’’. 

William T. McMurry, Jr., 

General Counsel. 

[FR Doc. 2024–00228 Filed 1–8–24; 8:45 am] 

BILLING CODE 7533–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 648 

[Docket No. 230810–0190; RTID 0648–BL95] 

Temporary Rule To Extend Gulf of 

Maine Haddock Emergency Action for 

the Northeast Multispecies Fishery 

Management Plan 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; emergency 

action. 

SUMMARY: This temporary rule 

implements an extension of the Gulf of 

Maine haddock emergency action for 

the Northeast multispecies fishery 

through the remainder of the 2023 

fishing year. The emergency action 

extension is necessary to minimize the 

potential economic consequences 

associated with a substantial reduction 

in the Gulf of Maine haddock annual 

catch limit compared to recent years for 

a stock that remains at a very high level 

of biomass, while still preventing 

overfishing. 

DATES: Effective January 9, 2024, 

through April 30, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Claire Fitz-Gerald, Fishery Policy 

Analyst, (978) 281–9255. 

SUPPLEMENTARY INFORMATION: At the 

New England Fishery Management 

Council’s request, NMFS took 

emergency action to increase the Gulf of 

Maine (GOM) haddock acceptable 

biological catch (ABC). NMFS increased 

the ABC to 100 percent of the fishing 

mortality associated with the maximum 

sustainable yield (FMSY) (2,515 metric 

tons (mt)) for fishing year 2023. The 

emergency measures were included in 

the final rule for Framework Adjustment 

65 to the Northeast Multispecies Fishery 

Management Plan (FMP) (88 FR 56527; 

August 18, 2023). 

The Council took final action on 

Framework 65 at its December 2022 

meeting. Framework 65 set fishing year 

2023 specifications for 16 groundfish 

stocks, including GOM haddock. The 

ABC for GOM haddock included in 

Framework 65 for fishing year 2023 was 

1,936 mt. This ABC represented an 83- 

percent reduction from the fishing year 

2022 ABC. The recommendation was 

based on the results of the 2022 

management track assessment for the 

stock and a 75-percent FMSY, which is 

consistent with the Council’s ABC 

control rule for stocks that are not in a 

rebuilding plan. 

Following the December 2022 Council 

meeting, members of the fishing 

industry started reporting an 

unanticipated increase in interactions 

with GOM haddock and raising 

concerns that the fishery may either 

meet or exceed its allocation of GOM 

haddock mid-fishing year due to the low 

quota, which could result in the closure 

of the GOM broad stock area to the 

commercial groundfish fleet or forgoing 

other fishing opportunities in the GOM 

in an effort to avoid haddock, both of 

which would have severely negative 

impacts for the fishery. 

At its April meeting, in response to 

fishing industry concerns, the Council 

voted to request that NMFS implement 

an emergency action to set the GOM 

haddock ABC for fishing year 2023 at 90 

percent of FMSY, or 2,281 mt, rather than 

the ABC that was recommended in 

Framework 65 (1,936 mt, based on 75- 

percent of FMSY). On May 2, 2023, the 

Council sent a letter requesting the 

emergency action. NMFS reviewed the 

request and determined that this 

situation met the criteria specified for 

emergency rulemaking (62 FR 44421; 

August 21, 1997). NMFS based this 

decision on the robust status of the 

stock, which is estimated to be at 270 

percent of its biomass target, recent 

survey trends indicating that the stock 

may have experienced another episodic 

positive recruitment event in 2020, and 

the temporary nature of the emergency 

action and any potential extension. 

NMFS determined that the GOM 

haddock ABC could be set as high as 

100 percent of FMSY (2,515 mt) for 

fishing year 2023 to minimize economic 

harm to industry to the extent 

practicable, while still preventing 

overfishing. The emergency action 

implementing the increased fishing year 

2023 GOM haddock ABC published on 

August 18, 2023. 

The emergency measures will expire 

on February 14, 2024, under the 

Magnuson-Stevens Fishery 

Conservation and Management Act’s 

initial 180-day limit on the duration of 

an emergency action. The MagnusonStevens Act allows an extension of 

emergency actions for up to 186 days 

provided that the public had an 

opportunity to comment on the 

emergency action and, for Councilrecommended actions, the Council is 

actively preparing measures to address 

the emergency. The Council has 

developed measures to address on an 

ongoing basis the underlying conditions 

for the emergency action, and the public 

had an opportunity to comment on the 

emergency action as noted below. 

At its December 2023 meeting, the 

Council took final action on Framework 

66 to the groundfish FMP, which 

intends to set specifications for the 2024 

fishing year. Recognizing the increased 

interactions with a robust GOM 

haddock stock and the steep reductions 

from the 2022 fishing year limits, the 

GOM haddock ABC included in 

Framework 66 is based on 90 percent of 

FMSY (2,406 mt). The fishing year 2024 

GOM haddock ABC under Framework 

65 is 2,038 mt. 

Extending the August 18, 2023, 

emergency action prevents the GOM 

haddock ABC from reverting to 75- 

percent of FMSY (1,936 mt) when the 

emergency action expires. The 

underlying emergency conditions have 

not changed. Fishing vessel owners and 

operators have relied on the emergency 

action and have changed their fishing 

behavior in anticipation of the 

emergency action’s continuation 

through the end of the fishing year. 

Specifically, fishing vessel operators 

have avoided GOM haddock and 

focused on other available stocks in 

order to conserve GOM haddock 

allocation for the upcoming spring 

season. While shifts in GOM haddock 

interactions are difficult to predict, in 

both timing and magnitude, this is 

consistent with increases in fishing 

effort and GOM haddock catch in past 

springs. Allowing the emergency action 

to expire and the ABC to revert to the 

lower amount approved in Framework 

65 mid-year could prevent the fishery 

from realizing the benefits of increased 

fishing opportunities for which this 

action was promulgated. Therefore, we 

are extending the emergency measures 

through the end of the 2023 fishing year 

(April 30, 2024), consistent with the 

Council’s emergency action request and 

our analysis for fishing year 2023. For 

the same reasons noted in the August 

18, 2023, emergency rule, NMFS has 

determined that extending the 

emergency action to maintain the GOM 

haddock ABC associated with 100- 

percent of FMSY meets the criteria for 

emergency action. 

Comments and Responses 

NMFS received two comments in 

response to the emergency action. 


khammond on DSKJM1Z7X2PROD with RULES