2352 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 

By the Commission. 

William Cody, 

Secretary. 

[FR Doc. 2022–00712 Filed 1–13–22; 8:45 am] 

BILLING CODE 6730–02–P 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Part 831 

[Docket No.: NTSB–2022–0001] 

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 2022 adjustment to the 

civil penalties that the agency may 

assess against a person for violating 

certain NTSB statutes and regulations. 

DATES: This final rule is effective on 

January 14, 2022. 

ADDRESSES: A copy of this final rule, 

published in the Federal Register (FR), 

is available at https://

www.regulations.gov (Docket ID Number 

NTSB–2022–0001). 

FOR FURTHER INFORMATION CONTACT: 

Kathleen Silbaugh, 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) 2021, allowing 

the agency to impose a civil penalty up 

to $1,742, effective January 15, 2021, on 

a person who violates 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, 86 FR 1809 (Jan. 11, 2021). 

OMB has since published updated 

guidance for FY 2022. OMB, M–22–07, 

Implementation of Penalty Inflation 

Adjustments for 2022, Pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (Dec. 15, 2021). Accordingly, this 

final rule reflects the NTSB’s 2022 

annual inflation adjustment and updates 

the maximum civil penalty from $1,742 

to $1,850. 

II. The 2022 Annual Adjustment 

The 2022 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–22–07, Implementation 

of Penalty Inflation Adjustments for 

2022, Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Dec. 15, 

2021). For FY 2022, OMB’s guidance 

states that the cost-of-living adjustment 

multiplier is 1.06222. 

Accordingly, multiplying the current 

penalty of $1,742 by 1.06222 equals 

$1,850.38724, which rounded to the 

nearest dollar equals $1,850. 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, 2023. 

III. Regulatory Analysis 

The Office of Information and 

Regulatory Affairs Administrator has 

determined 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–22–07, Implementation 

of Penalty Inflation Adjustments for 

2022, Pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (Dec. 15, 

2021). 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: 


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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 2353 

1The Board also has various criminal penalty 

authority, enforceable in a federal criminal court. 

Congress has not, however, authorized federal 

agencies to adjust statutorily prescribed criminal 

penalty provisions for inflation, and this rule does 

not address those provisions. 

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 Public 

Law 101–410, 104 Stat. 890, amended by 

Public Law 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 ‘‘$1,742’’ and add in its 

place ‘‘$1,850’’. 

Jennifer Homendy, 

Chair. 

[FR Doc. 2022–00726 Filed 1–13–22; 8:45 am] 

BILLING CODE 7533–01–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Part 1022 

[Docket No. EP 716 (Sub-No. 7)] 

Civil Monetary Penalties—2022 

Adjustment 

AGENCY: Surface Transportation Board. 

ACTION: Final rule. 

SUMMARY: The Surface Transportation 

Board (Board) is issuing a final rule to 

implement the annual inflationary 

adjustment to its civil monetary 

penalties, pursuant to the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015. 

DATES: This final rule is effective 

January 14, 2022. 

FOR FURTHER INFORMATION CONTACT: 

Amy Ziehm at (202) 245–0391. 

Assistance for the hearing impaired is 

available through the Federal Relay 

Service at (800) 877–8339. 

SUPPLEMENTARY INFORMATION: 

I. Background 

The Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (2015 Act), enacted as part of the 

Bipartisan Budget Act of 2015, Public 

Law 114–74, sec. 701, 129 Stat. 584, 

599–601, requires agencies to adjust 

their civil penalties for inflation 

annually, beginning on July 1, 2016, and 

no later than January 15 of every year 

thereafter. In accordance with the 2015 

Act, annual inflation adjustments are to 

be based on the percent change between 

the Consumer Price Index for all Urban 

Consumers (CPI–U) for October of the 

previous year and the October CPI–U of 

the year before that. Penalty level 

adjustments should be rounded to the 

nearest dollar. 

II. Discussion 

The statutory definition of civil 

monetary penalty covers various civil 

penalty provisions under the Rail (Part 

A); Motor Carriers, Water Carriers, 

Brokers, and Freight Forwarders (Part 

B); and Pipeline Carriers (Part C) 

provisions of the Interstate Commerce 

Act, as amended. The Board’s civil (and 

criminal) penalty authority related to 

rail transportation appears at 49 U.S.C. 

11901–11908. The Board’s penalty 

authority related to motor carriers, water 

carriers, brokers, and freight forwarders 

appears at 49 U.S.C. 14901–14916. The 

Board’s penalty authority related to 

pipeline carriers appears at 49 U.S.C. 

16101–16106.1 The Board has 

regulations at 49 CFR pt. 1022 that 

codify the method set forth in the 2015 

Act for annually adjusting for inflation 

the civil monetary penalties within the 

Board’s jurisdiction. 

As set forth in this final rule, the 

Board is amending 49 CFR part 1022 to 

make an annual inflation adjustment to 

the civil monetary penalties in 

conformance with the requirements of 

the 2015 Act. The adjusted penalties set 

forth in the rule will apply only to 

violations that occur after the effective 

date of this regulation. 

In accordance with the 2015 Act, the 

annual adjustment adopted here is 

calculated by multiplying each current 

penalty by the cost-of-living adjustment 

factor of 1.06222, which reflects the 

percentage change between the October 

2021 CPI–U (276.589) and the October 

2020 CPI–U (260.388). The table at the 

end of this decision shows the statutory 

citation for each civil penalty, a 

description of the provision, the 

adjusted statutory civil penalty level for 

2021, and the adjusted statutory civil 

penalty level for 2022. 

III. Final Rule 

The final rule set forth at the end of 

this decision is being issued without 

notice and comment pursuant to the 

rulemaking provision of the 

Administrative Procedure Act (APA), 5 

U.S.C. 553(b)(B), which does not require 

that process ‘‘when the agency for good 

cause finds’’ that public notice and 

comment are ‘‘unnecessary.’’ Here, 

Congress has mandated that the agency 

make an annual inflation adjustment to 

its civil monetary penalties. The Board 

has no discretion to set alternative 

levels of adjusted civil monetary 

penalties, because the amount of the 

inflation adjustment must be calculated 

in accordance with the statutory 

formula. Given the absence of 

discretion, the Board has determined 

that there is good cause to promulgate 

this rule without soliciting public 

comment and to make this regulation 

effective immediately upon publication. 

IV. Regulatory Flexibility Statement 

The Regulatory Flexibility Act (RFA), 

as amended by the Small Business 

Regulatory Enforcement Fairness Act of 

1996, 5 U.S.C. 601–612, generally 

requires an agency to prepare a 

regulatory flexibility analysis of any rule 

subject to notice and comment 

rulemaking requirements, unless the 

agency certifies that the rule will not 

have a significant economic impact on 

a substantial number of small entities. 

Because the Board has determined that 

notice and comment are not required 

under the APA for this rulemaking, the 

requirements of the RFA do not apply. 

V. Congressional Review Act 

Pursuant to the Congressional Review 

Act, 5 U.S.C. 801–808, the Office of 

Information and Regulatory Affairs has 

designated this rule as a non-major rule, 

as defined by 5 U.S.C. 804(2). 

VI. Paperwork Reduction Act 

This final rule does not contain a new 

or amended information collection 

requirement subject to the Paperwork 

Reduction Act of 1995, 44 U.S.C. 3501– 

3521. 

List of Subjects in 49 CFR Part 1022 

Administrative practice and 

procedures, Brokers, Civil penalties, 

Freight forwarders, Motor carriers, 

Pipeline carriers, Rail carriers, Water 

carriers. 

It is ordered: 

1. The Board amends its rules as set 

forth in this decision. Notice of the final 

rule will be published in the Federal 

Register. 

2. This decision is effective on its date 

of publication in the Federal Register. 

Decided: January 10, 2022. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and Schultz. 

Stefan Rice, 

Clearance Clerk. 

For the reasons set forth in the 

preamble, part 1022 of title 49, chapter 

X, of the Code of Federal Regulations is 

amended as follows: 

PART 1022—CIVIL MONETARY 

PENALTY INFLATION ADJUSTMENT 

■ 1. Revise the authority citation for part 

1022 to read as follows: 


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