Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 4677 

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. 

* * * * * 

(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).) 

(B) [Reserved] 

* * * * * 

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 

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 

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) 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. 


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4678 Federal Register / Vol. 90, No. 10 / Thursday, January 16, 2025 / Rules and Regulations 

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). 

§ 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 


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