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

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 

■ 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). 

■ 2. Add § 831.15 to read as follows: 

§ 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 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF731 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Sculpins in the 

Bering Sea and Aleutian Islands 

Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of sculpins in the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary because 

the 2017 sculpins initial total allowable 

catch (ITAC) in the BSAI has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 6, 2017, through 

2400 hrs, A.l.t., December 31, 2017. 

FOR FURTHER INFORMATION CONTACT: 

Steve Whitney, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47403 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2017 sculpins ITAC in the BSAI 

is 3,825 metric tons (mt) as established 

by the final 2017 and 2018 harvest 

specifications for groundfish in the 

BSAI (82 FR 11826, February 27, 2017). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2017 sculpins ITAC 

in the BSAI has been reached. 

Therefore, NMFS is requiring that 

sculpins caught in the BSAI be treated 

as prohibited species in accordance 

with § 679.21(b). 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay prohibiting retention of sculpins 

in the BSAI. NMFS was unable to 

publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as September 28, 2017. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and § 679.21 and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: October 6, 2017. 

Emily H. Menashes, 

Acting Director Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–22081 Filed 10–6–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 161020985–7181–02] 

RIN 0648–XF736 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Other Rockfish in the 

Aleutian Islands Subarea of the Bering 

Sea and Aleutian Islands Management 

Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; closure. 

SUMMARY: NMFS is prohibiting retention 

of ‘‘other rockfish’’ in the Aleutian 

Islands subarea of the Bering Sea and 

Aleutian Islands management area 

(BSAI). This action is necessary because 

the 2017 ‘‘other rockfish’’ total 

allowable catch (TAC) in the Aleutian 

Islands subarea of the BSAI has been 

reached. 

DATES: Effective 1200 hrs, Alaska local 

time (A.l.t.), October 6, 2017, through 

2400 hrs, A.l.t., December 31, 2017. 

FOR FURTHER INFORMATION CONTACT: Josh 

Keaton, 907–586–7228. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

BSAI according to the Fishery 

Management Plan for Groundfish of the 

Bering Sea and Aleutian Islands 

Management Area (FMP) prepared by 

the North Pacific Fishery Management 

Council under authority of the 

Magnuson-Stevens Fishery 

Conservation and Management Act. 

Regulations governing fishing by U.S. 

vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The 2017 ‘‘other rockfish’’ TAC in the 

Aleutian Islands subarea of the BSAI is 

550 metric tons (mt) as established by 

the final 2017 and 2018 harvest 

specifications for groundfish in the 

BSAI (82 FR 11826; February 27, 2017). 

In accordance with § 679.20(d)(2), the 

Administrator, Alaska Region, NMFS 

(Regional Administrator), has 

determined that the 2017 ‘‘other 

rockfish’’ TAC in the Aleutian Islands 

subarea of the BSAI has been reached. 

Therefore, NMFS is requiring that 

‘‘other rockfish’’ caught in the Aleutian 

Islands subarea of the BSAI be treated 

as prohibited species in accordance 

with § 679.21(b) and be discarded at sea 

with a minimum of injury. ‘‘Other 

rockfish’’ includes all Sebastes and 

Sebastolobus species except for Pacific 

ocean perch, northern rockfish, 

shortraker rockfish, and rougheye 

rockfish. 

Classification 

This action responds to the best 

available information recently obtained 

from the fishery. The Assistant 

Administrator for Fisheries, NOAA 

(AA), finds good cause to waive the 

requirement to provide prior notice and 

opportunity for public comment 

pursuant to the authority set forth at 5 

U.S.C. 553(b)(B) as such requirement is 

impracticable and contrary to the public 

interest. This requirement is 

impracticable and contrary to the public 

interest as it would prevent NMFS from 

responding to the most recent fisheries 

data in a timely fashion and would 

delay prohibiting retention of ‘‘other 

rockfish’’ in the Aleutian Islands 

subarea of the BSAI. NMFS was unable 

to publish a notice providing time for 

public comment because the most 

recent, relevant data only became 

available as September 28, 2017. 

The AA also finds good cause to 

waive the 30-day delay in the effective 

date of this action under 5 U.S.C. 

553(d)(3). This finding is based upon 

the reasons provided above for waiver of 

prior notice and opportunity for public 

comment. 

This action is required by § 679.20 

and § 679.21 and is exempt from review 

under Executive Order 12866. 

Authority: 16 U.S.C. 1801 et seq. 

Dated: October 6, 2017. 

Emily H. Menashes, 

Acting Director, Office of Sustainable 

Fisheries, National Marine Fisheries Service. 

[FR Doc. 2017–22090 Filed 10–6–17; 4:15 pm] 

BILLING CODE 3510–22–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 160920866–7167–02] 

RIN 0648–XF725 

Fisheries of the Exclusive Economic 

Zone Off Alaska; Inseason Adjustment 

to the 2017 Gulf of Alaska Pollock 

Seasonal Apportionments 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 


jstallworth on DSKBBY8HB2PROD with RULES