47400 Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 

and address the comment in the 

proposed rulemaking. 

This action approving a negative 

declaration submitted by Philadelphia 

AMS for HMIWI units may not be 

challenged later in proceedings to 

enforce its requirements. (See section 

307(b)(2)). 

List of Subjects in 40 CFR Part 62 

Environmental protection, 

Administrative practice and procedure, 

Air pollution control, Intergovernmental 

relations, Reporting and recordkeeping 

requirements, Waste treatment and 

disposal. 

Dated: September 19, 2017. 

Cecil Rodrigues, 

Acting Regional Administrator, Region III. 

40 CFR part 62 is amended as follows: 

PART 62—APPROVAL AND 

PROMULGATION OF STATE PLANS 

FOR DESIGNATED FACILITIES AND 

POLLUTANTS 

■ 1. The authority citation for part 62 

continues to read as follows: 

Authority: 42 U.S.C. 7401 et seq. 

Subpart NN—Pennsylvania 

■ 2. Add § 62.9663 to read as follows: 

§ 62.9663 Identification of plan—negative 

declaration. 

Letter from the City of Philadelphia, 

Department of Public Health, submitted 

August 2, 2011, certifying that there are 

no existing hospital/medical/infectious 

waste incinerator units within the City 

of Philadelphia, Pennsylvania that are 

subject to 40 CFR part 60, subpart Ce. 

[FR Doc. 2017–22129 Filed 10–11–17; 8:45 am] 

BILLING CODE 6560–50–P 

FEDERAL COMMUNICATIONS 

COMMISSION 

47 CFR Part 90 

[WT Docket No. 02–55, FCC 04–168] 

Improving Public Safety 

Communications in the 800 MHz Band 

AGENCY: Federal Communications 

Commission. 

ACTION: Final rule; announcement of 

effective date. 

SUMMARY: In this document, the 

Commission announces that the Office 

of Management and Budget (OMB) has 

approved, for a period of three years, the 

information collection associated with 

§ 90.675. This document is consistent 

with the Report and Order, which stated 

that the Commission would publish a 

document in the Federal Register 

announcing the effective date of the 

rule. 

DATES: 47 CFR 90.675, published at 69 

FR 67823, Nov. 22, 2004, is effective 

October 12, 2017. 

FOR FURTHER INFORMATION CONTACT: John 

A. Evanoff, Policy and Licensing 

Division, Public Safety and Homeland 

Security Bureau at (202) 418–0848 or 

john.evanoff@fcc.gov. For additional 

information concerning the Paperwork 

Reduction Act information collection 

requirements, contact Nicole Ongele at 

(202) 418–2991. 

SUPPLEMENTARY INFORMATION: A 

summary of the 800 MHz Report and 

Order was published in the Federal 

Register on November 22, 2004, 69 FR 

67823. The 800 MHz Report and Order 

adopted rules designed to abate 

interference to public safety entities. 

The summary stated that with the 

exception of certain rules requiring 

OMB approval, the rules adopted in the 

800 MHz Report and Order would 

become effective January 21, 2005. With 

regard to rules requiring OMB approval, 

the Commission stated it will publish a 

document in the Federal Register 

announcing the effective date of these 

rules. The information collection 

requirements in §§ 22.972, 22.973, 

90.674, 90.675, 90.676 and 90.677 were 

approved by OMB under OMB Control 

No. 3060–1080. In a separate document 

published in the Federal Register on 

February 8, 2005, 70 FR 6762, the 

Commission announced that OMB 

approved the information collection 

requirements adopted in the 800 MHz 

Report and Order. On February 8, 2005, 

70 FR 6761, the Commission announced 

the effective date of §§ 22.972, 22.973, 

90.674, 90.676 and 90.677. However, the 

announcement inadvertently omitted to 

announce the effective date for the 

information collection requirements in 

§ 90.675. With publication of the instant 

document in the Federal Register, all 

rules adopted in the 800 MHz Report 

and Order are now effective. If you have 

any comments on the burden estimates 

listed below, or how the Commission 

can improve the collections and reduce 

any burdens caused thereby, please 

contact Nicole Ongele, Federal 

Communications Commission, Room 1– 

C823, 445 12th Street SW., Washington, 

DC 20554. Please include the OMB 

Control Number, 3060–1080, in your 

correspondence. The Commission will 

also accept your comments via email at 

PRA@fcc.gov. 

To request materials in accessible 

formats for people with disabilities 

(Braille, large print, electronic files, 

audio format), send an email to fcc504@

fcc.gov or call the Consumer and 

Governmental Affairs Bureau at (202) 

418–0530 (voice), (202) 418–0432 

(TTY). 

Synopsis 

As required by the Paperwork 

Reduction Act of 1995 (44 U.S.C. 3507), 

the FCC is notifying the public that it 

received final OMB approval on January 

27, 2005, for the information collection 

requirements contained in the 

modifications to 47 CFR 90.675. 

Under 5 CFR part 1320, an agency 

may not conduct or sponsor a collection 

of information unless it displays a 

current, valid OMB Control Number. 

No person shall be subject to any 

penalty for failing to comply with a 

collection of information subject to the 

Paperwork Reduction Act that does not 

display a current, valid OMB Control 

Number. The OMB Control Number is 

3060–1080. 

The foregoing notice is required by 

the Paperwork Reduction Act of 1995, 

Public Law 104–13, October 1, 1995, 

and 44 U.S.C. 3507. 

The total annual reporting burdens 

and costs for the respondents are as 

follows: 

OMB Control Number: 3060–1080. 

OMB Approval Date: January 27, 

2005. 

OMB Expiration Date: October 31, 

2017. 

Title: Improving Public Safety 

Communications in the 800 MHz Band. 

Form Number: N/A. 

Respondents: Business or other for 

profit entities; Not-for-profit 

institutions, and State, Local or Tribal 

governments. 

Number of Respondents and 

Responses: 428 respondents; 2,143 

responses. 

Estimated Time per Response: 0.5 

hours–10 hours (4.5 hours average). 

Frequency of Response: On occasion 

reporting requirement and third party 

disclosure requirement. 

Obligation to Respond: Required to 

obtain or retain benefits. The statutory 

authority for this information collection 

is contained in 47 U.S.C. 151, 154, 160, 

251–254, 303, and 332. 

Total Annual Burden: 7,411 hours. 

Total Annual Cost: $7,200. 

Nature and Extent of Confidentiality: 

The Commission will work with 

respondents to ensure that their 

concerns regarding the confidentiality of 

any proprietary or public safety 

sensitive information are resolved in a 

manner consistent with the 

Commission’s rules. See 47 CFR 0.459. 

Privacy Act: No impact(s). 

Needs and Uses: The information 

sought under §§ 22.972, 22.973, 90.674, 


jstallworth on DSKBBY8HB2PROD with RULES
Federal Register / Vol. 82, No. 196 / Thursday, October 12, 2017 / Rules and Regulations 47401 

1The 2015 Act replaced inflation adjustment 

procedures established by the Debt Collection 

Improvement Act of 1996, Public Law 104–134, sec. 

31001(s)(1), 110 Stat. 1321–373. 

90.675, 90.676 and 90.677 will assist 

800 MHz licensees in preventing or 

resolving interference and enable the 

Commission to implement its rebanding 

program. Under that program, certain 

licensees are being relocated to new 

frequencies in the 800 MHz band, with 

all rebanding costs paid by Sprint 

Nextel Corporation (Sprint). The 

Commission’s overarching objective in 

this proceeding is to eliminate 

interference to public safety 

communications. The Commission’s 

orders provided for the 800 MHz 

licensees in non-border areas to 

complete rebanding by June 26, 2008. 

This completion date was not met and 

the Commission orders also provide for 

rebanding to be completed in the areas 

along the U.S. borders with Canada and 

Mexico. 

Federal Communications Commission. 

Marlene H. Dortch, 

Secretary. 

[FR Doc. 2017–22062 Filed 10–11–17; 8:45 am] 

BILLING CODE 6712–01–P 

NATIONAL TRANSPORTATION 

SAFETY BOARD 

49 CFR Part 831 

[Docket No.: NTSB–GC–2017–0001] 

RIN 3147–AA20 

Civil Monetary Penalty Catch Up 

Inflation Adjustment and Annual 

Inflation Adjustment 

AGENCY: National Transportation Safety 

Board (NTSB). 

ACTION: Interim Final Rule with request 

for comments. 

SUMMARY: This Interim Final Rule 

adjusts for inflation the maximum civil 

penalty that the NTSB may assess 

against a person for violating certain 

NTSB statutes and regulations. 

DATES: This Interim Final Rule is 

effective on October 12, 2017. The 

NTSB will accept written comments on 

this Interim Final Rule on or before 

October 27, 2017. 

ADDRESSES: A copy of this Interim Final 

Rule, published in the Federal Register 

(FR), is available for inspection and 

copying in the NTSB’s public reading 

room, located at 490 L’Enfant Plaza SW., 

Washington, DC 20594–003. 

Alternatively, a copy is available on the 

government-wide Web site on 

regulations at http://

www.regulations.gov (Docket ID Number 

NTSB–GC–2017–0001). 

You may send comments identified 

by Docket ID Number NTSB–GC–2017– 

0001 using any of the following 

methods: 

1. Federal eRulemaking Portal: Go to 

http://www.regulations.gov and follow 

the instructions for sending your 

comments electronically. 

2. Mail: Send comments to NTSB 

Office of General Counsel, 490 L’Enfant 

Plaza East SW., Washington, DC 20594– 

003. 

3. Facsimile: Fax comments to 202– 

314–6090. 

4. Hand Delivery: Bring comments to 

490 L’Enfant Plaza East SW., 6th Floor, 

Washington, DC, between 9 a.m. and 5 

p.m., Monday through Friday, except 

Legal public holidays. 

Privacy: We will post all comments 

we receive, without change, to http://

www.regulations.gov, including any 

personal information provided. 

FOR FURTHER INFORMATION CONTACT: 

Sean Dalton, Acting General Counsel, 

(202) 314–6389. 

SUPPLEMENTARY INFORMATION: 

I. Background 

Pursuant to 49 U.S.C. 1155(a), the 

NTSB may impose a civil penalty up to 

$1,000 on a person who violates 49 

U.S.C. 1132 (prescribing the NTSB’s 

general authority to investigate aircraft 

accidents); 1134(b) (governing NTSB 

inspection and testing of aircraft and 

property on an aircraft); 1134(f)(1) 

(permitting the NTSB to conduct or 

order autopsies); 1136(g) (prohibiting 

attorneys from sending unsolicited 

communications to victims of aircraft 

accidents or their family members). 

The $1,000 maximum civil penalty 

amount must be adjusted for inflation in 

several ways. First, the NTSB must 

publish a catch-up adjustment to 

account for the effect of inflation since 

the maximum amount was established 

by Congress. 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) (hereinafter ‘‘Inflation Adjustment 

Act’’).1 Second, the NTSB must publish 

an annual inflationary adjustment no 

later than January 15th of each year, 

beginning in 2017. The Office of 

Management and Budget (OMB) has 

published guidance on the initial catchup adjustment, OMB, M 16–06, 

Implementation of the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (2016) 

(hereinafter ‘‘OMB catch-up guidance’’), 

and the 2017 yearly adjustment. OMB, 

M 17–11, Implementation of the 2017 

annual adjustment pursuant to the 

Federal Civil Penalties Inflation 

Adjustment Act Improvements Act of 

2015 (2016) (hereinafter ‘‘OMB annual 

guidance’’). This Interim Final Rule 

combines the NTSB’s catch-up 

adjustment that was due by July 1, 2016, 

and the NTSB’s 2017 annual inflation 

adjustment. See OMB annual guidance, 

supra, at 4 (stating that agencies can 

finalize their catch-up adjustments in 

the same rulemaking as their annual 

adjustments). 

II. The Catch-Up Adjustment 

A. The Catch-Up Adjustment Increases 

the NTSB’s $1,000 Maximum Penalty 

Amount to $1,591 

In order to complete the catch-up 

adjustment required by the Inflation 

Adjustment Act, the NTSB must first 

identify the year in which the $1,000 

maximum penalty amount was either (1) 

established by Congress, or (2) last 

adjusted by Congress or the agency 

through regulation, other than pursuant 

to the Inflation Adjustment Act, 

whichever is later. Next, the NTSB must 

modify the maximum penalty amount 

based on the percentage by which the 

Consumer Price Index for all Urban 

Consumers (CPI–U) for the month of 

October 2015, not seasonally adjusted, 

exceeds the CPI–U for the month of 

October for the calendar year when the 

penalty amount was established or last 

adjusted. 28 U.S.C. 2461 note, sec 4(a), 

5(b)(2); OMB catch-up guidance, supra, 

at 3. The OMB catch-up guidance 

contains a table listing multipliers that 

can be used to adjust the maximum 

penalty amount based on the year the 

penalty was established or last adjusted 

(the ‘‘CPI–U Multiplier’’). OMB catch-up 

guidance, supra, at 6. After applying 

this multiplier, the NTSB must round 

all penalty amounts to the nearest 

dollar. 28 U.S.C. 2461 note, sec. 5(a). 

The $1,000 maximum penalty amount 

was established in 1994, Public Law 

103–272, sec. 1(d), 108 Stat. 745 (1994), 

and has not since been modified. 49 

U.S.C. 1155(a). OMB’s CPI–U Multiplier 

for 1994 is 1.59089. OMB catch-up 

guidance, supra, at 6. A maximum 

penalty amount of $1,000 multiplied by 

1.59089 equals $1,590.89. Rounding to 

the nearest dollar equals $1,591. This is 

less than a 150% increase, and therefore 

does not need to be reduced. 28 U.S.C. 

2461 note, sec. 5(b)(2)(C); OMB catch-up 

guidance, supra, at 8. 


jstallworth on DSKBBY8HB2PROD with RULES