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
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