Civil Monetary Penalty Inflation Adjustment Rule, 72539-72545 [2016-25273]
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Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations
asabaliauskas on DSK3SPTVN1PROD with RULES
phenyl-5-(3-(trifluoromethyl)phenyl)4(1H)-pyridinone, in or on cotton, gin
byproducts at 0.1 ppm.
VI. Statutory and Executive Order
Reviews
This action establishes tolerances
under FFDCA section 408(d) in
response to a petition submitted to the
Agency. The Office of Management and
Budget (OMB) has exempted these types
of actions from review under Executive
Order 12866, entitled ‘‘Regulatory
Planning and Review’’ (58 FR 51735,
October 4, 1993). Because this action
has been exempted from review under
Executive Order 12866, this action is
not subject to Executive Order 13211,
entitled ‘‘Actions Concerning
Regulations That Significantly Affect
Energy Supply, Distribution, or Use’’ (66
FR 28355, May 22, 2001) or Executive
Order 13045, entitled ‘‘Protection of
Children from Environmental Health
Risks and Safety Risks’’ (62 FR 19885,
April 23, 1997). This action does not
contain any information collections
subject to OMB approval under the
Paperwork Reduction Act (PRA) (44
U.S.C. 3501 et seq.), nor does it require
any special considerations under
Executive Order 12898, entitled
‘‘Federal Actions to Address
Environmental Justice in Minority
Populations and Low-Income
Populations’’ (59 FR 7629, February 16,
1994).
Since tolerances and exemptions that
are established on the basis of a petition
under FFDCA section 408(d), such as
the tolerances in this final rule, do not
require the issuance of a proposed rule,
the requirements of the Regulatory
Flexibility Act (RFA) (5 U.S.C. 601 et
seq.), do not apply.
This action directly regulates growers,
food processors, food handlers, and food
retailers, not States or tribes, nor does
this action alter the relationships or
distribution of power and
responsibilities established by Congress
in the preemption provisions of FFDCA
section 408(n)(4). As such, the Agency
has determined that this action will not
have a substantial direct effect on States
or tribal governments, on the
relationship between the national
government and the States or tribal
governments, or on the distribution of
power and responsibilities among the
various levels of government or between
the Federal Government and Indian
tribes. Thus, the Agency has determined
that Executive Order 13132, entitled
‘‘Federalism’’ (64 FR 43255, August 10,
1999) and Executive Order 13175,
entitled ‘‘Consultation and Coordination
with Indian Tribal Governments’’ (65 FR
67249, November 9, 2000) do not apply
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15:55 Oct 19, 2016
Jkt 241001
to this action. In addition, this action
does not impose any enforceable duty or
contain any unfunded mandate as
described under Title II of the Unfunded
Mandates Reform Act (UMRA) (2 U.S.C.
1501 et seq.).
This action does not involve any
technical standards that would require
Agency consideration of voluntary
consensus standards pursuant to section
12(d) of the National Technology
Transfer and Advancement Act
(NTTAA) (15 U.S.C. 272 note).
VII. Congressional Review Act
Pursuant to the Congressional Review
Act (5 U.S.C. 801 et seq.), EPA will
submit a report containing this rule and
other required information to the U.S.
Senate, the U.S. House of
Representatives, and the Comptroller
General of the United States prior to
publication of the rule in the Federal
Register. This action is not a ‘‘major
rule’’ as defined by 5 U.S.C. 804(2).
List of Subjects in 40 CFR Part 180
Environmental protection,
Administrative practice and procedure,
Agricultural commodities, Pesticides
and pests, Reporting and recordkeeping
requirements.
Dated: October 7, 2016.
Daniel J. Rosenblatt,
Acting Director, Registration Division, Office
of Pesticide Programs.
Therefore, 40 CFR chapter I is
amended as follows:
PART 180—[AMENDED]
1. The authority citation for part 180
continues to read as follows:
■
Authority: 21 U.S.C. 321(q), 346a and 371.
2. In § 180.420, in paragraph (a)(2) add
an entry ‘‘Cotton, gin byproducts’’ in
alphabetical order to read as follows:
■
§ 180.420 Fluridone; tolerances for
residues.
(a) * * *
(2) * * *
Parts per
million
Commodity
*
*
*
Cotton, gin byproducts .........
*
*
*
*
*
*
*
*
*
0.1
*
*
*
[FR Doc. 2016–25291 Filed 10–19–16; 8:45 am]
BILLING CODE 6560–50–P
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72539
SURFACE TRANSPORTATION BOARD
49 CFR Part 1022
[Docket No. EP 716 (Sub-No. 1)]
Civil Monetary Penalty Inflation
Adjustment Rule
Surface Transportation Board.
Interim final rule.
AGENCY:
ACTION:
The Surface Transportation
Board (Board) is issuing an interim final
rule to adjust the Board’s civil monetary
penalties for inflation pursuant to the
Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015. As mandated by that act, the
Board is issuing a ‘‘catch-up
adjustment’’ for its penalties and will
thereafter make annual inflation
adjustments according to a specified
formula.
SUMMARY:
This interim final rule is
effective on October 20, 2016.
DATES:
FOR FURTHER INFORMATION CONTACT:
Allison Davis: (202) 245–0378. Federal
Information Relay Service (FIRS) for the
hearing impaired: 1–800–877–8339.
SUPPLEMENTARY INFORMATION:
I. Background
On November 2, 2015, the President
signed the Federal Civil Penalties
Inflation Adjustment Act Improvements
Act of 2015 (2015 Act), passed as part
of the Bipartisan Budget Act of 2015,
Public Law 114–74, 129 Stat. 599. The
2015 Act further amended the Federal
Civil Penalties Inflation Adjustment Act
of 1990 (1990 Act), Public Law 101–410,
104 Stat. 890 (codified as amended at 28
U.S.C. 2461 note), as previously
amended by the Debt Collection
Improvement Act of 1996 (1996 Act),
Public Law 104–134, 110 Stat. 1321, in
order to improve the effectiveness of
civil monetary penalties and to maintain
their deterrent effect.1
The 1996 Act required each federal
agency to adopt regulations at least once
every four years that adjust for inflation
the maximum amount of civil monetary
penalties under the statutes
administered by the agency. In
accordance with the 1996 Act, the Board
increased its existing civil monetary
penalties, which had not been adjusted
for inflation since they were prescribed
1 A ‘‘civil monetary penalty’’ is defined by the
1990 Act as: ‘‘any penalty, fine, or other sanction
that—(A)(i) is for a specific monetary amount as
provided by Federal law; or (ii) has a maximum
amount provided for by Federal law; and (B) is
assessed or enforced by an agency pursuant to
Federal law; and (C) is assessed or enforced
pursuant to an administrative proceeding or a civil
action in the Federal courts.’’ See also 49 CFR
1022.2(b).
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Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations
in the ICC Termination Act of 1995
(ICCTA), Public Law 104–88, 109 Stat.
803, by 10%, through a final rule issued
in the main docket of this proceeding on
October 22, 2012.
The 2015 Act requires agencies to
adjust their civil monetary penalties for
inflation through an initial ‘‘catch-up
adjustment.’’ 2 The 2015 Act requires
that this adjustment be issued through
an interim final rulemaking and sets
forth a specific methodology to calculate
the adjustment. To arrive at the adjusted
penalty, the agency must multiply the
penalty amount when it was established
or last adjusted by Congress, excluding
adjustments under the 1990 Act, by a
multiplier that is based on the percent
change between the Consumer Price
Index for all Urban Consumers (CPI–U)
for the month of October in the year the
penalty amount was established or last
adjusted by Congress, and the October
2015 CPI–U.3 As mandated by statute,
penalty level adjustments should be
rounded to the nearest dollar, and the
initial increase of penalties shall not
exceed 150%.
Following the catch-up adjustment,
the 2015 Act then directs agencies to
adjust their civil penalties for inflation
annually, beginning on January 15,
2017, and no later than January 15 of
every year thereafter. Annual inflation
adjustments will be based on the
percent change between the October
CPI–U preceding the date of the
U.S. Code citation
Civil monetary
penalty description
adjustment and the prior year’s October
CPI–U. As with the catch-up
adjustment, penalty level adjustments
should be rounded to the nearest dollar.
II. Discussion
The statutory definition of civil
monetary penalty covers the civil
penalty provisions under the Rail
Carrier (Part A), Motor and Water
Carriers (Part B), and Pipeline Carrier
(Part C) provisions of the Interstate
Commerce Act, as amended by ICCTA.
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. 14901–14915. The Board’s
penalty authority related to pipeline
carriers appears at 49 U.S.C. 16101–
16106.4
As set forth in this interim final rule,
the Board is amending 49 CFR pt. 1022
so that its regulations and civil
monetary penalties conform to the
requirements of the 2015 Act. The
adjusted penalties set forth in the rule
will apply only to violations which
occur after the effective date of this
regulation.
III. Interim Final Rule
The interim final rule is set forth at
the end of this decision. This interim
final rule is issued without prior public
Baseline penalty
Multiplier (year)
notice or opportunity for public
comment. The Administrative
Procedure Act (APA), 5 U.S.C.
553(b)(B), 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 the
catch-up inflation adjustment through
an interim final rule. 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.
The Board simply determines the
amount of inflation adjustments by
performing technical, ministerial
computations. Because the Board has no
discretion to do anything except
promulgate the rule and perform
ministerial computations to apply it,
public comment would serve no useful
purpose. Accordingly, 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.
The following chart shows the
relevant statutory provision and penalty
description, the baseline penalty, the
values used in the calculations, the
relevant cap imposed by the 2015 Act
for the catch-up adjustment,5 and the
rounded catch-up adjustment.
Multiplier result
2015 Act cap
Adjusted penalty
amount
Rail Carrier Civil Penalties
49 U.S.C.
11901(a).
49 U.S.C.
11901(b).
asabaliauskas on DSK3SPTVN1PROD with RULES
49 U.S.C.
11901(b).
49 U.S.C.
11901(c).
Unless otherwise
specified, maximum penalty
for each knowing violation
under this part,
and for each
day.
For each violation
under section
11124(a)(2) or
(b).
For each day violation continues.
Maximum penalty
for each knowing violation
under sections
10901–10906.
$5,000
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$7,512
$13,750
$7,512
$500
1.50245 (1996)
$751
$1,375
$751
$25
1.50245 (1996)
$38
$69
$38
$5,000
2 Under the 2015 Act, the initial penalty
adjustments were to take effect no later than August
1, 2016. The rules issued here will take effect
immediately upon publication.
3 The Office of Management and Budget issued
guidance to agencies on implementing the catch-up
adjustments and provided multipliers to adjust the
penalty level based on the year the penalty was
1.50245 (1996)
1.50245 (1996)
$7,512
$13,750
$7,512
established or last adjusted pursuant to law. See
Memorandum from the Office of Management and
Budget, M–16–06, Implementation of the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (Feb. 24, 2016).
4 The Board also has criminal penalty authority,
enforceable in a federal criminal court. Congress
has not, however, authorized federal agencies to
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adjust statutorily-prescribed criminal penalty
provisions for inflation, and this rule does not
address those provisions.
5 All of the applicable penalty adjustments fell
below the 150% cap on the catch-up adjustments.
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U.S. Code citation
Civil monetary
penalty description
49 U.S.C.
§ 11901(d).
For each violation
under sections
11123 or
11124(a)(1).
For each day violation continues.
For each violation
under sections
11141–11145.
For each violation
under section
11144(b)(1).
For each violation
of reporting requirements, for
each day.
49 U.S.C.
11901(d).
49 U.S.C.
11901(e)(1).
49 U.S.C.
11901(e)(2).
49 U.S.C.
11901(e)(3–4).
Baseline penalty
Multiplier (year)
Multiplier result
2015 Act cap
72541
Adjusted penalty
amount
$100–$500
1.50245 (1996)
$150–$751
$275–$1,375
$150–$751
$50
1.50245 (1996)
$75
$138
$75
$500
1.50245 (1996)
$751
$1,375
$751
$100
1.50245 (1996)
$150
$275
$150
$100
1.50245 (1996)
$150
$275
$150
Motor and Water Carrier Civil Penalties
49 U.S.C.
14901(a).
49 U.S.C.
14901(a).
49 U.S.C.
14901(a).
49 U.S.C.
14901(b).
49 U.S.C.
14901(d)(1).
49 U.S.C.
14901(d)(2).
49 U.S.C.
14901(d)(3).
asabaliauskas on DSK3SPTVN1PROD with RULES
49 U.S.C.
14901(e).
49 U.S.C.
14901(e).
49 U.S.C.
14903(a).
VerDate Sep<11>2014
Minimum penalty
for each violation and for
each day.
For each violation
under sections
13901 or
13902(c).
For each violation
related to transportation of passengers.
For each violation
of the hazardous waste
rules under section 3001 of the
Solid Waste
Disposal Act.
Minimum penalty
for each violation of household good regulations, and for
each day.
Minimum penalty
for each instance of transportation of
household
goods if broker
provides estimate without
carrier agreement.
Minimum penalty
for each instance of transportation of
household
goods without
being registered.
Minimum penalty
for each violation of a transportation rule.
Minimum penalty
for each additional violation.
Maximum penalty
for undercharge
or overcharge of
tariff rate, for
each violation.
15:55 Oct 19, 2016
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$1,000
1.02819 (2012)
$1,028
n/a
$1,028
$10,000
1.02819 (2012)
$10,282
n/a
$10,282
$25,000
1.02819 (2012)
$25,705
n/a
$25,705
$20,000–$40,000
1.02819 (2012)
$20,564–$41,128
n/a
$20,564–$41,128
$1,000
1.50245 (1996)
$1,502
$2,750
$1,502
$10,000
1.50245 (1996)
$15,025
$27,500
$15,025
$25,000
1.50245 (1996)
$37,561
$68,750
$37,561
$2,000
1.50245 (1996)
$3,005
$5,500
$3,005
$5,000
1.50245 (1996)
$7,512
$13,750
$7,512
$100,000
1.50245 (1996)
$150,245
$275,000
$150,245
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Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations
U.S. Code citation
Civil monetary
penalty description
49 U.S.C.
14904(a).
For first violation,
rebates at less
than the rate in
effect.
For all subsequent
violations.
Maximum penalty
for first violation
for undercharges by
freight forwarders.
Maximum penalty
for subsequent
violations.
Maximum penalty
for other first
violations under
§ 13702.
Maximum penalty
for subsequent
violations.
Maximum penalty
for each knowing violation of
section
14103(a), and
knowingly authorizing, consenting to, or
permitting a violation of section
14103(a) & (b).
Minimum penalty
for first attempt
to evade regulation.
Minimum amount
for each subsequent attempt to
evade regulation.
Maximum penalty
for recordkeeping/reporting violations.
Maximum penalty
for violation of
section
14908(a)(1).
When another civil
penalty is not
specified under
this part, for
each violation,
for each day.
Minimum penalty
for holding a
household
goods shipment
hostage, for
each day.
49 U.S.C.
14904(a).
49 U.S.C.
14904(b)(1).
49 U.S.C.
14904(b)(1).
49 U.S.C.
14904(b)(2).
49 U.S.C.
14904(b)(2).
49 U.S.C.
14905(a).
49 U.S.C. 14906 ..
49 U.S.C. § 14906
49 U.S.C. 14907 ..
49 U.S.C.
14908(a)(2).
49 U.S.C. § 14910
asabaliauskas on DSK3SPTVN1PROD with RULES
49 U.S.C.
14915(a)(1) &
(2).
Baseline penalty
Multiplier (year)
Multiplier result
2015 Act cap
Adjusted penalty
amount
$200
1.50245 (1996)
$300
$550
$300
$250
1.50245 (1996)
$376
$688
$376
$500
1.50245 (1996)
$751
$1,375
$751
$2,000
1.50245 (1996)
$3,005
$5,500
$3,005
$500
1.50245 (1996)
$751
$1,375
$751
$2,000
1.50245 (1996)
$3,005
$5,500
$3,005
$10,000
1.50245 (1996)
$15,025
$27,500
$15,025
$2,000
1.02819 (2012)
$2,056
n/a
$2,056
$5,000
1.02819 (2012)
$5,141
n/a
$5,141
$5,000
1.50245 (1996)
$7,512
$13,750
$7,512
$2,000
1.50245 (1996)
$3,005
$5,500
$3,005
$500
1.50245 (1996)
$751
$1,375
$751
$10,000
1.19397 (2005)
$11,940
$27,500
$11,940
$7,512
$13,750
$7,512
Pipeline Carrier Civil Penalties
49 U.S.C.
§ 16101(a).
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Maximum penalty
for violation of
this part, for
each day.
15:55 Oct 19, 2016
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$5,000
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U.S. Code citation
Civil monetary
penalty description
49 U.S.C.
16101(b)(1) &
(4).
For each recordkeeping violation under section 15722,
each day.
For each inspection violation liable under section 15722,
each day.
For each reporting
violation under
section 15723,
each day.
Maximum penalty
for improper disclosure of information.
49 U.S.C.
16101(b)(2) &
(4).
49 U.S.C.
16101(b)(3) &
(4).
49 U.S.C.
16103(a).
Baseline penalty
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
interim final rule will be published in
the Federal Register.
2. This decision is effective on its date
of service.
Decided: October 12, 2016.
By the Board, Chairman Elliott, Vice
Chairman Miller, and Commissioner
Begeman.
Kenyatta Clay,
Clearance Clerk.
1.50245 (1996)
$751
$1,375
$751
1.50245 (1996)
$150
$275
$150
1.50245 (1996)
$150
$275
$150
$1,000
This interim 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 et seq.
asabaliauskas on DSK3SPTVN1PROD with RULES
Adjusted penalty
amount
$100
V. Paperwork Reduction Act
1.50245 (1996)
$1,502
$2,750
$1,502
X, of the Code of Federal Regulations is
amended as follows:
the month of October preceding date of
the adjustment.
PART 1022—CIVIL MONETARY
PENALTY INFLATION ADJUSTMENT
(e) Initial Cost-of-Living Adjustment
means, for each civil monetary penalty,
the percentage (if any) by which the
Consumer Price Index for the month of
October 2015 exceeds the Consumer
Price Index of the month of October of
the calendar year during which the
amount of such civil monetary penalty
was established or adjusted under a
provision of law.
1. The authority citation for part 1022
continues to read as follows:
■
Authority: 5 U.S.C. 551–557; 28 U.S.C.
2461 note; 49 U.S.C. 11901, 14901, 14903,
14904, 14905, 14906, 14907, 14908, 14910,
14915, 16101, 16103.
■
2. Revise § 1022.1 to read as follows:
§ 1022.1
Definitions.
*
*
*
*
*
(d) Cost-of-Living Adjustment means
the percentage (if any) by which the
Consumer Price Index for the month of
October preceding the adjustment
exceeds the Consumer Price Index for
the month of October one year before
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4. Amend § 1022.3 by revising the
introductory text to read as follows:
■
Scope and purpose.
The purpose of this part is to establish
a method to adjust for inflation the civil
monetary penalties provided by law
within the jurisdiction of the Board, in
conformity with the Federal Civil
Penalties Inflation Adjustment Act of
1990, Public Law 101–410, 104 Stat. 890
(codified as amended at 28 U.S.C. 2461
note), as amended by the Debt
Collection Improvement Act of 1996,
Public Law 104–134, 110 Stat. 1321, and
further amended by the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015, Public Law
114–74, 129 Stat. 599. These penalties
shall be subject to review and
adjustment annually using the method
specified in this part.
■ 3. Amend § 1022.2 as follows:
■ a. Revise paragraph (d).
■ b. Add paragraph (e).
The revisions read as follows:
§ 1022.2
For the reasons set forth in the
preamble, part 1022 of title 49, chapter
Jkt 241001
2015 Act cap
$100
The Regulatory Flexibility Act (RFA),
as amended by the Small Business
Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 801 et seq., 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.
15:55 Oct 19, 2016
Multiplier result
$500
IV. Regulatory Flexibility Statement
VerDate Sep<11>2014
Multiplier (year)
72543
§ 1022.3 Civil monetary penalty inflation
adjustment.
The Board shall, immediately, and at
least every year thereafter—
*
*
*
*
*
■
5. Revise § 1022.4 to read as follows:
§ 1022.4 Cost-of living adjustments of civil
monetary penalties.
(a) The inflation adjustment under
§ 1022.3 will initially be determined by
increasing each maximum civil
monetary penalty by the initial cost-ofliving adjustment. Not later than
January 15 of every year thereafter, the
inflation adjustment will subsequently
be determined by increasing the
maximum civil monetary penalty for
each civil monetary penalty by the costof-living adjustment. Any increase
determined under this section shall be
rounded to the nearest dollar.
(b) The initial cost-of-living inflation
adjustment required by the statute
results in the following adjustments to
the civil monetary penalties within the
jurisdiction of the Board:
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Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations
U.S. Code citation
Civil monetary penalty description
Baseline penalty
amount
Adjusted penalty
amount (2016)
Rail Carrier Civil Penalties
49 U.S.C. 11901(a) ......................
49 U.S.C. 11901(b) ......................
49 U.S.C. 11901(b) ......................
49 U.S.C. 11901(c) ......................
49
49
49
49
49
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
11901(d) ......................
11901(d) ......................
11901(e)(1) .................
11901(e)(2) .................
11901(e)(3–4) .............
Unless otherwise specified, maximum penalty for each knowing
violation under this part, and for each day.
For each violation under section 11124(a)(2) or (b) .........................
For each day violation continues ......................................................
Maximum penalty for each knowing violation under section 10901–
10906.
For each violation under section 11123 or 11124(a)(1) ...................
For each day violation continues ......................................................
For each violation under section s 11141–11145 ............................
For each violation under section 11144(b)(1) ...................................
For each violation of reporting requirements, for each day .............
$5,000
$7,512
$500
$25
$5,000
$751
$38
$7,512
$100–$500
$50
$500
$100
$100
$150–$751
$75
$751
$150
$150
$1,000
$10,000
$25,000
$20,000–$40,000
$1,028
$10,282
$25,705
$20,564–$41,128
$1,000
$1,502
$10,000
$15,025
$25,000
$37,561
$2,000
$5,000
$100,000
$3,005
$7,512
$150,245
$200
$250
$500
$300
$376
$751
$2,000
$500
$2,000
$10,000
$3,005
$751
$3,005
$15,025
$2,000
$5,000
$5,000
$2,000
$500
$2,056
$5,141
$7,512
$3,005
$751
$10,000
$11,940
$5,000
$500
$100
$100
$1,000
$7,512
$751
$150
$150
$1,502
Motor and Water Carrier Civil Penalties
49
49
49
49
U.S.C.
U.S.C.
U.S.C.
U.S.C.
14901(a)
14901(a)
14901(a)
14901(b)
......................
......................
......................
......................
49 U.S.C. 14901(d)(1) .................
49 U.S.C. 14901(d)(2) .................
49 U.S.C. 14901(d)(3) .................
49 U.S.C. 14901(e) ......................
49 U.S.C. 14901(e) ......................
49 U.S.C. 14903(a) ......................
49 U.S.C. 14904(a) ......................
49 U.S.C. 14904(a) ......................
49 U.S.C. 14904(b)(1) .................
49
49
49
49
U.S.C.
U.S.C.
U.S.C.
U.S.C.
14904(b)(1) .................
14904(b)(2) .................
14904(b)(2) .................
14905(a) ......................
49
49
49
49
49
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
14906 ..........................
14906 ..........................
14907 ..........................
14908(a)(2) .................
14910 ..........................
49 U.S.C. 14915(a)(1) & (2) ........
Minimum penalty for each violation and for each day ......................
For each violation under sections 13901 or 13902(c) ......................
For each violation related to transportation of passengers ..............
For each violation of the hazardous waste rules under section
3001 of the Solid Waste Disposal Act.
Minimum penalty for each violation of household good regulations,
and for each day.
Minimum penalty for each instance of transportation of household
goods if broker provides estimate without carrier agreement.
Minimum penalty for each instance of transportation of household
goods without being registered.
Minimum penalty for each violation of a transportation rule ............
Minimum penalty for each additional violation ..................................
Maximum penalty for undercharge or overcharge of tariff rate, for
each violation.
For first violation, rebates at less than the rate in effect ..................
For all subsequent violations ............................................................
Maximum penalty for first violation for undercharges by freight forwarders.
Maximum penalty for subsequent violations .....................................
Maximum penalty for other first violations under section 13702 ......
Maximum penalty for subsequent violations .....................................
Maximum penalty for each knowing violation of section 14103(a),
and knowingly authorizing, consenting to, or permitting a violation of section 14103(a) & (b).
Minimum penalty for first attempt to evade regulation .....................
Minimum amount for each subsequent attempt to evade regulation
Maximum penalty for recordkeeping/reporting violations .................
Maximum penalty for violation of section 14908(a)(1) .....................
When another civil penalty is not specified under this part, for each
violation, for each day.
Minimum penalty for holding a household goods shipment hostage, for each day.
Pipeline Carrier Civil Penalties
49
49
49
49
49
U.S.C.
U.S.C.
U.S.C.
U.S.C.
U.S.C.
16101(a) ......................
16101(b)(1) & (4) ........
16101(b)(2) & (4) ........
16101(b)(3) & (4) ........
16103(a) ......................
Maximum penalty for violation of this part, for each day .................
For each recordkeeping violation under section 15722, each day ..
For each inspection violation liable under section 15722, each day
For each reporting violation under section 15723, each day ...........
Maximum penalty for improper disclosure of information .................
[FR Doc. 2016–25273 Filed 10–19–16; 8:45 am]
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BILLING CODE 4915–01–P
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Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration 50 CFR Parts 223 and
224
[Docket No. 150527481–6928–02]
RIN 0648–XD971
Endangered and Threatened Wildlife
and Plants: Final Rule To List the
Island Grouper (Mycteroperca fusca)
as Threatened and the Gulf Grouper
(Mycteroperca jordani) as Endangered
Under the Endangered Species Act
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
We, NMFS, issue a final rule
to list two foreign grouper species under
the Endangered Species Act (ESA). We
considered comments submitted on the
proposed listing rule and have
determined that the gulf grouper
(Mycteroperca jordani) and the island
grouper (Mycteroperca fusca) warrant
listing as endangered and threatened
species, respectively. We will not
designate critical habitat for either of
these species because the geographical
areas occupied by these species are
entirely outside U.S. jurisdiction, and
we have not identified any unoccupied
areas within U.S. jurisdiction that are
currently essential to the conservation
of either of these species.
DATES: This final rule is effective
November 21, 2016.
ADDRESSES: Chief, Endangered Species
Division, NMFS Office of Protected
Resources (F/PR3), 1315 East West
Highway, Silver Spring, MD 20910.
FOR FURTHER INFORMATION CONTACT:
Marta Nammack, NMFS, Office of
Protected Resources (OPR), (301) 427–
8469.
SUMMARY:
SUPPLEMENTARY INFORMATION:
asabaliauskas on DSK3SPTVN1PROD with RULES
Background
On July 15, 2013, we received a
petition from WildEarth Guardians to
list 81 marine species or subpopulations
as threatened or endangered under the
ESA. This petition included species
from many different taxonomic groups,
and we prepared our 90-day findings in
batches by taxonomic group. We found
that the petitioned actions may be
warranted for 24 of the species and 3 of
the subpopulations and announced the
initiation of status reviews for each of
the 24 species and 3 subpopulations (78
FR 63941, October 25, 2013; 78 FR
66675, November 6, 2013; 78 FR 69376,
VerDate Sep<11>2014
15:55 Oct 19, 2016
Jkt 241001
November 19, 2013; 79 FR 9880,
February 21, 2014; and 79 FR 10104,
February 24, 2014). On September 23,
2015, we published a proposed rule to
list the gulf grouper (Mycteroperca
jordani) as an endangered species and
the island grouper (Mycteroperca fusca)
as a threatened species (80 FR 57314).
We requested public comment on the
information in the draft status review
and proposed rule, and the comment
period was open through November 23,
2015. This final rule provides a
discussion of the information we
received during the public comment
period and our final determinations on
the petition to list the gulf grouper and
island grouper under the ESA. The
status of the findings and relevant
Federal Register notices for the other 22
species and 3 subpopulations can be
found on our Web site at https://
www.nmfs.noaa.gov/pr/species/
petition81.htm.
Listing Species Under the Endangered
Species Act
We are responsible for determining
whether species are threatened or
endangered under the ESA (16 U.S.C.
1531 et seq.). To make this
determination, we first consider
whether a group of organisms
constitutes a ‘‘species’’ under the ESA,
then whether the status of the species
qualifies it for listing as either
threatened or endangered. Section 3 of
the ESA defines a ‘‘species’’ to include
‘‘any subspecies of fish or wildlife or
plants, and any distinct population
segment of any species of vertebrate fish
or wildlife which interbreeds when
mature.’’
Section 3 of the ESA defines an
endangered species as ‘‘any species
which is in danger of extinction
throughout all or a significant portion of
its range’’ and a threatened species as
one ‘‘which is likely to become an
endangered species within the
foreseeable future throughout all or a
significant portion of its range.’’ We
interpret an endangered species to be
one that is presently in danger of
extinction. A threatened species, on the
other hand, is not presently in danger of
extinction, but is likely to become so in
the foreseeable future (that is, at a later
time). In other words, the primary
statutory difference between a
threatened and endangered species is
the timing of when a species may be in
danger of extinction, either presently
(endangered) or in the foreseeable future
(threatened).
Section 4(a)(1) of the ESA requires us
to determine whether any species is
endangered or threatened due to any
one or a combination of the following
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72545
five threat factors: The present or
threatened destruction, modification, or
curtailment of its habitat or range;
overutilization for commercial,
recreational, scientific, or educational
purposes; disease or predation; the
inadequacy of existing regulatory
mechanisms; or other natural or
manmade factors affecting its continued
existence. We are also required to make
listing determinations based solely on
the best scientific and commercial data
available, after conducting a review of
the species’ status and after taking into
account efforts being made by any State
or foreign nation to protect the species.
In making a listing determination, we
first determine whether a petitioned
species meets the ESA definition of a
‘‘species.’’ Next, using the best available
information gathered during the status
review for the species, we complete a
status and extinction risk assessment. In
assessing extinction risk for these two
grouper species, we considered the
demographic viability factors developed
by McElhany et al. (2000). The approach
of considering demographic risk factors
to help frame the consideration of
extinction risk has been used in many
of our status reviews, including for
Pacific salmonids, Pacific hake, walleye
pollock, Pacific cod, Puget Sound
rockfishes, Pacific herring, scalloped
hammerhead sharks, and black abalone
(see https://www.nmfs.noaa.gov/pr/
species/ for links to these reviews). In
this approach, the collective condition
of individual populations is considered
at the species level according to four
viable population descriptors:
Abundance, growth rate/productivity,
spatial structure/connectivity, and
diversity. These viable population
descriptors reflect concepts that are
well-founded in conservation biology
and that individually and collectively
provide strong indicators of extinction
risk (NMFS 2015).
We then assess efforts being made to
protect the species to determine if these
conservation efforts are adequate to
mitigate the existing threats. Section
4(b)(1)(A) of the ESA requires the
Secretary, when making a listing
determination for a species, to take into
consideration those efforts, if any, being
made by any State or foreign nation to
protect the species.
Summary of Comments
In response to our request for
comments on the proposed rule, we
received comments from eight parties.
All commenters presented general
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]]>Agencies
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)]
[Rules and Regulations]
[Pages 72539-72545]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-25273]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
49 CFR Part 1022
[Docket No. EP 716 (Sub-No. 1)]
Civil Monetary Penalty Inflation Adjustment Rule
AGENCY: Surface Transportation Board.
ACTION: Interim final rule.
-----------------------------------------------------------------------
SUMMARY: The Surface Transportation Board (Board) is issuing an interim
final rule to adjust the Board's civil monetary penalties for inflation
pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. As mandated by that act, the Board is issuing
a ``catch-up adjustment'' for its penalties and will thereafter make
annual inflation adjustments according to a specified formula.
DATES: This interim final rule is effective on October 20, 2016.
FOR FURTHER INFORMATION CONTACT: Allison Davis: (202) 245-0378. Federal
Information Relay Service (FIRS) for the hearing impaired: 1-800-877-
8339.
SUPPLEMENTARY INFORMATION:
I. Background
On November 2, 2015, the President signed the Federal Civil
Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act),
passed as part of the Bipartisan Budget Act of 2015, Public Law 114-74,
129 Stat. 599. The 2015 Act further amended the Federal Civil Penalties
Inflation Adjustment Act of 1990 (1990 Act), Public Law 101-410, 104
Stat. 890 (codified as amended at 28 U.S.C. 2461 note), as previously
amended by the Debt Collection Improvement Act of 1996 (1996 Act),
Public Law 104-134, 110 Stat. 1321, in order to improve the
effectiveness of civil monetary penalties and to maintain their
deterrent effect.\1\
---------------------------------------------------------------------------
\1\ A ``civil monetary penalty'' is defined by the 1990 Act as:
``any penalty, fine, or other sanction that--(A)(i) is for a
specific monetary amount as provided by Federal law; or (ii) has a
maximum amount provided for by Federal law; and (B) is assessed or
enforced by an agency pursuant to Federal law; and (C) is assessed
or enforced pursuant to an administrative proceeding or a civil
action in the Federal courts.'' See also 49 CFR 1022.2(b).
---------------------------------------------------------------------------
The 1996 Act required each federal agency to adopt regulations at
least once every four years that adjust for inflation the maximum
amount of civil monetary penalties under the statutes administered by
the agency. In accordance with the 1996 Act, the Board increased its
existing civil monetary penalties, which had not been adjusted for
inflation since they were prescribed
[[Page 72540]]
in the ICC Termination Act of 1995 (ICCTA), Public Law 104-88, 109
Stat. 803, by 10%, through a final rule issued in the main docket of
this proceeding on October 22, 2012.
The 2015 Act requires agencies to adjust their civil monetary
penalties for inflation through an initial ``catch-up adjustment.'' \2\
The 2015 Act requires that this adjustment be issued through an interim
final rulemaking and sets forth a specific methodology to calculate the
adjustment. To arrive at the adjusted penalty, the agency must multiply
the penalty amount when it was established or last adjusted by
Congress, excluding adjustments under the 1990 Act, by a multiplier
that is based on the percent change between the Consumer Price Index
for all Urban Consumers (CPI-U) for the month of October in the year
the penalty amount was established or last adjusted by Congress, and
the October 2015 CPI-U.\3\ As mandated by statute, penalty level
adjustments should be rounded to the nearest dollar, and the initial
increase of penalties shall not exceed 150%.
---------------------------------------------------------------------------
\2\ Under the 2015 Act, the initial penalty adjustments were to
take effect no later than August 1, 2016. The rules issued here will
take effect immediately upon publication.
\3\ The Office of Management and Budget issued guidance to
agencies on implementing the catch-up adjustments and provided
multipliers to adjust the penalty level based on the year the
penalty was established or last adjusted pursuant to law. See
Memorandum from the Office of Management and Budget, M-16-06,
Implementation of the Federal Civil Penalties Inflation Adjustment
Act Improvements Act of 2015 (Feb. 24, 2016).
---------------------------------------------------------------------------
Following the catch-up adjustment, the 2015 Act then directs
agencies to adjust their civil penalties for inflation annually,
beginning on January 15, 2017, and no later than January 15 of every
year thereafter. Annual inflation adjustments will be based on the
percent change between the October CPI-U preceding the date of the
adjustment and the prior year's October CPI-U. As with the catch-up
adjustment, penalty level adjustments should be rounded to the nearest
dollar.
II. Discussion
The statutory definition of civil monetary penalty covers the civil
penalty provisions under the Rail Carrier (Part A), Motor and Water
Carriers (Part B), and Pipeline Carrier (Part C) provisions of the
Interstate Commerce Act, as amended by ICCTA. 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-
14915. The Board's penalty authority related to pipeline carriers
appears at 49 U.S.C. 16101-16106.\4\
---------------------------------------------------------------------------
\4\ The Board also has 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.
---------------------------------------------------------------------------
As set forth in this interim final rule, the Board is amending 49
CFR pt. 1022 so that its regulations and civil monetary penalties
conform to the requirements of the 2015 Act. The adjusted penalties set
forth in the rule will apply only to violations which occur after the
effective date of this regulation.
III. Interim Final Rule
The interim final rule is set forth at the end of this decision.
This interim final rule is issued without prior public notice or
opportunity for public comment. The Administrative Procedure Act (APA),
5 U.S.C. 553(b)(B), 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 the catch-up inflation
adjustment through an interim final rule. 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. The Board simply determines the amount of
inflation adjustments by performing technical, ministerial
computations. Because the Board has no discretion to do anything except
promulgate the rule and perform ministerial computations to apply it,
public comment would serve no useful purpose. Accordingly, 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.
The following chart shows the relevant statutory provision and
penalty description, the baseline penalty, the values used in the
calculations, the relevant cap imposed by the 2015 Act for the catch-up
adjustment,\5\ and the rounded catch-up adjustment.
---------------------------------------------------------------------------
\5\ All of the applicable penalty adjustments fell below the
150% cap on the catch-up adjustments.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Civil monetary Adjusted penalty
U.S. Code citation penalty description Baseline penalty Multiplier (year) Multiplier result 2015 Act cap amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
Rail Carrier Civil Penalties
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 11901(a)................ Unless otherwise $5,000 1.50245 (1996) $7,512 $13,750 $7,512
specified, maximum
penalty for each
knowing violation
under this part, and
for each day.
49 U.S.C. 11901(b)................ For each violation $500 1.50245 (1996) $751 $1,375 $751
under section
11124(a)(2) or (b).
49 U.S.C. 11901(b)................ For each day $25 1.50245 (1996) $38 $69 $38
violation continues.
49 U.S.C. 11901(c)................ Maximum penalty for $5,000 1.50245 (1996) $7,512 $13,750 $7,512
each knowing
violation under
sections 10901-10906.
[[Page 72541]]
49 U.S.C. Sec. 11901(d)......... For each violation $100-$500 1.50245 (1996) $150-$751 $275-$1,375 $150-$751
under sections 11123
or 11124(a)(1).
49 U.S.C. 11901(d)................ For each day $50 1.50245 (1996) $75 $138 $75
violation continues.
49 U.S.C. 11901(e)(1)............. For each violation $500 1.50245 (1996) $751 $1,375 $751
under sections 11141-
11145.
49 U.S.C. 11901(e)(2)............. For each violation $100 1.50245 (1996) $150 $275 $150
under section
11144(b)(1).
49 U.S.C. 11901(e)(3-4)........... For each violation of $100 1.50245 (1996) $150 $275 $150
reporting
requirements, for
each day.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Motor and Water Carrier Civil Penalties
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 14901(a)................ Minimum penalty for $1,000 1.02819 (2012) $1,028 n/a $1,028
each violation and
for each day.
49 U.S.C. 14901(a)................ For each violation $10,000 1.02819 (2012) $10,282 n/a $10,282
under sections 13901
or 13902(c).
49 U.S.C. 14901(a)................ For each violation $25,000 1.02819 (2012) $25,705 n/a $25,705
related to
transportation of
passengers.
49 U.S.C. 14901(b)................ For each violation of $20,000-$40,000 1.02819 (2012) $20,564-$41,128 n/a $20,564-$41,128
the hazardous waste
rules under section
3001 of the Solid
Waste Disposal Act.
49 U.S.C. 14901(d)(1)............. Minimum penalty for $1,000 1.50245 (1996) $1,502 $2,750 $1,502
each violation of
household good
regulations, and for
each day.
49 U.S.C. 14901(d)(2)............. Minimum penalty for $10,000 1.50245 (1996) $15,025 $27,500 $15,025
each instance of
transportation of
household goods if
broker provides
estimate without
carrier agreement.
49 U.S.C. 14901(d)(3)............. Minimum penalty for $25,000 1.50245 (1996) $37,561 $68,750 $37,561
each instance of
transportation of
household goods
without being
registered.
49 U.S.C. 14901(e)................ Minimum penalty for $2,000 1.50245 (1996) $3,005 $5,500 $3,005
each violation of a
transportation rule.
49 U.S.C. 14901(e)................ Minimum penalty for $5,000 1.50245 (1996) $7,512 $13,750 $7,512
each additional
violation.
49 U.S.C. 14903(a)................ Maximum penalty for $100,000 1.50245 (1996) $150,245 $275,000 $150,245
undercharge or
overcharge of tariff
rate, for each
violation.
[[Page 72542]]
49 U.S.C. 14904(a)................ For first violation, $200 1.50245 (1996) $300 $550 $300
rebates at less than
the rate in effect.
49 U.S.C. 14904(a)................ For all subsequent $250 1.50245 (1996) $376 $688 $376
violations.
49 U.S.C. 14904(b)(1)............. Maximum penalty for $500 1.50245 (1996) $751 $1,375 $751
first violation for
undercharges by
freight forwarders.
49 U.S.C. 14904(b)(1)............. Maximum penalty for $2,000 1.50245 (1996) $3,005 $5,500 $3,005
subsequent
violations.
49 U.S.C. 14904(b)(2)............. Maximum penalty for $500 1.50245 (1996) $751 $1,375 $751
other first
violations under
Sec. 13702.
49 U.S.C. 14904(b)(2)............. Maximum penalty for $2,000 1.50245 (1996) $3,005 $5,500 $3,005
subsequent
violations.
49 U.S.C. 14905(a)................ Maximum penalty for $10,000 1.50245 (1996) $15,025 $27,500 $15,025
each knowing
violation of section
14103(a), and
knowingly
authorizing,
consenting to, or
permitting a
violation of section
14103(a) & (b).
49 U.S.C. 14906................... Minimum penalty for $2,000 1.02819 (2012) $2,056 n/a $2,056
first attempt to
evade regulation.
49 U.S.C. Sec. 14906............ Minimum amount for $5,000 1.02819 (2012) $5,141 n/a $5,141
each subsequent
attempt to evade
regulation.
49 U.S.C. 14907................... Maximum penalty for $5,000 1.50245 (1996) $7,512 $13,750 $7,512
recordkeeping/
reporting violations.
49 U.S.C. 14908(a)(2)............. Maximum penalty for $2,000 1.50245 (1996) $3,005 $5,500 $3,005
violation of section
14908(a)(1).
49 U.S.C. Sec. 14910............ When another civil $500 1.50245 (1996) $751 $1,375 $751
penalty is not
specified under this
part, for each
violation, for each
day.
49 U.S.C. 14915(a)(1) & (2)....... Minimum penalty for $10,000 1.19397 (2005) $11,940 $27,500 $11,940
holding a household
goods shipment
hostage, for each
day.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Pipeline Carrier Civil Penalties
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. Sec. 16101(a)......... Maximum penalty for $5,000 1.50245 (1996) $7,512 $13,750 $7,512
violation of this
part, for each day.
[[Page 72543]]
49 U.S.C. 16101(b)(1) & (4)....... For each $500 1.50245 (1996) $751 $1,375 $751
recordkeeping
violation under
section 15722, each
day.
49 U.S.C. 16101(b)(2) & (4)....... For each inspection $100 1.50245 (1996) $150 $275 $150
violation liable
under section 15722,
each day.
49 U.S.C. 16101(b)(3) & (4)....... For each reporting $100 1.50245 (1996) $150 $275 $150
violation under
section 15723, each
day.
49 U.S.C. 16103(a)................ Maximum penalty for $1,000 1.50245 (1996) $1,502 $2,750 $1,502
improper disclosure
of information.
--------------------------------------------------------------------------------------------------------------------------------------------------------
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. 801 et
seq., 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. Paperwork Reduction Act
This interim 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 et seq.
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 interim final rule will be published in the Federal Register.
2. This decision is effective on its date of service.
Decided: October 12, 2016.
By the Board, Chairman Elliott, Vice Chairman Miller, and
Commissioner Begeman.
Kenyatta Clay,
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
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1. The authority citation for part 1022 continues to read as follows:
Authority: 5 U.S.C. 551-557; 28 U.S.C. 2461 note; 49 U.S.C.
11901, 14901, 14903, 14904, 14905, 14906, 14907, 14908, 14910,
14915, 16101, 16103.
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2. Revise Sec. 1022.1 to read as follows:
Sec. 1022.1 Scope and purpose.
The purpose of this part is to establish a method to adjust for
inflation the civil monetary penalties provided by law within the
jurisdiction of the Board, in conformity with the Federal Civil
Penalties Inflation Adjustment Act of 1990, Public Law 101-410, 104
Stat. 890 (codified as amended at 28 U.S.C. 2461 note), as amended by
the Debt Collection Improvement Act of 1996, Public Law 104-134, 110
Stat. 1321, and further amended by the Federal Civil Penalties
Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74,
129 Stat. 599. These penalties shall be subject to review and
adjustment annually using the method specified in this part.
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3. Amend Sec. 1022.2 as follows:
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a. Revise paragraph (d).
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b. Add paragraph (e).
The revisions read as follows:
Sec. 1022.2 Definitions.
* * * * *
(d) Cost-of-Living Adjustment means the percentage (if any) by
which the Consumer Price Index for the month of October preceding the
adjustment exceeds the Consumer Price Index for the month of October
one year before the month of October preceding date of the adjustment.
(e) Initial Cost-of-Living Adjustment means, for each civil
monetary penalty, the percentage (if any) by which the Consumer Price
Index for the month of October 2015 exceeds the Consumer Price Index of
the month of October of the calendar year during which the amount of
such civil monetary penalty was established or adjusted under a
provision of law.
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4. Amend Sec. 1022.3 by revising the introductory text to read as
follows:
Sec. 1022.3 Civil monetary penalty inflation adjustment.
The Board shall, immediately, and at least every year thereafter--
* * * * *
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5. Revise Sec. 1022.4 to read as follows:
Sec. 1022.4 Cost-of living adjustments of civil monetary penalties.
(a) The inflation adjustment under Sec. 1022.3 will initially be
determined by increasing each maximum civil monetary penalty by the
initial cost-of-living adjustment. Not later than January 15 of every
year thereafter, the inflation adjustment will subsequently be
determined by increasing the maximum civil monetary penalty for each
civil monetary penalty by the cost-of-living adjustment. Any increase
determined under this section shall be rounded to the nearest dollar.
(b) The initial cost-of-living inflation adjustment required by the
statute results in the following adjustments to the civil monetary
penalties within the jurisdiction of the Board:
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Civil monetary penalty Baseline penalty Adjusted penalty
U.S. Code citation description amount amount (2016)
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Rail Carrier Civil Penalties
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49 U.S.C. 11901(a)...................... Unless otherwise specified, $5,000 $7,512
maximum penalty for each
knowing violation under this
part, and for each day.
49 U.S.C. 11901(b)...................... For each violation under section $500 $751
11124(a)(2) or (b).
49 U.S.C. 11901(b)...................... For each day violation continues $25 $38
49 U.S.C. 11901(c)...................... Maximum penalty for each knowing $5,000 $7,512
violation under section 10901-
10906.
49 U.S.C. 11901(d)...................... For each violation under section $100-$500 $150-$751
11123 or 11124(a)(1).
49 U.S.C. 11901(d)...................... For each day violation continues $50 $75
49 U.S.C. 11901(e)(1)................... For each violation under section $500 $751
s 11141-11145.
49 U.S.C. 11901(e)(2)................... For each violation under section $100 $150
11144(b)(1).
49 U.S.C. 11901(e)(3-4)................. For each violation of reporting $100 $150
requirements, for each day.
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Motor and Water Carrier Civil Penalties
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49 U.S.C. 14901(a)...................... Minimum penalty for each $1,000 $1,028
violation and for each day.
49 U.S.C. 14901(a)...................... For each violation under $10,000 $10,282
sections 13901 or 13902(c).
49 U.S.C. 14901(a)...................... For each violation related to $25,000 $25,705
transportation of passengers.
49 U.S.C. 14901(b)...................... For each violation of the $20,000-$40,000 $20,564-$41,128
hazardous waste rules under
section 3001 of the Solid Waste
Disposal Act.
49 U.S.C. 14901(d)(1)................... Minimum penalty for each $1,000 $1,502
violation of household good
regulations, and for each day.
49 U.S.C. 14901(d)(2)................... Minimum penalty for each $10,000 $15,025
instance of transportation of
household goods if broker
provides estimate without
carrier agreement.
49 U.S.C. 14901(d)(3)................... Minimum penalty for each $25,000 $37,561
instance of transportation of
household goods without being
registered.
49 U.S.C. 14901(e)...................... Minimum penalty for each $2,000 $3,005
violation of a transportation
rule.
49 U.S.C. 14901(e)...................... Minimum penalty for each $5,000 $7,512
additional violation.
49 U.S.C. 14903(a)...................... Maximum penalty for undercharge $100,000 $150,245
or overcharge of tariff rate,
for each violation.
49 U.S.C. 14904(a)...................... For first violation, rebates at $200 $300
less than the rate in effect.
49 U.S.C. 14904(a)...................... For all subsequent violations... $250 $376
49 U.S.C. 14904(b)(1)................... Maximum penalty for first $500 $751
violation for undercharges by
freight forwarders.
49 U.S.C. 14904(b)(1)................... Maximum penalty for subsequent $2,000 $3,005
violations.
49 U.S.C. 14904(b)(2)................... Maximum penalty for other first $500 $751
violations under section 13702.
49 U.S.C. 14904(b)(2)................... Maximum penalty for subsequent $2,000 $3,005
violations.
49 U.S.C. 14905(a)...................... Maximum penalty for each knowing $10,000 $15,025
violation of section 14103(a),
and knowingly authorizing,
consenting to, or permitting a
violation of section 14103(a) &
(b).
49 U.S.C. 14906......................... Minimum penalty for first $2,000 $2,056
attempt to evade regulation.
49 U.S.C. 14906......................... Minimum amount for each $5,000 $5,141
subsequent attempt to evade
regulation.
49 U.S.C. 14907......................... Maximum penalty for $5,000 $7,512
recordkeeping/reporting
violations.
49 U.S.C. 14908(a)(2)................... Maximum penalty for violation of $2,000 $3,005
section 14908(a)(1).
49 U.S.C. 14910......................... When another civil penalty is $500 $751
not specified under this part,
for each violation, for each
day.
49 U.S.C. 14915(a)(1) & (2)............. Minimum penalty for holding a $10,000 $11,940
household goods shipment
hostage, for each day.
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Pipeline Carrier Civil Penalties
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49 U.S.C. 16101(a)...................... Maximum penalty for violation of $5,000 $7,512
this part, for each day.
49 U.S.C. 16101(b)(1) & (4)............. For each recordkeeping violation $500 $751
under section 15722, each day.
49 U.S.C. 16101(b)(2) & (4)............. For each inspection violation $100 $150
liable under section 15722,
each day.
49 U.S.C. 16101(b)(3) & (4)............. For each reporting violation $100 $150
under section 15723, each day.
49 U.S.C. 16103(a)...................... Maximum penalty for improper $1,000 $1,502
disclosure of information.
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[FR Doc. 2016-25273 Filed 10-19-16; 8:45 am]
BILLING CODE 4915-01-P
