Civil Monetary Penalties-2017 Adjustment, 4796-4797 [2017-00690]
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[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)] [Rules and Regulations] [Pages 4796-4797] From the Federal Register Online via the Government Publishing Office [www.gpo.gov] [FR Doc No: 2017-00690] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD 49 CFR Part 1022 [Docket No. EP 716 (Sub-No. 2)] Civil Monetary Penalties--2017 Adjustment AGENCY: Surface Transportation Board. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Surface Transportation Board (Board) is issuing a final rule to implement the annual inflationary adjustment to its civil monetary penalties, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: This final rule is effective January 17, 2017, and is applicable beginning January 13, 2017. FOR FURTHER INFORMATION CONTACT: Sarah Fancher: (202) 245-0355. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. SUPPLEMENTARY INFORMATION: I. Background 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, requires agencies to adjust their civil penalties for inflation annually, beginning on January 15, 2017, and no later than January 15 of every year thereafter. In accordance with the 2015 Act, annual inflation adjustments will be based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for October of the previous year and the October CPI-U of the year before that. Penalty level adjustments should be rounded to the nearest dollar. II. Discussion The statutory definition of civil monetary penalty covers various civil penalty provisions under the Rail (Part A), Motor Carriers, Water Carriers, Brokers, and Freight Forwarders (Part B), and Pipeline Carriers (Part C) provisions of the Interstate Commerce Act, as amended by the ICC Termination Act of 1995. 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.\1\ The Board has regulations at 49 CFR pt. 1022, which codify the method set forth in the 2015 Act for annually adjusting for inflation the civil monetary penalties within the Board's jurisdiction.\2\ --------------------------------------------------------------------------- \1\ 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. \2\ The current statutory civil penalties were set through an interim final rule, Civil Monetary Penalty Inflation Adjustment Rule, EP 716 (Sub-No. 1) (STB served Oct. 20, 2016). In that decision, the Board issued a ``catch-up adjustment'' for its civil monetary penalties as mandated by the 2015 Act. --------------------------------------------------------------------------- As set forth in this 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. In accordance with the 2015 Act, the annual adjustment adopted here is calculated by multiplying each current penalty by the cost-of-living adjustment factor of 1.01636, which reflects the percentage change between the October 2016 CPI-U (724.113) and the October 2015 CPI-U (712.458). The table at the end of this decision shows the relevant statutory provision of each civil penalty and a description, the current baseline statutory civil penalty level, and the adjusted statutory civil penalty level for 2017. III. Final Rule The final rule is set forth at the end of this decision. This 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 inflation adjustment to its civil monetary penalties. 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, 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. 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 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 final rule will be published in the Federal Register. 2. This decision is effective on its date of service. Decided: January 9, 2017. 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 0 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. [[Page 4797]] 0 2. Revise Sec. 1022.4(b) to read as follows: Sec. 1022.4 Cost-of-living adjustments of civil monetary penalties. * * * * * (b) The cost-of-living adjustment required by the statute results in the following adjustments to the civil monetary penalties within the jurisdiction of the Board: ---------------------------------------------------------------------------------------------------------------- Civil monetary penalty Baseline penalty Adjusted penalty U.S. code citation description amount amount (2017) ---------------------------------------------------------------------------------------------------------------- Rail Carrier Civil Penalties ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 11901(a)....................... Unless otherwise specified, $7,512 $7,635 maximum penalty for each knowing violation under this part, and for each day. 49 U.S.C. 11901(b)....................... For each violation under Sec. 751 763 11124(a)(2) or (b). 49 U.S.C. 11901(b)....................... For each day violation continues. 38 39 49 U.S.C. 11901(c)....................... Maximum penalty for each knowing 7,512 7,635 violation under Sec. Sec. 10901-10906. 49 U.S.C. 11901(d)....................... For each violation under Sec. 150-751 152-763 Sec. 11123 or 11124(a)(1). 49 U.S.C. 11901(d)....................... For each day violation continues. 75 76 49 U.S.C. 11901(e)(1).................... For each violation under Sec. 751 763 Sec. 11141-11145. 49 U.S.C. 11901(e)(2).................... For each violation under Sec. 150 152 11144(b)(1). 49 U.S.C. 11901(e)(3-4).................. For each violation of reporting 150 152 requirements, for each day. ---------------------------------------------------------------------------------------------------------------- Motor and Water Carrier Civil Penalties ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 14901(a)....................... Minimum penalty for each 1,028 1,045 violation and for each day. 49 U.S.C. 14901(a)....................... For each violation under Sec. 10,282 10,450 Sec. 13901 or 13902(c). 49 U.S.C. 14901(a)....................... For each violation related to 25,705 26,126 transportation of passengers. 49 U.S.C. 14901(b)....................... For each violation of the 20,564-41,128 20,900-41,801 hazardous waste rules under Sec. 3001 of the Solid Waste Disposal Act. 49 U.S.C. 14901(d)(1).................... Minimum penalty for each 1,502 1,527 violation of household good regulations, and for each day. 49 U.S.C. 14901(d)(2).................... Minimum penalty for each instance 15,025 15,271 of transportation of household goods if broker provides estimate without carrier agreement. 49 U.S.C. 14901(d)(3).................... Minimum penalty for each instance 37,561 38,175 of transportation of household goods without being registered. 49 U.S.C. 14901(e)....................... Minimum penalty for each 3,005 3,054 violation of a transportation rule. 49 U.S.C. 14901(e)....................... Minimum penalty for each 7,512 7,635 additional violation. 49 U.S.C. 14903(a)....................... Maximum penalty for undercharge 150,245 152,703 or overcharge of tariff rate, for each violation. 49 U.S.C. 14904(a)....................... For first violation, rebates at 300 305 less than the rate in effect. 49 U.S.C. 14904(a)....................... For all subsequent violations.... 376 382 49 U.S.C. 14904(b)(1).................... Maximum penalty for first 751 763 violation for undercharges by freight forwarders. 49 U.S.C. 14904(b)(1).................... Maximum penalty for subsequent 3,005 3,054 violations. 49 U.S.C. 14904(b)(2).................... Maximum penalty for other first 751 763 violations under Sec. 13702. 49 U.S.C. 14904(b)(2).................... Maximum penalty for subsequent 3,005 3,054 violations. 49 U.S.C. 14905(a)....................... Maximum penalty for each knowing 15,025 15,271 violation of Sec. 14103(a), and knowingly authorizing, consenting to, or permitting a violation of Sec. 14103(a) & (b). 49 U.S.C. 14906.......................... Minimum penalty for first attempt 2,056 2,090 to evade regulation. 49 U.S.C. 14906.......................... Minimum amount for each 5,141 5,225 subsequent attempt to evade regulation. 49 U.S.C. 14907.......................... Maximum penalty for recordkeeping/ 7,512 7,635 reporting violations. 49 U.S.C. 14908(a)(2).................... Maximum penalty for violation of 3,005 3,054 Sec. 14908(a)(1). 49 U.S.C. 14910.......................... When another civil penalty is not 751 763 specified under this part, for each violation, for each day. 49 U.S.C. 14915(a)(1) & (2).............. Minimum penalty for holding a 11,940 12,135 household goods shipment hostage, for each day. ---------------------------------------------------------------------------------------------------------------- Pipeline Carrier Civil Penalties ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 16101(a)....................... Maximum penalty for violation of 7,512 7,635 this part, for each day. 49 U.S.C. 16101(b)(1) & (4).............. For each recordkeeping violation 751 763 under Sec. 15722, each day. 49 U.S.C. 16101(b)(2) & (4).............. For each inspection violation 150 152 liable under Sec. 15722, each day. 49 U.S.C. 16101(b)(3) & (4).............. For each reporting violation 150 152 under Sec. 15723, each day. 49 U.S.C. 16103(a)....................... Maximum penalty for improper 1,502 1,527 disclosure of information. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-00690 Filed 1-13-17; 8:45 am] BILLING CODE 4915-01-P
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