Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act for a Violation of a Federal Railroad Safety Law, Federal Railroad Administration Safety Regulation or Order, or the Hazardous Material Transportation Laws or Regulations, Orders, Special Permits, and Approvals Issued Under Those Laws, 16127-16136 [2017-06220]

Download as PDF Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations International Claims Settlement Act of 1949. DATES: Authority: Sec.1705(a)(2), Pub. L. 114–328, 114th Cong., 130 Stat. 2644. § 510.1 Definitions For purposes of this subchapter: Personal injury means a discernible injury (such as disfigurement, scarring, or burns) that is more serious than a superficial injury. Severe personal injury means loss of a limb, dismemberment, paralysis, or any injury of a similar type or that is comparable in severity. § 510.2 Effective April 3, 2017. FOR FURTHER INFORMATION CONTACT: Time for filing. Alexander Minard, Wireline Competition Bureau, (202) 418–7400. SUPPLEMENTARY INFORMATION: This summary contains corrections to a Federal Register document, 82 FR 14338 (March 20, 2017). Corrections In final rule FR Doc. 2017–04715, published March 20, 2017 (82 FR 14338), make the following correction: § 54.303 [Corrected] 1. On page 14339, in the first column, amendatory instruction 3 is corrected to read ‘‘In § 54.303, revise paragraphs (a)(1), (b), (c)(2), (e), and (f)(1) to read as follows:’’ ■ Claims for payments under the Guam World War II Loyalty Recognition Act, Title XVII, Public Law 114–328 (the ‘‘Act’’), must be filed not later than one year after the date on which the Commission publishes the notice described in section 1705(b)(2)(B) of the Act. Federal Communications Commission. Marlene H. Dortch, Secretary. [FR Doc. 2017–06485 Filed 3–31–17; 8:45 am] § 510.3 Applicability of administrative provisions concerning claims under the International Claims Settlement Act of 1949. BILLING CODE 6712–01–P To the extent they are not inconsistent with the provisions of the Act, the following provisions of subchapter C of this chapter shall be applicable to claims under this subchapter: §§ 509.2, 509.3, 509.4, 509.5, and 509.6. DEPARTMENT OF TRANSPORTATION Brian M. Simkin, Chief Counsel. [FR Doc. 2017–06461 Filed 3–31–17; 8:45 am] Federal Railroad Administration 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 270, and 272 [Docket No. FRA–2016–0021; Notice No. 2] BILLING CODE 4410–BA–P RIN 2130–AC65 FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 [WC Docket Nos. 10–90, 14–58; CC Docket No. 01–92; FCC 16–33] Connect America Fund, ETC Annual Reports and Certifications, Developing a Unified Intercarrier Compensation Regime Federal Communications Commission. ACTION: Final rule; correction. AGENCY: This document corrects errors in a Federal Register document that corrected errors to an original Federal Register document that adopted significant reforms to place the universal service program on solid footing for the next decade to ‘‘preserve and advance’’ voice and broadband service in areas served by rate-of-return carriers. The document was published in the Federal Register on March 20, 2017. mstockstill on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:02 Mar 31, 2017 Jkt 241001 Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act for a Violation of a Federal Railroad Safety Law, Federal Railroad Administration Safety Regulation or Order, or the Hazardous Material Transportation Laws or Regulations, Orders, Special Permits, and Approvals Issued Under Those Laws Federal Railroad Administration (FRA), Department of Transportation (DOT). ACTION: Final rule. AGENCY: To comply with the Federal Civil Penalties Inflation Adjustment Act of 1990, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, FRA is adjusting the minimum, maximum, and aggravated maximum penalties it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. FRA is also adjusting the minimum penalty, ordinary maximum penalty, SUMMARY: PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 16127 and aggravated maximum penalty that it will apply when assessing a civil monetary penalty for a knowing violation of the Federal hazardous material transportation laws or a regulation, special permit, order, or approval issued under those laws. The aggravated maximum penalty under the hazardous material transportation laws is available only for a violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. DATES: This final rule is effective April 3, 2017. FOR FURTHER INFORMATION CONTACT: Veronica Chittim, Trial Attorney, Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Mail Stop 10, Washington, DC 20590 (telephone 202–493–0273), veronica.chittim@dot.gov. SUPPLEMENTARY INFORMATION: On November 2, 2015, President Barack Obama signed the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Inflation Act). Public Law 114–74, sec. 701. This amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (Inflation Act) that required each agency to (1) adjust by regulation each maximum civil monetary penalty (CMP), or range of minimum and maximum CMPs, within that agency’s jurisdiction by October 23, 1996, and (2) adjust those penalty amounts once every four years thereafter, to reflect inflation. See Public Law 101–410, 104 Stat. 890, 28 U.S.C. 2461, note, as amended by sec. 31001(s)(1) of the Debt Collection Improvement Act of 1996, Public Law 104–134, April 26, 1996, 110 Stat. 1321– 373. Under the 2015 Inflation Act, agencies must make annual inflation adjustments, starting January 15, 2017, based on Office of Management and Budget (OMB) guidance. In the 2015 Inflation Act, Congress recognized the important role CMPs play in deterring violations of Federal laws, regulations, and orders and determined that inflation has diminished the impact of these penalties. In the Inflation Act, Congress countered the effect that inflation has had on the CMPs by having the agencies charged with enforcement responsibility administratively adjust the CMPs. FRA is authorized as the delegate of the Secretary of Transportation (Secretary) to enforce the Federal railroad safety statutes, regulations, and orders, including the civil penalty provisions codified primarily at 49 U.S.C. ch. 213. See 49 U.S.C. 103 and 49 CFR 1.89; 49 U.S.C. chs. 201–213. FRA currently has safety regulations in 34 parts of the CFR that contain E:\FR\FM\03APR1.SGM 03APR1 16128 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations provisions establishing the agency’s authority to impose civil penalties if a person violates any requirement in the pertinent portion of a statute or the CFR. In this final rule, FRA is amending each of the separate regulatory provisions and the corresponding footnotes in each Schedule of Civil Penalties appended to those regulations to raise the minimum CMP to $853, ordinary maximum CMP to $27,904, and aggravated maximum CMP to $111,616. Where applicable, FRA is also amending the corresponding appendices to those regulatory provisions which outline FRA enforcement policy. See 49 CFR part 209, app. A; 49 CFR part 228, app. A. FRA is also publishing this final rule under 49 U.S.C. 5123 and 5124, which authorize civil and criminal penalties for violations of the Federal hazardous material transportation laws or a regulation, order, special permit, or approval issued under those laws. The Pipeline and Hazardous Materials Safety Administration (PHMSA) issues the hazardous material transportation regulations. 49 CFR 1.96(b)(1). However, FRA is authorized, as the Secretary’s delegate, to enforce the hazardous material statutes, regulations and orders, including the civil penalty provisions codified primarily at 49 U.S.C. 5123. 49 CFR 1.89(j). In this final rule, FRA amends all references to the minimum and maximum civil penalties in 49 CFR part 209, app. B, to raise the minimum CMP for hazardous materials training violations 1 from $463 to $471; the ordinary maximum CMP per violation from $77,114 to $78,376; and the aggravated maximum CMP from $179,933 to $182,877. mstockstill on DSK3G9T082PROD with RULES Description of the Adjustment Calculation The 2015 Inflation Act requires FRA to calculate the inflation adjustment by increasing the maximum CMP, or the range of minimum and maximum CMPs, based on the Consumer Price Index for the month of October 2016, not seasonally adjusted. OMB guidance, M– 17–11, ‘‘Implementation of the 2017 annual adjustment pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,’’ dated Dec. 16, 2016, states that after applying the multiplier of 1.01636, FRA must round the penalty levels to the nearest dollar.2 1 There is no minimum CMP for other hazardous materials violations not related to training. See Moving Ahead for Progress in the 21st Century Act, Public Law 112–141, July 6, 2012, sec. 33010; 78 FR 9845, Feb. 12, 2013. 2 Available at https://www.whitehouse.gov/sites/ default/files/omb/memoranda/2017/m-17-11_0.pdf. See also Public Law 114–74, sec. 701. VerDate Sep<11>2014 16:02 Mar 31, 2017 Jkt 241001 As the following calculations show, after calculating the inflation adjustment, FRA determined the minimum CMP for rail safety violations should increase to $853; the ordinary maximum CMP should increase to $27,904; and the aggravated maximum CMP should increase to $111,616. FRA also determined the minimum CMP for hazardous materials training violations should increase to $471; the ordinary maximum CMP per hazardous material violation should increase to $78,376; and the aggravated maximum CMP per hazardous material violation should increase to $182,877. Calculations To Determine CMP Updates for 2017 1. Minimum Rail Safety CMP of $839 Raised to $853 FRA evaluated the minimum rail safety CMP as the 2015 Inflation Act requires. Based on the following calculations, FRA concluded it should increase from $839 to $853. The 2016 multiplier of 1.01636 times $839 equals $852.73, or $853 rounded to the nearest dollar. The inflation adjusted minimum penalty is $853, and applies to all the rail safety statutes, regulations, and orders. This new FRA minimum penalty will apply to penalties assessed on or after January 15, 2017. 2. Ordinary Maximum Rail Safety CMP of $27,455 Raised to $27,904 FRA evaluated the ordinary maximum rail safety CMP as the 2015 Inflation Act requires. Based on the following calculations, FRA determined it should increase from $27,455 to $27,904. The 2016 multiplier of 1.01636 times $27,455 equals $27,904.16, or $27,904 rounded to the nearest dollar. The inflation adjusted ordinary maximum penalty is $27,904, and applies to all the rail safety statutes, regulations, and orders. This new FRA ordinary maximum penalty will apply to penalties assessed on or after January 15, 2017. 3. Aggravated Maximum Rail Safety CMP of $109,819 Raised to $111,616 FRA also evaluated the maximum CMP for an aggravated rail safety violation and determined it should increase from $109,819 to $111,616, as the following calculations show. The 2016 multiplier of 1.01636 times $109,819 equals $111,615.64, or $111,616 rounded to the nearest dollar. The inflation adjusted aggravated maximum penalty is $111,616, and applies to all the rail safety statutes, regulations, and orders. This new FRA aggravated maximum penalty will apply PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 to penalties assessed on or after January 15, 2017. 4. Minimum CMP of $463 for Hazardous Materials Training Violations Raised to $471 FRA evaluated the minimum CMP for hazardous materials training violations and determined it should increase from $463 to $471 as the following calculations show. The 2016 multiplier of 1.01636 times $463 equals $470.57, or $471 rounded to the nearest dollar. The inflation adjusted minimum penalty for hazardous materials training violations is $471, and applies to all violations of the hazardous materials statutes, regulations, special permits, approvals, and orders related to training. This new FRA minimum penalty for training violations will apply to penalties assessed on or after January 15, 2017. 5. Ordinary Maximum Hazardous Materials CMP of $77,114 Raised to $78,376 FRA evaluated the ordinary maximum hazardous materials CMP as the 2015 Inflation Act requires. Based on the following calculations, FRA determined it should increase from $77,114 to $78,376. The 2016 multiplier of 1.01636 times $77,114 equals $78,375.59, or $78,376 rounded to the nearest dollar. The inflation adjusted ordinary maximum penalty is $78,376, and applies to all violations of the hazardous materials transportation statutes, regulations, special permits, approvals, and orders. This new FRA ordinary maximum penalty will apply to penalties assessed on or after January 15, 2017. 6. Aggravated Maximum Hazardous Materials CMP of $179,933 Raised to $182,877 FRA also evaluated the maximum hazardous materials CMP for an aggravated violation and determined, based on the following calculations, it should increase from $179,933 to $182,877. The 2016 multiplier of 1.01636 times $179,933 equals $182,876.70, or $182,877 rounded to the nearest dollar. The inflation adjusted aggravated maximum penalty is $182,877, and applies to all violations of the hazardous materials transportation statutes, regulations, special permits, approvals, and orders. This new FRA aggravated maximum penalty will apply to penalties assessed on or after January 15, 2017. Public Participation FRA is proceeding to a final rule without a notice of proposed rulemaking or an opportunity for public E:\FR\FM\03APR1.SGM 03APR1 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations comment. The adjustments the 2015 Inflation Act requires are ministerial acts over which FRA has no discretion, making public comment unnecessary. As such, notice and comment procedures are ‘‘impracticable, unnecessary, or contrary to the public interest’’ under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B). FRA is issuing these amendments as a final rule applicable to all future rail safety and hazardous materials transportation civil penalty cases under its authority to cite for violations that occur on or after the effective date of this final rule. Regulatory Impact mstockstill on DSK3G9T082PROD with RULES A. Executive Orders 12866 and 13563 and DOT Regulatory Policies and Procedures FRA evaluated this final rule consistent with Executive Order 12866 (Regulatory Planning and Review), Executive Order 13563 (Improving Regulation and Regulatory Review), and DOT policies and procedures. In this final rule, FRA solely implements the annual inflation adjustment following the guidance in OMB memorandum M– 17–11. As such, OMB has determined that agency regulations like this final rule are not considered a significant regulatory action under section 3(f) of Executive Order 12866. Further, this rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation (44 FR 11034, Feb. 26, 1979) because it is limited to ministerial acts over which the agency has no discretion, and the economic impact of the final rule is minimal to the extent that preparation of a regulatory evaluation is not warranted. B. Regulatory Flexibility Act and Executive Order 13272 The Regulatory Flexibility Act of 1980 (RFA), Public Law 96–354, as amended, and codified as amended at 5 U.S.C. 601–612, and Executive Order 13272 (Proper Consideration of Small Entities in Agency Rulemaking), require agency review of proposed and final rules to assess their impact on ‘‘small entities’’ for purposes of the RFA. An agency must prepare a regulatory flexibility analysis unless it determines and certifies that a rule is not expected to have a significant economic impact on a substantial number of small entities. FRA does not expect this final rule will have a significant economic impact on a substantial number of small entities. Although this final rule will apply to railroads, hazardous materials shippers, and others that are considered small VerDate Sep<11>2014 16:02 Mar 31, 2017 Jkt 241001 entities, there is no economic impact on any person who complies with the Federal railroad safety laws and the regulations and orders issued under those laws, and the Federal hazardous materials laws and the regulations, special permits, approvals, and orders issued under those laws. In addition, FRA has determined the RFA does not apply to this rulemaking. The 2015 Inflation Act requires FRA to make annual adjustments and does not require FRA to publish an NPRM or provide for notice and comment under the APA. The Small Business Administration’s A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act (2003), provides that: If, under the APA or any rule of general applicability governing federal grants to state and local governments, the agency is required to publish a general notice of proposed rulemaking (NPRM), the RFA must be considered [citing 5 U.S.C. 604(a)] . . . . If an NPRM is not required, the RFA does not apply. Therefore, because the 2015 Inflation Act does not require an NPRM for this rulemaking, the RFA does not apply. C. Federalism This final rule will not have a substantial effect on the States, on the relationship between the national government and the States, or the distribution of power and responsibilities among the various levels of government. Thus, consistent with Executive Order 13132 (Federalism), FRA is not required to prepare a Federalism assessment. D. Paperwork Reduction Act There are no new information collection requirements in this final rule to submit for OMB review under the Paperwork Reduction Act of 1995 (44 U.S.C. 3501 et seq.). E. Unfunded Mandates Reform Act of 1995 This final rule will not result in the expenditure, in the aggregate, of $156,000,000 or more in any one year by State, local, or Indian Tribal governments, or the private sector. Thus, consistent with Section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104–4, 2 U.S.C. 1532), FRA is not required to prepare a written statement detailing the effect of such an expenditure. F. Environmental Impact FRA has evaluated this final rule under the National Environmental Policy Act (NEPA; 42 U.S.C. 4321 et seq.), other environmental statutes, PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 16129 related regulatory requirements, and its ‘‘Procedures for Considering Environmental Impacts’’ (FRA’s NEPA Procedures) (64 FR 28545, May 26, 1999). FRA has determined that this final rule is categorically excluded from detailed environmental review pursuant to section 4(c)(20) of FRA’s NEPA Procedures, ‘‘Promulgation of railroad safety rules and policy statements that do not result in significantly increased emissions of air or water pollutants or noise or increased traffic congestion in any mode of transportation.’’ See 64 FR 28547, May 26, 1999. Categorical exclusions (CEs) are actions identified in an agency’s NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a CE, the agency must also consider whether extraordinary circumstances warrant a more detailed environmental review through the preparation of an EA or EIS. See id. The purpose of this rulemaking is to comply with the Inflation Act, as amended by the 2015 Inflation Act. Specifically, FRA is adjusting the minimum, maximum, and aggravated maximum penalty that it will apply when assessing a civil penalty for a violation of a railroad safety statute, regulation, or order under its authority. FRA is also adjusting the minimum, maximum, and aggravated maximum penalty that it will apply when assessing a civil penalty for a violation of a Federal hazardous materials law, regulation, special permit, approval, or order. Under section 4(c) and (e) of FRA’s NEPA Procedures, FRA has concluded no extraordinary circumstances exist with respect to this regulation that might trigger the need for a more detailed environmental review. FRA does not anticipate any environmental impacts from this requirement and finds there are no extraordinary circumstances present in connection with this final rule. G. Executive Order 12898 (Environmental Justice) Executive Order 12898, Federal Actions to Address Environmental Justice in Minority Populations and Low-Income Populations, and DOT Order 5610.2(a) (91 FR 27534, May 10, 2012) require DOT agencies to achieve environmental justice as part of their mission by identifying and addressing, as appropriate, disproportionately high and adverse human health or environmental effects, including interrelated social and economic effects, E:\FR\FM\03APR1.SGM 03APR1 16130 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations of their programs, policies, and activities on minority populations and low-income populations. The DOT Order instructs DOT agencies to address compliance with Executive Order 12898 and requirements within the DOT Order in rulemaking activities, as appropriate. FRA has evaluated this final rule under Executive Order 12898 and the DOT Order and has determined that it would not cause disproportionately high and adverse human health and environmental effects on minority populations or low-income populations. H. Executive Order 13175 (Tribal Consultation) FRA has evaluated this final rule under the principles and criteria contained in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments, dated November 6, 2000. The final rule would not have a substantial direct effect on one or more Indian tribes, would not impose substantial direct compliance costs on Indian tribal governments, and would not preempt tribal laws. Therefore, the funding and consultation requirements of Executive Order 13175 do not apply, and FRA is not required to prepare a tribal summary impact statement. List of Subjects 49 CFR Part 209 Administrative practice and procedure, Hazardous materials transportation, Penalties, Railroad safety, Reporting and recordkeeping requirements. safety, Reporting and recordkeeping requirements. requirements, State and local governments. 49 CFR Part 219 Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad safety, Reporting and recordkeeping requirements, Safety, Transportation. 49 CFR Part 235 49 CFR Part 220 Penalties, Radio, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 236 49 CFR Part 221 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 237 49 CFR Part 222 Administrative practice and procedure, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 223 Glazing standards, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 224 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 225 Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 227 Noise control, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 213 Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 228 Penalties, Railroad employees, Reporting and recordkeeping requirements. 49 CFR Part 214 Bridges, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 229 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 230 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 215 Freight, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 231 Penalties, Railroad safety. Administrative practice and procedure, Penalties, Railroad safety, Railroad signals, Reporting and recordkeeping requirements. Penalties, Positive train control, Railroad safety, Reporting and recordkeeping requirements. Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 238 Fire prevention, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 239 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 240 Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 241 Communications, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 242 Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 243 Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 244 Administrative practice and procedure, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 270 Penalties; Railroad safety; Reporting and recordkeeping requirements; and System safety. mstockstill on DSK3G9T082PROD with RULES 49 CFR Part 216 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 232 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 217 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 233 Penalties, Railroad safety, Reporting and recordkeeping requirements. Penalties, Railroad employees, Railroad safety, Railroads, Safety, Transportation. 49 CFR Part 218 Occupational safety and health, Penalties, Railroad employees, Railroad 49 CFR Part 234 Highway safety, Penalties, Railroad safety, Reporting and recordkeeping The Final Rule VerDate Sep<11>2014 16:02 Mar 31, 2017 Jkt 241001 PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 49 CFR Part 272 In consideration of the foregoing, parts 209, 213, 214, 215, 216, 217, 218, E:\FR\FM\03APR1.SGM 03APR1 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 270, and 272 of subtitle B, chapter II of title 49 of the Code of Federal Regulations are amended as follows: PART 209—[AMENDED] 1. The authority citation for part 209 continues to read as follows: ■ Authority: 49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461, note; and 49 CFR 1.89. 2. Revise § 209.103(a) and (c) to read as follows: ■ § 209.103 Minimum and maximum penalties. (a) A person who knowingly violates a requirement of the Federal hazardous materials transportation laws, an order issued thereunder, subchapter A or C of chapter I, subtitle B, of this title, or a special permit or approval issued under subchapter A or C of chapter I, subtitle B, of this title is liable for a civil penalty of not more than $78,376 for each violation, except that— (1) The maximum civil penalty for a violation is $182,877 if the violation results in death, serious illness, or severe injury to any person, or substantial destruction of property and (2) A minimum $471 civil penalty applies to a violation related to training. * * * * * (c) The maximum and minimum civil penalties described in paragraph (a) of this section apply to violations occurring on or after April 3, 2017. ■ 3. Revise the last sentence of § 209.105(c) to read as follows: § 209.105 Notice of probable violation. (c) * * * In an amended notice, FRA may change the civil penalty amount proposed to be assessed up to and including the maximum penalty amount of $78,376 for each violation, except that if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property, FRA may change the penalty amount proposed to be assessed up to and including the maximum penalty amount of $182,877. § 209.409 mstockstill on DSK3G9T082PROD with RULES ■ [Amended] 4. Amend § 209.409 as follows: VerDate Sep<11>2014 16:02 Mar 31, 2017 Jkt 241001 a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ 5. In appendix A to part 209, amend the section ‘‘Penalty Schedules; Assessment of Maximum Penalties’’ by: ■ a. Adding a sentence to the end of the sixth paragraph; ■ b. Revising the third sentence of the seventh paragraph; and ■ c. Revising the first sentence of the tenth paragraph. The revisions and additions read as follows: ■ Appendix A to Part 209—Statement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws * * * * * Penalty Schedules; Assessment of Maximum Penalties * * * * * * * * Under the 2015 Inflation Act, effective April 3, 2017, the minimum civil monetary penalty was raised from $839 to $853, the ordinary maximum civil monetary penalty was raised from $27,455 to $27,904, and the aggravated maximum civil monetary penalty was raised from $109,819 to $111,616. * * * For each regulation or order, the schedule shows two amounts within the $853 to $27,904 range in separate columns, the first for ordinary violations, the second for willful violations (whether committed by railroads or individuals). * * * * * * * * Accordingly, under each of the schedules (ordinarily in a footnote), and regardless of the fact that a lesser amount might be shown in both columns of the schedule, FRA reserves the right to assess the statutory maximum penalty of up to $111,616 per violation where a pattern of repeated violations or a grossly negligent violation has created an imminent hazard of death or injury or has caused death or injury. * * * * * * * * 6. Amend appendix B to part 209 as follows: ■ a. In the introductory text, revise the second sentence of the first paragraph, the last sentence of the second paragraph, and the fifth sentence of the third paragraph; and ■ b. In the table ‘‘CIVIL PENALTY ASSESSMENT GUIDELINES’’: ■ PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 16131 i. Revise footnote 1; ii. Under the heading ‘‘PART 173— SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGES,’’ revise the entry for ‘‘173.24(b)(1) and 173.24(b)(2) and 173.24(f)(1) and 173.24(f)(1)(ii)’’ and the introductory text for entry ‘‘173.24(c)’’; and ■ iii. Revise footnote 2. The revisions read as follows: ■ ■ Appendix B to Part 209—Federal Railroad Administration Guidelines for Initial Hazardous Materials Assessments * * * The guideline penalty amounts reflect the best judgment of the FRA Office of Railroad Safety (RRS) and of the Safety Law Division of the Office of Chief Counsel (RCC) on the relative severity of the various violations routinely encountered by FRA inspectors on a scale of amounts up to the maximum $78,376 penalty, except the maximum civil penalty is $182,877 if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property, and a minimum $471 penalty applies to a violation related to training. * * * * * * When a violation of the Federal hazardous material transportation law, an order issued thereunder, the Hazardous Materials Regulations or a special permit, approval, or order issued under those regulations results in death, serious illness or severe injury to any person, or substantial destruction of property, a maximum penalty of at least $78,376 and up to and including $182,877 shall always be assessed initially. * * * In fact, FRA reserves the express authority to amend the NOPV to seek a penalty of up to $78,376 for each violation, and up to $182,877 for any violation resulting in death, serious illness or severe injury to any person, or substantial destruction of property, at any time prior to issuance of an order. * * * CIVIL PENALTY ASSESSMENT GUIDELINES * * * 1 Any * * person who violates an emergency order issued under the authority of 49 U.S.C. Ch. 201 is subject to a civil penalty of at least $853 and not more than $27,904 per violation, except that where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused a death or injury, a penalty not to exceed $111,616 per violation may be assessed. Each day that the violation continues is a separate offense. 49 U.S.C. 21301; 28 U.S.C. 2461, note. E:\FR\FM\03APR1.SGM 03APR1 16132 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations 49 CFR section * Guideline amount 2 Description * * * * * * PART 173—SHIPPERS—GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGES * * 173.24(b)(1) and 173.24(b)(2) and ........... 173.24(f)(1) and 173.24(f)(1)(ii) ................ * * * * * Securing closures: These subsections are the general ‘‘no leak’’ standard for all packagings. Sec. 173.24(b) deals primarily with packaging as a whole, while § 173.24(f) focuses on closures. Use § 173.31(d) for tank cars, when possible. Cite the sections accordingly, using both the leak/non-leak criteria and the package size considerations to reach the appropriate penalty. Any actual leak will aggravate the guideline by, typically, 50%; a leak with contact with a human being will aggravate by at least 100%, up to the maximum of $78,376, and up to $182,877 if the violation results in death, serious illness or injury or substantial destruction of property. For intermodal (IM) portable tanks and other tanks of that size range, use the tank car penalty amounts, as stated in § 173.31. —Small bottle or box ................................................................................................... —55–gallon drum ......................................................................................................... —Larger container, e.g., IBC; not portable tank or tank car ....................................... 1,000 2,500 5,000 —IM portable tank, cite § 173.24(f) and use the penalty amounts for tank cars: Residue, generally, § 173.29(a) and, loaded, § 173.31(d). —Residue adhering to outside of package (i.e., portable tanks, tank cars, etc.) ....... 173.24(c) ................................................... * * 5,000 Use of package not meeting specifications, including required stencils and markings. The most specific section for the package involved should be cited (see below). The penalty guideline should be adjusted for the size of the container. Any actual leak will aggravate the guideline by, typically, 50%; a leak with contact with a human being will aggravate by at least 100%, up to the maximum of $78,376, and up to $182,877 if the violation results in death, serious illness or injury or substantial destruction of property. . * * * * * 2A person who knowingly violates the hazardous material transportation law or a regulation, order, special permit, or approval issued thereunder, is subject to a civil penalty of up to $78,376 for each violation, except that the maximum civil penalty for a violation is $182,877 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property; and a minimum $471 civil penalty applies to a violation related to training. Each day that the violation continues is a separate offense. 49 U.S.C. 5123; 28 U.S.C. 2461, note. § 214.5 PART 213—[AMENDED] 7. The authority citation for part 213 continues to read as follows: ■ Authority: 49 U.S.C. 20102–20114 and 20142; Sec. 403, Div. A, Public Law 110–432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 213.15 [Amended] 8. In § 213.15, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. mstockstill on DSK3G9T082PROD with RULES ■ PART 214—[AMENDED] 9. The authority citation for part 214 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 21301, 31304, 28 U.S.C. 2461, note; and 49 CFR 1.89. VerDate Sep<11>2014 16:02 Mar 31, 2017 Jkt 241001 [Amended] Appendix B to Part 215—[Amended] 10. Amend § 214.5 as follows: a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ ■ PART 215—[AMENDED] 11. The authority citation for part 215 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 215.7 12. Amend § 215.7 as follows: a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. Frm 00032 Fmt 4700 PART 216—[AMENDED] 14. The authority citation for part 216 continues to read as follows: ■ Authority: 49 U.S.C. 20102–20104, 20107, 20111, 20133, 20701–20702, 21301–21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 216.7 [Amended] 15. Amend § 216.7 as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ [Amended] ■ ■ PO 00000 13. In appendix B to part 215, footnote 1, remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’. ■ Sfmt 4700 E:\FR\FM\03APR1.SGM 03APR1 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations 16. The authority citation for part 217 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 217.5 [Amended] 17. Amend § 217.5 as follows: a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ ■ PART 221—[AMENDED] 24. The authority citation for part 221 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 221.7 [Amended] 25. Amend § 221.7 as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ PART 218—[AMENDED] 18. The authority citation for part 218 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 218.9 a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ PART 217—[AMENDED] [Amended] 19. Amend § 218.9 as follows: a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ ■ 26. The authority citation for part 222 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 222.11 [Amended] 27. Amend § 222.11 as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ 20. The authority citation for part 219 continues to read as follows: ■ Authority: 49 U.S.C. 20102–20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 219.9 [Amended] 21. In § 219.9, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ 28. The authority citation for part 223 continues to read as follows: ■ Authority: 49 U.S.C. 20102–20103, 20133, 20701–20702, 21301–21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. 22. The authority citation for part 220 continues to read as follows: mstockstill on DSK3G9T082PROD with RULES Authority: 49 U.S.C. 20102–20103, 20103, note, 20107, 21301–21302, 20701–20703, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 220.7 ■ [Amended] 23. Amend § 220.7 as follows: VerDate Sep<11>2014 16:02 Mar 31, 2017 [Amended] 29. Amend § 223.7 as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ ■ Jkt 241001 30. The authority citation for part 224 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 224.11 [Amended] 31. In § 224.11, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ PART 225—[AMENDED] 32. The authority citation for part 225 continues to read as follows: ■ Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901–20902, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 225.29 [Amended] 33. Amend § 225.29 as follows: a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. PART 227—[AMENDED] 34. The authority citation for part 227 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20103, note, 20701–20702; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 227.9 [Amended] 35. In § 227.9, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ PART 223—[AMENDED] § 223.7 PART 220—[AMENDED] PART 224—[AMENDED] ■ ■ PART 222—[AMENDED] PART 219—[AMENDED] 16133 PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 PART 228—[AMENDED] 36. The authority citation for part 228 continues to read as follows: ■ Authority: 49 U.S.C. 103, 20103, 20107, 21101–21109; Sec. 108, Div. A, Public Law 110–432, 122 Stat. 4860–4866, 4893–4894; 49 U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. E:\FR\FM\03APR1.SGM 03APR1 16134 § 228.6 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations § 230.4 [Amended] 37. In § 228.6, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ 38. In appendix A to part 228, below the heading ‘‘GENERAL PROVISIONS,’’ amend the ‘‘Penalty’’ paragraph by adding a sentence at the end of the paragraph to read as follows: ■ Appendix A to Part 228—Requirements of the Hours of Service Act: Statement of Agency Policy and Interpretation * * * * * * * * * * * * PART 229—[AMENDED] 39. The authority citation for part 229 continues to read as follows: ■ Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901–02, 21301, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 229.7 40. In § 229.7, amend paragraph (b) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ Appendix B to Part 229—[Amended] ■ 51. The authority citation for part 234 continues to read as follows: Authority: 49 U.S.C. 20102–20103, 20107, 20131, 20301–20303, 21301–21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. Authority: 49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304, 21311, 22501 note; Pub. L. 110–432, Div. A., Sec. 202, 28 U.S.C. 2461, note; and 49 CFR 1.89. § 231.0 § 234.6 ■ 44. The authority citation for part 231 continues to read as follows: [Amended] 52. In § 234.6, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ PART 235—[AMENDED] ■ 46. The authority citation for part 232 continues to read as follows: ■ Authority: 49 U.S.C. 20102–20103, 20107, 20133, 20141, 20301–20303, 20306, 21301– 21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. [Amended] 47. In § 232.11, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ Appendix A to Part 232—[Amended] 48. In appendix A to part 232, footnote 1, remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’. PART 233—[AMENDED] ■ 49. The authority citation for part 233 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461, note; and 49 CFR 1.89. Authority: 49 U.S.C. 504, 522, 20103, 20107, 20501–20505, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. ■ 42. The authority citation for part 230 continues to read as follows: Jkt 241001 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 53. The authority citation for part 235 continues to read as follows: § 235.9 [Amended] 54. Amend § 235.9 as follows: a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ ■ PART 236—[AMENDED] 55. The authority citation for part 236 continues to read as follows: ■ Authority: 49 U.S.C. 20102–20103, 20107, 20133, 20141, 20157, 20301–20303, 20306, 20501–20505, 20701–20703, 21301–21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 236.0 PART 230—[AMENDED] 16:02 Mar 31, 2017 [Amended] 45. In § 231.0, amend paragraph (f) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ 41. In appendix B to part 229, footnote 1, remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’. ■ mstockstill on DSK3G9T082PROD with RULES PART 234—[AMENDED] PART 231—[AMENDED] § 232.11 [Amended] VerDate Sep<11>2014 50. Amend § 233.11 as follows: a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ ■ PART 232—[AMENDED] * Penalty. * * * Under the 2015 Inflation Act, effective April 3, 2017, the minimum civil monetary penalty was raised from $839 to $853, the ordinary maximum civil monetary penalty was raised from $27,455 to $27,904, and the aggravated maximum civil monetary penalty was raised from $109,819 to $111,616. * [Amended] ■ GENERAL PROVISIONS * § 233.11 [Amended] 43. In § 230.4, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ [Amended] 56. In § 236.0, amend paragraph (f) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ E:\FR\FM\03APR1.SGM 03APR1 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. PART 237—[AMENDED] PART 240—[AMENDED] ■ 57. The authority citation for part 237 continues to read as follows: ■ Authority: 49 U.S.C. 20102–20114; Public Law 110–432, Div. A, Sec. 417; 28 U.S.C. 2461, note; and 49 CFR 1.89. Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 237.7 § 240.11 ■ [Amended] 64. The authority citation for part 240 continues to read as follows: [Amended] 58. In § 237.7, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ PART 238—[AMENDED] PART 241—[AMENDED] 59. The authority citation for part 238 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302–20303, 20306, 20701–20702, 21301–21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 U.S.C. 2461, note; 49 CFR 1.89. ■ ■ § 238.11 [Amended] 61. In appendix A to part 238, footnote 1, remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’. ■ PART 239—[AMENDED] 68. The authority citation for part 242 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 242.11 62. The authority citation for part 239 continues to read as follows: ■ mstockstill on DSK3G9T082PROD with RULES [Amended] PART 242—[AMENDED] Appendix A to Part 238—[Amended] Authority: 49 U.S.C. 20102–20103, 20105– 20114, 20133, 21301, 21304, and 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. [Amended] 63. Amend § 239.11 as follows: a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ ■ 16:02 Mar 31, 2017 § 241.15 67. In § 241.15, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. 60. In § 238.11, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. VerDate Sep<11>2014 66. The authority citation for part 241 continues to read as follows: ■ ■ § 239.11 65. In § 240.11, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. Jkt 241001 [Amended] 69. In § 242.11, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 16135 PART 243—[AMENDED] 70. The authority citation for part 243 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20131– 20155, 20162, 20301–20306, 20701–20702, 21301–21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 243.7 [Amended] 71. In § 243.7, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$869’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ PART 244—[AMENDED] 72. The authority citation for part 244 is revised to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 244.5 [Amended] 73. In § 244.5, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ PART 270—[AMENDED] 74. The authority citation for part 270 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20106–20107, 20118–20119, 20156, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 270.7 [Amended] 75. In § 270.7, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ 76. In appendix A to part 270, footnote 1 is revised to read as follows: ■ Appendix A to Part 270—Schedule of Civil Penalties * E:\FR\FM\03APR1.SGM * * 03APR1 * * 16136 Federal Register / Vol. 82, No. 62 / Monday, April 3, 2017 / Rules and Regulations 1 A penalty may be assessed against an individual only for a willful violation. The Administrator reserves the right to assess a penalty of up to the statutory maximum for any violation where circumstances warrant. See 49 CFR part 209, appendix A. PART 272—[AMENDED] 77. The authority citation for part 272 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20109, note; 28 U.S.C. 2461, note; 49 CFR 1.89; and sec. 410, Div. A, Pub. L. 110–432, 122 Stat. 4888. § 272.11 [Amended] 78. In § 272.11, amend paragraph (a) as follows: ■ a. Remove the numerical amount ‘‘$839’’ and add in its place the numerical amount ‘‘$853’’; ■ b. Remove the numerical amount ‘‘$27,455’’ and add in its place the numerical amount ‘‘$27,904’’; and ■ c. Remove the numerical amount ‘‘$109,819’’ and add in its place the numerical amount ‘‘$111,616’’. ■ Patrick Warren, Acting Administrator. [FR Doc. 2017–06220 Filed 3–31–17; 8:45 am] BILLING CODE 4910–06–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 635 [Docket No. 150121066–5717–02] RIN 0648–XF284 Atlantic Highly Migratory Species; Atlantic Bluefin Tuna Fisheries; General Category Fishery National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; closure. AGENCY: NMFS closes the coastwide General category fishery for large medium and giant Atlantic bluefin tuna (BFT) until the General category reopens on June 1, 2017. This action is being taken to prevent any further overharvest of the available adjusted General category January 2017 BFT subquota. DATES: Effective 11:30 p.m., local time, March 29, 2017, through May 31, 2017. FOR FURTHER INFORMATION CONTACT: Sarah McLaughlin or Brad McHale, 978–281–9260. SUPPLEMENTARY INFORMATION: Regulations implemented under the mstockstill on DSK3G9T082PROD with RULES SUMMARY: VerDate Sep<11>2014 16:02 Mar 31, 2017 Jkt 241001 authority of the Atlantic Tunas Convention Act (ATCA; 16 U.S.C. 971 et seq.) and the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act; 16 U.S.C. 1801 et seq.) governing the harvest of BFT by persons and vessels subject to U.S. jurisdiction are found at 50 CFR part 635. Section 635.27 subdivides the U.S. BFT quota recommended by the International Commission for the Conservation of Atlantic Tunas (ICCAT) among the various domestic fishing categories, per the allocations established in the 2006 Consolidated Highly Migratory Species Fishery Management Plan (2006 Consolidated HMS FMP) (71 FR 58058, October 2, 2006), as amended. NMFS is required, under regulations at § 635.28(a)(1), to file a closure notice for publication with the Office of the Federal Register when a BFT quota is reached or is projected to be reached. On and after the effective date and time of such notification, for the remainder of the fishing year or for a specified period as indicated in the notification, retaining, possessing, or landing BFT under that quota category is prohibited until the opening of the subsequent quota period or until such date as specified in the notice. The base quota for the General category is 466.7 mt. See § 635.27(a). Each of the General category time periods (January, June through August, September, October through November, and December) is allocated a portion of the annual General category quota. Although it is called the ‘‘January’’ subquota, the regulations allow the General category fishery under this quota to continue until the subquota is reached or March 31, whichever comes first. Based on the General category base quota of 466.7 mt, the subquotas for each time period are as follows: 24.7 mt for January; 233.3 mt for June through August; 123.7 mt for September; 60.7 mt for October through November; and 24.3 mt for December. Any unused General category quota rolls forward within the fishing year, which coincides with the calendar year, from one time period to the next, and is available for use in subsequent time periods. Effective January 1, 2017, NMFS transferred 16.3 mt of the 24.3-mt General category quota allocated for the December 2017 period to the January 2017 period, resulting in an adjusted subquota of 41 mt for the January period and a subquota of 8 mt for the December 2017 period (81 FR 91873, December 19, 2016). Effective March 2, 2017, NMFS transferred 40 mt from the Reserve category to the General category January 2017 subquota period, resulting in an adjusted subquota of 81 PO 00000 Frm 00036 Fmt 4700 Sfmt 4700 mt for the January period (82 FR 12747, March 7, 2017). Based on the best available landings information for the General category BFT fishery, NMFS has determined that the adjusted General category January 2017 subquota of 81 mt has been reached (i.e., as of March 27, reported landings total approximately 82.4 mt). Therefore, retaining, possessing, or landing large medium or giant BFT by persons aboard vessels permitted in the Atlantic tunas General and HMS Charter/Headboat categories (while fishing commercially) must cease at 11:30 p.m. local time on March 29, 2017. The General category will reopen automatically on June 1, 2017, for the June through August 2017 subperiod. This action applies to Atlantic tunas General category (commercial) permitted vessels and Highly Migratory Species (HMS) Charter/Headboat category permitted vessels when fishing commercially for BFT, and is taken consistent with the regulations at § 635.28(a)(1). The intent of this closure is to prevent any further overharvest of the available General category January BFT subquota. Fishermen may catch and release (or tag and release) BFT of all sizes, subject to the requirements of the catch-andrelease and tag-and-release programs at § 635.26. All BFT that are released must be handled in a manner that will maximize their survival, and without removing the fish from the water, consistent with requirements at § 635.21(a)(1). For additional information on safe handling, see the ‘‘Careful Catch and Release’’ brochure available at www.nmfs.noaa.gov/sfa/ hms/. General, HMS Charter/Headboat, Harpoon, and Angling category vessel owners are required to report the catch of all BFT retained or discarded dead, within 24 hours of the landing(s) or end of each trip, by accessing hmspermits.noaa.gov or by using the Android or iPhone app. Classification The Assistant Administrator for NMFS (AA) finds that it is impracticable and contrary to the public interest to provide prior notice of, and an opportunity for public comment on, this action for the following reasons: The regulations implementing the 2006 Consolidated HMS FMP and amendments provide for inseason retention limit adjustments and fishery closures to respond to the unpredictable nature of BFT availability on the fishing grounds, the migratory nature of this species, and the regional variations in the BFT fishery. These fisheries are currently underway and the quota for E:\FR\FM\03APR1.SGM 03APR1

Agencies

[Federal Register Volume 82, Number 62 (Monday, April 3, 2017)]
[Rules and Regulations]
[Pages 16127-16136]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2017-06220]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Railroad Administration

49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 
223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 234, 235, 236, 
237, 238, 239, 240, 241, 242, 243, 244, 270, and 272

[Docket No. FRA-2016-0021; Notice No. 2]
RIN 2130-AC65


Implementation of the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act for a Violation of a Federal Railroad 
Safety Law, Federal Railroad Administration Safety Regulation or Order, 
or the Hazardous Material Transportation Laws or Regulations, Orders, 
Special Permits, and Approvals Issued Under Those Laws

AGENCY: Federal Railroad Administration (FRA), Department of 
Transportation (DOT).

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: To comply with the Federal Civil Penalties Inflation 
Adjustment Act of 1990, as amended by the Federal Civil Penalties 
Inflation Adjustment Act Improvements Act of 2015, FRA is adjusting the 
minimum, maximum, and aggravated maximum penalties it will apply when 
assessing a civil penalty for a violation of a railroad safety statute, 
regulation, or order under its authority. FRA is also adjusting the 
minimum penalty, ordinary maximum penalty, and aggravated maximum 
penalty that it will apply when assessing a civil monetary penalty for 
a knowing violation of the Federal hazardous material transportation 
laws or a regulation, special permit, order, or approval issued under 
those laws. The aggravated maximum penalty under the hazardous material 
transportation laws is available only for a violation that results in 
death, serious illness, or severe injury to any person or substantial 
destruction of property.

DATES: This final rule is effective April 3, 2017.

FOR FURTHER INFORMATION CONTACT: Veronica Chittim, Trial Attorney, 
Office of Chief Counsel, FRA, 1200 New Jersey Avenue SE., Mail Stop 10, 
Washington, DC 20590 (telephone 202-493-0273), 
veronica.chittim@dot.gov.

SUPPLEMENTARY INFORMATION: On November 2, 2015, President Barack Obama 
signed the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015 (the 2015 Inflation Act). Public Law 114-74, 
sec. 701. This amended the Federal Civil Penalties Inflation Adjustment 
Act of 1990 (Inflation Act) that required each agency to (1) adjust by 
regulation each maximum civil monetary penalty (CMP), or range of 
minimum and maximum CMPs, within that agency's jurisdiction by October 
23, 1996, and (2) adjust those penalty amounts once every four years 
thereafter, to reflect inflation. See Public Law 101-410, 104 Stat. 
890, 28 U.S.C. 2461, note, as amended by sec. 31001(s)(1) of the Debt 
Collection Improvement Act of 1996, Public Law 104-134, April 26, 1996, 
110 Stat. 1321-373. Under the 2015 Inflation Act, agencies must make 
annual inflation adjustments, starting January 15, 2017, based on 
Office of Management and Budget (OMB) guidance.
    In the 2015 Inflation Act, Congress recognized the important role 
CMPs play in deterring violations of Federal laws, regulations, and 
orders and determined that inflation has diminished the impact of these 
penalties. In the Inflation Act, Congress countered the effect that 
inflation has had on the CMPs by having the agencies charged with 
enforcement responsibility administratively adjust the CMPs.
    FRA is authorized as the delegate of the Secretary of 
Transportation (Secretary) to enforce the Federal railroad safety 
statutes, regulations, and orders, including the civil penalty 
provisions codified primarily at 49 U.S.C. ch. 213. See 49 U.S.C. 103 
and 49 CFR 1.89; 49 U.S.C. chs. 201-213. FRA currently has safety 
regulations in 34 parts of the CFR that contain

[[Page 16128]]

provisions establishing the agency's authority to impose civil 
penalties if a person violates any requirement in the pertinent portion 
of a statute or the CFR. In this final rule, FRA is amending each of 
the separate regulatory provisions and the corresponding footnotes in 
each Schedule of Civil Penalties appended to those regulations to raise 
the minimum CMP to $853, ordinary maximum CMP to $27,904, and 
aggravated maximum CMP to $111,616. Where applicable, FRA is also 
amending the corresponding appendices to those regulatory provisions 
which outline FRA enforcement policy. See 49 CFR part 209, app. A; 49 
CFR part 228, app. A.
    FRA is also publishing this final rule under 49 U.S.C. 5123 and 
5124, which authorize civil and criminal penalties for violations of 
the Federal hazardous material transportation laws or a regulation, 
order, special permit, or approval issued under those laws. The 
Pipeline and Hazardous Materials Safety Administration (PHMSA) issues 
the hazardous material transportation regulations. 49 CFR 1.96(b)(1). 
However, FRA is authorized, as the Secretary's delegate, to enforce the 
hazardous material statutes, regulations and orders, including the 
civil penalty provisions codified primarily at 49 U.S.C. 5123. 49 CFR 
1.89(j). In this final rule, FRA amends all references to the minimum 
and maximum civil penalties in 49 CFR part 209, app. B, to raise the 
minimum CMP for hazardous materials training violations \1\ from $463 
to $471; the ordinary maximum CMP per violation from $77,114 to 
$78,376; and the aggravated maximum CMP from $179,933 to $182,877.
---------------------------------------------------------------------------

    \1\ There is no minimum CMP for other hazardous materials 
violations not related to training. See Moving Ahead for Progress in 
the 21st Century Act, Public Law 112-141, July 6, 2012, sec. 33010; 
78 FR 9845, Feb. 12, 2013.
---------------------------------------------------------------------------

Description of the Adjustment Calculation

    The 2015 Inflation Act requires FRA to calculate the inflation 
adjustment by increasing the maximum CMP, or the range of minimum and 
maximum CMPs, based on the Consumer Price Index for the month of 
October 2016, not seasonally adjusted. OMB guidance, M-17-11, 
``Implementation of the 2017 annual adjustment pursuant to the Federal 
Civil Penalties Inflation Adjustment Act Improvements Act of 2015,'' 
dated Dec. 16, 2016, states that after applying the multiplier of 
1.01636, FRA must round the penalty levels to the nearest dollar.\2\
---------------------------------------------------------------------------

    \2\ Available at https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf. See also Public Law 114-74, sec. 
701.
---------------------------------------------------------------------------

    As the following calculations show, after calculating the inflation 
adjustment, FRA determined the minimum CMP for rail safety violations 
should increase to $853; the ordinary maximum CMP should increase to 
$27,904; and the aggravated maximum CMP should increase to $111,616. 
FRA also determined the minimum CMP for hazardous materials training 
violations should increase to $471; the ordinary maximum CMP per 
hazardous material violation should increase to $78,376; and the 
aggravated maximum CMP per hazardous material violation should increase 
to $182,877.

Calculations To Determine CMP Updates for 2017

1. Minimum Rail Safety CMP of $839 Raised to $853

    FRA evaluated the minimum rail safety CMP as the 2015 Inflation Act 
requires. Based on the following calculations, FRA concluded it should 
increase from $839 to $853. The 2016 multiplier of 1.01636 times $839 
equals $852.73, or $853 rounded to the nearest dollar. The inflation 
adjusted minimum penalty is $853, and applies to all the rail safety 
statutes, regulations, and orders. This new FRA minimum penalty will 
apply to penalties assessed on or after January 15, 2017.

2. Ordinary Maximum Rail Safety CMP of $27,455 Raised to $27,904

    FRA evaluated the ordinary maximum rail safety CMP as the 2015 
Inflation Act requires. Based on the following calculations, FRA 
determined it should increase from $27,455 to $27,904. The 2016 
multiplier of 1.01636 times $27,455 equals $27,904.16, or $27,904 
rounded to the nearest dollar. The inflation adjusted ordinary maximum 
penalty is $27,904, and applies to all the rail safety statutes, 
regulations, and orders. This new FRA ordinary maximum penalty will 
apply to penalties assessed on or after January 15, 2017.

3. Aggravated Maximum Rail Safety CMP of $109,819 Raised to $111,616

    FRA also evaluated the maximum CMP for an aggravated rail safety 
violation and determined it should increase from $109,819 to $111,616, 
as the following calculations show. The 2016 multiplier of 1.01636 
times $109,819 equals $111,615.64, or $111,616 rounded to the nearest 
dollar. The inflation adjusted aggravated maximum penalty is $111,616, 
and applies to all the rail safety statutes, regulations, and orders. 
This new FRA aggravated maximum penalty will apply to penalties 
assessed on or after January 15, 2017.

4. Minimum CMP of $463 for Hazardous Materials Training Violations 
Raised to $471

    FRA evaluated the minimum CMP for hazardous materials training 
violations and determined it should increase from $463 to $471 as the 
following calculations show. The 2016 multiplier of 1.01636 times $463 
equals $470.57, or $471 rounded to the nearest dollar. The inflation 
adjusted minimum penalty for hazardous materials training violations is 
$471, and applies to all violations of the hazardous materials 
statutes, regulations, special permits, approvals, and orders related 
to training. This new FRA minimum penalty for training violations will 
apply to penalties assessed on or after January 15, 2017.

5. Ordinary Maximum Hazardous Materials CMP of $77,114 Raised to 
$78,376

    FRA evaluated the ordinary maximum hazardous materials CMP as the 
2015 Inflation Act requires. Based on the following calculations, FRA 
determined it should increase from $77,114 to $78,376. The 2016 
multiplier of 1.01636 times $77,114 equals $78,375.59, or $78,376 
rounded to the nearest dollar. The inflation adjusted ordinary maximum 
penalty is $78,376, and applies to all violations of the hazardous 
materials transportation statutes, regulations, special permits, 
approvals, and orders. This new FRA ordinary maximum penalty will apply 
to penalties assessed on or after January 15, 2017.

6. Aggravated Maximum Hazardous Materials CMP of $179,933 Raised to 
$182,877

    FRA also evaluated the maximum hazardous materials CMP for an 
aggravated violation and determined, based on the following 
calculations, it should increase from $179,933 to $182,877. The 2016 
multiplier of 1.01636 times $179,933 equals $182,876.70, or $182,877 
rounded to the nearest dollar. The inflation adjusted aggravated 
maximum penalty is $182,877, and applies to all violations of the 
hazardous materials transportation statutes, regulations, special 
permits, approvals, and orders. This new FRA aggravated maximum penalty 
will apply to penalties assessed on or after January 15, 2017.

Public Participation

    FRA is proceeding to a final rule without a notice of proposed 
rulemaking or an opportunity for public

[[Page 16129]]

comment. The adjustments the 2015 Inflation Act requires are 
ministerial acts over which FRA has no discretion, making public 
comment unnecessary. As such, notice and comment procedures are 
``impracticable, unnecessary, or contrary to the public interest'' 
under the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(3)(B). 
FRA is issuing these amendments as a final rule applicable to all 
future rail safety and hazardous materials transportation civil penalty 
cases under its authority to cite for violations that occur on or after 
the effective date of this final rule.

Regulatory Impact

A. Executive Orders 12866 and 13563 and DOT Regulatory Policies and 
Procedures

    FRA evaluated this final rule consistent with Executive Order 12866 
(Regulatory Planning and Review), Executive Order 13563 (Improving 
Regulation and Regulatory Review), and DOT policies and procedures. In 
this final rule, FRA solely implements the annual inflation adjustment 
following the guidance in OMB memorandum M-17-11. As such, OMB has 
determined that agency regulations like this final rule are not 
considered a significant regulatory action under section 3(f) of 
Executive Order 12866. Further, this rule is not significant under the 
Regulatory Policies and Procedures of the Department of Transportation 
(44 FR 11034, Feb. 26, 1979) because it is limited to ministerial acts 
over which the agency has no discretion, and the economic impact of the 
final rule is minimal to the extent that preparation of a regulatory 
evaluation is not warranted.

B. Regulatory Flexibility Act and Executive Order 13272

    The Regulatory Flexibility Act of 1980 (RFA), Public Law 96-354, as 
amended, and codified as amended at 5 U.S.C. 601-612, and Executive 
Order 13272 (Proper Consideration of Small Entities in Agency 
Rulemaking), require agency review of proposed and final rules to 
assess their impact on ``small entities'' for purposes of the RFA. An 
agency must prepare a regulatory flexibility analysis unless it 
determines and certifies that a rule is not expected to have a 
significant economic impact on a substantial number of small entities. 
FRA does not expect this final rule will have a significant economic 
impact on a substantial number of small entities. Although this final 
rule will apply to railroads, hazardous materials shippers, and others 
that are considered small entities, there is no economic impact on any 
person who complies with the Federal railroad safety laws and the 
regulations and orders issued under those laws, and the Federal 
hazardous materials laws and the regulations, special permits, 
approvals, and orders issued under those laws.
    In addition, FRA has determined the RFA does not apply to this 
rulemaking. The 2015 Inflation Act requires FRA to make annual 
adjustments and does not require FRA to publish an NPRM or provide for 
notice and comment under the APA. The Small Business Administration's A 
Guide for Government Agencies: How to Comply with the Regulatory 
Flexibility Act (2003), provides that:

    If, under the APA or any rule of general applicability governing 
federal grants to state and local governments, the agency is 
required to publish a general notice of proposed rulemaking (NPRM), 
the RFA must be considered [citing 5 U.S.C. 604(a)] . . . . If an 
NPRM is not required, the RFA does not apply.

Therefore, because the 2015 Inflation Act does not require an NPRM for 
this rulemaking, the RFA does not apply.

C. Federalism

    This final rule will not have a substantial effect on the States, 
on the relationship between the national government and the States, or 
the distribution of power and responsibilities among the various levels 
of government. Thus, consistent with Executive Order 13132 
(Federalism), FRA is not required to prepare a Federalism assessment.

D. Paperwork Reduction Act

    There are no new information collection requirements in this final 
rule to submit for OMB review under the Paperwork Reduction Act of 1995 
(44 U.S.C. 3501 et seq.).

E. Unfunded Mandates Reform Act of 1995

    This final rule will not result in the expenditure, in the 
aggregate, of $156,000,000 or more in any one year by State, local, or 
Indian Tribal governments, or the private sector. Thus, consistent with 
Section 202 of the Unfunded Mandates Reform Act of 1995 (Pub. L. 104-4, 
2 U.S.C. 1532), FRA is not required to prepare a written statement 
detailing the effect of such an expenditure.

F. Environmental Impact

    FRA has evaluated this final rule under the National Environmental 
Policy Act (NEPA; 42 U.S.C. 4321 et seq.), other environmental 
statutes, related regulatory requirements, and its ``Procedures for 
Considering Environmental Impacts'' (FRA's NEPA Procedures) (64 FR 
28545, May 26, 1999). FRA has determined that this final rule is 
categorically excluded from detailed environmental review pursuant to 
section 4(c)(20) of FRA's NEPA Procedures, ``Promulgation of railroad 
safety rules and policy statements that do not result in significantly 
increased emissions of air or water pollutants or noise or increased 
traffic congestion in any mode of transportation.'' See 64 FR 28547, 
May 26, 1999. Categorical exclusions (CEs) are actions identified in an 
agency's NEPA implementing procedures that do not normally have a 
significant impact on the environment and therefore do not require 
either an environmental assessment (EA) or environmental impact 
statement (EIS). See 40 CFR 1508.4.
    In analyzing the applicability of a CE, the agency must also 
consider whether extraordinary circumstances warrant a more detailed 
environmental review through the preparation of an EA or EIS. See id. 
The purpose of this rulemaking is to comply with the Inflation Act, as 
amended by the 2015 Inflation Act. Specifically, FRA is adjusting the 
minimum, maximum, and aggravated maximum penalty that it will apply 
when assessing a civil penalty for a violation of a railroad safety 
statute, regulation, or order under its authority. FRA is also 
adjusting the minimum, maximum, and aggravated maximum penalty that it 
will apply when assessing a civil penalty for a violation of a Federal 
hazardous materials law, regulation, special permit, approval, or 
order. Under section 4(c) and (e) of FRA's NEPA Procedures, FRA has 
concluded no extraordinary circumstances exist with respect to this 
regulation that might trigger the need for a more detailed 
environmental review.
    FRA does not anticipate any environmental impacts from this 
requirement and finds there are no extraordinary circumstances present 
in connection with this final rule.

G. Executive Order 12898 (Environmental Justice)

    Executive Order 12898, Federal Actions to Address Environmental 
Justice in Minority Populations and Low-Income Populations, and DOT 
Order 5610.2(a) (91 FR 27534, May 10, 2012) require DOT agencies to 
achieve environmental justice as part of their mission by identifying 
and addressing, as appropriate, disproportionately high and adverse 
human health or environmental effects, including interrelated social 
and economic effects,

[[Page 16130]]

of their programs, policies, and activities on minority populations and 
low-income populations. The DOT Order instructs DOT agencies to address 
compliance with Executive Order 12898 and requirements within the DOT 
Order in rulemaking activities, as appropriate. FRA has evaluated this 
final rule under Executive Order 12898 and the DOT Order and has 
determined that it would not cause disproportionately high and adverse 
human health and environmental effects on minority populations or low-
income populations.

H. Executive Order 13175 (Tribal Consultation)

    FRA has evaluated this final rule under the principles and criteria 
contained in Executive Order 13175, Consultation and Coordination with 
Indian Tribal Governments, dated November 6, 2000. The final rule would 
not have a substantial direct effect on one or more Indian tribes, 
would not impose substantial direct compliance costs on Indian tribal 
governments, and would not preempt tribal laws. Therefore, the funding 
and consultation requirements of Executive Order 13175 do not apply, 
and FRA is not required to prepare a tribal summary impact statement.

List of Subjects

49 CFR Part 209

    Administrative practice and procedure, Hazardous materials 
transportation, Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 213

    Bridges, Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 214

    Bridges, Occupational safety and health, Penalties, Railroad 
safety, Reporting and recordkeeping requirements.

49 CFR Part 215

    Freight, Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 216

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 217

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 218

    Occupational safety and health, Penalties, Railroad employees, 
Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 219

    Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad 
safety, Reporting and recordkeeping requirements, Safety, 
Transportation.

49 CFR Part 220

    Penalties, Radio, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 221

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 222

    Administrative practice and procedure, Penalties, Railroad safety, 
Reporting and recordkeeping requirements.

49 CFR Part 223

    Glazing standards, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 224

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 225

    Investigations, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 227

    Noise control, Occupational safety and health, Penalties, Railroad 
safety, Reporting and recordkeeping requirements.

49 CFR Part 228

    Penalties, Railroad employees, Reporting and recordkeeping 
requirements.

49 CFR Part 229

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 230

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 231

    Penalties, Railroad safety.

49 CFR Part 232

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 233

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 234

    Highway safety, Penalties, Railroad safety, Reporting and 
recordkeeping requirements, State and local governments.

49 CFR Part 235

    Administrative practice and procedure, Penalties, Railroad safety, 
Railroad signals, Reporting and recordkeeping requirements.

49 CFR Part 236

    Penalties, Positive train control, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 237

    Bridges, Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 238

    Fire prevention, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 239

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 240

    Administrative practice and procedure, Penalties, Railroad 
employees, Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 241

    Communications, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 242

    Administrative practice and procedure, Penalties, Railroad 
employees, Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 243

    Administrative practice and procedure, Penalties, Railroad 
employees, Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 244

    Administrative practice and procedure, Penalties, Railroad safety, 
Reporting and recordkeeping requirements.

49 CFR Part 270

    Penalties; Railroad safety; Reporting and recordkeeping 
requirements; and System safety.

49 CFR Part 272

    Penalties, Railroad employees, Railroad safety, Railroads, Safety, 
Transportation.

The Final Rule

    In consideration of the foregoing, parts 209, 213, 214, 215, 216, 
217, 218,

[[Page 16131]]

219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 232, 233, 
234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 270, and 272 of 
subtitle B, chapter II of title 49 of the Code of Federal Regulations 
are amended as follows:

PART 209--[AMENDED]

0
1. The authority citation for part 209 continues to read as follows:

    Authority:  49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 
20114; 28 U.S.C. 2461, note; and 49 CFR 1.89.


0
2. Revise Sec.  209.103(a) and (c) to read as follows:


Sec.  209.103  Minimum and maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal 
hazardous materials transportation laws, an order issued thereunder, 
subchapter A or C of chapter I, subtitle B, of this title, or a special 
permit or approval issued under subchapter A or C of chapter I, 
subtitle B, of this title is liable for a civil penalty of not more 
than $78,376 for each violation, except that--
    (1) The maximum civil penalty for a violation is $182,877 if the 
violation results in death, serious illness, or severe injury to any 
person, or substantial destruction of property and
    (2) A minimum $471 civil penalty applies to a violation related to 
training.
* * * * *
    (c) The maximum and minimum civil penalties described in paragraph 
(a) of this section apply to violations occurring on or after April 3, 
2017.

0
3. Revise the last sentence of Sec.  209.105(c) to read as follows:


Sec.  209.105  Notice of probable violation.

    (c) * * * In an amended notice, FRA may change the civil penalty 
amount proposed to be assessed up to and including the maximum penalty 
amount of $78,376 for each violation, except that if the violation 
results in death, serious illness or severe injury to any person, or 
substantial destruction of property, FRA may change the penalty amount 
proposed to be assessed up to and including the maximum penalty amount 
of $182,877.


Sec.  209.409   [Amended]

0
4. Amend Sec.  209.409 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

0
5. In appendix A to part 209, amend the section ``Penalty Schedules; 
Assessment of Maximum Penalties'' by:
0
a. Adding a sentence to the end of the sixth paragraph;
0
b. Revising the third sentence of the seventh paragraph; and
0
c. Revising the first sentence of the tenth paragraph.
    The revisions and additions read as follows:

Appendix A to Part 209--Statement of Agency Policy Concerning 
Enforcement of the Federal Railroad Safety Laws

* * * * *

Penalty Schedules; Assessment of Maximum Penalties

* * * * *
    * * * Under the 2015 Inflation Act, effective April 3, 2017, the 
minimum civil monetary penalty was raised from $839 to $853, the 
ordinary maximum civil monetary penalty was raised from $27,455 to 
$27,904, and the aggravated maximum civil monetary penalty was 
raised from $109,819 to $111,616.
    * * * For each regulation or order, the schedule shows two 
amounts within the $853 to $27,904 range in separate columns, the 
first for ordinary violations, the second for willful violations 
(whether committed by railroads or individuals). * * *
* * * * *
    Accordingly, under each of the schedules (ordinarily in a 
footnote), and regardless of the fact that a lesser amount might be 
shown in both columns of the schedule, FRA reserves the right to 
assess the statutory maximum penalty of up to $111,616 per violation 
where a pattern of repeated violations or a grossly negligent 
violation has created an imminent hazard of death or injury or has 
caused death or injury. * * *
* * * * *

0
6. Amend appendix B to part 209 as follows:
0
a. In the introductory text, revise the second sentence of the first 
paragraph, the last sentence of the second paragraph, and the fifth 
sentence of the third paragraph; and
0
b. In the table ``CIVIL PENALTY ASSESSMENT GUIDELINES'':
0
i. Revise footnote 1;
0
ii. Under the heading ``PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR 
SHIPMENTS AND PACKAGES,'' revise the entry for ``173.24(b)(1) and 
173.24(b)(2) and 173.24(f)(1) and 173.24(f)(1)(ii)'' and the 
introductory text for entry ``173.24(c)''; and
0
iii. Revise footnote 2.
    The revisions read as follows:

Appendix B to Part 209--Federal Railroad Administration Guidelines for 
Initial Hazardous Materials Assessments

    * * * The guideline penalty amounts reflect the best judgment of 
the FRA Office of Railroad Safety (RRS) and of the Safety Law 
Division of the Office of Chief Counsel (RCC) on the relative 
severity of the various violations routinely encountered by FRA 
inspectors on a scale of amounts up to the maximum $78,376 penalty, 
except the maximum civil penalty is $182,877 if the violation 
results in death, serious illness or severe injury to any person, or 
substantial destruction of property, and a minimum $471 penalty 
applies to a violation related to training. * * *
    * * * When a violation of the Federal hazardous material 
transportation law, an order issued thereunder, the Hazardous 
Materials Regulations or a special permit, approval, or order issued 
under those regulations results in death, serious illness or severe 
injury to any person, or substantial destruction of property, a 
maximum penalty of at least $78,376 and up to and including $182,877 
shall always be assessed initially.
    * * * In fact, FRA reserves the express authority to amend the 
NOPV to seek a penalty of up to $78,376 for each violation, and up 
to $182,877 for any violation resulting in death, serious illness or 
severe injury to any person, or substantial destruction of property, 
at any time prior to issuance of an order. * * *

CIVIL PENALTY ASSESSMENT GUIDELINES

* * * * *
    \1\ Any person who violates an emergency order issued under the 
authority of 49 U.S.C. Ch. 201 is subject to a civil penalty of at 
least $853 and not more than $27,904 per violation, except that 
where a grossly negligent violation or a pattern of repeated 
violations has created an imminent hazard of death or injury to 
persons, or has caused a death or injury, a penalty not to exceed 
$111,616 per violation may be assessed. Each day that the violation 
continues is a separate offense. 49 U.S.C. 21301; 28 U.S.C. 2461, 
note.

[[Page 16132]]



------------------------------------------------------------------------
                                                             Guideline
         49 CFR section                Description          amount \2\
------------------------------------------------------------------------
 
                              * * * * * * *
------------------------------------------------------------------------
   PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGES
------------------------------------------------------------------------
 
                              * * * * * * *
173.24(b)(1) and 173.24(b)(2)    Securing closures: These subsections
 and.                             are the general ``no leak'' standard
                                  for all packagings. Sec. 173.24(b)
                                  deals primarily with packaging as a
                                  whole, while Sec.   173.24(f) focuses
                                  on closures. Use Sec.   173.31(d) for
                                  tank cars, when possible.
173.24(f)(1) and                 Cite the sections accordingly, using
 173.24(f)(1)(ii).                both the leak/non-leak criteria and
                                  the package size considerations to
                                  reach the appropriate penalty. Any
                                  actual leak will aggravate the
                                  guideline by, typically, 50%; a leak
                                  with contact with a human being will
                                  aggravate by at least 100%, up to the
                                  maximum of $78,376, and up to $182,877
                                  if the violation results in death,
                                  serious illness or injury or
                                  substantial destruction of property.
                                  For intermodal (IM) portable tanks and
                                  other tanks of that size range, use
                                  the tank car penalty amounts, as
                                  stated in Sec.   173.31.
                                ----------------------------------------
                                 --Small bottle or box..           1,000
                                 --55-gallon drum.......           2,500
                                 --Larger container,               5,000
                                  e.g., IBC; not
                                  portable tank or tank
                                  car.
                                ----------------------------------------
                                 --IM portable tank, cite Sec.
                                  173.24(f) and use the penalty amounts
                                  for tank cars: Residue, generally,
                                  Sec.   173.29(a) and, loaded, Sec.
                                  173.31(d).
                                ----------------------------------------
                                 --Residue adhering to             5,000
                                  outside of package
                                  (i.e., portable tanks,
                                  tank cars, etc.).
------------------------------------------------------------------------
173.24(c)......................  Use of package not meeting
                                  specifications, including required
                                  stencils and markings. The most
                                  specific section for the package
                                  involved should be cited (see below).
                                  The penalty guideline should be
                                  adjusted for the size of the
                                  container. Any actual leak will
                                  aggravate the guideline by, typically,
                                  50%; a leak with contact with a human
                                  being will aggravate by at least 100%,
                                  up to the maximum of $78,376, and up
                                  to $182,877 if the violation results
                                  in death, serious illness or injury or
                                  substantial destruction of property.
 
                              * *.......................
------------------------------------------------------------------------
\2\ A person who knowingly violates the hazardous material
  transportation law or a regulation, order, special permit, or approval
  issued thereunder, is subject to a civil penalty of up to $78,376 for
  each violation, except that the maximum civil penalty for a violation
  is $182,877 if the violation results in death, serious illness, or
  severe injury to any person or substantial destruction of property;
  and a minimum $471 civil penalty applies to a violation related to
  training. Each day that the violation continues is a separate offense.
  49 U.S.C. 5123; 28 U.S.C. 2461, note.

PART 213--[AMENDED]

0
7. The authority citation for part 213 continues to read as follows:

    Authority:  49 U.S.C. 20102-20114 and 20142; Sec. 403, Div. A, 
Public Law 110-432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49 CFR 
1.89.


Sec.  213.15   [Amended]

0
8. In Sec.  213.15, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 214--[AMENDED]

0
9. The authority citation for part 214 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 21301, 31304, 28 U.S.C. 
2461, note; and 49 CFR 1.89.


Sec.  214.5   [Amended]

0
10. Amend Sec.  214.5 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 215--[AMENDED]

0
11. The authority citation for part 215 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.89.


Sec.  215.7   [Amended]

0
12. Amend Sec.  215.7 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

Appendix B to Part 215--[Amended]

0
13. In appendix B to part 215, footnote 1, remove the numerical amount 
``$27,455'' and add in its place the numerical amount ``$27,904''.

PART 216--[AMENDED]

0
14. The authority citation for part 216 continues to read as follows:

    Authority:  49 U.S.C. 20102-20104, 20107, 20111, 20133, 20701-
20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  216.7   [Amended]

0
15. Amend Sec.  216.7 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

[[Page 16133]]

PART 217--[AMENDED]

0
16. The authority citation for part 217 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.89.


Sec.  217.5   [Amended]

0
17. Amend Sec.  217.5 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 218--[AMENDED]

0
18. The authority citation for part 218 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.89.


Sec.  218.9   [Amended]

0
19. Amend Sec.  218.9 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 219--[AMENDED]

0
20. The authority citation for part 219 continues to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20107, 20140, 21301, 21304, 
21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  219.9   [Amended]

0
21. In Sec.  219.9, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 220--[AMENDED]

0
22. The authority citation for part 220 continues to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20103, note, 20107, 21301-
21302, 20701-20703, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 
1.89.


Sec.  220.7   [Amended]

0
23. Amend Sec.  220.7 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 221--[AMENDED]

0
24. The authority citation for part 221 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.89.


Sec.  221.7   [Amended]

0
25. Amend Sec.  221.7 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 222--[AMENDED]

0
26. The authority citation for part 222 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 
U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  222.11   [Amended]

0
27. Amend Sec.  222.11 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 223--[AMENDED]

0
28. The authority citation for part 223 continues to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20133, 20701-20702, 21301-
21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  223.7   [Amended]

0
29. Amend Sec.  223.7 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 224--[AMENDED]

0
30. The authority citation for part 224 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C. 
2461, note; and 49 CFR 1.89.


Sec.  224.11   [Amended]

0
31. In Sec.  224.11, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 225--[AMENDED]

0
32. The authority citation for part 225 continues to read as follows:

    Authority:  49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902, 
21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  225.29   [Amended]

0
33. Amend Sec.  225.29 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 227--[AMENDED]

0
34. The authority citation for part 227 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20103, note, 20701-20702; 28 U.S.C. 
2461, note; and 49 CFR 1.89.


Sec.  227.9   [Amended]

0
35. In Sec.  227.9, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 228--[AMENDED]

0
36. The authority citation for part 228 continues to read as follows:

    Authority: 49 U.S.C. 103, 20103, 20107, 21101-21109; Sec. 108, 
Div. A, Public Law 110-432, 122 Stat. 4860-4866, 4893-4894; 49 
U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 
1.89.

[[Page 16134]]

Sec.  228.6  [Amended]

0
37. In Sec.  228.6, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

0
38. In appendix A to part 228, below the heading ``GENERAL 
PROVISIONS,'' amend the ``Penalty'' paragraph by adding a sentence at 
the end of the paragraph to read as follows:

Appendix A to Part 228--Requirements of the Hours of Service Act: 
Statement of Agency Policy and Interpretation

* * * * *

GENERAL PROVISIONS

* * * * *
    Penalty. * * * Under the 2015 Inflation Act, effective April 3, 
2017, the minimum civil monetary penalty was raised from $839 to 
$853, the ordinary maximum civil monetary penalty was raised from 
$27,455 to $27,904, and the aggravated maximum civil monetary 
penalty was raised from $109,819 to $111,616.
* * * * *

PART 229--[AMENDED]

0
39. The authority citation for part 229 continues to read as follows:

    Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301, 
21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  229.7  [Amended]

0
40. In Sec.  229.7, amend paragraph (b) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

Appendix B to Part 229--[Amended]

0
41. In appendix B to part 229, footnote 1, remove the numerical amount 
``$27,455'' and add in its place the numerical amount ``$27,904''.

PART 230--[AMENDED]

0
42. The authority citation for part 230 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461, note; 
and 49 CFR 1.89.


Sec.  230.4  [Amended]

0
43. In Sec.  230.4, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 231--[AMENDED]

0
44. The authority citation for part 231 continues to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 20131, 20301-20303, 
21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  231.0  [Amended]

0
45. In Sec.  231.0, amend paragraph (f) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 232--[AMENDED]

0
46. The authority citation for part 232 continues to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301-
20303, 20306, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 
1.89.


Sec.  232.11  [Amended]

0
47. In Sec.  232.11, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

Appendix A to Part 232--[Amended]

0
48. In appendix A to part 232, footnote 1, remove the numerical amount 
``$27,455'' and add in its place the numerical amount ``$27,904''.

PART 233--[AMENDED]

0
49. The authority citation for part 233 continues to read as follows:

    Authority: 49 U.S.C. 504, 522, 20103, 20107, 20501-20505, 21301, 
21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  233.11  [Amended]

0
50. Amend Sec.  233.11 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 234--[AMENDED]

0
51. The authority citation for part 234 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304, 
21311, 22501 note; Pub. L. 110-432, Div. A., Sec. 202, 28 U.S.C. 
2461, note; and 49 CFR 1.89.


Sec.  234.6  [Amended]

0
52. In Sec.  234.6, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 235--[AMENDED]

0
53. The authority citation for part 235 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.89.


Sec.  235.9  [Amended]

0
54. Amend Sec.  235.9 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 236--[AMENDED]

0
55. The authority citation for part 236 continues to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20157, 
20301-20303, 20306, 20501-20505, 20701-20703, 21301-21302, 21304; 28 
U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  236.0  [Amended]

0
56. In Sec.  236.0, amend paragraph (f) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';

[[Page 16135]]

0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 237--[AMENDED]

0
57. The authority citation for part 237 continues to read as follows:

    Authority: 49 U.S.C. 20102-20114; Public Law 110-432, Div. A, 
Sec. 417; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  237.7  [Amended]

0
58. In Sec.  237.7, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 238--[AMENDED]

0
59. The authority citation for part 238 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 
20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 
CFR 1.89.


Sec.  238.11  [Amended]

0
60. In Sec.  238.11, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

Appendix A to Part 238--[Amended]

0
61. In appendix A to part 238, footnote 1, remove the numerical amount 
``$27,455'' and add in its place the numerical amount ``$27,904''.

PART 239--[AMENDED]

0
62. The authority citation for part 239 continues to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20105-20114, 20133, 21301, 
21304, and 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  239.11  [Amended]

0
63. Amend Sec.  239.11 as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 240--[AMENDED]

0
64. The authority citation for part 240 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 
28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  240.11  [Amended]

0
65. In Sec.  240.11, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 241--[AMENDED]

0
66. The authority citation for part 241 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 
U.S.C. 2461, note; 49 CFR 1.89.


Sec.  241.15  [Amended]

0
67. In Sec.  241.15, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 242--[AMENDED]

0
68. The authority citation for part 242 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163, 
21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  242.11  [Amended]

0
69. In Sec.  242.11, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 243--[AMENDED]

0
70. The authority citation for part 243 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20131-20155, 20162, 20301-
20306, 20701-20702, 21301-21304, 21311; 28 U.S.C. 2461, note; and 49 
CFR 1.89.


Sec.  243.7  [Amended]

0
71. In Sec.  243.7, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$869'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 244--[AMENDED]

0
72. The authority citation for part 244 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559; 
28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  244.5  [Amended]

0
73. In Sec.  244.5, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

PART 270--[AMENDED]

0
74. The authority citation for part 270 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20106-20107, 20118-20119, 20156, 
21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  270.7  [Amended]

0
75. In Sec.  270.7, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

0
76. In appendix A to part 270, footnote 1 is revised to read as 
follows:

Appendix A to Part 270--Schedule of Civil Penalties

* * * * *

[[Page 16136]]

    \1\ A penalty may be assessed against an individual only for a 
willful violation. The Administrator reserves the right to assess a 
penalty of up to the statutory maximum for any violation where 
circumstances warrant. See 49 CFR part 209, appendix A.

PART 272--[AMENDED]

0
77. The authority citation for part 272 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20109, note; 28 U.S.C. 2461, 
note; 49 CFR 1.89; and sec. 410, Div. A, Pub. L. 110-432, 122 Stat. 
4888.


Sec.  272.11  [Amended]

0
78. In Sec.  272.11, amend paragraph (a) as follows:
0
a. Remove the numerical amount ``$839'' and add in its place the 
numerical amount ``$853'';
0
b. Remove the numerical amount ``$27,455'' and add in its place the 
numerical amount ``$27,904''; and
0
c. Remove the numerical amount ``$109,819'' and add in its place the 
numerical amount ``$111,616''.

Patrick Warren,
Acting Administrator.
[FR Doc. 2017-06220 Filed 3-31-17; 8:45 am]
BILLING CODE 4910-06-P