Civil Monetary Penalties-2020 Adjustment, 838-840 [2020-00089]

Download as PDF 838 Federal Register / Vol. 85, No. 5 / Wednesday, January 8, 2020 / Rules and Regulations paragraph (d) of § 43.01 requires that paragraph (b) of § 43.01 be amended to remove the cross-reference to the deleted paragraph (d). In addition, § 20.15(b)(1) of the rules (47 CFR 20.15(b)(1)) contains references to §§ 1.7001 and 43.11 (47 CFR 1.7001, 43.11) that are inconsistent with the Commission’s recent amendment of § 1.7001 and its repeal of § 43.11. Accordingly, this Order removes § 43.01(d), revises §§ 20.15(b)(1) and 43.01(b) for conformity with these rule amendments, and corrects an error in § 1.7001(a)(2)(iv). These changes should not be construed to change any substantive requirements. List of Subjects 47 CFR Part 1 Administrative practice and procedure, Broadband, Reporting and recordkeeping requirements, Telecommunications. PART 43—REPORTS OF COMMUNICATIONS COMMON CARRIERS, PROVIDERS OF INTERNATIONAL SERVICES AND CERTAIN AFFILIATES 5. The authority citation for part 43 continues to read as follows: ■ Authority: 47 U.S.C. 35–39, 154, 211, 219, 220; sec. 402(b)(2)(B), (c), Pub. L. 104–104, 110 Stat. 129. 47 CFR Part 20 6. In § 43.01, revise paragraph (b) and remove paragraph (d) to read as follows: Commercial mobile services, Reporting and recordkeeping requirements. ■ 47 CFR Part 43 * § 43.01 Communications common carriers, Reporting and recordkeeping requirements. Accordingly, 47 CFR parts 1, 20, and 43 are revised by making the following correcting amendments: PART 1—PRACTICE AND PROCEDURE Applicability. * * * * (b) Except as provided in paragraph (c) of this section, carriers becoming subject to the provisions of the several sections of this part for the first time, shall, within thirty (30) days of becoming subject, file the required data as set forth in the various sections of this part. * * * * * 1. The authority citation for part 1 continues to read as follows: Federal Communications Commission. Marlene Dortch, Secretary. Authority: 47 U.S.C. chs. 2, 5, 9, 13; 28 U.S.C. 2461 note, unless otherwise noted. [FR Doc. 2019–27644 Filed 1–7–20; 8:45 am] ■ § 1.7001 BILLING CODE 6712–01–P 2. In § 1.7001(a)(2)(iv), remove the words ‘‘Wireless service’’ and add, in its place, the words ‘‘Wireless spectrum’’. 4. In § 20.15, revise the first sentence of paragraph (b)(1) to read as follows: ■ § 20.15 Requirements under Title II of the Communications Act. * * (b) * * * VerDate Sep<11>2014 * * 16:05 Jan 07, 2020 Jkt 250001 Federal Communications Commission. ACTION: Final rule, correction. AGENCY: Authority: 47 U.S.C. 151, 152(a) 154(i), 157, 160, 201, 214, 222, 251(e), 301, 302, 303, 303(b), 303(r), 307, 307(a), 309, 309(j)(3), 316, 316(a), 332, 610, 615, 615a, 615b, 615c, unless otherwise noted. SUMMARY: This document corrects errors in the SUPPLEMENTARY INFORMATION portion of a Federal Register document reviewing performance measures for recipients of Connect America Fund high-cost universal services support to ensure that those standards strike the right balance between ensuring effective use of universal service funds while PO 00000 Frm 00014 Fmt 4700 [FR Doc. 2019–28182 Filed 1–7–20; 8:45 am] BILLING CODE 6712–01–P SURFACE TRANSPORTATION BOARD 49 CFR Part 1022 Civil Monetary Penalties—2020 Adjustment ACTION: Connect America Fund; Correction 3. The authority citation for part 20 continues to read as follows: Federal Communications Commission. Cecilia Sigmund, Federal Register Liaison Officer. Surface Transportation Board. Final rule. AGENCY: [WC Docket No. 10–90; FCC 19–104] ■ * FEDERAL COMMUNICATIONS COMMISSION 47 CFR Part 54 PART 20—COMMERCIAL MOBILE SERVICES granting the flexibility providers need given the practicalities of network deployment in varied circumstances. The summary was published in the Federal Register on December 9, 2019. DATES: Effective January 8, 2020. FOR FURTHER INFORMATION CONTACT: Suzanne Yelen, Wireline Competition Bureau, (202) 418–7400. SUPPLEMENTARY INFORMATION: This summary contains corrections to the SUPPLEMENTARY INFORMATION portion of a Federal Register summary, 84 FR 67220 (December 9, 2019). The full text of the Commission’s Order on Reconsideration in WC Docket No. 10– 90; FCC 19–104, released on October 31, 2019 is available for public inspection during regular business hours in the FCC Reference Center, Room CY–A257, 445 12th Street SW, Washington, DC 20554. In Final rule FR Doc. 2019–26448, published December 9, 2019 (84 FR 67220), make the following correction: ■ 1. On page 67235, in the first column, in the third, fourth, fifth and sixth lines, the text ‘‘except for paragraphs 15, 16, 19, 22, 23, 26, 31 through 38, 43 through 49, 52, 53, 64 and 75 through 91’’ is corrected to read ‘‘except for paragraphs 8, 9, 12, 15, 16, 19, 24 through 31, 37 through 42, 45, 46, 57, and 68 through 84.’’ [Docket No. EP 716 (Sub-No. 5)] [Amended] ■ jbell on DSKJLSW7X2PROD with RULES (1) File with the Commission copies of contracts entered into with other carriers or comply with other reporting requirements, or with §§ 1.781 through 1.814 and 43.21 of this chapter; except that commercial radio service providers that are facilities-based providers of broadband service or facilities-based providers of mobile telephony service, as described in § 1.7001(b)(1) and (3) of this chapter, are required to file reports pursuant to §§ 1.7000–1.7002 of this chapter. * * * * * * * * Sfmt 4700 The Surface Transportation Board (Board) is issuing a final rule to implement the annual inflationary adjustment to its civil monetary penalties, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: This final rule is effective January 8, 2020. FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe at (202) 245–0376. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: SUMMARY: E:\FR\FM\08JAR1.SGM 08JAR1 839 Federal Register / Vol. 85, No. 5 / Wednesday, January 8, 2020 / Rules and Regulations I. Background The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), enacted as part of the Bipartisan Budget Act of 2015, Public Law 114–74, section 701, 129 Stat. 584, 599–601, requires agencies to adjust their civil penalties for inflation annually, beginning on July 1, 2016, and no later than January 15 of every year thereafter. In accordance with the 2015 Act, annual inflation adjustments are to be based on the percent change between the Consumer Price Index for all Urban Consumers (CPI–U) for October of the previous year and the October CPI–U of the year before that. Penalty level adjustments should be rounded to the nearest dollar. II. Discussion The statutory definition of civil monetary penalty covers various civil penalty provisions under the Rail (Part A); Motor Carriers, Water Carriers, Brokers, and Freight Forwarders (Part B); and Pipeline Carriers (Part C) provisions of the Interstate Commerce Act, as amended. The Board’s civil (and criminal) penalty authority related to rail transportation appears at 49 U.S.C. 11901–11908. The Board’s penalty authority related to motor carriers, water carriers, brokers, and freight forwarders appears at 49 U.S.C. 14901–14916. The Board’s penalty authority related to pipeline carriers appears at 49 U.S.C. 16101–16106.1 The Board has regulations at 49 CFR part 1022 that codify the method set forth in the 2015 Act for annually adjusting for inflation the civil monetary penalties within the Board’s jurisdiction. As set forth in this final rule, the Board is amending 49 CFR part 1022 to make an annual inflation adjustment to the civil monetary penalties in conformance with the requirements of the 2015 Act. The adjusted penalties set forth in the rule will apply only to violations that occur after the effective date of this regulation. In accordance with the 2015 Act, the annual adjustment adopted here is calculated by multiplying each current penalty by the cost-of-living adjustment factor of 1.01764, which reflects the percentage change between the October 2019 CPI–U (257.346) and the October 2018 CPI–U (252.885). The table at the end of this decision shows the statutory citation for each civil penalty, a description of the provision, the adjusted statutory civil penalty level for 2019, and the adjusted statutory civil penalty level for 2020. Information and Regulatory Affairs has designated this rule as a non-major rule, as defined by 5 U.S.C. 804(2). III. Final Rule The final rule set forth at the end of this decision is being issued without notice and comment pursuant to the rulemaking provision of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), which does not require that process ‘‘when the agency for good cause finds’’ that public notice and comment are ‘‘unnecessary.’’ Here, Congress has mandated that the agency make an annual inflation adjustment to its civil monetary penalties. The Board has no discretion to set alternative levels of adjusted civil monetary penalties, because the amount of the inflation adjustment must be calculated in accordance with the statutory formula. Given the absence of discretion, the Board has determined that there is good cause to promulgate this rule without soliciting public comment and to make this regulation effective immediately upon publication. List of Subjects in 49 CFR Part 1022 IV. Regulatory Flexibility Statement The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601–612, generally requires an agency to prepare a regulatory flexibility analysis of any rule subject to notice and comment rulemaking requirements, unless the agency certifies that the rule will not have a significant economic impact on a substantial number of small entities. Because the Board has determined that notice and comment are not required under the APA for this rulemaking, the requirements of the RFA do not apply. V. Congressional Review Act Pursuant to the Congressional Review Act, 5 U.S.C. 801–808, the Office of VI. Paperwork Reduction Act This final rule does not contain a new or amended information collection requirement subject to the Paperwork Reduction Act of 1995, 44 U.S.C. 3501– 3521. Administrative practice and procedures, Brokers, Civil penalties, Freight forwarders, Motor carriers, Pipeline carriers, Rail carriers, Water carriers. It is ordered: 1. The Board amends its rules as set forth in this decision. Notice of the final rule will be published in the Federal Register. 2. This decision is effective on its date of publication in the Federal Register. Decided: January 2, 2020. By the Board, Board Members Begeman, Fuchs, and Oberman. Kenyatta Clay, Clearance Clerk. For the reasons set forth in the preamble, part 1022 of title 49, chapter X, of the Code of Federal Regulations is amended as follows: PART 1022—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT 1. The authority citation for part 1022 continues to read as follows: ■ Authority: 5 U.S.C. 551–557; 28 U.S.C. 2461 note; 49 U.S.C. 11901, 14901, 14903, 14904, 14905, 14906, 14907, 14908, 14910, 14915, 14916, 16101, 16103. 2. Revise § 1022.4(b) to read as follows: ■ § 1022.4 Cost-of-living adjustments of civil monetary penalties. * * * * * (b) The cost-of-living adjustment required by the statute results in the following adjustments to the civil monetary penalties within the jurisdiction of the Board: TABLE 1 TO PARAGRAPH (b) jbell on DSKJLSW7X2PROD with RULES U.S. code citation Adjusted penalty amount 2019 Civil monetary penalty description Adjusted penalty amount 2020 Rail Carrier Civil Penalties 49 U.S.C. 11901(a) ......................................... Unless otherwise specified, maximum penalty for each knowing violation under this part, and for each day. 1 The Board also has various criminal penalty authority, enforceable in a federal criminal court. VerDate Sep<11>2014 16:05 Jan 07, 2020 Jkt 250001 Congress has not, however, authorized federal agencies to adjust statutorily prescribed criminal PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 $7,987 $8,128 penalty provisions for inflation, and this rule does not address those provisions. E:\FR\FM\08JAR1.SGM 08JAR1 840 Federal Register / Vol. 85, No. 5 / Wednesday, January 8, 2020 / Rules and Regulations TABLE 1 TO PARAGRAPH (b)—Continued U.S. code citation Adjusted penalty amount 2019 Civil monetary penalty description 49 49 49 49 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 11901(b) ......................................... 11901(b) ......................................... 11901(c) .......................................... 11901(d) ......................................... 11901(d) ......................................... 11901(e)(1), (4) .............................. 11901(e)(2), (4) .............................. 11901(e)(3)–(4) ............................... For each violation under Section 11124(a)(2) or (b) .................................................. For each day violation continues. ............................................................................... Maximum penalty for each knowing violation under Sections 10901–10906 ............ For each violation under Section 11123 or 11124(a)(1) ............................................ For each day violation continues ................................................................................ For each violation under Sections 11141–11145, for each day ................................ For each violation under Section 11144(b)(1), for each day ..................................... For each violation of reporting requirements, for each day ....................................... 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. 14901(a) 14901(a) 14901(a) 14901(b) Minimum penalty for each violation and for each day ............................................... For each violation under Section 13901 or 13902(c) ................................................. For each violation related to transportation of passengers ........................................ For each violation of the hazardous waste rules under Section 3001 of the Solid Waste Disposal Act. Minimum penalty for each violation of household good regulations, and for each day. Minimum penalty for each instance of transportation of household goods if broker provides estimate without carrier agreement. Minimum penalty for each instance of transportation of household goods without being registered. Minimum penalty for each violation of a transportation rule ...................................... Minimum penalty for each additional violation ........................................................... Maximum penalty for undercharge or overcharge of tariff rate, for each violation .... For first violation, rebates at less than the rate in effect ............................................ For all subsequent violations ...................................................................................... Maximum penalty for first violation for undercharges by freight forwarders .............. Maximum penalty for subsequent violations .............................................................. Maximum penalty for other first violations under Section 13702 ............................... Maximum penalty for subsequent violations .............................................................. Maximum penalty for each knowing violation of Section 14103(a), and knowingly authorizing, consenting to, or permitting a violation of Section 14103(a) or (b). Minimum penalty for first attempt to evade regulation ............................................... Minimum amount for each subsequent attempt to evade regulation ......................... Maximum penalty for recordkeeping/reporting violations ........................................... Maximum penalty for violation of Section 14908(a)(1). .............................................. When another civil penalty is not specified under this part, for each violation, for each day. Minimum penalty for holding a household goods shipment hostage, for each day .. Maximum penalty for each violation under Section 14916(a) by knowingly authorizing, consenting to, or permitting unlawful brokerage activities. Adjusted penalty amount 2020 799 41 7,987 159–799 80 799 159 159 813 42 8,128 162–813 81 813 162 162 1,093 10,932 27,331 21,865–43,730 1,112 11,125 27,813 22,251–44,501 1,597 1,625 15,976 16,258 39,936 40,640 3,195 7,987 159,750 319 400 799 3,195 799 3,195 15,976 3,251 8,128 162,568 325 407 813 3,251 813 3,251 16,258 2,187 5,466 7,987 3,195 799 2,226 5,562 8,128 3,251 813 12,695 10,932 12,919 11,125 7,987 799 159 159 1,597 8,128 813 162 162 1,625 Motor and Water Carrier Civil Penalties ......................................... ......................................... ......................................... ......................................... 49 U.S.C. 14901(d)(1) ..................................... 49 U.S.C. 14901(d)(2) ..................................... 49 U.S.C. 14901(d)(3) ..................................... 49 49 49 49 49 49 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 14901(e) ......................................... 14901(e) ......................................... 14903(a) ......................................... 14904(a) ......................................... 14904(a) ......................................... 14904(b)(1) ..................................... 14904(b)(1) ..................................... 14904(b)(2) ..................................... 14904(b)(2) ..................................... 14905(a) ......................................... 49 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 14906 .............................................. 14906 .............................................. 14907 .............................................. 14908(a)(2) ..................................... 14910 .............................................. 49 U.S.C. 14915(a)(1)–(2) ............................... 49 U.S.C. 14916(c)(1) ..................................... Pipeline Carrier Civil Penalties 49 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 16101(a) ......................................... 16101(b)(1), (4) .............................. 16101(b)(2), (4) .............................. 16101(b)(3)–(4) ............................... 16103(a) ......................................... Maximum penalty for violation of this part, for each day ........................................... For each recordkeeping violation under Section 15722, each day ............................ For each inspection violation liable under Section 15722, each day ......................... For each reporting violation under Section 15723, each day .................................... Maximum penalty for improper disclosure of information .......................................... Atmospheric Administration (NOAA), Commerce. [FR Doc. 2020–00089 Filed 1–7–20; 8:45 am] BILLING CODE 4915–01–P ACTION: DEPARTMENT OF COMMERCE 50 CFR Parts 300, 600, and 679 [Docket No.: 191219–0121] jbell on DSKJLSW7X2PROD with RULES RIN 0648–BI65 Fisheries of the Exclusive Economic Zone off Alaska; Authorize the Retention of Halibut in Pot Gear in the BSAI; Amendment 118 National Marine Fisheries Service (NMFS), National Oceanic and VerDate Sep<11>2014 16:05 Jan 07, 2020 Jkt 250001 NMFS issues a final rule that implements Amendment 118 to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (BSAI FMP) and a regulatory amendment that revises regulations on Vessel Monitoring System (VMS) requirements in the Bering Sea and Aleutian Islands (BSAI) and Gulf of Alaska (GOA). This final rule is necessary to improve efficiency and provide economic benefits for the Individual Fishing Quota (IFQ) and Community Development Quota (CDQ) fleets, minimize whale depredation and SUMMARY: National Oceanic and Atmospheric Administration AGENCY: Final rule. PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 seabird interactions in the IFQ and CDQ fisheries, and reduce the risk of exceeding an overfishing limit for any species. This final rule is intended to promote the goals and objectives of the Magnuson-Stevens Fishery Conservation and Management Act (Magnuson-Stevens Act), the Northern Pacific Halibut Act of 1982 (Halibut Act), the BSAI FMP, and other applicable laws. DATES: This rule is effective on February 7, 2020. ADDRESSES: Electronic copies of the Environmental Assessment and the Regulatory Impact Review (collectively referred to as the ‘‘Analysis’’) and the Finding of No Significant Impact prepared for this final rule may be obtained from https:// E:\FR\FM\08JAR1.SGM 08JAR1

Agencies

[Federal Register Volume 85, Number 5 (Wednesday, January 8, 2020)]
[Rules and Regulations]
[Pages 838-840]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-00089]


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SURFACE TRANSPORTATION BOARD

49 CFR Part 1022

[Docket No. EP 716 (Sub-No. 5)]


Civil Monetary Penalties--2020 Adjustment

AGENCY: Surface Transportation Board.

ACTION: Final rule.

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

SUMMARY: The Surface Transportation Board (Board) is issuing a final 
rule to implement the annual inflationary adjustment to its civil 
monetary penalties, pursuant to the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015.

DATES: This final rule is effective January 8, 2020.

FOR FURTHER INFORMATION CONTACT: Nathaniel Bawcombe at (202) 245-0376. 
Assistance for the hearing impaired is available through the Federal 
Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION: 

[[Page 839]]

I. Background

    The Federal Civil Penalties Inflation Adjustment Act Improvements 
Act of 2015 (2015 Act), enacted as part of the Bipartisan Budget Act of 
2015, Public Law 114-74, section 701, 129 Stat. 584, 599-601, requires 
agencies to adjust their civil penalties for inflation annually, 
beginning on July 1, 2016, and no later than January 15 of every year 
thereafter. In accordance with the 2015 Act, annual inflation 
adjustments are to be based on the percent change between the Consumer 
Price Index for all Urban Consumers (CPI-U) for October of the previous 
year and the October CPI-U of the year before that. Penalty level 
adjustments should be rounded to the nearest dollar.

II. Discussion

    The statutory definition of civil monetary penalty covers various 
civil penalty provisions under the Rail (Part A); Motor Carriers, Water 
Carriers, Brokers, and Freight Forwarders (Part B); and Pipeline 
Carriers (Part C) provisions of the Interstate Commerce Act, as 
amended. The Board's civil (and criminal) penalty authority related to 
rail transportation appears at 49 U.S.C. 11901-11908. The Board's 
penalty authority related to motor carriers, water carriers, brokers, 
and freight forwarders appears at 49 U.S.C. 14901-14916. The Board's 
penalty authority related to pipeline carriers appears at 49 U.S.C. 
16101-16106.\1\ The Board has regulations at 49 CFR part 1022 that 
codify the method set forth in the 2015 Act for annually adjusting for 
inflation the civil monetary penalties within the Board's jurisdiction.
---------------------------------------------------------------------------

    \1\ The Board also has various criminal penalty authority, 
enforceable in a federal criminal court. Congress has not, however, 
authorized federal agencies to adjust statutorily prescribed 
criminal penalty provisions for inflation, and this rule does not 
address those provisions.
---------------------------------------------------------------------------

    As set forth in this final rule, the Board is amending 49 CFR part 
1022 to make an annual inflation adjustment to the civil monetary 
penalties in conformance with the requirements of the 2015 Act. The 
adjusted penalties set forth in the rule will apply only to violations 
that occur after the effective date of this regulation.
    In accordance with the 2015 Act, the annual adjustment adopted here 
is calculated by multiplying each current penalty by the cost-of-living 
adjustment factor of 1.01764, which reflects the percentage change 
between the October 2019 CPI-U (257.346) and the October 2018 CPI-U 
(252.885). The table at the end of this decision shows the statutory 
citation for each civil penalty, a description of the provision, the 
adjusted statutory civil penalty level for 2019, and the adjusted 
statutory civil penalty level for 2020.

III. Final Rule

    The final rule set forth at the end of this decision is being 
issued without notice and comment pursuant to the rulemaking provision 
of the Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), which 
does not require that process ``when the agency for good cause finds'' 
that public notice and comment are ``unnecessary.'' Here, Congress has 
mandated that the agency make an annual inflation adjustment to its 
civil monetary penalties. The Board has no discretion to set 
alternative levels of adjusted civil monetary penalties, because the 
amount of the inflation adjustment must be calculated in accordance 
with the statutory formula. Given the absence of discretion, the Board 
has determined that there is good cause to promulgate this rule without 
soliciting public comment and to make this regulation effective 
immediately upon publication.

IV. Regulatory Flexibility Statement

    The Regulatory Flexibility Act (RFA), as amended by the Small 
Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 601-612, 
generally requires an agency to prepare a regulatory flexibility 
analysis of any rule subject to notice and comment rulemaking 
requirements, unless the agency certifies that the rule will not have a 
significant economic impact on a substantial number of small entities. 
Because the Board has determined that notice and comment are not 
required under the APA for this rulemaking, the requirements of the RFA 
do not apply.

V. Congressional Review Act

    Pursuant to the Congressional Review Act, 5 U.S.C. 801-808, the 
Office of Information and Regulatory Affairs has designated this rule 
as a non-major rule, as defined by 5 U.S.C. 804(2).

VI. Paperwork Reduction Act

    This final rule does not contain a new or amended information 
collection requirement subject to the Paperwork Reduction Act of 1995, 
44 U.S.C. 3501-3521.

List of Subjects in 49 CFR Part 1022

    Administrative practice and procedures, Brokers, Civil penalties, 
Freight forwarders, Motor carriers, Pipeline carriers, Rail carriers, 
Water carriers.

    It is ordered:
    1. The Board amends its rules as set forth in this decision. Notice 
of the final rule will be published in the Federal Register.
    2. This decision is effective on its date of publication in the 
Federal Register.

    Decided: January 2, 2020.

    By the Board, Board Members Begeman, Fuchs, and Oberman.
Kenyatta Clay,
Clearance Clerk.
    For the reasons set forth in the preamble, part 1022 of title 49, 
chapter X, of the Code of Federal Regulations is amended as follows:

PART 1022--CIVIL MONETARY PENALTY INFLATION ADJUSTMENT

0
1. The authority citation for part 1022 continues to read as follows:

    Authority: 5 U.S.C. 551-557; 28 U.S.C. 2461 note; 49 U.S.C. 
11901, 14901, 14903, 14904, 14905, 14906, 14907, 14908, 14910, 
14915, 14916, 16101, 16103.


0
2. Revise Sec.  1022.4(b) to read as follows:


Sec.  1022.4   Cost-of-living adjustments of civil monetary penalties.

* * * * *
    (b) The cost-of-living adjustment required by the statute results 
in the following adjustments to the civil monetary penalties within the 
jurisdiction of the Board:

                                            Table 1 to Paragraph (b)
----------------------------------------------------------------------------------------------------------------
                                                                                     Adjusted        Adjusted
             U.S. code citation               Civil monetary penalty description  penalty amount  penalty amount
                                                                                       2019            2020
----------------------------------------------------------------------------------------------------------------
                                          Rail Carrier Civil Penalties
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 11901(a).........................  Unless otherwise specified, maximum          $7,987          $8,128
                                              penalty for each knowing violation
                                              under this part, and for each day.

[[Page 840]]

 
49 U.S.C. 11901(b).........................  For each violation under Section                799             813
                                              11124(a)(2) or (b).
49 U.S.C. 11901(b).........................  For each day violation continues...              41              42
49 U.S.C. 11901(c).........................  Maximum penalty for each knowing              7,987           8,128
                                              violation under Sections 10901-
                                              10906.
49 U.S.C. 11901(d).........................  For each violation under Section            159-799         162-813
                                              11123 or 11124(a)(1).
49 U.S.C. 11901(d).........................  For each day violation continues...              80              81
49 U.S.C. 11901(e)(1), (4).................  For each violation under Sections               799             813
                                              11141-11145, for each day.
49 U.S.C. 11901(e)(2), (4).................  For each violation under Section                159             162
                                              11144(b)(1), for each day.
49 U.S.C. 11901(e)(3)-(4)..................  For each violation of reporting                 159             162
                                              requirements, for each day.
----------------------------------------------------------------------------------------------------------------
                                     Motor and Water Carrier Civil Penalties
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 14901(a).........................  Minimum penalty for each violation            1,093           1,112
                                              and for each day.
49 U.S.C. 14901(a).........................  For each violation under Section             10,932          11,125
                                              13901 or 13902(c).
49 U.S.C. 14901(a).........................  For each violation related to                27,331          27,813
                                              transportation of passengers.
49 U.S.C. 14901(b).........................  For each violation of the hazardous   21,865-43,730   22,251-44,501
                                              waste rules under Section 3001 of
                                              the Solid Waste Disposal Act.
49 U.S.C. 14901(d)(1)......................  Minimum penalty for each violation            1,597           1,625
                                              of household good regulations, and
                                              for each day.
49 U.S.C. 14901(d)(2)......................  Minimum penalty for each instance            15,976          16,258
                                              of transportation of household
                                              goods if broker provides estimate
                                              without carrier agreement.
49 U.S.C. 14901(d)(3)......................  Minimum penalty for each instance            39,936          40,640
                                              of transportation of household
                                              goods without being registered.
49 U.S.C. 14901(e).........................  Minimum penalty for each violation            3,195           3,251
                                              of a transportation rule.
49 U.S.C. 14901(e).........................  Minimum penalty for each additional           7,987           8,128
                                              violation.
49 U.S.C. 14903(a).........................  Maximum penalty for undercharge or          159,750         162,568
                                              overcharge of tariff rate, for
                                              each violation.
49 U.S.C. 14904(a).........................  For first violation, rebates at                 319             325
                                              less than the rate in effect.
49 U.S.C. 14904(a).........................  For all subsequent violations......             400             407
49 U.S.C. 14904(b)(1)......................  Maximum penalty for first violation             799             813
                                              for undercharges by freight
                                              forwarders.
49 U.S.C. 14904(b)(1)......................  Maximum penalty for subsequent                3,195           3,251
                                              violations.
49 U.S.C. 14904(b)(2)......................  Maximum penalty for other first                 799             813
                                              violations under Section 13702.
49 U.S.C. 14904(b)(2)......................  Maximum penalty for subsequent                3,195           3,251
                                              violations.
49 U.S.C. 14905(a).........................  Maximum penalty for each knowing             15,976          16,258
                                              violation of Section 14103(a), and
                                              knowingly authorizing, consenting
                                              to, or permitting a violation of
                                              Section 14103(a) or (b).
49 U.S.C. 14906............................  Minimum penalty for first attempt             2,187           2,226
                                              to evade regulation.
49 U.S.C. 14906............................  Minimum amount for each subsequent            5,466           5,562
                                              attempt to evade regulation.
49 U.S.C. 14907............................  Maximum penalty for recordkeeping/            7,987           8,128
                                              reporting violations.
49 U.S.C. 14908(a)(2)......................  Maximum penalty for violation of              3,195           3,251
                                              Section 14908(a)(1)..
49 U.S.C. 14910............................  When another civil penalty is not               799             813
                                              specified under this part, for
                                              each violation, for each day.
49 U.S.C. 14915(a)(1)-(2)..................  Minimum penalty for holding a                12,695          12,919
                                              household goods shipment hostage,
                                              for each day.
49 U.S.C. 14916(c)(1)......................  Maximum penalty for each violation           10,932          11,125
                                              under Section 14916(a) by
                                              knowingly authorizing, consenting
                                              to, or permitting unlawful
                                              brokerage activities.
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                                        Pipeline Carrier Civil Penalties
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 16101(a).........................  Maximum penalty for violation of              7,987           8,128
                                              this part, for each day.
49 U.S.C. 16101(b)(1), (4).................  For each recordkeeping violation                799             813
                                              under Section 15722, each day.
49 U.S.C. 16101(b)(2), (4).................  For each inspection violation                   159             162
                                              liable under Section 15722, each
                                              day.
49 U.S.C. 16101(b)(3)-(4)..................  For each reporting violation under              159             162
                                              Section 15723, each day.
49 U.S.C. 16103(a).........................  Maximum penalty for improper                  1,597           1,625
                                              disclosure of information.
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[FR Doc. 2020-00089 Filed 1-7-20; 8:45 am]
 BILLING CODE 4915-01-P