Civil Monetary Penalties-2020 Adjustment, 838-840 [2020-00089]
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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) * * *
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*
*
16:05 Jan 07, 2020
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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
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[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]
■
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(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:
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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)
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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.
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Congress has not, however, authorized federal
agencies to adjust statutorily prescribed criminal
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$7,987
$8,128
penalty provisions for inflation, and this rule does
not address those provisions.
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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]
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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
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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.
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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://
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]]>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)
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Adjusted Adjusted
U.S. code citation Civil monetary penalty description penalty amount penalty amount
2019 2020
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Rail Carrier Civil Penalties
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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.
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Motor and Water Carrier Civil Penalties
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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
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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
