Civil Monetary Penalties-2021 Adjustment, 3026-3028 [2021-00755]

Download as PDF 3026 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations is appropriate. This statement constitutes the Agency’s ‘‘finding of no significant impact,’’ and an environmental impact statement will not be prepared.86 NHTSA will review comments regarding applying the adjustment beginning in model year 2023 as appropriate. 6. Executive Order 12778 (Civil Justice Reform) This rule does not have a preemptive or retroactive effect—specifically, it modifies a regulation to avoid having a retroactive effect. Judicial review of a rule based on this interim final rule may be obtained pursuant to 5 U.S.C. 702. 7. Paperwork Reduction Act In accordance with the Paperwork Reduction Act of 1980, NHTSA states that there are no requirements for information collection associated with this rulemaking action. 8. Privacy Act Please note that anyone is able to search the electronic form of all comments received into any of DOT’s dockets by the name of the individual submitting the comment (or signing the comment, if submitted on behalf of an association, business, labor union, etc.). You may review DOT’s complete Privacy Act Statement in the Federal Register published on April 11, 2000 (65 FR 19477), or you may visit http:// dms.dot.gov. khammond on DSKJM1Z7X2PROD with RULES 9. Congressional Review Act Pursuant to the Congressional Review Act (5 U.S.C. 801 et seq.), the Office of Information and Regulatory Affairs designated this action as a ‘‘major rule,’’ as defined by 5 U.S.C. 804(2). For the reasons explained above, NHTSA finds that notice and public comment are impracticable, unnecessary, and contrary to the public interest. NHTSA will submit a rule report to each House of the Congress and to the Comptroller General of the United States. 59, 119 Stat. 1144; Pub. L. 114–74, 129 Stat. 584; Pub. L. 114–94, 129 Stat. 1312; 49 U.S.C. 30165, 30170, 30505, 32308, 32309, 32507, 32709, 32710, 32902, 32912, and 33115; delegation of authority at 49 CFR 1.81, 1.95. 2. Amend § 578.6 by revising paragraph (h) to read as follows: ■ § 578.6 Civil penalties for violations of specified provisions of Title 49 of the United States Code. * * * * * (h) Automobile fuel economy. (1) A person that violates 49 U.S.C. 32911(a) is liable to the United States Government for a civil penalty of not more than $43,280 for each violation. A separate violation occurs for each day the violation continues. (2) Except as provided in 49 U.S.C. 32912(c), beginning with model year 2022, a manufacturer that violates a standard prescribed for a model year under 49 U.S.C. 32902 is liable to the United States Government for a civil penalty of $14, plus any adjustments for inflation that occurred or may occur (for model years before model year 2022), multiplied by each .1 of a mile a gallon by which the applicable average fuel economy standard under that section exceeds the average fuel economy— (i) Calculated under 49 U.S.C. 32904(a)(1)(A) or (B) for automobiles to which the standard applies manufactured by the manufacturer during the model year; (ii) Multiplied by the number of those automobiles; and (iii) Reduced by the credits available to the manufacturer under 49 U.S.C. 32903 for the model year. Note 1 to paragraph (h)(2): If the August 31, 2020 decision of the United States Court of Appeals for the Second Circuit in Case No. 19–2395 is vacated, 49 CFR 578.6(h)(2), revised October 1, 2019, would apply to all model years, instead of paragraph (h)(2) of this section. In such instance, NHTSA would amend this section in accordance with such vacatur. List of Subjects in 49 CFR Part 578 Imports, Motor vehicle safety, Motor vehicles, Penalties, Rubber and rubber products, Tires. In consideration of the foregoing, 49 CFR part 578 is amended as set forth below. Issued in Washington, DC, under authority delegated in 49 CFR 1.95, and 501.5. James Clayton Owens, Deputy Administrator. PART 578—CIVIL AND CRIMINAL PENALTIES SURFACE TRANSPORTATION BOARD [Docket No. EP 716 (Sub-No. 6)] Authority: Pub. L. 101–410, 104 Stat. 890; Pub. L. 104–134, 110 Stat. 1321; Pub. L. 109– 18:22 Jan 13, 2021 Civil Monetary Penalties—2021 Adjustment AGENCY: CFR 1501.6(a). VerDate Sep<11>2014 BILLING CODE 4910–59–P 49 CFR Part 1022 1. The authority citation for 49 CFR part 578 continues to read as follows: ■ 86 40 [FR Doc. 2021–00278 Filed 1–12–21; 11:15 am] Jkt 253001 PO 00000 Surface Transportation Board. Frm 00074 Fmt 4700 Sfmt 4700 ACTION: Final rule. 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 14, 2021. FOR FURTHER INFORMATION CONTACT: Sarah Fancher at (202) 245–0355. Assistance for the hearing impaired is available through the Federal Relay Service at (800) 877–8339. SUPPLEMENTARY INFORMATION: SUMMARY: 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, sec. 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 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. E:\FR\FM\14JAR1.SGM 14JAR1 3027 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 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 1.01182, which reflects the percentage change between the October 2020 CPI–U (260.388) and the October 2019 CPI–U (257.346). 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 2020, and the adjusted statutory civil penalty level for 2021. 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 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 January 14, 2021. Decided Date: January 11, 2021. By the Board, Board Members Begeman, Fuchs, Oberman, and Primus. Tammy Lowery, 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. Revise the authority citation for part 1022 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: ■ 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, § 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) U.S. code citation Civil monetary penalty description Adjusted penalty amount 2020 Adjusted penalty amount 2021 Rail Carrier Civil Penalties 49 U.S.C. 11901(a) ...................... 49 U.S.C. 11901(b) ...................... 49 U.S.C. 11901(b) ...................... 49 U.S.C. 11901(c) ...................... 49 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 11901(d) ...................... 11901(d) ...................... 11901(e)(1), (4) ........... 11901(e)(2), (4) ........... 11901(e)(3)–(4) ........... Unless otherwise specified, maximum penalty for each knowing violation under this part, and for each day. For each violation under § 11124(a)(2) or (b) ................................... For each day violation continues ...................................................... Maximum penalty for each knowing violation under §§ 10901– 10906. For each violation under §§ 11123 or 11124(a)(1) ........................... For each day violation continues ...................................................... For each violation under §§ 11141–11145, for each day ................. For each violation under § 11144(b)(1), for each day ...................... For each violation of reporting requirements, for each day ............. $8,128 $8,224 813 42 8,128 823 42 8,224 162–813 81 813 162 162 164–823 82 823 164 164 1,112 11,125 27,813 22,251–44,501 1,125 11,257 28,142 22,514–45,027 1,625 1,644 khammond on DSKJM1Z7X2PROD with RULES Motor and Water Carrier Civil Penalties 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. 14901(a) 14901(a) 14901(a) 14901(b) ...................... ...................... ...................... ...................... 49 U.S.C. 14901(d)(1) ................. VerDate Sep<11>2014 18:22 Jan 13, 2021 Minimum penalty for each violation and for each day ...................... For each violation under §§ 13901 or 13902(c) ................................ For each violation related to transportation of passengers .............. For each violation of the hazardous waste rules under § 3001 of the Solid Waste Disposal Act. Minimum penalty for each violation of household good regulations, and for each day. Jkt 253001 PO 00000 Frm 00075 Fmt 4700 Sfmt 4700 E:\FR\FM\14JAR1.SGM 14JAR1 3028 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations TABLE 1 TO PARAGRAPH (b)—Continued Adjusted penalty amount 2020 U.S. code citation Civil monetary penalty description 49 U.S.C. 14901(d)(2) ................. 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 § 13702 ................ Maximum penalty for subsequent violations ..................................... Maximum penalty for each knowing violation of § 14103(a), and knowingly authorizing, consenting to, or permitting a violation of § 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 § 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 knowing violation under § 14916(a) for unlawful brokerage activities. 49 U.S.C. 14901(d)(3) ................. 49 U.S.C. 14901(e) ...................... 49 U.S.C. 14901(e) ...................... 49 U.S.C. 14903(a) ...................... 49 U.S.C. 14904(a) ...................... 49 U.S.C. 14904(a) ...................... 49 U.S.C. 14904(b)(1) ................. 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. 14904(b)(1) ................. 14904(b)(2) ................. 14904(b)(2) ................. 14905(a) ...................... 49 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 14906 .......................... 14906 .......................... 14907 .......................... 14908(a)(2) ................. 14910 .......................... 49 U.S.C. 14915(a)(1)–(2) ........... 49 U.S.C. 14916(c)(1) .................. Adjusted penalty amount 2021 16,258 16,450 40,640 41,120 3,251 8,128 162,568 3,289 8,224 164,490 325 407 813 329 412 823 3,251 813 3,251 16,258 3,289 823 3,289 16,450 2,226 5,562 8,128 3,251 813 2,252 5,628 8,224 3,289 823 12,919 13,072 11,125 11,257 8,128 813 162 162 1,625 8,224 823 164 164 1,644 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 § 15722, each day ............ For each inspection violation liable under § 15722, each day ......... For each reporting violation under § 15723, each day ..................... Maximum penalty for improper disclosure of information ................. [FR Doc. 2021–00755 Filed 1–13–21; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 229 [Docket No. 210108–0005] RIN 0648–BJ72 List of Fisheries for 2021 National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Final rule. khammond on DSKJM1Z7X2PROD with RULES AGENCY: The National Marine Fisheries Service (NMFS) publishes its final List of Fisheries (LOF) for 2021, as required by the Marine Mammal Protection Act (MMPA). The LOF for 2021 reflects new information on interactions between commercial SUMMARY: VerDate Sep<11>2014 18:22 Jan 13, 2021 Jkt 253001 fisheries and marine mammals. NMFS must classify each commercial fishery on the LOF into one of three categories under the MMPA based upon the level of mortality and serious injury of marine mammals that occurs incidental to each fishery. The classification of a fishery on the LOF determines whether participants in that fishery are subject to certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan (TRP) requirements. DATES: The effective date of this final rule is February 16, 2021. ADDRESSES: Chief, Marine Mammal and Sea Turtle Conservation Division, Office of Protected Resources, NMFS, 1315 East-West Highway, Silver Spring, MD 20910. FOR FURTHER INFORMATION CONTACT: Jaclyn Taylor, Office of Protected Resources, 301–427–8402; Allison Rosner, Greater Atlantic Region, 978– 281–9328; Jessica Powell, Southeast Region, 727–824–5312; Dan Lawson, West Coast Region, 206–526–4740; Suzie Teerlink, Alaska Region, 907– PO 00000 Frm 00076 Fmt 4700 Sfmt 4700 586–7240; Diana Kramer, Pacific Islands Region, 808–725–5167. Individuals who use a telecommunications device for the hearing impaired may call the Federal Information Relay Service at 1–800– 877–8339 between 8 a.m. and 4 p.m. Eastern time, Monday through Friday, excluding Federal holidays. SUPPLEMENTARY INFORMATION: What is the List of Fisheries? Section 118 of the MMPA requires NMFS to place all U.S. commercial fisheries into one of three categories based on the level of incidental mortality and serious injury of marine mammals occurring in each fishery (16 U.S.C. 1387(c)(1)). The classification of a fishery on the LOF determines whether participants in that fishery may be required to comply with certain provisions of the MMPA, such as registration, observer coverage, and take reduction plan requirements. NMFS must reexamine the LOF annually, considering new information in the Marine Mammal Stock Assessment Reports (SARs) and other relevant E:\FR\FM\14JAR1.SGM 14JAR1

Agencies

[Federal Register Volume 86, Number 9 (Thursday, January 14, 2021)]
[Rules and Regulations]
[Pages 3026-3028]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2021-00755]


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

SURFACE TRANSPORTATION BOARD

49 CFR Part 1022

[Docket No. EP 716 (Sub-No. 6)]


Civil Monetary Penalties--2021 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 14, 2021.

FOR FURTHER INFORMATION CONTACT: Sarah Fancher at (202) 245-0355. 
Assistance for the hearing impaired is available through the Federal 
Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

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, sec. 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

[[Page 3027]]

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 1.01182, which reflects the percentage change 
between the October 2020 CPI-U (260.388) and the October 2019 CPI-U 
(257.346). 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 2020, and the adjusted 
statutory civil penalty level for 2021.

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 January 14, 2021.

    Decided Date: January 11, 2021.

    By the Board, Board Members Begeman, Fuchs, Oberman, and Primus.
Tammy Lowery,
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. Revise the authority citation for part 1022 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)
----------------------------------------------------------------------------------------------------------------
                                               Civil monetary penalty        Adjusted penalty   Adjusted penalty
           U.S. code citation                        description               amount 2020        amount 2021
----------------------------------------------------------------------------------------------------------------
                                          Rail Carrier Civil Penalties
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 11901(a)......................  Unless otherwise specified,                  $8,128             $8,224
                                           maximum penalty for each
                                           knowing violation under this
                                           part, and for each day.
49 U.S.C. 11901(b)......................  For each violation under Sec.                   813                823
                                           11124(a)(2) or (b).
49 U.S.C. 11901(b)......................  For each day violation continues                 42                 42
49 U.S.C. 11901(c)......................  Maximum penalty for each knowing              8,128              8,224
                                           violation under Sec.  Sec.
                                           10901-10906.
49 U.S.C. 11901(d)......................  For each violation under Sec.               162-813            164-823
                                           Sec.   11123 or 11124(a)(1).
49 U.S.C. 11901(d)......................  For each day violation continues                 81                 82
49 U.S.C. 11901(e)(1), (4)..............  For each violation under Sec.                   813                823
                                           Sec.   11141-11145, for each
                                           day.
49 U.S.C. 11901(e)(2), (4)..............  For each violation under Sec.                   162                164
                                           11144(b)(1), for each day.
49 U.S.C. 11901(e)(3)-(4)...............  For each violation of reporting                 162                164
                                           requirements, for each day.
----------------------------------------------------------------------------------------------------------------
                                     Motor and Water Carrier Civil Penalties
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 14901(a)......................  Minimum penalty for each                      1,112              1,125
                                           violation and for each day.
49 U.S.C. 14901(a)......................  For each violation under Sec.                11,125             11,257
                                           Sec.   13901 or 13902(c).
49 U.S.C. 14901(a)......................  For each violation related to                27,813             28,142
                                           transportation of passengers.
49 U.S.C. 14901(b)......................  For each violation of the             22,251-44,501      22,514-45,027
                                           hazardous waste rules under
                                           Sec.   3001 of the Solid Waste
                                           Disposal Act.
49 U.S.C. 14901(d)(1)...................  Minimum penalty for each                      1,625              1,644
                                           violation of household good
                                           regulations, and for each day.

[[Page 3028]]

 
49 U.S.C. 14901(d)(2)...................  Minimum penalty for each                     16,258             16,450
                                           instance of transportation of
                                           household goods if broker
                                           provides estimate without
                                           carrier agreement.
49 U.S.C. 14901(d)(3)...................  Minimum penalty for each                     40,640             41,120
                                           instance of transportation of
                                           household goods without being
                                           registered.
49 U.S.C. 14901(e)......................  Minimum penalty for each                      3,251              3,289
                                           violation of a transportation
                                           rule.
49 U.S.C. 14901(e)......................  Minimum penalty for each                      8,128              8,224
                                           additional violation.
49 U.S.C. 14903(a)......................  Maximum penalty for undercharge             162,568            164,490
                                           or overcharge of tariff rate,
                                           for each violation.
49 U.S.C. 14904(a)......................  For first violation, rebates at                 325                329
                                           less than the rate in effect.
49 U.S.C. 14904(a)......................  For all subsequent violations...                407                412
49 U.S.C. 14904(b)(1)...................  Maximum penalty for first                       813                823
                                           violation for undercharges by
                                           freight forwarders.
49 U.S.C. 14904(b)(1)...................  Maximum penalty for subsequent                3,251              3,289
                                           violations.
49 U.S.C. 14904(b)(2)...................  Maximum penalty for other first                 813                823
                                           violations under Sec.   13702.
49 U.S.C. 14904(b)(2)...................  Maximum penalty for subsequent                3,251              3,289
                                           violations.
49 U.S.C. 14905(a)......................  Maximum penalty for each knowing             16,258             16,450
                                           violation of Sec.   14103(a),
                                           and knowingly authorizing,
                                           consenting to, or permitting a
                                           violation of Sec.   14103(a) or
                                           (b).
49 U.S.C. 14906.........................  Minimum penalty for first                     2,226              2,252
                                           attempt to evade regulation.
49 U.S.C. 14906.........................  Minimum amount for each                       5,562              5,628
                                           subsequent attempt to evade
                                           regulation.
49 U.S.C. 14907.........................  Maximum penalty for                           8,128              8,224
                                           recordkeeping/reporting
                                           violations.
49 U.S.C. 14908(a)(2)...................  Maximum penalty for violation of              3,251              3,289
                                           Sec.   14908(a)(1).
49 U.S.C. 14910.........................  When another civil penalty is                   813                823
                                           not specified under this part,
                                           for each violation, for each
                                           day.
49 U.S.C. 14915(a)(1)-(2)...............  Minimum penalty for holding a                12,919             13,072
                                           household goods shipment
                                           hostage, for each day.
49 U.S.C. 14916(c)(1)...................  Maximum penalty for each knowing             11,125             11,257
                                           violation under Sec.   14916(a)
                                           for unlawful brokerage
                                           activities.
----------------------------------------------------------------------------------------------------------------
                                        Pipeline Carrier Civil Penalties
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 16101(a)......................  Maximum penalty for violation of              8,128              8,224
                                           this part, for each day.
49 U.S.C. 16101(b)(1), (4)..............  For each recordkeeping violation                813                823
                                           under Sec.   15722, each day.
49 U.S.C. 16101(b)(2), (4)..............  For each inspection violation                   162                164
                                           liable under Sec.   15722, each
                                           day.
49 U.S.C. 16101(b)(3)-(4)...............  For each reporting violation                    162                164
                                           under Sec.   15723, each day.
49 U.S.C. 16103(a)......................  Maximum penalty for improper                  1,625              1,644
                                           disclosure of information.
----------------------------------------------------------------------------------------------------------------

[FR Doc. 2021-00755 Filed 1-13-21; 8:45 am]
BILLING CODE 4915-01-P