Civil Monetary Penalties-2021 Adjustment, 3026-3028 [2021-00755]
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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 https://
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]
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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.
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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
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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.
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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
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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
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]]>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.
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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.
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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.
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[FR Doc. 2021-00755 Filed 1-13-21; 8:45 am]
BILLING CODE 4915-01-P
