Civil Monetary Penalties-2022 Adjustment, 2353-2355 [2022-00639]
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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
II. Discussion
PART 831—INVESTIGATION
PROCEDURES
1. The authority citation for part 831
continues to read as follows:
■
Authority: 49 U.S.C. 1113(f).
Section 831.15 also issued under Public
Law 101–410, 104 Stat. 890, amended by
Public Law 114–74, sec. 701, 129 Stat. 584
(28 U.S.C. 2461 note).
§ 831.15
[Amended]
2. Amend § 831.15 by removing the
dollar amount ‘‘$1,742’’ and add in its
place ‘‘$1,850’’.
■
Jennifer Homendy,
Chair.
[FR Doc. 2022–00726 Filed 1–13–22; 8:45 am]
BILLING CODE 7533–01–P
SURFACE TRANSPORTATION BOARD
49 CFR Part 1022
[Docket No. EP 716 (Sub-No. 7)]
Civil Monetary Penalties—2022
Adjustment
Surface Transportation Board.
Final rule.
AGENCY:
ACTION:
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, 2022.
FOR FURTHER INFORMATION CONTACT:
Amy Ziehm at (202) 245–0391.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION:
SUMMARY:
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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.
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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 pt. 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 1.06222, which reflects the
percentage change between the October
2021 CPI–U (276.589) and the October
2020 CPI–U (260.388). 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
2021, and the adjusted statutory civil
penalty level for 2022.
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
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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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 10, 2022.
By the Board, Board Members Fuchs,
Hedlund, Oberman, Primus, and Schultz.
Stefan Rice,
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:
■
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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
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)
U.S. code citation
2021—
penalty amount
2022—
adjusted penalty
amount
EP 716_6
(2021)
EP 716_7
(2022)
Civil monetary penalty description
Rail Carrier
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 .............
$8,224
$8,736
823
42
8,224
874
45
8,736
164–823
82
823
164
164
174–874
87
874
174
174
1,125
11,257
28,142
22,514–45,027
1,195
11,957
29,893
23,915–47,829
1,644
1,746
16,450
17,473
41,120
43,678
3,289
8,224
164,490
3,494
8,736
174,724
329
412
823
349
438
874
3,289
823
3,289
16,450
3,494
874
3,494
17,473
2,252
5,628
8,224
3,289
823
2,392
5,978
8,736
3,494
874
13,072
13,885
11,257
11,957
8,224
823
164
164
1,644
8,736
874
174
174
1,746
Motor and Water Carrier
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) .................
49 U.S.C. 14901(d)(2) .................
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) ...........
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49 U.S.C. 14916(c)(1) ..................
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.
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.
Pipeline Carrier
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) ......................
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16:05 Jan 13, 2022
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 .................
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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
[FR Doc. 2022–00639 Filed 1–13–22; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 220111–0009]
RIN 0648–BK70
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Resources of the Gulf of Mexico;
Requirement for a Descending Device
or Venting Tool
National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION: Final rule.
AGENCY:
NMFS implements
regulations to clarify terms used in the
Direct Enhancement of Snapper
Conservation and the Economy through
Novel Devices Act of 2020 (Descend
Act). Section 3 of the Descend Act
requires commercial and recreational
fishermen to have a descending device
or a venting tool on the vessel and ready
for use when fishing for federally
managed reef fish species in Gulf of
Mexico (Gulf) Federal waters. The
purpose of this final rule is to clarify the
definitions of descending device and
venting tool in the Descend Act.
DATES: This final rule is effective
February 14, 2022.
ADDRESSES: Electronic copies of the
Descend Act and the Regulatory
Flexibility Act (RFA) analysis for this
proposed rule may be obtained from
www.regulations.gov or the NMFS
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
descending-device-and-venting-tooldirect-enhancement-snapperconservation-and-economy.
FOR FURTHER INFORMATION CONTACT:
Peter Hood, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION: On
January 13, 2021, the majority of the
Descend Act became effective with the
exception of section 3, which became
effective on January 13, 2022. Section 3
of the Descend Act amends the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by adding
section 321, titled ‘‘Required possession
of descending devices.’’ Section 321 of
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SUMMARY:
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the Magnuson-Stevens Act requires
fishermen on commercial vessels,
charter vessels and headboats (for-hire
vessels), and private recreational vessels
to have a descending device or venting
tool rigged and ready to use when
fishing for Gulf reef fish in Federal
waters.
On November 9, 2021, NMFS
published a proposed rule in the
Federal Register to clarify the terms
used in the Descend Act and requested
public comment through December 9,
2021 (86 FR 62137). The proposed rule
provides additional background and
rationale for the actions contained in
this final rule.
This final rule clarifies the statutory
definitions in the Descend Act of
‘‘descending device’’ and ‘‘venting
tool,’’ which are devices designed to
help reduce post-release mortality of
fish from the effects of barotrauma.
Gulf reef fish are those fish included
in the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico (Reef Fish FMP). A list of Gulf
reef fish can be found in Table 3 of
Appendix A to 50 CFR part 622—
Species Tables; Gulf Reef Fish, https://
www.ecfr.gov/current/title-50/chapterVI/part-622/appendix-Appendix
%20A%20to%20Part%20622. For
purposes of management under the Reef
Fish FMP, Federal waters in the Gulf
begin seaward of 9 nautical miles (16.7
km) from the coast off all the Gulf States
(Pub. L. 114–113, December 18, 2015,
and Pub. L. 115–31, May 5, 2017).
Barotrauma is an injury that may
occur to fish caused by the expansion of
gas inside a fish from the rapid decrease
of water pressure that occurs when a
fish is retrieved from depth. Signs of
barotrauma in fish include a distended
abdomen, bulging eyes, an everted
stomach, and bubbling under the scales.
Fish experiencing barotrauma often
have difficulty returning to deeper water
or float on the surface, which makes
them more vulnerable to predation from
dolphins, sharks and other fish, and
seabirds. Fishermen can help reduce
mortality to fish they release by using a
descending device or a venting tool
when barotrauma is affecting a fish that
has been caught. A descending device
lowers the fish back to depth where
internal gases recompress and the fish
can be released. A venting tool can
release gases in a fish’s abdomen at the
surface allowing the fish to swim
unaided back to depth.
The Descend Act defines the term
‘‘descending device’’ as an instrument
that will release a fish at a depth
sufficient for the fish to be able to
recover from the effects of barotrauma;
is a weighted hook, lip clamp, or box
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2355
that will hold the fish while it is
lowered to depth, or another device
determined to be appropriate by the
Secretary of Commerce (Secretary); and
is capable of releasing the fish
automatically, releasing the fish by
actions of the operator of the device, or
by allowing the fish to escape on its
own. This final rule clarifies that the
depth sufficient for a fish to be able to
recover from the effects of barotrauma is
the depth at which the fish was caught
and specifies the minimum weight and
minimum length of line required to be
consistent with the current regulatory
definition of descending device at 50
CFR 622.188(a)(4). The regulations in
paragraph 622.188(a)(4) were put in
place by NMFS in 2020 to implement
the South Atlantic Fishery Management
Council’s Regulatory Amendment 29 to
the Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic (Snapper-Grouper FMP) (85 FR
36166, June 15, 2020). Those regulations
require a descending device be on board
a vessel and be ready for use while
fishing for or possessing South Atlantic
snapper-grouper.
The Descend Act states that the term
‘‘venting tool’’ has the meaning given to
it by the Gulf Council. The Gulf Council
defines the term ‘‘venting tool’’ in its
Policy on the Use of Venting Tools and
Descending Devices as a sharpened,
hollow instrument capable of
penetrating the abdomen of a fish to
release the excess gases accumulated in
the body cavity. The definition also
indicates a device that is not hollow,
such as a knife or ice pick, is not a
venting tool and will cause additional
damage to a fish. This final rule clarifies
that this definition of venting tool
applies to the Descend Act
requirements.
Management Measures Contained in
This Final Rule
Consistent with the requirement in
the Descend Act, this final rule requires
a descending device or a venting tool on
the vessel that is rigged and ready for
use while fishing for Gulf reef fish is
occurring. This final rule also clarifies
the statutory definitions of descending
device and venting tool to assist Gulf
reef fish fishermen in complying with
the statutory requirement. NMFS is not
approving or determining the
sufficiency of any specific devices
through this final rule.
Descending Device
This final rule defines a descending
device as a device capable of releasing
a fish at the depth from which the fish
was caught, and specifies that the
device must use a minimum of a 16-
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]]>Agencies
[Federal Register Volume 87, Number 10 (Friday, January 14, 2022)]
[Rules and Regulations]
[Pages 2353-2355]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-00639]
=======================================================================
-----------------------------------------------------------------------
SURFACE TRANSPORTATION BOARD
49 CFR Part 1022
[Docket No. EP 716 (Sub-No. 7)]
Civil Monetary Penalties--2022 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, 2022.
FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 245-0391.
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 pt. 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 1.06222, which reflects the percentage change
between the October 2021 CPI-U (276.589) and the October 2020 CPI-U
(260.388). 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 2021, and the adjusted
statutory civil penalty level for 2022.
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 10, 2022.
By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and
Schultz.
Stefan Rice,
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:
[[Page 2354]]
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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2021-- penalty 2022-- adjusted
Civil monetary penalty amount penalty amount
U.S. code citation description -------------------------------------
EP 716_6 (2021) EP 716_7 (2022)
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Rail Carrier
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49 U.S.C. 11901(a)...................... Unless otherwise specified, $8,224 $8,736
maximum penalty for each
knowing violation under this
part, and for each day.
49 U.S.C. 11901(b)...................... For each violation under Sec. 823 874
11124(a)(2) or (b).
49 U.S.C. 11901(b)...................... For each day violation continues 42 45
49 U.S.C. 11901(c)...................... Maximum penalty for each knowing 8,224 8,736
violation under Sec. Sec.
10901-10906.
49 U.S.C. 11901(d)...................... For each violation under Sec. 164-823 174-874
Sec. 11123 or 11124(a)(1).
49 U.S.C. 11901(d)...................... For each day violation continues 82 87
49 U.S.C. 11901(e)(1), (4).............. For each violation under Sec. 823 874
Sec. 11141-11145, for each
day.
49 U.S.C. 11901(e)(2), (4).............. For each violation under Sec. 164 174
11144(b)(1), for each day.
49 U.S.C. 11901(e)(3)-(4)............... For each violation of reporting 164 174
requirements, for each day.
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Motor and Water Carrier
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49 U.S.C. 14901(a)...................... Minimum penalty for each 1,125 1,195
violation and for each day.
49 U.S.C. 14901(a)...................... For each violation under Sec. 11,257 11,957
Sec. 13901 or 13902(c).
49 U.S.C. 14901(a)...................... For each violation related to 28,142 29,893
transportation of passengers.
49 U.S.C. 14901(b)...................... For each violation of the 22,514-45,027 23,915-47,829
hazardous waste rules under
Sec. 3001 of the Solid Waste
Disposal Act.
49 U.S.C. 14901(d)(1)................... Minimum penalty for each 1,644 1,746
violation of household good
regulations, and for each day.
49 U.S.C. 14901(d)(2)................... Minimum penalty for each 16,450 17,473
instance of transportation of
household goods if broker
provides estimate without
carrier agreement.
49 U.S.C. 14901(d)(3)................... Minimum penalty for each 41,120 43,678
instance of transportation of
household goods without being
registered.
49 U.S.C. 14901(e)...................... Minimum penalty for each 3,289 3,494
violation of a transportation
rule.
49 U.S.C. 14901(e)...................... Minimum penalty for each 8,224 8,736
additional violation.
49 U.S.C. 14903(a)...................... Maximum penalty for undercharge 164,490 174,724
or overcharge of tariff rate,
for each violation.
49 U.S.C. 14904(a)...................... For first violation, rebates at 329 349
less than the rate in effect.
49 U.S.C. 14904(a)...................... For all subsequent violations... 412 438
49 U.S.C. 14904(b)(1)................... Maximum penalty for first 823 874
violation for undercharges by
freight forwarders.
49 U.S.C. 14904(b)(1)................... Maximum penalty for subsequent 3,289 3,494
violations.
49 U.S.C. 14904(b)(2)................... Maximum penalty for other first 823 874
violations under Sec. 13702.
49 U.S.C. 14904(b)(2)................... Maximum penalty for subsequent 3,289 3,494
violations.
49 U.S.C. 14905(a)...................... Maximum penalty for each knowing 16,450 17,473
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 2,252 2,392
attempt to evade regulation.
49 U.S.C. 14906......................... Minimum amount for each 5,628 5,978
subsequent attempt to evade
regulation.
49 U.S.C. 14907......................... Maximum penalty for 8,224 8,736
recordkeeping/reporting
violations.
49 U.S.C. 14908(a)(2)................... Maximum penalty for violation of 3,289 3,494
Sec. 14908(a)(1).
49 U.S.C. 14910......................... When another civil penalty is 823 874
not specified under this part,
for each violation, for each
day.
49 U.S.C. 14915(a)(1)-(2)............... Minimum penalty for holding a 13,072 13,885
household goods shipment
hostage, for each day.
49 U.S.C. 14916(c)(1)................... Maximum penalty for each knowing 11,257 11,957
violation under Sec. 14916(a)
for unlawful brokerage
activities.
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Pipeline Carrier
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49 U.S.C. 16101(a)...................... Maximum penalty for violation of 8,224 8,736
this part, for each day.
49 U.S.C. 16101(b)(1), (4).............. For each recordkeeping violation 823 874
under Sec. 15722, each day.
49 U.S.C. 16101(b)(2), (4).............. For each inspection violation 164 174
liable under Sec. 15722, each
day.
49 U.S.C. 16101(b)(3)-(4)............... For each reporting violation 164 174
under Sec. 15723, each day.
49 U.S.C. 16103(a)...................... Maximum penalty for improper 1,644 1,746
disclosure of information.
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[[Page 2355]]
[FR Doc. 2022-00639 Filed 1-13-22; 8:45 am]
BILLING CODE 4915-01-P
