Civil Monetary Penalties-2024 Adjustment, 2174-2176 [2024-00592]

Download as PDF khammond on DSKJM1Z7X2PROD with RULES 2174 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations (17) 552.238–93, Order Acknowledgement. Use only for supplies. (18) 552.238–94, Accelerated Delivery Requirements. Use only for supplies. (19) 552.238–95, Separate Charge for Performance Oriented Packaging (POP). Use only for products defined as hazardous under Federal Standard No. 313. (20) 552.238–96, Separate Charge for Delivery within Consignee’s Premises. Use only for supplies when allowing offerors to propose separate charges for deliveries within the consignee’s premises. (21) 552.238–97, Parts and Service. (22) 552.238–98, Clauses for Overseas Coverage. Use only when overseas acquisition is contemplated. Choose the most appropriate clause(s) to the contract scenario. For example there are multiple free on board (F.o.b.) clauses. Select those that apply best to what is being procured. The following clauses and provisions shall also be inserted in full text, when applicable. (i) FAR 52.214–34 Submission of Offers in the English Language. (ii) FAR 52.214–35 Submission of Offers in U.S. Currency. (iii) 552.238–90 Characteristics of Electric Current. (iv) 552.238–91 Marking and Documentation Requirements for Shipping. (v) 552.238–97 Parts and Service. (vi) 552.238–99 Delivery Prices Overseas. (vii) 552.238–100 Transshipments. (viii) 552.238–101 Foreign Taxes and Duties. (ix) FAR 52.247–29 F.o.b Origin. (x) FAR 52.247–34 F.o.b. Destination. (xi) FAR 52.247–48 F.o.b. Destination—Evidence of Shipment. (23) 552.238–99, Delivery Prices Overseas. Use only when overseas acquisition is contemplated. (24) 552.238–100, Transshipments. Use only when overseas acquisition is contemplated. (25) 552.238–101, Foreign Taxes and Duties. Use only when overseas acquisition is contemplated. (26) 552.238–102, English Language and U.S. Dollar Requirements. (27) 552.238–103, Electronic Commerce. This clause is not required for Department of Veterans Affairs Federal Supply Schedules. (28) 552.238–104, Dissemination of Information by Contractor. (29) 552.238–105, Deliveries Beyond the Contractual Period—Placing of Orders. (30) 552.238–106, Interpretation of Contract Requirements. (31) 552.238–107, Export Traffic Release (Supplies). Use in FSS VerDate Sep<11>2014 15:08 Jan 11, 2024 Jkt 262001 solicitations and contracts for supplies. This clause is not required for vehicles. (32) 552.238–108, Spare Parts Kit. Use only for products requiring spare part kits. This information is to be specified at the order level. (33) 552.238–109, Authentication Supplies and Services. Use only for information technology associated with the Homeland Security Presidential Directive 12 (HSPD–12). (34) 552.238–110, Commercial Satellite Communication (COMSATCOM) Services. Use only for COMSATCOM services. (35) 552.238–111, Environmental Protection Agency Registration Requirement. Use only for supplies when products may require registration with the Environmental Protection Agency. (36) 552.238–116, Option to Extend the Term of the FSS Contract. Use when appropriate. (e) Insert the following fill-in information within the blank of paragraph (d) of FAR clause 52.216–22, Indefinite Quantity: ‘‘the completion of customer order, including options, 60 months following the expiration of the FSS contract ordering period’’. [FR Doc. 2024–00519 Filed 1–11–24; 8:45 am] BILLING CODE 6820–61–P SURFACE TRANSPORTATION BOARD 49 CFR Part 1022 [Docket No. EP 716 (Sub-No. 9)] Civil Monetary Penalties—2024 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 12, 2024. FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 245–0391. If you require an accommodation under the Americans with Disabilities Act, please call (202) 245–0245. 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, 701, 129 Stat. 584, 599– PO 00000 Frm 00064 Fmt 4700 Sfmt 4700 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. 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 1.03241, which reflects the percentage change between the October 2023 CPI–U (307.671) and the October 2022 CPI–U (298.012). 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 2023, and the adjusted statutory civil penalty level for 2024. 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\12JAR1.SGM 12JAR1 2175 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations 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 9, 2024. By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and Schultz. Board Member Primus concurred with a separate expression. BOARD MEMBER PRIMUS, concurring: When the Board adjusted its civil monetary penalties last year, I wrote separately to express concern about the adequacy of the penalties afforded by statute. Civ. Monetary Penalties—2023 Adjustment, EP 716 (Sub-No. 8) (STB served Jan. 13, 2023), slip op. at 3–4 (Member Primus concurring). That concern remains today. The Board’s decision, consistent with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, makes minor adjustments to its civil penalties—for example, increasing the penalty in 49 U.S.C. 11901(a) from $9,413 to $9,718. For the reasons I stated last year, those penalties are unlikely to provide the deterrent effect intended by Congress, and Congress should address this inadequacy. Kenyatta Clay, Clearance Clerk. For the reasons set forth in the preamble, part 1022 of title 49, chapter X, of the Code of Federal Regulations is amended as follows: PART 1022—CIVIL MONETARY PENALTY INFLATION ADJUSTMENT 1. The authority citation for part 1022 continues to read as follows: ■ Authority: 5 U.S.C. 551–557; 28 U.S.C. 2461 note; 49 U.S.C. 11901, 14901, 14903, 14904, 14905, 14906, 14907, 14908, 14910, 14915, 14916, 16101, 16103. 2. Revise § 1022.4(b) to read as follows: ■ § 1022.4 Cost-of-living adjustments of civil monetary penalties. * * * * * (b) The cost-of-living adjustment required by the statute results in the following adjustments to the civil monetary penalties within the jurisdiction of the Board: TABLE 1 TO PARAGRAPH (b) U.S. Code citation 2023— Penalty amount 2024— Adjusted penalty amount EP 716_8 (2023) EP 716_9 (2024) Civil monetary penalty description Rail Carrier khammond on DSKJM1Z7X2PROD with RULES 49 U.S.C. 11901(a) ................... 49 49 49 49 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. 11901(b) ................... 11901(b) ................... 11901(c) .................... 11901(d) ................... 11901(d) ................... 11901(e)(1), (4) ........ 11901(e)(2), (4) ........ 11901(e)(3)–(4) ......... 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 .................... $9,413 $9,718 942 48 9,413 187–942 94 942 187 187 973 50 9,718 193–973 97 973 193 193 1,288 12,883 32,208 25,767–51,534 1,330 13,301 33,252 26,602–53,204 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) VerDate Sep<11>2014 ................... ................... ................... ................... 15:08 Jan 11, 2024 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. Jkt 262001 PO 00000 Frm 00065 Fmt 4700 Sfmt 4700 E:\FR\FM\12JAR1.SGM 12JAR1 2176 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations TABLE 1 TO PARAGRAPH (b)—Continued U.S. Code citation 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) ......... 49 U.S.C. 14916(c)(1) ............... 2023— Penalty amount 2024— Adjusted penalty amount EP 716_8 (2023) EP 716_9 (2024) Civil monetary penalty description 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. 1,881 1,942 18,826 19,436 47,061 48,586 3,765 9,413 188,257 3,887 9,718 194,359 376 472 942 388 487 973 3,765 942 3,765 18,826 3,887 973 3,887 19,436 2,577 6,441 9,413 3,765 942 2,661 6,650 9,718 3,887 973 14,960 15,445 12,883 13,301 9,413 942 187 187 1,881 9,718 973 193 193 1,942 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) ................... 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 ....................... NMFS is reallocating the projected unused amount of Pacific cod from vessels using jig gear to catcher vessels less than 60 feet (18.3 meters) length overall using hook-and-line or pot gear in the Bering Sea and Aleutian Islands management area. This action is necessary to allow the A season apportionment of the 2024 total allowable catch of Pacific cod to be harvested. SUMMARY: [FR Doc. 2024–00592 Filed 1–11–24; 8:45 am] BILLING CODE 4915–01–P DEPARTMENT OF COMMERCE National Oceanic and Atmospheric Administration 50 CFR Part 679 khammond on DSKJM1Z7X2PROD with RULES [Docket No. 230306–0065; RTID 0648– XD642] Fisheries of the Exclusive Economic Zone off Alaska; Reallocation of Pacific Cod in the Bering Sea and Aleutian Islands Management Area National Marine Fisheries Service (NMFS), National Oceanic and Atmospheric Administration (NOAA), Commerce. ACTION: Temporary rule; reallocation. AGENCY: VerDate Sep<11>2014 15:08 Jan 11, 2024 Jkt 262001 Effective January 10, 2024, through 2400 hours, Alaska local time (A.l.t.), December 31, 2024. FOR FURTHER INFORMATION CONTACT: Krista Milani, 907–581–2062. SUPPLEMENTARY INFORMATION: NMFS manages the groundfish fishery in the Bering Sea and Aleutian Islands (BSAI) according to the Fishery Management Plan for Groundfish of the Bering Sea and Aleutian Islands Management Area (FMP) prepared by the North Pacific DATES: PO 00000 Frm 00066 Fmt 4700 Sfmt 4700 Fishery Management Council under authority of the Magnuson-Stevens Fishery Conservation and Management Act. Regulations governing fishing by U.S. vessels in accordance with the FMP appear at subpart H of 50 CFR part 600 and 50 CFR part 679. The A season apportionment of the 2024 Pacific cod total allowable catch (TAC) specified for vessels using jig gear in the BSAI is 1,169 metric tons (mt) as established by the final 2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023) and inseason adjustment (88 FR 88836, December 26, 2023). The 2024 Pacific cod TAC allocated to catcher vessels less than 60 feet (18.3 meters (m)) length overall (LOA) using hook-and-line or pot gear in the BSAI is 2,767 mt as established by final 2023 and 2024 harvest specifications for groundfish in the BSAI (88 FR 14926, March 10, 2023) and inseason E:\FR\FM\12JAR1.SGM 12JAR1

Agencies

Surface Transportation Board

[Federal Register Volume 89, Number 9 (Friday, January 12, 2024)]
[Rules and Regulations]
[Pages 2174-2176]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-00592]

=======================================================================
-----------------------------------------------------------------------

SURFACE TRANSPORTATION BOARD

49 CFR Part 1022

[Docket No. EP 716 (Sub-No. 9)]

Civil Monetary Penalties--2024 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 12, 2024.

FOR FURTHER INFORMATION CONTACT: Amy Ziehm at (202) 245-0391. If you
require an accommodation under the Americans with Disabilities Act,
please call (202) 245-0245.

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, 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 1.03241, which reflects the percentage change
between the October 2023 CPI-U (307.671) and the October 2022 CPI-U
(298.012). 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 2023, and the adjusted
statutory civil penalty level for 2024.

[[Page 2175]]

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 9, 2024.
By the Board, Board Members Fuchs, Hedlund, Oberman, Primus, and
Schultz. Board Member Primus concurred with a separate expression.

BOARD MEMBER PRIMUS, concurring:
When the Board adjusted its civil monetary penalties last year, I
wrote separately to express concern about the adequacy of the penalties
afforded by statute. Civ. Monetary Penalties--2023 Adjustment, EP 716
(Sub-No. 8) (STB served Jan. 13, 2023), slip op. at 3-4 (Member Primus
concurring). That concern remains today. The Board's decision,
consistent with the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015, makes minor adjustments to its civil
penalties--for example, increasing the penalty in 49 U.S.C. 11901(a)
from $9,413 to $9,718. For the reasons I stated last year, those
penalties are unlikely to provide the deterrent effect intended by
Congress, and Congress should address this inadequacy.

Kenyatta Clay,
Clearance Clerk.

For the reasons set forth in the preamble, part 1022 of title 49,
chapter X, of the Code of Federal Regulations is amended as follows:

PART 1022--CIVIL MONETARY PENALTY INFLATION ADJUSTMENT

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

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

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

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

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

Table 1 to Paragraph (b)
----------------------------------------------------------------------------------------------------------------
2023-- Penalty 2024-- Adjusted
Civil monetary penalty amount penalty amount
U.S. Code citation description -----------------------------------
EP 716_8 (2023) EP 716_9 (2024)
----------------------------------------------------------------------------------------------------------------
Rail Carrier
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 11901(a)............................... Unless otherwise $9,413 $9,718
specified, maximum
penalty for each knowing
violation under this
part, and for each day.
49 U.S.C. 11901(b)............................... For each violation under 942 973
Sec. 11124(a)(2) or
(b).
49 U.S.C. 11901(b)............................... For each day violation 48 50
continues.
49 U.S.C. 11901(c)............................... Maximum penalty for each 9,413 9,718
knowing violation under
Sec. Sec. 10901-10906.
49 U.S.C. 11901(d)............................... For each violation under 187-942 193-973
Sec. Sec. 11123 or
11124(a)(1).
49 U.S.C. 11901(d)............................... For each day violation 94 97
continues.
49 U.S.C. 11901(e)(1), (4)....................... For each violation under 942 973
Sec. Sec. 11141-
11145, for each day.
49 U.S.C. 11901(e)(2), (4)....................... For each violation under 187 193
Sec. 11144(b)(1), for
each day.
49 U.S.C. 11901(e)(3)-(4)........................ For each violation of 187 193
reporting requirements,
for each day.
----------------------------------------------------------------------------------------------------------------
Motor and Water Carrier
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 14901(a)............................... Minimum penalty for each 1,288 1,330
violation and for each
day.
49 U.S.C. 14901(a)............................... For each violation under 12,883 13,301
Sec. Sec. 13901 or
13902(c).
49 U.S.C. 14901(a)............................... For each violation 32,208 33,252
related to
transportation of
passengers.
49 U.S.C. 14901(b)............................... For each violation of the 25,767-51,534 26,602-53,204
hazardous waste rules
under Sec. 3001 of the
Solid Waste Disposal Act.

[[Page 2176]]

49 U.S.C. 14901(d)(1)............................ Minimum penalty for each 1,881 1,942
violation of household
good regulations, and
for each day.
49 U.S.C. 14901(d)(2)............................ Minimum penalty for each 18,826 19,436
instance of
transportation of
household goods if
broker provides estimate
without carrier
agreement.
49 U.S.C. 14901(d)(3)............................ Minimum penalty for each 47,061 48,586
instance of
transportation of
household goods without
being registered.
49 U.S.C. 14901(e)............................... Minimum penalty for each 3,765 3,887
violation of a
transportation rule.
49 U.S.C. 14901(e)............................... Minimum penalty for each 9,413 9,718
additional violation.
49 U.S.C. 14903(a)............................... Maximum penalty for 188,257 194,359
undercharge or
overcharge of tariff
rate, for each violation.
49 U.S.C. 14904(a)............................... For first violation, 376 388
rebates at less than the
rate in effect.
49 U.S.C. 14904(a)............................... For all subsequent 472 487
violations.
49 U.S.C. 14904(b)(1)............................ Maximum penalty for first 942 973
violation for
undercharges by freight
forwarders.
49 U.S.C. 14904(b)(1)............................ Maximum penalty for 3,765 3,887
subsequent violations.
49 U.S.C. 14904(b)(2)............................ Maximum penalty for other 942 973
first violations under
Sec. 13702.
49 U.S.C. 14904(b)(2)............................ Maximum penalty for 3,765 3,887
subsequent violations.
49 U.S.C. 14905(a)............................... Maximum penalty for each 18,826 19,436
knowing 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 2,577 2,661
attempt to evade
regulation.
49 U.S.C. 14906.................................. Minimum amount for each 6,441 6,650
subsequent attempt to
evade regulation.
49 U.S.C. 14907.................................. Maximum penalty for 9,413 9,718
recordkeeping/reporting
violations.
49 U.S.C. 14908(a)(2)............................ Maximum penalty for 3,765 3,887
violation of Sec.
14908(a)(1).
49 U.S.C. 14910.................................. When another civil 942 973
penalty is not specified
under this part, for
each violation, for each
day.
49 U.S.C. 14915(a)(1)-(2)........................ Minimum penalty for 14,960 15,445
holding a household
goods shipment hostage,
for each day.
49 U.S.C. 14916(c)(1)............................ Maximum penalty for each 12,883 13,301
knowing 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 9,413 9,718
violation of this part,
for each day.
49 U.S.C. 16101(b)(1), (4)....................... For each recordkeeping 942 973
violation under Sec.
15722, each day.
49 U.S.C. 16101(b)(2), (4)....................... For each inspection 187 193
violation liable under
Sec. 15722, each day.
49 U.S.C. 16101(b)(3)-(4)........................ For each reporting 187 193
violation under Sec.
15723, each day.
49 U.S.C. 16103(a)............................... Maximum penalty for 1,881 1,942
improper disclosure of
information.
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[FR Doc. 2024-00592 Filed 1-11-24; 8:45 am]
BILLING CODE 4915-01-P

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