Rule2022-00639
Civil Monetary Penalties-2022 Adjustment
Primary source
Metadata and text below are from the Federal Register, a public-domain U.S. government work. Always verify the official published version before relying on it for any legal matter.
Published
January 14, 2022
Effective
January 14, 2022
Issuing agencies
Surface Transportation Board
Abstract
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.
Full Text
<html>
<head>
<title>Federal Register, Volume 87 Issue 10 (Friday, January 14, 2022)</title>
</head>
<body><pre>
[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 [<a href="http://www.gpo.gov">www.gpo.gov</a>]
[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)
----------------------------------------------------------------------------------------------------------------
2021-- penalty 2022-- adjusted
Civil monetary penalty amount penalty amount
U.S. code citation description -------------------------------------
EP 716_6 (2021) EP 716_7 (2022)
----------------------------------------------------------------------------------------------------------------
Rail Carrier
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
Motor and Water Carrier
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
Pipeline Carrier
----------------------------------------------------------------------------------------------------------------
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.
----------------------------------------------------------------------------------------------------------------
[[Page 2355]]
[FR Doc. 2022-00639 Filed 1-13-22; 8:45 am]
BILLING CODE 4915-01-P
</pre></body>
</html>Indexed from Federal Register on January 14, 2022.
This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.