81 FR 42564 - Pipeline Safety: Inflation Adjustment of Maximum Civil Penalties
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Federal Register Volume 81, Issue 126 (June 30, 2016)
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 81, Issue 126 (June 30, 2016)
| Page Range | 42564-42566 | |
| FR Document | 2016-15529 |
[Federal Register Volume 81, Number 126 (Thursday, June 30, 2016)] [Rules and Regulations] [Pages 42564-42566] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-15529] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Part 190 [Docket No. PHMSA-2016-0010] RIN-2137-AF16 Pipeline Safety: Inflation Adjustment of Maximum Civil Penalties AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is revising references in its regulations to the maximum civil penalties for violations of the Federal Pipeline Safety Laws, or any PHMSA regulation or order issued thereunder. Under the ``Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,'' which further amended the ``Federal Civil Penalties Inflation Adjustment Act of 1990,'' federal agencies are required to adjust their civil monetary penalties effective August 1, 2016, and then annually thereafter, to account for changes in inflation. PHMSA finds good cause to amend the regulation related to civil penalties without notice and opportunity for public comment. For the reasons described below, advance public notice is unnecessary. DATES: The effective date of this interim final rule is August 1, 2016. FOR FURTHER INFORMATION CONTACT: Aaron Glaser, Attorney-Advisor, Pipeline Safety Division, Office of Chief Counsel, Pipeline and Hazardous Materials Safety Administration, by telephone at 202-366-6318 or by email at [email protected]; Melanie Stevens, Attorney-Advisor, Pipeline Safety Division, Office of Chief Counsel, Pipeline and Hazardous Materials Safety Administration, by telephone at 202-366-5466 or by email at [email protected]. SUPPLEMENTARY INFORMATION: I. Procedures Background Section 701 of the ``Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015'' (Pub. L. 114-72) (the 2015 Act) amended the ``Federal Civil Penalties Inflation Adjustment Act of 1990'' (Pub. L. 101-410) (Inflation Adjustment Act) to require that federal agencies adjust their civil penalties with an initial ``catch-up'' adjustment through an interim final rulemaking by July 1, 2016, as well as make subsequent annual adjustments for inflation. This interim rule adjusts the maximum civil penalties assessed under 49 U.S.C. 60101, et seq., or regulations or orders issued thereunder. These adjusted penalties will apply to violations occurring on or after the effective date of August 1, 2016. On February 24, 2016, the Office of Management and Budget (OMB) issued a ``Memorandum for the Heads of Executive Departments and Agencies, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,'' M-16-06 (OMB Memorandum M- 16-06), providing guidance to federal agencies on how to update their civil penalties pursuant to the 2015 Act. OMB Memorandum M-16-06 directs agencies to use multipliers to adjust their civil monetary penalties, or the minimum and maximum penalties, based on the year the penalty was established or last adjusted by statute or regulation other than under the Inflation Adjustment Act (Base Year). For the catch-up adjustment, the agency must use the multiplier, based on the Consumer Price Index for October 2015, provided in the table of OMB Memorandum M-16-06 and multiply it by the current maximum penalty amount. After making an adjustment, all penalty levels must be rounded to the nearest dollar, but no penalty level may be increased by more than 150 percent of corresponding penalty levels in effect on November 2, 2015. PHMSA is revising the maximum civil penalty amounts in its regulations, consistent with the process outlined in OMB Memorandum M- 16-06. The ``Pipeline Safety, Regulatory Certainty, and Job Creation Act of 2011'' (the 2011 Act) (Public Law No: 112-90) adjusted the maximum civil penalties for violations under 49 U.S.C. 60101, et seq. In 2013, PHMSA amended 49 Code of Federal Regulations (CFR) Sec. 190.223(a) to conform to the 2011 Act, effective January 2, 2012. (78 FR 58897). Based on the 2012 effective date, a multiplier 1.02819 was used to calculate the updated penalties for violations under 49 U.S.C. 60101, et seq., and any regulation or order issued thereunder. The civil penalty amounts for violations of 49 U.S.C. 60103 and 60111 were last set by Congress in 1994 with the Revision of Title 49, United States Code Annotated, Transportation (Pub. L. 103-272), and last adjusted by PHMSA in 1996 via regulation amending 49 CFR 190.223(c) (61 FR 18515). The 1996 multiplier of 1.50245 was used to calculate the updated penalties for violations of 49 U.S.C. 60103 and 60111. Lastly, the penalty amount for violations of 49 U.S.C. 60129 was last set by Congress in 2002 with the passage of the ``Pipeline Safety Improvement Act of 2002,'' (Pub. L. 107-355), and last adjusted by PHMSA in 2005 via regulation amending 49 CFR 190.223(d) (70 FR 11137). The 2005 multiplier of 1.19397 was used to calculate the updated penalties for violations of 49 U.S.C. 60129. These revised penalties are shown as follows: [[Page 42565]] ---------------------------------------------------------------------------------------------------------------- Current maximum civil Revised maximum civil Violated statute CFR Citation Base year penalty penalty ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 60101 et seq., and 49 CFR 190.223(a). 2012 $200,000 for each $205,638 for each any regulation or order issued violation for each violation for each thereunder.. day the violation day the violation continues, with a continues, with a maximum penalty not maximum penalty not to exceed $2,000,000 to exceed $2,056,380 for a related series for a related series of violations. of violations. 49 U.S.C. 60103;49 U.S.C. 60111 49 CFR 190.223(a). 1996 A penalty not to An administrative exceed $50,000, which civil penalty not to may be in addition to exceed $75,123, which other penalties under may be in addition to 40 U.S.C. 60101, et other penalties seq. assessed under 49 U.S.C. 60101, et seq. 49 U.S.C. 60129................ 49 CFR 190.223(d). 2005 A penalty not to A penalty not to exceed $1,000. exceed $1,194. ---------------------------------------------------------------------------------------------------------------- The 2015 Act only applies to penalties prospectively and does not retrospectively change any civil penalties previously assessed or enforced. Starting in January 2017, PHMSA is required to publish in the Federal Register annual inflation adjustments for each penalty levied under 49 U.S.C. 60101, et seq., and do so no later than January 15 of each year. The 2015 Act does not alter PHMSA's existing authority to assess penalties levied for violations under 49 U.S.C. 60101, et seq. Additionally, if future penalties or penalty adjustments are enacted by statute or regulation, PHMSA will not adjust these penalties for inflation in the first year after these penalties are in effect. PHMSA will apply new annual penalty levels to any penalties assessed on or after the date these new levels take effect. II. Justification for Interim Final Rule The Administrative Procedure Act (APA) authorizes agencies to forego providing the opportunity for prior public notice and comment if an agency finds good cause that notice and public procedure are unnecessary. See 5 U.S.C. 553(b)(3)(B). In this instance, PHMSA is required under the 2015 Act and directed by the OMB Guidance to publish this rule by July 1, 2016, with the penalty levels stated herein to take effect no later than August 1, 2016. Further, PHMSA is mandated by the 2015 Act and directed by the OMB Guidance to adjust the penalty levels pursuant to the specific procedures also stated herein. Any public comments received through notice and public procedure would therefore not affect PHMSA's obligation to comply with the 2015 Act or OMB Guidance, nor would they affect the methods used by PHMSA to adjust the penalty levels. PHMSA, therefore, finds good cause that APA notice and comment are unnecessary for this interim final rule. III. Rulemaking Analyses and Notices A. Statutory/Legal Authority for This Rulemaking This rule is published under the authority of the 2015 Act, as well 49 U.S.C. 60101 et seq. These statutes provide PHMSA with the authority to levy civil penalties for violations of the federal Pipeline Safety Laws. The 2015 Act requires penalties levied by federal agencies pursuant to these laws to be adjusted, and for the new adjusted penalties to take effect no later than August 1, 2016. Further, beginning in January 2017, the 2015 Act requires such penalties to be adjusted on an annual basis no later than January 15 of each year. B. Executive Orders 12866 and 13563, and DOT Regulatory Policies and Procedures This rule has been evaluated in accordance with existing DOT policies and procedures and determined to be non-significant under Executive Orders 12866 and 12563. This rule is considered a regulatory action under Section 3(e) of Executive Order 12866, and pursuant to Section 6(a)(3)(D) of Executive Order 12866. Further, this interim final rule is not significant under the Regulatory Policies and Procedures of the Department of Transportation because it is limited to a ministerial act on which the agency has no discretion and the economic impact of this rule is minimal. (44 FR 11034). Accordingly, preparation of a regulatory evaluation is not warranted. This rule imposes no new costs upon persons conducting operations in compliance with federal pipeline statutes and regulations. Those operators not in compliance with these statutes and regulations may experience an increased cost, based on the penalties levied against them for non-compliance; however, this is an avoidable, variable cost and thus, is not considered in any evaluation of the significance of this regulatory action. The amendments in this rule could provide a deterrent effect that could potentially lead to safety benefits; however, PHMSA does not expect such benefits to be significant. Overall, it is anticipated that costs and benefits from this rule would be minimal in real dollars. C. Executive Order 13132 PHMSA has analyzed this rule according to Executive Order 13132 on federalism. The interim final rule does not have a substantial direct effect on the states, the relationship between the national government and the states, or the distribution of power and responsibilities among the various levels of government. The rule neither imposes substantial direct compliance costs on state and local governments nor preempts state law governing intrastate pipelines. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. D. Executive Order 13175 This rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175 on consultation and coordination with Indian tribal governments. Because the rule does not have tribal implications, does not impose substantial direct compliance costs, and is required by statute, the funding and consultation requirements of Executive Order 13175 do not apply. E. Executive Order 13211 This rule is not a ``significant energy action'' under Executive Order 13211 on actions concerning regulations that significantly affect energy supply, distribution, or use. It is not likely to have a significant adverse effect on supply, distribution, or energy use. Further, the Office of Information and Regulatory Affairs (OIRA) within OMB has not designated this rule as a significant energy action. F. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies The Regulatory Flexibility Act (5 U.S.C. 601-611) requires each agency to analyze proposed regulations and assess their impact on small businesses and [[Page 42566]] other small entities to determine whether the rule is expected to have a significant impact on a substantial number of small entities. The provisions of this interim final rule may apply specifically to all businesses using pipelines to transport hazardous liquids, gas, and LNG in interstate commerce. Therefore, PHMSA certifies this rule would not have a significant economic impact on a substantial number of small entities. G. Unfunded Mandates Reform Act of 1995 This rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. It does not result in costs of $155,000,000 or more, adjusted for inflation, in any year for either state, local, or tribal governments, in the aggregate, or to the private sector, and is the least-burdensome alternative that achieves the objective of the rule. H. Paperwork Reduction Act This interim final rule imposes no new requirements for recordkeeping or reporting. I. Environmental Assessment The National Environmental Policy Act of 1969 (NEPA), as amended (42 U.S.C. 4321-4375), requires federal agencies to consider the consequences of major federal actions and prepare a detailed statement on actions significantly affecting the quality of the human environment. When developing potential regulatory requirements, PHMSA evaluates those requirements to consider the environmental impact of these amendments. Specifically, PHMSA evaluates the risk of release and resulting environmental impact; risk to human safety, including any risk to first responders; if the proposed regulation would be carried out in a defined geographic area; and the resources, especially in environmentally sensitive areas, that could be impacted by any proposed regulations. This interim final rule would be generally applicable to pipeline operators, and would not be carried out in a defined geographic area. The adjusted, increased civil penalties listed in this interim final rule may act as a deterrent to those violating the Federal Pipeline Safety Laws, or any PHMSA regulation or order issued thereunder. This may result in a positive environmental impact as a result of increased compliance with the Federal Pipeline Safety Laws and any PHMSA regulations or orders issued thereunder. Based on the above discussion, PHMSA concludes there are no significant environmental impacts associated with this interim final rule. J. Privacy Act Anyone is able to search the electronic form of any written communications and comments received into any of our dockets by the name of the individual submitting the document (or signing the document, 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 (Volume 65, Number 70, pages 19477-78) or online at https://www.federalregister.gov/articles/2000/04/11/00-8505/privacy-act-of-1974-systems-of-records or https://www.thefederalregister.org/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf. K. Executive Order 13609 and International Trade Analysis Sections 3 and 4 of Executive Order 13609 direct an agency to conduct a regulatory analysis and ensure that a proposed rule does not cause unnecessary obstacles to foreign trade. This requirement applies if a rule constitutes a significant regulatory action, or if a regulatory evaluation must be prepared for the rule. This interim final rule is not a significant regulatory action, but a regulatory action under Section 3(e) of Executive Order 12866. PHMSA is not required under Executive Orders 12866 and 13563 to submit a regulatory analysis. L. Regulation Identifier Number (RIN) A regulation identifier number (RIN) is assigned to each regulatory action listed in the Unified Agenda of Federal Regulations. The Regulatory Information Service Center publishes the Unified Agenda in the spring and fall of each year. The RIN contained in the heading of this document can be used to cross-reference this action in the Unified Agenda. List of Subjects in 49 CFR Part 190 Administrative practice and procedure, Penalties, Pipeline safety. In consideration of the foregoing, PHMSA is amending 49 CFR part 190 as follows: PART 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES 0 1. The authority citation for part 190 is revised to read as follows: Authority: 33 U.S.C. 1321(b); 49 U.S.C. 60101 et seq.; 49 CFR 1.97; Pub. L. 114-74, section 701; Pub. L. No: 112-90, section 2; Pub. L. 101-410, sections 4-6. 0 2. Section 190.223 is amended by revising paragraphs (a) though (d) to read as follows: Sec. 190.223 Maximum penalties. (a) Any person found to have violated a provision of 49 U.S.C. 60101 et seq., or any regulation or order issued thereunder is subject to an administrative civil penalty not to exceed $205,638 for each violation for each day the violation continues, except that the maximum administrative civil penalty may not exceed $2,056,380 for any related series of violations. (b) Any person found to have violated a provision of 33 U.S.C. 1321(j) or any regulation or order issued thereunder is subject to an administrative civil penalty under 33 U.S.C. 1321(b)(6), as adjusted by 40 CFR 19.4. (c) Any person found to have violated any standard or order under 49 U.S.C. 60103 is subject to an administrative civil penalty not to exceed $75,123, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section. (d) Any person who is determined to have violated any standard or order under 49 U.S.C. 60129 is subject to an administrative civil penalty not to exceed $1,194, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section. * * * * * Issued in Washington, DC, under authority delegated in 49 CFR Part 1.97. Marie Therese Dominguez, Administrator. [FR Doc. 2016-15529 Filed 6-29-16; 8:45 am] BILLING CODE 4910-60-P
![42564 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
■ a. Removing the basic clause date of ACTION: Interim final rule. Improvements Act of 2015,’’ M–16–06
‘‘(OCT 2015)’’ and adding ‘‘(JUN 2016)’’ (OMB Memorandum M–16–06),
in its place; SUMMARY: PHMSA is revising references providing guidance to federal agencies
■ b. In paragraph (a), in the definition of in its regulations to the maximum civil on how to update their civil penalties
‘‘designated country’’ in paragraph (i), penalties for violations of the Federal pursuant to the 2015 Act. OMB
adding, in alphabetical order, the Pipeline Safety Laws, or any PHMSA Memorandum M–16–06 directs agencies
country of ‘‘Ukraine’’; and regulation or order issued thereunder. to use multipliers to adjust their civil
■ c. In the Alternate II clause— Under the ‘‘Federal Civil Penalties monetary penalties, or the minimum
■ i. Removing the clause date of ‘‘(OCT Inflation Adjustment Act Improvements
and maximum penalties, based on the
2015)’’ and adding ‘‘(JUN 2016)’’ in its Act of 2015,’’ which further amended
year the penalty was established or last
place; and the ‘‘Federal Civil Penalties Inflation
adjusted by statute or regulation other
■ ii. In paragraph (a), in the definition Adjustment Act of 1990,’’ federal
than under the Inflation Adjustment Act
of ‘‘designated country’’ in paragraph agencies are required to adjust their
(Base Year). For the catch-up
(i), adding, in alphabetical order, the civil monetary penalties effective
August 1, 2016, and then annually adjustment, the agency must use the
country of ‘‘Ukraine’’.
thereafter, to account for changes in multiplier, based on the Consumer Price
252.225–7045 [Amended] inflation. Index for October 2015, provided in the
■ 4. Amend section 252.225–7045 by— PHMSA finds good cause to amend table of OMB Memorandum M–16–06
■ a. Removing the basic clause date of the regulation related to civil penalties and multiply it by the current maximum
‘‘(OCT 2015)’’ and adding ‘‘(JUN 2016)’’ without notice and opportunity for penalty amount. After making an
in its place; public comment. For the reasons adjustment, all penalty levels must be
■ b. In paragraph (a), in the definition of described below, advance public notice rounded to the nearest dollar, but no
‘‘designated country’’ in paragraph (i), is unnecessary. penalty level may be increased by more
adding, in alphabetical order, the DATES: The effective date of this interim
than 150 percent of corresponding
country of ‘‘Ukraine’’; final rule is August 1, 2016. penalty levels in effect on November 2,
■ c. In the Alternate I clause— 2015.
FOR FURTHER INFORMATION CONTACT:
■ i. Removing the clause date of ‘‘(OCT PHMSA is revising the maximum
Aaron Glaser, Attorney-Advisor,
2015)’’ and adding ‘‘(JUN 2016)’’ in its civil penalty amounts in its regulations,
Pipeline Safety Division, Office of Chief
place; and consistent with the process outlined in
■ ii. In paragraph (a), in the definition
Counsel, Pipeline and Hazardous
Materials Safety Administration, by OMB Memorandum M–16–06. The
of ‘‘designated country’’ in paragraph ‘‘Pipeline Safety, Regulatory Certainty,
(i), adding, in alphabetical order, the telephone at 202–366–6318 or by email
at aaron.glaser@dot.gov; Melanie and Job Creation Act of 2011’’ (the 2011
country of ‘‘Ukraine’’;
Stevens, Attorney-Advisor, Pipeline Act) (Public Law No: 112–90) adjusted
■ d. In the Alternate II clause—
■ i. Removing the clause date of ‘‘(OCT Safety Division, Office of Chief Counsel, the maximum civil penalties for
2015)’’ and adding ‘‘(JUN 2016)’’ in its Pipeline and Hazardous Materials Safety violations under 49 U.S.C. 60101, et seq.
place; and Administration, by telephone at 202– In 2013, PHMSA amended 49 Code of
■ ii. In paragraph (a), in the definition 366–5466 or by email at Federal Regulations (CFR) § 190.223(a)
of ‘‘designated country’’ in paragraph melanie.stevens@dot.gov. to conform to the 2011 Act, effective
(i), adding, in alphabetical order, the SUPPLEMENTARY INFORMATION: January 2, 2012. (78 FR 58897). Based
country of ‘‘Ukraine’’; and on the 2012 effective date, a multiplier
I. Procedures 1.02819 was used to calculate the
■ e. In the Alternate III clause—
■ i. Removing the clause date of ‘‘(OCT Background updated penalties for violations under
2015)’’ and adding ‘‘(JUN 2016)’’ in its 49 U.S.C. 60101, et seq., and any
Section 701 of the ‘‘Federal Civil
place; and regulation or order issued thereunder.
Penalties Inflation Adjustment Act
■ ii. In paragraph (a), in the definition The civil penalty amounts for violations
Improvements Act of 2015’’ (Pub. L.
of ‘‘designated country’’ in paragraph 114–72) (the 2015 Act) amended the of 49 U.S.C. 60103 and 60111 were last
(i), adding, in alphabetical order, the ‘‘Federal Civil Penalties Inflation set by Congress in 1994 with the
country of ‘‘Ukraine’’. Adjustment Act of 1990’’ (Pub. L. 101– Revision of Title 49, United States Code
[FR Doc. 2016–15258 Filed 6–29–16; 8:45 am] 410) (Inflation Adjustment Act) to Annotated, Transportation (Pub. L. 103–
BILLING CODE 5001–06–P require that federal agencies adjust their 272), and last adjusted by PHMSA in
civil penalties with an initial ‘‘catch- 1996 via regulation amending 49 CFR
up’’ adjustment through an interim final 190.223(c) (61 FR 18515). The 1996
DEPARTMENT OF TRANSPORTATION rulemaking by July 1, 2016, as well as multiplier of 1.50245 was used to
make subsequent annual adjustments calculate the updated penalties for
Pipeline and Hazardous Materials for inflation. This interim rule adjusts violations of 49 U.S.C. 60103 and 60111.
Safety Administration the maximum civil penalties assessed Lastly, the penalty amount for violations
under 49 U.S.C. 60101, et seq., or of 49 U.S.C. 60129 was last set by
49 CFR Part 190 regulations or orders issued thereunder. Congress in 2002 with the passage of the
[Docket No. PHMSA–2016–0010] These adjusted penalties will apply to ‘‘Pipeline Safety Improvement Act of
violations occurring on or after the 2002,’’ (Pub. L. 107–355), and last
RIN–2137–AF16 effective date of August 1, 2016. adjusted by PHMSA in 2005 via
srobinson on DSK5SPTVN1PROD with RULES
On February 24, 2016, the Office of regulation amending 49 CFR 190.223(d)
Pipeline Safety: Inflation Adjustment of
Management and Budget (OMB) issued (70 FR 11137). The 2005 multiplier of
Maximum Civil Penalties
a ‘‘Memorandum for the Heads of 1.19397 was used to calculate the
AGENCY: Pipeline and Hazardous Executive Departments and Agencies, updated penalties for violations of 49
Materials Safety Administration Implementation of the Federal Civil U.S.C. 60129. These revised penalties
(PHMSA), DOT. Penalties Inflation Adjustment Act are shown as follows:
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![42566 Federal Register / Vol. 81, No. 126 / Thursday, June 30, 2016 / Rules and Regulations
other small entities to determine environmental impacts associated with section 701; Pub. L. No: 112–90, section 2;
whether the rule is expected to have a this interim final rule. Pub. L. 101–410, sections 4–6.
significant impact on a substantial ■ 2. Section 190.223 is amended by
J. Privacy Act
number of small entities. The provisions revising paragraphs (a) though (d) to
of this interim final rule may apply Anyone is able to search the read as follows:
specifically to all businesses using electronic form of any written
pipelines to transport hazardous liquids, communications and comments § 190.223 Maximum penalties.
gas, and LNG in interstate commerce. received into any of our dockets by the (a) Any person found to have violated
Therefore, PHMSA certifies this rule name of the individual submitting the a provision of 49 U.S.C. 60101 et seq.,
would not have a significant economic document (or signing the document, if or any regulation or order issued
impact on a substantial number of small submitted on behalf of an association, thereunder is subject to an
entities. business, labor union, etc.). You may administrative civil penalty not to
review DOT’s complete Privacy Act exceed $205,638 for each violation for
G. Unfunded Mandates Reform Act of
1995 Statement in the Federal Register each day the violation continues, except
published on April 11, 2000 (Volume that the maximum administrative civil
This rule does not impose unfunded 65, Number 70, pages 19477–78) or penalty may not exceed $2,056,380 for
mandates under the Unfunded online at https:// any related series of violations.
Mandates Reform Act of 1995. It does www.federalregister.gov/articles/2000/ (b) Any person found to have violated
not result in costs of $155,000,000 or 04/11/00–8505/privacy-act-of-1974- a provision of 33 U.S.C. 1321(j) or any
more, adjusted for inflation, in any year systems-of-records or https:// regulation or order issued thereunder is
for either state, local, or tribal www.gpo.gov/fdsys/pkg/FR–2000–04– subject to an administrative civil
governments, in the aggregate, or to the 11/pdf/00–8505.pdf. penalty under 33 U.S.C. 1321(b)(6), as
private sector, and is the least- adjusted by 40 CFR 19.4.
burdensome alternative that achieves K. Executive Order 13609 and (c) Any person found to have violated
the objective of the rule. International Trade Analysis any standard or order under 49 U.S.C.
H. Paperwork Reduction Act Sections 3 and 4 of Executive Order 60103 is subject to an administrative
13609 direct an agency to conduct a civil penalty not to exceed $75,123,
This interim final rule imposes no which may be in addition to other
regulatory analysis and ensure that a
new requirements for recordkeeping or penalties to which such person may be
proposed rule does not cause
reporting. subject under paragraph (a) of this
unnecessary obstacles to foreign trade.
I. Environmental Assessment This requirement applies if a rule section.
constitutes a significant regulatory (d) Any person who is determined to
The National Environmental Policy
action, or if a regulatory evaluation must have violated any standard or order
Act of 1969 (NEPA), as amended (42
be prepared for the rule. This interim under 49 U.S.C. 60129 is subject to an
U.S.C. 4321–4375), requires federal
final rule is not a significant regulatory administrative civil penalty not to
agencies to consider the consequences
action, but a regulatory action under exceed $1,194, which may be in
of major federal actions and prepare a
Section 3(e) of Executive Order 12866. addition to other penalties to which
detailed statement on actions
PHMSA is not required under Executive such person may be subject under
significantly affecting the quality of the
Orders 12866 and 13563 to submit a paragraph (a) of this section.
human environment. When developing
potential regulatory requirements, regulatory analysis. * * * * *
PHMSA evaluates those requirements to L. Regulation Identifier Number (RIN) Issued in Washington, DC, under authority
consider the environmental impact of delegated in 49 CFR Part 1.97.
these amendments. Specifically, A regulation identifier number (RIN) Marie Therese Dominguez,
PHMSA evaluates the risk of release and is assigned to each regulatory action Administrator.
resulting environmental impact; risk to listed in the Unified Agenda of Federal
[FR Doc. 2016–15529 Filed 6–29–16; 8:45 am]
human safety, including any risk to first Regulations. The Regulatory Information
BILLING CODE 4910–60–P
responders; if the proposed regulation Service Center publishes the Unified
would be carried out in a defined Agenda in the spring and fall of each
geographic area; and the resources, year. The RIN contained in the heading
of this document can be used to cross- SURFACE TRANSPORTATION BOARD
especially in environmentally sensitive
areas, that could be impacted by any reference this action in the Unified
49 CFR Chapter X
proposed regulations. Agenda.
This interim final rule would be [Docket No. EP 719]
List of Subjects in 49 CFR Part 190
generally applicable to pipeline
operators, and would not be carried out Administrative practice and Small Entity Size Standards Under the
in a defined geographic area. The procedure, Penalties, Pipeline safety. Regulatory Flexibility Act
adjusted, increased civil penalties listed In consideration of the foregoing, AGENCY: Surface Transportation Board
in this interim final rule may act as a PHMSA is amending 49 CFR part 190 as (Board or STB).
deterrent to those violating the Federal follows: ACTION: Final statement of agency
Pipeline Safety Laws, or any PHMSA policy.
regulation or order issued thereunder. PART 190—PIPELINE SAFETY
srobinson on DSK5SPTVN1PROD with RULES
This may result in a positive ENFORCEMENT AND REGULATORY SUMMARY: On July 11, 2013, the Board
environmental impact as a result of PROCEDURES issued a notice of proposed size
increased compliance with the Federal standards for purposes of the Regulatory
Pipeline Safety Laws and any PHMSA ■ 1. The authority citation for part 190 Flexibility Act, along with a request for
regulations or orders issued thereunder. is revised to read as follows: public comment. This decision
Based on the above discussion, PHMSA Authority: 33 U.S.C. 1321(b); 49 U.S.C. discusses the comment received in
concludes there are no significant 60101 et seq.; 49 CFR 1.97; Pub. L. 114–74, response to the proposed size standards
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Document Created: 2018-02-08 07:45:30
Document Modified: 2018-02-08 07:45:30
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Interim final rule. | |
| Dates | The effective date of this interim final rule is August 1, 2016. | |
| Contact | Aaron Glaser, Attorney-Advisor, Pipeline Safety Division, Office of Chief Counsel, Pipeline and Hazardous Materials Safety Administration, by telephone at 202-366-6318 or by email at [email protected]; Melanie Stevens, Attorney-Advisor, Pipeline Safety Division, Office of Chief Counsel, Pipeline and Hazardous Materials Safety Administration, by telephone at 202-366-5466 or by email at [email protected] | |
| FR Citation | 81 FR 42564 | |
| CFR Associated | Administrative Practice and Procedure; Penalties and Pipeline Safety |
2025 Federal Register | Disclaimer | Privacy Policy
USC | CFR | eCFR