81 FR 72539 - Civil Monetary Penalty Inflation Adjustment Rule
SURFACE TRANSPORTATION BOARD Federal Register Volume 81, Issue 203 (October 20, 2016)
Federal Register Volume 81, Issue 203 (October 20, 2016)
| Page Range | 72539-72545 | |
| FR Document | 2016-25273 |
[Federal Register Volume 81, Number 203 (Thursday, October 20, 2016)] [Rules and Regulations] [Pages 72539-72545] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2016-25273] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD 49 CFR Part 1022 [Docket No. EP 716 (Sub-No. 1)] Civil Monetary Penalty Inflation Adjustment Rule AGENCY: Surface Transportation Board. ACTION: Interim final rule. ----------------------------------------------------------------------- SUMMARY: The Surface Transportation Board (Board) is issuing an interim final rule to adjust the Board's civil monetary penalties for inflation pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. As mandated by that act, the Board is issuing a ``catch-up adjustment'' for its penalties and will thereafter make annual inflation adjustments according to a specified formula. DATES: This interim final rule is effective on October 20, 2016. FOR FURTHER INFORMATION CONTACT: Allison Davis: (202) 245-0378. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. SUPPLEMENTARY INFORMATION: I. Background On November 2, 2015, the President signed the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), passed as part of the Bipartisan Budget Act of 2015, Public Law 114-74, 129 Stat. 599. The 2015 Act further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (1990 Act), Public Law 101-410, 104 Stat. 890 (codified as amended at 28 U.S.C. 2461 note), as previously amended by the Debt Collection Improvement Act of 1996 (1996 Act), Public Law 104-134, 110 Stat. 1321, in order to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect.\1\ --------------------------------------------------------------------------- \1\ A ``civil monetary penalty'' is defined by the 1990 Act as: ``any penalty, fine, or other sanction that--(A)(i) is for a specific monetary amount as provided by Federal law; or (ii) has a maximum amount provided for by Federal law; and (B) is assessed or enforced by an agency pursuant to Federal law; and (C) is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts.'' See also 49 CFR 1022.2(b). --------------------------------------------------------------------------- The 1996 Act required each federal agency to adopt regulations at least once every four years that adjust for inflation the maximum amount of civil monetary penalties under the statutes administered by the agency. In accordance with the 1996 Act, the Board increased its existing civil monetary penalties, which had not been adjusted for inflation since they were prescribed [[Page 72540]] in the ICC Termination Act of 1995 (ICCTA), Public Law 104-88, 109 Stat. 803, by 10%, through a final rule issued in the main docket of this proceeding on October 22, 2012. The 2015 Act requires agencies to adjust their civil monetary penalties for inflation through an initial ``catch-up adjustment.'' \2\ The 2015 Act requires that this adjustment be issued through an interim final rulemaking and sets forth a specific methodology to calculate the adjustment. To arrive at the adjusted penalty, the agency must multiply the penalty amount when it was established or last adjusted by Congress, excluding adjustments under the 1990 Act, by a multiplier that is based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for the month of October in the year the penalty amount was established or last adjusted by Congress, and the October 2015 CPI-U.\3\ As mandated by statute, penalty level adjustments should be rounded to the nearest dollar, and the initial increase of penalties shall not exceed 150%. --------------------------------------------------------------------------- \2\ Under the 2015 Act, the initial penalty adjustments were to take effect no later than August 1, 2016. The rules issued here will take effect immediately upon publication. \3\ The Office of Management and Budget issued guidance to agencies on implementing the catch-up adjustments and provided multipliers to adjust the penalty level based on the year the penalty was established or last adjusted pursuant to law. See Memorandum from the Office of Management and Budget, M-16-06, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Feb. 24, 2016). --------------------------------------------------------------------------- Following the catch-up adjustment, the 2015 Act then directs agencies to adjust their civil penalties for inflation annually, beginning on January 15, 2017, and no later than January 15 of every year thereafter. Annual inflation adjustments will be based on the percent change between the October CPI-U preceding the date of the adjustment and the prior year's October CPI-U. As with the catch-up adjustment, penalty level adjustments should be rounded to the nearest dollar. II. Discussion The statutory definition of civil monetary penalty covers the civil penalty provisions under the Rail Carrier (Part A), Motor and Water Carriers (Part B), and Pipeline Carrier (Part C) provisions of the Interstate Commerce Act, as amended by ICCTA. 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- 14915. The Board's penalty authority related to pipeline carriers appears at 49 U.S.C. 16101-16106.\4\ --------------------------------------------------------------------------- \4\ The Board also has 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 interim final rule, the Board is amending 49 CFR pt. 1022 so that its regulations and civil monetary penalties conform to the requirements of the 2015 Act. The adjusted penalties set forth in the rule will apply only to violations which occur after the effective date of this regulation. III. Interim Final Rule The interim final rule is set forth at the end of this decision. This interim final rule is issued without prior public notice or opportunity for public comment. The Administrative Procedure Act (APA), 5 U.S.C. 553(b)(B), 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 the catch-up inflation adjustment through an interim final rule. 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. The Board simply determines the amount of inflation adjustments by performing technical, ministerial computations. Because the Board has no discretion to do anything except promulgate the rule and perform ministerial computations to apply it, public comment would serve no useful purpose. Accordingly, 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. The following chart shows the relevant statutory provision and penalty description, the baseline penalty, the values used in the calculations, the relevant cap imposed by the 2015 Act for the catch-up adjustment,\5\ and the rounded catch-up adjustment. --------------------------------------------------------------------------- \5\ All of the applicable penalty adjustments fell below the 150% cap on the catch-up adjustments. -------------------------------------------------------------------------------------------------------------------------------------------------------- Civil monetary Adjusted penalty U.S. Code citation penalty description Baseline penalty Multiplier (year) Multiplier result 2015 Act cap amount -------------------------------------------------------------------------------------------------------------------------------------------------------- Rail Carrier Civil Penalties -------------------------------------------------------------------------------------------------------------------------------------------------------- 49 U.S.C. 11901(a)................ Unless otherwise $5,000 1.50245 (1996) $7,512 $13,750 $7,512 specified, maximum penalty for each knowing violation under this part, and for each day. 49 U.S.C. 11901(b)................ For each violation $500 1.50245 (1996) $751 $1,375 $751 under section 11124(a)(2) or (b). 49 U.S.C. 11901(b)................ For each day $25 1.50245 (1996) $38 $69 $38 violation continues. 49 U.S.C. 11901(c)................ Maximum penalty for $5,000 1.50245 (1996) $7,512 $13,750 $7,512 each knowing violation under sections 10901-10906. [[Page 72541]] 49 U.S.C. Sec. 11901(d)......... For each violation $100-$500 1.50245 (1996) $150-$751 $275-$1,375 $150-$751 under sections 11123 or 11124(a)(1). 49 U.S.C. 11901(d)................ For each day $50 1.50245 (1996) $75 $138 $75 violation continues. 49 U.S.C. 11901(e)(1)............. For each violation $500 1.50245 (1996) $751 $1,375 $751 under sections 11141- 11145. 49 U.S.C. 11901(e)(2)............. For each violation $100 1.50245 (1996) $150 $275 $150 under section 11144(b)(1). 49 U.S.C. 11901(e)(3-4)........... For each violation of $100 1.50245 (1996) $150 $275 $150 reporting requirements, for each day. -------------------------------------------------------------------------------------------------------------------------------------------------------- Motor and Water Carrier Civil Penalties -------------------------------------------------------------------------------------------------------------------------------------------------------- 49 U.S.C. 14901(a)................ Minimum penalty for $1,000 1.02819 (2012) $1,028 n/a $1,028 each violation and for each day. 49 U.S.C. 14901(a)................ For each violation $10,000 1.02819 (2012) $10,282 n/a $10,282 under sections 13901 or 13902(c). 49 U.S.C. 14901(a)................ For each violation $25,000 1.02819 (2012) $25,705 n/a $25,705 related to transportation of passengers. 49 U.S.C. 14901(b)................ For each violation of $20,000-$40,000 1.02819 (2012) $20,564-$41,128 n/a $20,564-$41,128 the hazardous waste rules under section 3001 of the Solid Waste Disposal Act. 49 U.S.C. 14901(d)(1)............. Minimum penalty for $1,000 1.50245 (1996) $1,502 $2,750 $1,502 each violation of household good regulations, and for each day. 49 U.S.C. 14901(d)(2)............. Minimum penalty for $10,000 1.50245 (1996) $15,025 $27,500 $15,025 each instance of transportation of household goods if broker provides estimate without carrier agreement. 49 U.S.C. 14901(d)(3)............. Minimum penalty for $25,000 1.50245 (1996) $37,561 $68,750 $37,561 each instance of transportation of household goods without being registered. 49 U.S.C. 14901(e)................ Minimum penalty for $2,000 1.50245 (1996) $3,005 $5,500 $3,005 each violation of a transportation rule. 49 U.S.C. 14901(e)................ Minimum penalty for $5,000 1.50245 (1996) $7,512 $13,750 $7,512 each additional violation. 49 U.S.C. 14903(a)................ Maximum penalty for $100,000 1.50245 (1996) $150,245 $275,000 $150,245 undercharge or overcharge of tariff rate, for each violation. [[Page 72542]] 49 U.S.C. 14904(a)................ For first violation, $200 1.50245 (1996) $300 $550 $300 rebates at less than the rate in effect. 49 U.S.C. 14904(a)................ For all subsequent $250 1.50245 (1996) $376 $688 $376 violations. 49 U.S.C. 14904(b)(1)............. Maximum penalty for $500 1.50245 (1996) $751 $1,375 $751 first violation for undercharges by freight forwarders. 49 U.S.C. 14904(b)(1)............. Maximum penalty for $2,000 1.50245 (1996) $3,005 $5,500 $3,005 subsequent violations. 49 U.S.C. 14904(b)(2)............. Maximum penalty for $500 1.50245 (1996) $751 $1,375 $751 other first violations under Sec. 13702. 49 U.S.C. 14904(b)(2)............. Maximum penalty for $2,000 1.50245 (1996) $3,005 $5,500 $3,005 subsequent violations. 49 U.S.C. 14905(a)................ Maximum penalty for $10,000 1.50245 (1996) $15,025 $27,500 $15,025 each knowing violation of section 14103(a), and knowingly authorizing, consenting to, or permitting a violation of section 14103(a) & (b). 49 U.S.C. 14906................... Minimum penalty for $2,000 1.02819 (2012) $2,056 n/a $2,056 first attempt to evade regulation. 49 U.S.C. Sec. 14906............ Minimum amount for $5,000 1.02819 (2012) $5,141 n/a $5,141 each subsequent attempt to evade regulation. 49 U.S.C. 14907................... Maximum penalty for $5,000 1.50245 (1996) $7,512 $13,750 $7,512 recordkeeping/ reporting violations. 49 U.S.C. 14908(a)(2)............. Maximum penalty for $2,000 1.50245 (1996) $3,005 $5,500 $3,005 violation of section 14908(a)(1). 49 U.S.C. Sec. 14910............ When another civil $500 1.50245 (1996) $751 $1,375 $751 penalty is not specified under this part, for each violation, for each day. 49 U.S.C. 14915(a)(1) & (2)....... Minimum penalty for $10,000 1.19397 (2005) $11,940 $27,500 $11,940 holding a household goods shipment hostage, for each day. -------------------------------------------------------------------------------------------------------------------------------------------------------- Pipeline Carrier Civil Penalties -------------------------------------------------------------------------------------------------------------------------------------------------------- 49 U.S.C. Sec. 16101(a)......... Maximum penalty for $5,000 1.50245 (1996) $7,512 $13,750 $7,512 violation of this part, for each day. [[Page 72543]] 49 U.S.C. 16101(b)(1) & (4)....... For each $500 1.50245 (1996) $751 $1,375 $751 recordkeeping violation under section 15722, each day. 49 U.S.C. 16101(b)(2) & (4)....... For each inspection $100 1.50245 (1996) $150 $275 $150 violation liable under section 15722, each day. 49 U.S.C. 16101(b)(3) & (4)....... For each reporting $100 1.50245 (1996) $150 $275 $150 violation under section 15723, each day. 49 U.S.C. 16103(a)................ Maximum penalty for $1,000 1.50245 (1996) $1,502 $2,750 $1,502 improper disclosure of information. -------------------------------------------------------------------------------------------------------------------------------------------------------- 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. 801 et seq., 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. Paperwork Reduction Act This interim 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 et seq. 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 interim final rule will be published in the Federal Register. 2. This decision is effective on its date of service. Decided: October 12, 2016. By the Board, Chairman Elliott, Vice Chairman Miller, and Commissioner Begeman. 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, 16101, 16103. 0 2. Revise Sec. 1022.1 to read as follows: Sec. 1022.1 Scope and purpose. The purpose of this part is to establish a method to adjust for inflation the civil monetary penalties provided by law within the jurisdiction of the Board, in conformity with the Federal Civil Penalties Inflation Adjustment Act of 1990, Public Law 101-410, 104 Stat. 890 (codified as amended at 28 U.S.C. 2461 note), as amended by the Debt Collection Improvement Act of 1996, Public Law 104-134, 110 Stat. 1321, and further amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, Public Law 114-74, 129 Stat. 599. These penalties shall be subject to review and adjustment annually using the method specified in this part. 0 3. Amend Sec. 1022.2 as follows: 0 a. Revise paragraph (d). 0 b. Add paragraph (e). The revisions read as follows: Sec. 1022.2 Definitions. * * * * * (d) Cost-of-Living Adjustment means the percentage (if any) by which the Consumer Price Index for the month of October preceding the adjustment exceeds the Consumer Price Index for the month of October one year before the month of October preceding date of the adjustment. (e) Initial Cost-of-Living Adjustment means, for each civil monetary penalty, the percentage (if any) by which the Consumer Price Index for the month of October 2015 exceeds the Consumer Price Index of the month of October of the calendar year during which the amount of such civil monetary penalty was established or adjusted under a provision of law. 0 4. Amend Sec. 1022.3 by revising the introductory text to read as follows: Sec. 1022.3 Civil monetary penalty inflation adjustment. The Board shall, immediately, and at least every year thereafter-- * * * * * 0 5. Revise Sec. 1022.4 to read as follows: Sec. 1022.4 Cost-of living adjustments of civil monetary penalties. (a) The inflation adjustment under Sec. 1022.3 will initially be determined by increasing each maximum civil monetary penalty by the initial cost-of-living adjustment. Not later than January 15 of every year thereafter, the inflation adjustment will subsequently be determined by increasing the maximum civil monetary penalty for each civil monetary penalty by the cost-of-living adjustment. Any increase determined under this section shall be rounded to the nearest dollar. (b) The initial cost-of-living inflation adjustment required by the statute results in the following adjustments to the civil monetary penalties within the jurisdiction of the Board: [[Page 72544]] ---------------------------------------------------------------------------------------------------------------- Civil monetary penalty Baseline penalty Adjusted penalty U.S. Code citation description amount amount (2016) ---------------------------------------------------------------------------------------------------------------- Rail Carrier Civil Penalties ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 11901(a)...................... Unless otherwise specified, $5,000 $7,512 maximum penalty for each knowing violation under this part, and for each day. 49 U.S.C. 11901(b)...................... For each violation under section $500 $751 11124(a)(2) or (b). 49 U.S.C. 11901(b)...................... For each day violation continues $25 $38 49 U.S.C. 11901(c)...................... Maximum penalty for each knowing $5,000 $7,512 violation under section 10901- 10906. 49 U.S.C. 11901(d)...................... For each violation under section $100-$500 $150-$751 11123 or 11124(a)(1). 49 U.S.C. 11901(d)...................... For each day violation continues $50 $75 49 U.S.C. 11901(e)(1)................... For each violation under section $500 $751 s 11141-11145. 49 U.S.C. 11901(e)(2)................... For each violation under section $100 $150 11144(b)(1). 49 U.S.C. 11901(e)(3-4)................. For each violation of reporting $100 $150 requirements, for each day. ---------------------------------------------------------------------------------------------------------------- Motor and Water Carrier Civil Penalties ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 14901(a)...................... Minimum penalty for each $1,000 $1,028 violation and for each day. 49 U.S.C. 14901(a)...................... For each violation under $10,000 $10,282 sections 13901 or 13902(c). 49 U.S.C. 14901(a)...................... For each violation related to $25,000 $25,705 transportation of passengers. 49 U.S.C. 14901(b)...................... For each violation of the $20,000-$40,000 $20,564-$41,128 hazardous waste rules under section 3001 of the Solid Waste Disposal Act. 49 U.S.C. 14901(d)(1)................... Minimum penalty for each $1,000 $1,502 violation of household good regulations, and for each day. 49 U.S.C. 14901(d)(2)................... Minimum penalty for each $10,000 $15,025 instance of transportation of household goods if broker provides estimate without carrier agreement. 49 U.S.C. 14901(d)(3)................... Minimum penalty for each $25,000 $37,561 instance of transportation of household goods without being registered. 49 U.S.C. 14901(e)...................... Minimum penalty for each $2,000 $3,005 violation of a transportation rule. 49 U.S.C. 14901(e)...................... Minimum penalty for each $5,000 $7,512 additional violation. 49 U.S.C. 14903(a)...................... Maximum penalty for undercharge $100,000 $150,245 or overcharge of tariff rate, for each violation. 49 U.S.C. 14904(a)...................... For first violation, rebates at $200 $300 less than the rate in effect. 49 U.S.C. 14904(a)...................... For all subsequent violations... $250 $376 49 U.S.C. 14904(b)(1)................... Maximum penalty for first $500 $751 violation for undercharges by freight forwarders. 49 U.S.C. 14904(b)(1)................... Maximum penalty for subsequent $2,000 $3,005 violations. 49 U.S.C. 14904(b)(2)................... Maximum penalty for other first $500 $751 violations under section 13702. 49 U.S.C. 14904(b)(2)................... Maximum penalty for subsequent $2,000 $3,005 violations. 49 U.S.C. 14905(a)...................... Maximum penalty for each knowing $10,000 $15,025 violation of section 14103(a), and knowingly authorizing, consenting to, or permitting a violation of section 14103(a) & (b). 49 U.S.C. 14906......................... Minimum penalty for first $2,000 $2,056 attempt to evade regulation. 49 U.S.C. 14906......................... Minimum amount for each $5,000 $5,141 subsequent attempt to evade regulation. 49 U.S.C. 14907......................... Maximum penalty for $5,000 $7,512 recordkeeping/reporting violations. 49 U.S.C. 14908(a)(2)................... Maximum penalty for violation of $2,000 $3,005 section 14908(a)(1). 49 U.S.C. 14910......................... When another civil penalty is $500 $751 not specified under this part, for each violation, for each day. 49 U.S.C. 14915(a)(1) & (2)............. Minimum penalty for holding a $10,000 $11,940 household goods shipment hostage, for each day. ---------------------------------------------------------------------------------------------------------------- Pipeline Carrier Civil Penalties ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 16101(a)...................... Maximum penalty for violation of $5,000 $7,512 this part, for each day. 49 U.S.C. 16101(b)(1) & (4)............. For each recordkeeping violation $500 $751 under section 15722, each day. 49 U.S.C. 16101(b)(2) & (4)............. For each inspection violation $100 $150 liable under section 15722, each day. 49 U.S.C. 16101(b)(3) & (4)............. For each reporting violation $100 $150 under section 15723, each day. 49 U.S.C. 16103(a)...................... Maximum penalty for improper $1,000 $1,502 disclosure of information. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2016-25273 Filed 10-19-16; 8:45 am] BILLING CODE 4915-01-P
![Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations 72539
phenyl-5-(3-(trifluoromethyl)phenyl)- to this action. In addition, this action SURFACE TRANSPORTATION BOARD
4(1H)-pyridinone, in or on cotton, gin does not impose any enforceable duty or
byproducts at 0.1 ppm. contain any unfunded mandate as 49 CFR Part 1022
described under Title II of the Unfunded [Docket No. EP 716 (Sub-No. 1)]
VI. Statutory and Executive Order
Mandates Reform Act (UMRA) (2 U.S.C.
Reviews
1501 et seq.). Civil Monetary Penalty Inflation
This action establishes tolerances Adjustment Rule
under FFDCA section 408(d) in This action does not involve any
response to a petition submitted to the technical standards that would require AGENCY: Surface Transportation Board.
Agency. The Office of Management and Agency consideration of voluntary
ACTION: Interim final rule.
Budget (OMB) has exempted these types consensus standards pursuant to section
of actions from review under Executive 12(d) of the National Technology SUMMARY: The Surface Transportation
Order 12866, entitled ‘‘Regulatory Transfer and Advancement Act Board (Board) is issuing an interim final
Planning and Review’’ (58 FR 51735, (NTTAA) (15 U.S.C. 272 note). rule to adjust the Board’s civil monetary
October 4, 1993). Because this action VII. Congressional Review Act penalties for inflation pursuant to the
has been exempted from review under Federal Civil Penalties Inflation
Executive Order 12866, this action is Pursuant to the Congressional Review Adjustment Act Improvements Act of
not subject to Executive Order 13211, Act (5 U.S.C. 801 et seq.), EPA will 2015. As mandated by that act, the
entitled ‘‘Actions Concerning submit a report containing this rule and Board is issuing a ‘‘catch-up
Regulations That Significantly Affect other required information to the U.S. adjustment’’ for its penalties and will
Energy Supply, Distribution, or Use’’ (66 Senate, the U.S. House of thereafter make annual inflation
FR 28355, May 22, 2001) or Executive Representatives, and the Comptroller adjustments according to a specified
Order 13045, entitled ‘‘Protection of General of the United States prior to formula.
Children from Environmental Health publication of the rule in the Federal DATES: This interim final rule is
Risks and Safety Risks’’ (62 FR 19885, Register. This action is not a ‘‘major effective on October 20, 2016.
April 23, 1997). This action does not rule’’ as defined by 5 U.S.C. 804(2).
FOR FURTHER INFORMATION CONTACT:
contain any information collections
List of Subjects in 40 CFR Part 180 Allison Davis: (202) 245–0378. Federal
subject to OMB approval under the
Information Relay Service (FIRS) for the
Paperwork Reduction Act (PRA) (44 Environmental protection, hearing impaired: 1–800–877–8339.
U.S.C. 3501 et seq.), nor does it require Administrative practice and procedure,
any special considerations under SUPPLEMENTARY INFORMATION:
Agricultural commodities, Pesticides
Executive Order 12898, entitled and pests, Reporting and recordkeeping I. Background
‘‘Federal Actions to Address requirements.
Environmental Justice in Minority On November 2, 2015, the President
Populations and Low-Income Dated: October 7, 2016. signed the Federal Civil Penalties
Populations’’ (59 FR 7629, February 16, Daniel J. Rosenblatt, Inflation Adjustment Act Improvements
1994). Acting Director, Registration Division, Office
Act of 2015 (2015 Act), passed as part
Since tolerances and exemptions that of Pesticide Programs. of the Bipartisan Budget Act of 2015,
are established on the basis of a petition Public Law 114–74, 129 Stat. 599. The
under FFDCA section 408(d), such as Therefore, 40 CFR chapter I is 2015 Act further amended the Federal
the tolerances in this final rule, do not amended as follows: Civil Penalties Inflation Adjustment Act
require the issuance of a proposed rule, of 1990 (1990 Act), Public Law 101–410,
the requirements of the Regulatory PART 180—[AMENDED] 104 Stat. 890 (codified as amended at 28
Flexibility Act (RFA) (5 U.S.C. 601 et U.S.C. 2461 note), as previously
seq.), do not apply. ■ 1. The authority citation for part 180 amended by the Debt Collection
This action directly regulates growers, continues to read as follows: Improvement Act of 1996 (1996 Act),
food processors, food handlers, and food Public Law 104–134, 110 Stat. 1321, in
Authority: 21 U.S.C. 321(q), 346a and 371.
retailers, not States or tribes, nor does order to improve the effectiveness of
this action alter the relationships or ■ 2. In § 180.420, in paragraph (a)(2) add civil monetary penalties and to maintain
distribution of power and an entry ‘‘Cotton, gin byproducts’’ in their deterrent effect.1
responsibilities established by Congress alphabetical order to read as follows: The 1996 Act required each federal
in the preemption provisions of FFDCA agency to adopt regulations at least once
section 408(n)(4). As such, the Agency § 180.420 Fluridone; tolerances for every four years that adjust for inflation
has determined that this action will not residues. the maximum amount of civil monetary
have a substantial direct effect on States penalties under the statutes
(a) * * *
or tribal governments, on the administered by the agency. In
relationship between the national (2) * * * accordance with the 1996 Act, the Board
government and the States or tribal increased its existing civil monetary
Parts per penalties, which had not been adjusted
governments, or on the distribution of Commodity million
power and responsibilities among the for inflation since they were prescribed
various levels of government or between
asabaliauskas on DSK3SPTVN1PROD with RULES
1 A ‘‘civil monetary penalty’’ is defined by the
the Federal Government and Indian * * * * *
1990 Act as: ‘‘any penalty, fine, or other sanction
tribes. Thus, the Agency has determined Cotton, gin byproducts ......... 0.1 that—(A)(i) is for a specific monetary amount as
that Executive Order 13132, entitled provided by Federal law; or (ii) has a maximum
‘‘Federalism’’ (64 FR 43255, August 10, * * * * * amount provided for by Federal law; and (B) is
1999) and Executive Order 13175, assessed or enforced by an agency pursuant to
* * * * * Federal law; and (C) is assessed or enforced
entitled ‘‘Consultation and Coordination pursuant to an administrative proceeding or a civil
with Indian Tribal Governments’’ (65 FR [FR Doc. 2016–25291 Filed 10–19–16; 8:45 am]
action in the Federal courts.’’ See also 49 CFR
67249, November 9, 2000) do not apply BILLING CODE 6560–50–P 1022.2(b).
VerDate Sep<11>2014 15:55 Oct 19, 2016 Jkt 241001 PO 00000 Frm 00059 Fmt 4700 Sfmt 4700 E:\FR\FM\20OCR1.SGM 20OCR1](https://thefederalregister.org/doc/81_FR_72742/page/1.svg)
![72544 Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations
Baseline penalty Adjusted penalty
U.S. Code citation Civil monetary penalty description amount amount (2016)
Rail Carrier Civil Penalties
49 U.S.C. 11901(a) ...................... Unless otherwise specified, maximum penalty for each knowing $5,000 $7,512
violation under this part, and for each day.
49 U.S.C. 11901(b) ...................... For each violation under section 11124(a)(2) or (b) ......................... $500 $751
49 U.S.C. 11901(b) ...................... For each day violation continues ...................................................... $25 $38
49 U.S.C. 11901(c) ...................... Maximum penalty for each knowing violation under section 10901– $5,000 $7,512
10906.
49 U.S.C. 11901(d) ...................... For each violation under section 11123 or 11124(a)(1) ................... $100–$500 $150–$751
49 U.S.C. 11901(d) ...................... For each day violation continues ...................................................... $50 $75
49 U.S.C. 11901(e)(1) ................. For each violation under section s 11141–11145 ............................ $500 $751
49 U.S.C. 11901(e)(2) ................. For each violation under section 11144(b)(1) ................................... $100 $150
49 U.S.C. 11901(e)(3–4) ............. For each violation of reporting requirements, for each day ............. $100 $150
Motor and Water Carrier Civil Penalties
49 U.S.C. 14901(a) ...................... Minimum penalty for each violation and for each day ...................... $1,000 $1,028
49 U.S.C. 14901(a) ...................... For each violation under sections 13901 or 13902(c) ...................... $10,000 $10,282
49 U.S.C. 14901(a) ...................... For each violation related to transportation of passengers .............. $25,000 $25,705
49 U.S.C. 14901(b) ...................... For each violation of the hazardous waste rules under section $20,000–$40,000 $20,564–$41,128
3001 of the Solid Waste Disposal Act.
49 U.S.C. 14901(d)(1) ................. Minimum penalty for each violation of household good regulations, $1,000 $1,502
and for each day.
49 U.S.C. 14901(d)(2) ................. Minimum penalty for each instance of transportation of household $10,000 $15,025
goods if broker provides estimate without carrier agreement.
49 U.S.C. 14901(d)(3) ................. Minimum penalty for each instance of transportation of household $25,000 $37,561
goods without being registered.
49 U.S.C. 14901(e) ...................... Minimum penalty for each violation of a transportation rule ............ $2,000 $3,005
49 U.S.C. 14901(e) ...................... Minimum penalty for each additional violation .................................. $5,000 $7,512
49 U.S.C. 14903(a) ...................... Maximum penalty for undercharge or overcharge of tariff rate, for $100,000 $150,245
each violation.
49 U.S.C. 14904(a) ...................... For first violation, rebates at less than the rate in effect .................. $200 $300
49 U.S.C. 14904(a) ...................... For all subsequent violations ............................................................ $250 $376
49 U.S.C. 14904(b)(1) ................. Maximum penalty for first violation for undercharges by freight for- $500 $751
warders.
49 U.S.C. 14904(b)(1) ................. Maximum penalty for subsequent violations ..................................... $2,000 $3,005
49 U.S.C. 14904(b)(2) ................. Maximum penalty for other first violations under section 13702 ...... $500 $751
49 U.S.C. 14904(b)(2) ................. Maximum penalty for subsequent violations ..................................... $2,000 $3,005
49 U.S.C. 14905(a) ...................... Maximum penalty for each knowing violation of section 14103(a), $10,000 $15,025
and knowingly authorizing, consenting to, or permitting a viola-
tion of section 14103(a) & (b).
49 U.S.C. 14906 .......................... Minimum penalty for first attempt to evade regulation ..................... $2,000 $2,056
49 U.S.C. 14906 .......................... Minimum amount for each subsequent attempt to evade regulation $5,000 $5,141
49 U.S.C. 14907 .......................... Maximum penalty for recordkeeping/reporting violations ................. $5,000 $7,512
49 U.S.C. 14908(a)(2) ................. Maximum penalty for violation of section 14908(a)(1) ..................... $2,000 $3,005
49 U.S.C. 14910 .......................... When another civil penalty is not specified under this part, for each $500 $751
violation, for each day.
49 U.S.C. 14915(a)(1) & (2) ........ Minimum penalty for holding a household goods shipment hos- $10,000 $11,940
tage, for each day.
Pipeline Carrier Civil Penalties
49 U.S.C. 16101(a) ...................... Maximum penalty for violation of this part, for each day ................. $5,000 $7,512
49 U.S.C. 16101(b)(1) & (4) ........ For each recordkeeping violation under section 15722, each day .. $500 $751
49 U.S.C. 16101(b)(2) & (4) ........ For each inspection violation liable under section 15722, each day $100 $150
49 U.S.C. 16101(b)(3) & (4) ........ For each reporting violation under section 15723, each day ........... $100 $150
49 U.S.C. 16103(a) ...................... Maximum penalty for improper disclosure of information ................. $1,000 $1,502
[FR Doc. 2016–25273 Filed 10–19–16; 8:45 am]
BILLING CODE 4915–01–P
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![Federal Register / Vol. 81, No. 203 / Thursday, October 20, 2016 / Rules and Regulations 72545
DEPARTMENT OF COMMERCE November 19, 2013; 79 FR 9880, five threat factors: The present or
February 21, 2014; and 79 FR 10104, threatened destruction, modification, or
National Oceanic and Atmospheric February 24, 2014). On September 23, curtailment of its habitat or range;
Administration 50 CFR Parts 223 and 2015, we published a proposed rule to overutilization for commercial,
224 list the gulf grouper (Mycteroperca recreational, scientific, or educational
jordani) as an endangered species and purposes; disease or predation; the
[Docket No. 150527481–6928–02]
the island grouper (Mycteroperca fusca) inadequacy of existing regulatory
RIN 0648–XD971 as a threatened species (80 FR 57314). mechanisms; or other natural or
We requested public comment on the manmade factors affecting its continued
Endangered and Threatened Wildlife information in the draft status review
and Plants: Final Rule To List the existence. We are also required to make
and proposed rule, and the comment
Island Grouper (Mycteroperca fusca) listing determinations based solely on
period was open through November 23,
as Threatened and the Gulf Grouper 2015. This final rule provides a the best scientific and commercial data
(Mycteroperca jordani) as Endangered discussion of the information we available, after conducting a review of
Under the Endangered Species Act received during the public comment the species’ status and after taking into
period and our final determinations on account efforts being made by any State
AGENCY: National Marine Fisheries or foreign nation to protect the species.
the petition to list the gulf grouper and
Service (NMFS), National Oceanic and
island grouper under the ESA. The In making a listing determination, we
Atmospheric Administration (NOAA), status of the findings and relevant
Commerce. first determine whether a petitioned
Federal Register notices for the other 22 species meets the ESA definition of a
ACTION: Final rule. species and 3 subpopulations can be ‘‘species.’’ Next, using the best available
found on our Web site at http:// information gathered during the status
SUMMARY: We, NMFS, issue a final rule
www.nmfs.noaa.gov/pr/species/ review for the species, we complete a
to list two foreign grouper species under
petition81.htm. status and extinction risk assessment. In
the Endangered Species Act (ESA). We
considered comments submitted on the Listing Species Under the Endangered assessing extinction risk for these two
proposed listing rule and have Species Act grouper species, we considered the
determined that the gulf grouper We are responsible for determining demographic viability factors developed
(Mycteroperca jordani) and the island whether species are threatened or by McElhany et al. (2000). The approach
grouper (Mycteroperca fusca) warrant endangered under the ESA (16 U.S.C. of considering demographic risk factors
listing as endangered and threatened 1531 et seq.). To make this to help frame the consideration of
species, respectively. We will not determination, we first consider extinction risk has been used in many
designate critical habitat for either of whether a group of organisms of our status reviews, including for
these species because the geographical constitutes a ‘‘species’’ under the ESA, Pacific salmonids, Pacific hake, walleye
areas occupied by these species are then whether the status of the species pollock, Pacific cod, Puget Sound
entirely outside U.S. jurisdiction, and qualifies it for listing as either rockfishes, Pacific herring, scalloped
we have not identified any unoccupied threatened or endangered. Section 3 of hammerhead sharks, and black abalone
areas within U.S. jurisdiction that are the ESA defines a ‘‘species’’ to include (see http://www.nmfs.noaa.gov/pr/
currently essential to the conservation ‘‘any subspecies of fish or wildlife or species/ for links to these reviews). In
of either of these species. plants, and any distinct population this approach, the collective condition
DATES: This final rule is effective segment of any species of vertebrate fish of individual populations is considered
November 21, 2016. or wildlife which interbreeds when at the species level according to four
ADDRESSES: Chief, Endangered Species mature.’’
Section 3 of the ESA defines an viable population descriptors:
Division, NMFS Office of Protected Abundance, growth rate/productivity,
Resources (F/PR3), 1315 East West endangered species as ‘‘any species
which is in danger of extinction spatial structure/connectivity, and
Highway, Silver Spring, MD 20910. diversity. These viable population
throughout all or a significant portion of
FOR FURTHER INFORMATION CONTACT: descriptors reflect concepts that are
its range’’ and a threatened species as
Marta Nammack, NMFS, Office of one ‘‘which is likely to become an well-founded in conservation biology
Protected Resources (OPR), (301) 427– endangered species within the and that individually and collectively
8469. foreseeable future throughout all or a provide strong indicators of extinction
SUPPLEMENTARY INFORMATION: significant portion of its range.’’ We risk (NMFS 2015).
interpret an endangered species to be We then assess efforts being made to
Background
one that is presently in danger of protect the species to determine if these
On July 15, 2013, we received a extinction. A threatened species, on the conservation efforts are adequate to
petition from WildEarth Guardians to other hand, is not presently in danger of mitigate the existing threats. Section
list 81 marine species or subpopulations extinction, but is likely to become so in 4(b)(1)(A) of the ESA requires the
as threatened or endangered under the the foreseeable future (that is, at a later Secretary, when making a listing
ESA. This petition included species time). In other words, the primary
determination for a species, to take into
from many different taxonomic groups, statutory difference between a
and we prepared our 90-day findings in consideration those efforts, if any, being
threatened and endangered species is
made by any State or foreign nation to
asabaliauskas on DSK3SPTVN1PROD with RULES
batches by taxonomic group. We found the timing of when a species may be in
that the petitioned actions may be protect the species.
danger of extinction, either presently
warranted for 24 of the species and 3 of (endangered) or in the foreseeable future Summary of Comments
the subpopulations and announced the (threatened).
initiation of status reviews for each of Section 4(a)(1) of the ESA requires us In response to our request for
the 24 species and 3 subpopulations (78 to determine whether any species is comments on the proposed rule, we
FR 63941, October 25, 2013; 78 FR endangered or threatened due to any received comments from eight parties.
66675, November 6, 2013; 78 FR 69376, one or a combination of the following All commenters presented general
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Document Created: 2016-10-21 09:58:57
Document Modified: 2016-10-21 09:58:57
| 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 | This interim final rule is effective on October 20, 2016. | |
| Contact | Allison Davis: (202) 245-0378. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. | |
| FR Citation | 81 FR 72539 | |
| CFR Associated | Administrative Practice and Procedures; Brokers; Civil Penalties; Freight Forwarders; Motor Carriers; Pipeline Carriers; Rail Carriers and Water Carriers |
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