82 FR 18397 - Hazardous Materials: Revision of Maximum and Minimum Civil Penalties
DEPARTMENT OF TRANSPORTATION
Pipeline and Hazardous Materials Safety Administration Federal Register Volume 82, Issue 74 (April 19, 2017)
Pipeline and Hazardous Materials Safety Administration
Federal Register Volume 82, Issue 74 (April 19, 2017)
| Page Range | 18397-18400 | |
| FR Document | 2017-07908 |
[Federal Register Volume 82, Number 74 (Wednesday, April 19, 2017)] [Rules and Regulations] [Pages 18397-18400] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-07908] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107 and 171 [Docket No. PHMSA-2016-0041 (HM-258D)] RIN 2137-AF23 Hazardous Materials: Revision of Maximum and Minimum Civil Penalties AGENCY: Pipeline and Hazardous Materials Safety Administration (PHMSA), DOT. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: PHMSA is revising the maximum and minimum civil penalties for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which amended the Federal Civil Penalties Inflation Adjustment Act of 1990, required Agencies to update their civil monetary penalties in August 2016 through an interim final rulemaking. PHMSA has elected to do the 2017 update in a final rulemaking. Per this final rule, the maximum civil penalty for a knowing violation is now $78,376, except for violations that result in death, serious illness, or severe injury to any person or substantial destruction of property, for which the maximum civil penalty is $182,877. In addition, the minimum civil penalty amount for a violation relating to training is now $471. DATES: Effective Date: April 19, 2017. FOR FURTHER INFORMATION CONTACT: Shawn Wolsey, Office of Chief Counsel, (202) 366-4400, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. SUPPLEMENTARY INFORMATION: Table of Contents: I. Civil Penalty Amendments II. Justification for Final Rule III. Rulemaking Analyses and Notices A. Statutory/Legal Authority for This Rulemaking B. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures C. Executive Order 13132 D. Executive Order 13175 E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies F. Paperwork Reduction Act G. Unfunded Mandates Reform Act of 1995 H. Environmental Assessment I. Executive Order 13609 and International Trade Analysis J. Privacy Act K. Regulation Identifier Number (RIN) List of Subjects I. Civil Penalty Amendments Section 701 of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (the 2015 Act), Public Law 114-74, which amended the Federal Civil Penalties Inflation Adjustment Act of 1990 (the Inflation Adjustment Act), Public Law 101-410, required that the Agency make an initial catch-up adjustment with subsequent annual adjustments to the maximum and minimum civil penalties set forth in 49 U.S.C. 5123(a) for a knowing violation of the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. These changes to the maximum and minimum civil penalty amounts apply to violations assessed on or after the effective date of August 1, 2016. The 2015 Act also requires that the Agency make subsequent annual adjustments for inflation beginning in 2017, which are to be published no later than January 15th of each subsequent year. The Office of Management and Budget's (OMB) ``Memorandum for the Heads of Executive Departments and Agencies, Implementation of the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015,'' M-17-11, provides guidance on how to update agencies' civil penalties pursuant to the 2015 Act. In order to complete the 2017 annual adjustment, agencies should multiply each applicable penalty by the multiplier (1.01636) and round to the nearest dollar. The multiplier should be applied to the most recent penalty amount, i.e., the one that includes the catch-up adjustment that the 2015 Act required agencies to issue no later than July 1, 2016. Accordingly, PHMSA is revising the references to the maximum and minimum civil penalty amounts in 49 CFR 107.329, appendix A to subpart D of 49 CFR part 107, and 49 CFR 171.1 to reflect the changes required by the 2015 Act:Revising the maximum civil penalty from $77,114 to $78,376 for a person who knowingly violates the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. Revising the maximum civil penalty from $179,933 to $182,877 for a person who knowingly violates the Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law that results in death, serious [[Page 18398]] illness, or severe injury to any person or substantial destruction of property. Revising the minimum penalty amount from $463 to $471 for a violation related to training. II. Justification for Final Rule PHMSA is proceeding directly to a final rule without providing a notice of proposed rulemaking (NPRM) or an opportunity for public comment. This action is permitted, in part, because the 2015 Act directs PHMSA to adjust the civil monetary penalties in accordance with the schedule provided in the 2015 Act, notwithstanding the notice and public comment procedures in the Administrative Procedure Act (APA). However, PHMSA also notes that the APA authorizes agencies to forego providing the opportunity for prior public notice and comment if an agency finds good cause that notice and public comment are ``impracticable, unnecessary, or contrary to the public interest.'' See 5 U.S.C 553(b)(3)(B). In this instance, public comment is unnecessary because, in making these technical amendments, PHMSA is not exercising discretion in a way that could be informed by public comment. PHMSA is required under the 2015 Act and directed by the OMB Guidance to publish this rule by January 15, 2017, with the penalty levels stated herein to take effect on that date. 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 comment procedure would therefore not affect PHMSA's obligation to comply with the 2015 Act, nor would they affect the methods used by PHMSA to adjust the penalty levels. III. Rulemaking Analyses and Notices A. Statutory/Legal Authority for This Rulemaking This final rule is published under the authority of the Federal hazardous materials transportation law. 49 U.S.C. 5101 et seq. Section 5123(a) of which provides civil penalties for knowing violations of Federal hazardous material transportation law or a regulation, order, special permit, or approval issued under that law. This rule revises the references in PHMSA's regulations by (1) revising the maximum penalty amount for a knowing violation and a knowing violation resulting in death, serious illness, or severe injury to any person or substantial destruction of property to $78,376 and $182,877, respectively, and (2) revising the minimum penalty amount to $471 for a violation related to training. B. Executive Order 12866, Executive Order 13563, and DOT Regulatory Policies and Procedures This final rule has been evaluated in accordance with existing policies and procedures and determined to be non-significant under Executive Order 12866, ``Regulatory Planning and Review,'' 58 FR 51735 (Oct. 4, 1993), and Executive Order 13563, ``Improving Regulation and Regulatory Review,'' 76 FR 3821 (Jan. 21, 2011). However, consistent with OMB memorandum M-17-11, this final rule was not reviewed by OMB in order to make a significance determination. Further, this rule is not a significant regulatory action under DOT Regulatory Policies and Procedures. See 44 FR 11034 (Feb. 26, 1979). It is a ministerial act for which the Agency has no discretion. The economic impact of the final rule is minimal to the extent that preparation of a regulatory evaluation is not warranted. Given the low number of penalty actions within the scope of this final rule, the impacts will be very limited. This final rule is being undertaken to address our statutory requirements and imposes no new costs upon persons conducting hazardous materials operations in compliance with the requirements of the Hazardous Materials Regulations (HMR; 49 CFR parts 171-180). Those entities not in compliance with the requirements of the HMR 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. Moreover, as the cost is an inflationary adjustment and the magnitude of the increase is minimal since these penalties were recently enacted, reflected costs are nominal. The amendments in this rule could provide safety benefits (i.e., larger penalties deterring knowing violators). Overall, it is anticipated this rulemaking would have minimal real costs and benefits. C. Executive Order 13132 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132, ``Federalism.'' See 64 FR 43255 (Aug. 10, 1999). This rule does not impose any regulation having substantial direct effects 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. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. D. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175, ``Consultation and Coordination with Indian Tribal Governments.'' See 65 FR 67249 (Nov. 9, 2000). Because this final rule does not have adverse tribal implications and does not impose direct compliance costs, the funding and consultation requirements of Executive Order 13175 do not apply and a tribal summary impact statement is not required. E. Regulatory Flexibility Act, Executive Order 13272, and DOT Procedures and Policies The Regulatory Flexibility Act (RFA), 5 U.S.C. 601-611, requires each agency to analyze regulations and assess their impact on small businesses and 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 rule apply specifically to all businesses transporting hazardous material. Therefore, PHMSA certifies this rule would not have a significant economic impact on a substantial number of small entities. In addition, PHMSA has determined the RFA does not apply to this rulemaking. The 2015 Act requires PHMSA to publish a final rule and does not require PHMSA to complete notice and comment procedures under the APA. The Small Business Administration's A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act (2003), provides that: If, under the APA or any rule of general applicability governing Federal grants to state and local governments, the agency is required to publish a general notice of proposed rulemaking (NPRM), the RFA must be considered [citing 5 U.S.C. 604(a)]. . . . If an NPRM is not required, the RFA does not apply. Therefore, because the 2015 Act does not require an NPRM for this rulemaking, the RFA does not apply. F. Paperwork Reduction Act There are no new information requirements in this final rule. G. Unfunded Mandates Reform Act of 1995 This final rule does not impose unfunded mandates under the Unfunded Mandates Reform Act of 1995. Public Law 104-4. It does not result in costs of $100 million or more, [[Page 18399]] adjusted for inflation, to any of the following: State, local, or Native American tribal governments, or to the private sector. H. Environmental Assessment The National Environmental Policy Act of 1969 (NEPA), as amended, 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. 42 U.S.C. 4321-4375. When developing potential regulatory requirements, PHMSA evaluates those requirements to consider the environmental impact of each amendment. Specifically, PHMSA evaluates the following: Risk of release and resulting environmental impact; risk to human safety, including any risk to first responders; longevity of the packaging; and if the proposed regulation would be carried out in a defined geographic area, the resources, especially any sensitive areas, and how they could be impacted by any proposed regulations. These amendments would be generally applicable and would not be carried out in a defined geographic area. Civil penalties may act as a deterrent to those violating the HMR, and this can have a negligible positive environmental impact as a result of increased compliance. Based on the above discussion, PHMSA concludes there are no significant environmental impacts associated with this final rule. I. Executive Order 13609 and International Trade Analysis Under Executive Order 13609, ``Promoting International Regulatory Cooperation,'' agencies must consider whether the impacts associated with significant variations between domestic and international regulatory approaches are unnecessary or may impair the ability of American business to export and compete internationally. See 77 FR 26413 (May 4, 2012). In meeting shared challenges involving health, safety, labor, security, environmental, and other issues, international regulatory cooperation can identify approaches that are at least as protective as those that are or would be adopted in the absence of such cooperation. International regulatory cooperation can also reduce, eliminate, or prevent unnecessary differences in regulatory requirements. Similarly, the Trade Agreements Act of 1979 (Pub. L. 96-39), as amended by the Uruguay Round Agreements Act (Pub. L. 103-465), prohibits Federal agencies from establishing any standards or engaging in related activities that create unnecessary obstacles to the foreign commerce of the United States. For purposes of these requirements, Federal agencies may participate in the establishment of international standards, so long as the standards have a legitimate domestic objective, such as providing for safety, and do not operate to exclude imports that meet this objective. The statute also requires consideration of international standards and, where appropriate, that they be the basis for U.S. standards. PHMSA participates in the establishment of international standards in order to protect the safety of the American public, and we have assessed the effects of this final rule to ensure that it does not cause unnecessary obstacles to foreign trade. Accordingly, this rulemaking is consistent with Executive Order 13609 and PHMSA's obligations. J. Privacy Act Anyone is able to search the electronic form of all comments received by any of our dockets using the name of the individual submitting the comments (or signing the comment, 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 (65 FR 19476), which may be viewed at http://www.thefederalregister.org/fdsys/pkg/FR-2000-04-11/pdf/00-8505.pdf. K. 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 spring and fall of each year. The RIN contained in the heading of this document can be used to cross-reference this action with the Unified Agenda. List of Subjects 49 CFR Part 107 Administrative practices and procedure, Hazardous materials transportation, Packaging and containers, Penalties, Reporting and recordkeeping requirements. 49 CFR Part 171 Definitions, General information, Regulations. In consideration of the foregoing, 49 CFR chapter I is amended as follows: PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES 0 1. The authority citation for part 107 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4; Pub. L. 104-121, sections 212-213; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.97. 0 2. Revise Sec. 107.329 to read as follows: Sec. 107.329 Maximum penalties. (a) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of the chapter, or a special permit or approval issued under this subchapter applicable to the transportation of hazardous materials or the causing of them to be transported or shipped is liable for a civil penalty of not more than $78,376 for each violation, except the maximum civil penalty is $182,877 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $471 for violations relating to training. When the violation is a continuing one, each day of the violation constitutes a separate offense. (b) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of the chapter, or a special permit or approval issued under this subchapter applicable to the design, manufacture, fabrication, inspection, marking, maintenance, reconditioning, repair or testing of a package, container, or packaging component which is represented, marked, certified, or sold by that person as qualified for use in the transportation of hazardous materials in commerce is liable for a civil penalty of not more than $78,376 for each violation, except the maximum civil penalty is $182,877 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $471 for violations relating to training. 3. In appendix A to subpart D of part 107, section II.B. (``Penalty Increases for Multiple Counts''), the first sentence of the second paragraph is revised to read as follows: Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties * * * * * II. * * * B. * * * Under the Federal hazmat law, 49 U.S.C. 5123(a), each violation of the HMR and each day of a continuing violation (except for violations relating [[Page 18400]] to packaging manufacture or qualification) is subject to a civil penalty of up to $78,376 or $182,877 for a violation occurring on or after April 19, 2017. * * * * * * * * PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 0 4. The authority citation for part 171 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.97. 0 5. In Sec. 171.1, paragraph (g) is revised to read as follows: Sec. 171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions. * * * * * (g) Penalties for noncompliance. Each person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued under Federal hazardous material transportation law, subchapter A of this chapter, or a special permit or approval issued under subchapter A or C of this chapter is liable for a civil penalty of not more than $78,376 for each violation, except the maximum civil penalty is $182,877 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $471 for a violation relating to training. Issued in Washington, DC on April 14, 2017, under authority delegated in 49 CFR part 1.97. Howard W. McMillan, Acting Deputy Administrator, Pipeline and Hazardous Materials Safety Administration. [FR Doc. 2017-07908 Filed 4-18-17; 8:45 am] BILLING CODE 4910-60-P
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requirements, Security measures, DEPARTMENT OF TRANSPORTATION I. Executive Order 13609 and International
Waterways. Trade Analysis
Pipeline and Hazardous Materials J. Privacy Act
For the reasons discussed in the Safety Administration K. Regulation Identifier Number (RIN)
preamble, the Coast Guard amends 33 List of Subjects
CFR part 165 as follows: 49 CFR Parts 107 and 171 I. Civil Penalty Amendments
PART 165—REGULATED NAVIGATION [Docket No. PHMSA–2016–0041 (HM–258D)] Section 701 of the Federal Civil
AREAS AND LIMITED ACCESS AREAS RIN 2137–AF23 Penalties Inflation Adjustment Act
Improvements Act of 2015 (the 2015
■ 1. The authority citation for part 165 Hazardous Materials: Revision of Act), Public Law 114–74, which
continues to read as follows: Maximum and Minimum Civil Penalties amended the Federal Civil Penalties
Inflation Adjustment Act of 1990 (the
Authority: 33 U.S.C. 1231; 50 U.S.C. 191; AGENCY: Pipeline and Hazardous Inflation Adjustment Act), Public Law
33 CFR 1.05–1, 6.04–1, 6.04–6, and 160.5; Materials Safety Administration 101–410, required that the Agency make
Department of Homeland Security Delegation (PHMSA), DOT.
No. 0170.1.
an initial catch-up adjustment with
ACTION: Final rule. subsequent annual adjustments to the
■ 2. Add § 165.T13–0313 to read as maximum and minimum civil penalties
SUMMARY: PHMSA is revising the
follows: set forth in 49 U.S.C. 5123(a) for a
maximum and minimum civil penalties
knowing violation of the Federal
§ 165.T13–0313 Safety Zone; Unexploded for a knowing violation of the Federal
hazardous material transportation law
Ordnance Detonation; Naval Base Kitsap; hazardous material transportation law
or a regulation, order, special permit, or
Elwood Point; Bremerton, WA. or a regulation, order, special permit, or
approval issued under that law. These
approval issued under that law. The
(a) Location. The following area is changes to the maximum and minimum
Federal Civil Penalties Inflation
designated as a safety zone: all waters civil penalty amounts apply to
Adjustment Act Improvements Act of
within 500-yard radius of the violations assessed on or after the
2015, which amended the Federal Civil
unexploded ordnance detonation, Naval effective date of August 1, 2016. The
Penalties Inflation Adjustment Act of
Base Kitsap, Elwood Point (47°35′30.8″ 2015 Act also requires that the Agency
1990, required Agencies to update their
N, 122°41′11.1″ W); Bremerton, WA. make subsequent annual adjustments
civil monetary penalties in August 2016
for inflation beginning in 2017, which
(b) Regulations. In accordance with through an interim final rulemaking.
are to be published no later than January
the general regulations in subpart C of PHMSA has elected to do the 2017
15th of each subsequent year.
this part no person or vessel may enter update in a final rulemaking. Per this
final rule, the maximum civil penalty The Office of Management and
or remain in the safety zone unless
for a knowing violation is now $78,376, Budget’s (OMB) ‘‘Memorandum for the
authorized by the Captain of the Port, Heads of Executive Departments and
Puget Sound or a designated except for violations that result in death,
serious illness, or severe injury to any Agencies, Implementation of the Federal
representative. To request permission to Civil Penalties Inflation Adjustment Act
enter the safety zone, contact the Joint person or substantial destruction of
property, for which the maximum civil Improvements Act of 2015,’’ M–17–11,
Harbor Operations Center at 206–217– provides guidance on how to update
penalty is $182,877. In addition, the
6001, or the on-scene patrol craft, if any, agencies’ civil penalties pursuant to the
minimum civil penalty amount for a
via VHF–FM Channel 16. If permission violation relating to training is now 2015 Act. In order to complete the 2017
for entry into the safety zone is granted, $471. annual adjustment, agencies should
vessels or persons must proceed at the multiply each applicable penalty by the
minimum speed for safe navigation and DATES: Effective Date: April 19, 2017. multiplier (1.01636) and round to the
in compliance with any other directions FOR FURTHER INFORMATION CONTACT: nearest dollar. The multiplier should be
given by the Captain of the Port, Puget Shawn Wolsey, Office of Chief Counsel, applied to the most recent penalty
Sound or a designated representative. (202) 366–4400, Pipeline and Hazardous amount, i.e., the one that includes the
Materials Safety Administration, U.S. catch-up adjustment that the 2015 Act
(c) Effective period. This section is Department of Transportation, 1200
effective from 8 a.m. on April 19, 2017 required agencies to issue no later than
New Jersey Avenue SE., Washington, July 1, 2016.
to 8 p.m. on April 20, 2017. It will only DC 20590–0001.
be enforced during two periods: From 8 Accordingly, PHMSA is revising the
SUPPLEMENTARY INFORMATION: references to the maximum and
a.m. to 8 p.m. on April 19, 2017, and
from 8 a.m. to 8 p.m. on April 20, 2017. Table of Contents: minimum civil penalty amounts in 49
CFR 107.329, appendix A to subpart D
Dated: April 13, 2017. I. Civil Penalty Amendments of 49 CFR part 107, and 49 CFR 171.1
L.A. Sturgis, II. Justification for Final Rule to reflect the changes required by the
III. Rulemaking Analyses and Notices
Captain, U.S. Coast Guard, Captain of the A. Statutory/Legal Authority for This
2015 Act:
Port Puget Sound. Rulemaking • Revising the maximum civil penalty
[FR Doc. 2017–07883 Filed 4–18–17; 8:45 am] B. Executive Order 12866, Executive Order from $77,114 to $78,376 for a person who
BILLING CODE 9110–04–P 13563, and DOT Regulatory Policies and knowingly violates the Federal hazardous
Procedures material transportation law or a regulation,
jstallworth on DSK7TPTVN1PROD with RULES
C. Executive Order 13132 order, special permit, or approval issued
D. Executive Order 13175 under that law.
E. Regulatory Flexibility Act, Executive • Revising the maximum civil penalty
Order 13272, and DOT Procedures and from $179,933 to $182,877 for a person who
Policies knowingly violates the Federal hazardous
F. Paperwork Reduction Act material transportation law or a regulation,
G. Unfunded Mandates Reform Act of 1995 order, special permit, or approval issued
H. Environmental Assessment under that law that results in death, serious
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![18398 Federal Register / Vol. 82, No. 74 / Wednesday, April 19, 2017 / Rules and Regulations
illness, or severe injury to any person or B. Executive Order 12866, Executive consultation and funding requirements
substantial destruction of property. Order 13563, and DOT Regulatory of Executive Order 13132 do not apply.
• Revising the minimum penalty amount Policies and Procedures
from $463 to $471 for a violation related to D. Executive Order 13175
training. This final rule has been evaluated in This final rule has been analyzed in
II. Justification for Final Rule accordance with existing policies and accordance with the principles and
procedures and determined to be non- criteria contained in Executive Order
PHMSA is proceeding directly to a significant under Executive Order
final rule without providing a notice of 13175, ‘‘Consultation and Coordination
12866, ‘‘Regulatory Planning and with Indian Tribal Governments.’’ See
proposed rulemaking (NPRM) or an Review,’’ 58 FR 51735 (Oct. 4, 1993),
opportunity for public comment. This 65 FR 67249 (Nov. 9, 2000). Because
and Executive Order 13563, ‘‘Improving this final rule does not have adverse
action is permitted, in part, because the Regulation and Regulatory Review,’’ 76
2015 Act directs PHMSA to adjust the tribal implications and does not impose
FR 3821 (Jan. 21, 2011). However, direct compliance costs, the funding
civil monetary penalties in accordance
consistent with OMB memorandum M– and consultation requirements of
with the schedule provided in the 2015
17–11, this final rule was not reviewed Executive Order 13175 do not apply and
Act, notwithstanding the notice and
by OMB in order to make a significance a tribal summary impact statement is
public comment procedures in the
determination. not required.
Administrative Procedure Act (APA).
However, PHMSA also notes that the Further, this rule is not a significant
E. Regulatory Flexibility Act, Executive
APA authorizes agencies to forego regulatory action under DOT Regulatory
Order 13272, and DOT Procedures and
providing the opportunity for prior Policies and Procedures. See 44 FR
Policies
public notice and comment if an agency 11034 (Feb. 26, 1979). It is a ministerial
finds good cause that notice and public act for which the Agency has no The Regulatory Flexibility Act (RFA),
comment are ‘‘impracticable, discretion. The economic impact of the 5 U.S.C. 601–611, requires each agency
unnecessary, or contrary to the public final rule is minimal to the extent that to analyze regulations and assess their
interest.’’ See 5 U.S.C 553(b)(3)(B). In preparation of a regulatory evaluation is impact on small businesses and other
this instance, public comment is not warranted. Given the low number of small entities to determine whether the
unnecessary because, in making these penalty actions within the scope of this rule is expected to have a significant
technical amendments, PHMSA is not final rule, the impacts will be very impact on a substantial number of small
exercising discretion in a way that could limited. entities. The provisions of this rule
be informed by public comment. This final rule is being undertaken to apply specifically to all businesses
PHMSA is required under the 2015 Act address our statutory requirements and transporting hazardous material.
and directed by the OMB Guidance to imposes no new costs upon persons Therefore, PHMSA certifies this rule
publish this rule by January 15, 2017, conducting hazardous materials would not have a significant economic
with the penalty levels stated herein to operations in compliance with the impact on a substantial number of small
take effect on that date. Further, PHMSA requirements of the Hazardous Materials entities.
is mandated by the 2015 Act and In addition, PHMSA has determined
Regulations (HMR; 49 CFR parts 171–
directed by the OMB Guidance to adjust the RFA does not apply to this
180). Those entities not in compliance
the penalty levels pursuant to the rulemaking. The 2015 Act requires
with the requirements of the HMR may
specific procedures also stated herein. PHMSA to publish a final rule and does
experience an increased cost based on
Any public comments received through not require PHMSA to complete notice
the penalties levied against them for
notice and comment procedure would and comment procedures under the
non-compliance; however, this is an
therefore not affect PHMSA’s obligation APA. The Small Business
avoidable, variable cost and thus is not
to comply with the 2015 Act, nor would Administration’s A Guide for
considered in any evaluation of the
they affect the methods used by PHMSA Government Agencies: How to Comply
significance of this regulatory action.
to adjust the penalty levels. with the Regulatory Flexibility Act
Moreover, as the cost is an inflationary
(2003), provides that:
III. Rulemaking Analyses and Notices adjustment and the magnitude of the
increase is minimal since these If, under the APA or any rule of general
A. Statutory/Legal Authority for This penalties were recently enacted, applicability governing Federal grants to state
Rulemaking reflected costs are nominal. The and local governments, the agency is
required to publish a general notice of
This final rule is published under the amendments in this rule could provide proposed rulemaking (NPRM), the RFA must
authority of the Federal hazardous safety benefits (i.e., larger penalties be considered [citing 5 U.S.C. 604(a)]. . . . If
materials transportation law. 49 U.S.C. deterring knowing violators). Overall, it an NPRM is not required, the RFA does not
5101 et seq. Section 5123(a) of which is anticipated this rulemaking would apply.
provides civil penalties for knowing have minimal real costs and benefits. Therefore, because the 2015 Act does
violations of Federal hazardous material C. Executive Order 13132 not require an NPRM for this
transportation law or a regulation, order, rulemaking, the RFA does not apply.
special permit, or approval issued under This final rule has been analyzed in
that law. This rule revises the references accordance with the principles and F. Paperwork Reduction Act
in PHMSA’s regulations by (1) revising criteria contained in Executive Order There are no new information
the maximum penalty amount for a 13132, ‘‘Federalism.’’ See 64 FR 43255 requirements in this final rule.
knowing violation and a knowing (Aug. 10, 1999). This rule does not
jstallworth on DSK7TPTVN1PROD with RULES
violation resulting in death, serious impose any regulation having G. Unfunded Mandates Reform Act of
illness, or severe injury to any person or substantial direct effects on the States, 1995
substantial destruction of property to the relationship between the national This final rule does not impose
$78,376 and $182,877, respectively, and government and the States, or the unfunded mandates under the
(2) revising the minimum penalty distribution of power and Unfunded Mandates Reform Act of
amount to $471 for a violation related to responsibilities among the various 1995. Public Law 104–4. It does not
training. levels of government. Therefore, the result in costs of $100 million or more,
VerDate Sep<11>2014 12:38 Apr 18, 2017 Jkt 241001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1](https://thefederalregister.org/doc/82_FR_18471/page/2.svg)
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to packaging manufacture or Atmospheric Administration (NOAA), Reef Fish FMP, Amendment 5 to the
qualification) is subject to a civil Commerce. Spiny Lobster FMP, and Amendment 3
penalty of up to $78,376 or $182,877 for ACTION: Temporary rule; closures. to FMP for Corals and Reef Associated
a violation occurring on or after April Plants and Invertebrates of Puerto Rico
19, 2017. * * * SUMMARY: NMFS implements and the U.S. Virgin Islands) revised the
* * * * * accountability measures (AMs) for two Reef Fish FMP (76 FR 82404, December
species groups in the exclusive 30, 2011, and 76 FR 82414, December
PART 171—GENERAL INFORMATION, economic zone (EEZ) of the U.S. 30, 2011). Among other actions, the
REGULATIONS, AND DEFINITIONS Caribbean off Puerto Rico for the 2017 2010 and 2011 Caribbean ACL
fishing year through this temporary rule. Amendments and the associated final
■ 4. The authority citation for part 171 NMFS has determined that recreational rules established ACLs and AMs for
continues to read as follows: sector annual catch limits (ACLs) in the Caribbean reef fish, including the
Authority: 49 U.S.C. 5101–5128, 44701; EEZ off Puerto Rico were exceeded for species groups identified in this
Pub. L. 101–410 section 4; Pub. L. 104–134, wrasses and parrotfishes based on temporary rule. The 2010 and 2011
section 31001; Pub. L. 114–74 section 4 (28 average landings during the 2013–2015 Caribbean ACL Amendments and final
U.S.C. 2461 note); 49 CFR 1.81 and 1.97. fishing years. This temporary rule rules also allocated ACLs among three
■ 5. In § 171.1, paragraph (g) is revised reduces the lengths of the 2017 fishing Caribbean island management areas, i.e.,
to read as follows: seasons for these species groups by the the Puerto Rico, St. Croix, and St.
amounts necessary to ensure that Thomas/St. John management areas of
§ 171.1 Applicability of Hazardous
Materials Regulations (HMR) to persons and
landings do not exceed the applicable the EEZ, as specified in Appendix E to
functions. recreational ACLs in 2017. NMFS closes part 622. The ACLs for reef fish species
the recreational sectors for these species and species groups in the Puerto Rico
* * * * *
(g) Penalties for noncompliance. Each groups beginning on the dates specified management area were further allocated
person who knowingly violates a in the DATES section and continuing between the commercial and
requirement of the Federal hazardous through the end of the current fishing recreational sectors, and AMs apply to
material transportation law, an order year, December 31, 2017. These AMs are each of these sectors separately. The
issued under Federal hazardous necessary to protect the Caribbean reef Puerto Rico management area
material transportation law, subchapter fish resources in the EEZ off Puerto encompasses the EEZ off Puerto Rico.
A of this chapter, or a special permit or Rico. The recreational ACLs in the EEZ off
approval issued under subchapter A or DATES: This rule is effective for
Puerto Rico for the species groups
C of this chapter is liable for a civil recreational sector wrasses in the EEZ covered by this temporary rule are as
penalty of not more than $78,376 for off Puerto Rico at 12:01 a.m., local time, follows and are given in round weight:
• The recreational ACL for wrasses is
each violation, except the maximum April 19, 2017, until 12:01 a.m., local
5,050 lb (2,291 kg), as specified in
civil penalty is $182,877 if the violation time, January 1, 2018. This rule is
§ 622.12(a)(1)(ii)(L).
results in death, serious illness, or effective for recreational sector • The recreational ACL for
severe injury to any person or parrotfishes in the EEZ off Puerto Rico parrotfishes is 15,263 lb (6,921 kg), as
substantial destruction of property. May 19, 2017, until 12:01 a.m., local specified in § 622.12(a)(1)(ii)(B).
There is no minimum civil penalty, time, January 1, 2018. The AM-based In accordance with regulations at 50
except for a minimum civil penalty of closure for recreational parrotfishes CFR 622.12(a), if landings from a
$471 for a violation relating to training. applies at 12:01 a.m., local time, Caribbean island management area are
Issued in Washington, DC on April 14, November 4, 2017, until 12:01 a.m., estimated to have exceeded the
2017, under authority delegated in 49 CFR local time, January 1, 2018. applicable ACL, the Assistant
part 1.97. FOR FURTHER INFORMATION CONTACT: Administrator for NOAA Fisheries (AA)
Howard W. McMillan, Marı́a del Mar López, NMFS Southeast will file a notification with the Office of
Acting Deputy Administrator, Pipeline and Regional Office, telephone: 727–824– the Federal Register to reduce the length
Hazardous Materials Safety Administration. 5305, email: maria.lopez@noaa.gov. of the fishing season for the applicable
[FR Doc. 2017–07908 Filed 4–18–17; 8:45 am] SUPPLEMENTARY INFORMATION: The reef species or species group the following
BILLING CODE 4910–60–P fish fishery of the Caribbean EEZ fishing year by the amount necessary to
includes wrasses and parrotfishes, and ensure landings do not exceed the
is managed under the Fishery applicable ACL. NMFS evaluates
DEPARTMENT OF COMMERCE Management Plan for the Reef Fish landings relative to the applicable ACL
Fishery of Puerto Rico and the U.S. based on a moving 3-year average of
National Oceanic and Atmospheric Virgin Islands (Reef Fish FMP). The landings, as described in the Reef Fish
Administration Reef Fish FMP was prepared by the FMP.
Caribbean Fishery Management Council Based on the most recent available
50 CFR Part 622 (Council) and is implemented by NMFS landings data, from the 2013–2015
[Docket Nos. 100120037–1626–02 and under the authority of the Magnuson- fishing years, NMFS has determined
101217620–1788–03] Stevens Fishery Conservation and that the recreational ACLs for wrasses
Management Act (Magnuson-Stevens and parrotfishes in the EEZ off Puerto
RIN 0648–XF344 Act) by regulations at 50 CFR part 622. Rico have been exceeded. In addition,
The 2010 Caribbean ACL Amendment NMFS has determined that the
Fisheries of the Caribbean, Gulf of
jstallworth on DSK7TPTVN1PROD with RULES
(Amendment 2 to the FMP for the recreational ACLs for these species
Mexico, and South Atlantic; 2017
Queen Conch Resources of Puerto Rico groups were exceeded because of
Accountability Measure-Based
and the U.S. Virgin Islands (Queen increased catches and not as a result of
Closures for Recreational Species in
Conch FMP) and Amendment 5 to the enhanced data collection and
the U.S. Caribbean off Puerto Rico
Reef Fish FMP) and 2011 Caribbean monitoring efforts.
AGENCY: National Marine Fisheries ACL Amendment (Amendment 3 to the This temporary rule implements AMs
Service (NMFS), National Oceanic and Queen Conch FMP, Amendment 6 to the for both recreational wrasses and
VerDate Sep<11>2014 12:38 Apr 18, 2017 Jkt 241001 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 E:\FR\FM\19APR1.SGM 19APR1](https://thefederalregister.org/doc/82_FR_18471/page/4.svg)
Document Created: 2018-11-14 09:44:03
Document Modified: 2018-11-14 09:44:03
| 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 | Final rule. | |
| Dates | Effective Date: April 19, 2017. | |
| Contact | Shawn Wolsey, Office of Chief Counsel, (202) 366-4400, Pipeline and Hazardous Materials Safety Administration, U.S. Department of Transportation, 1200 New Jersey Avenue SE., Washington, DC 20590-0001. | |
| FR Citation | 82 FR 18397 | |
| RIN Number | 2137-AF23 | |
| CFR Citation | 49
CFR
107 49 CFR 171 | |
| CFR Associated | Administrative Practices and Procedure; Hazardous Materials Transportation; Packaging and Containers; Penalties; Reporting and Recordkeeping Requirements; Definitions; General Information and Regulations |
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