82 FR 4796 - Civil Monetary Penalties-2017 Adjustment
SURFACE TRANSPORTATION BOARD Federal Register Volume 82, Issue 10 (January 17, 2017)
Federal Register Volume 82, Issue 10 (January 17, 2017)
| Page Range | 4796-4797 | |
| FR Document | 2017-00690 |
[Federal Register Volume 82, Number 10 (Tuesday, January 17, 2017)] [Rules and Regulations] [Pages 4796-4797] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2017-00690] ======================================================================= ----------------------------------------------------------------------- SURFACE TRANSPORTATION BOARD 49 CFR Part 1022 [Docket No. EP 716 (Sub-No. 2)] Civil Monetary Penalties--2017 Adjustment AGENCY: Surface Transportation Board. ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: The Surface Transportation Board (Board) is issuing a final rule to implement the annual inflationary adjustment to its civil monetary penalties, pursuant to the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. DATES: This final rule is effective January 17, 2017, and is applicable beginning January 13, 2017. FOR FURTHER INFORMATION CONTACT: Sarah Fancher: (202) 245-0355. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. SUPPLEMENTARY INFORMATION: I. Background 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, requires agencies to adjust their civil penalties for inflation annually, beginning on January 15, 2017, and no later than January 15 of every year thereafter. In accordance with the 2015 Act, annual inflation adjustments will be based on the percent change between the Consumer Price Index for all Urban Consumers (CPI-U) for October of the previous year and the October CPI-U of the year before that. Penalty level adjustments should be rounded to the nearest dollar. II. Discussion The statutory definition of civil monetary penalty covers various civil penalty provisions under the Rail (Part A), Motor Carriers, Water Carriers, Brokers, and Freight Forwarders (Part B), and Pipeline Carriers (Part C) provisions of the Interstate Commerce Act, as amended by the ICC Termination Act of 1995. 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.\1\ The Board has regulations at 49 CFR pt. 1022, which codify the method set forth in the 2015 Act for annually adjusting for inflation the civil monetary penalties within the Board's jurisdiction.\2\ --------------------------------------------------------------------------- \1\ 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. \2\ The current statutory civil penalties were set through an interim final rule, Civil Monetary Penalty Inflation Adjustment Rule, EP 716 (Sub-No. 1) (STB served Oct. 20, 2016). In that decision, the Board issued a ``catch-up adjustment'' for its civil monetary penalties as mandated by the 2015 Act. --------------------------------------------------------------------------- As set forth in this 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. In accordance with the 2015 Act, the annual adjustment adopted here is calculated by multiplying each current penalty by the cost-of-living adjustment factor of 1.01636, which reflects the percentage change between the October 2016 CPI-U (724.113) and the October 2015 CPI-U (712.458). The table at the end of this decision shows the relevant statutory provision of each civil penalty and a description, the current baseline statutory civil penalty level, and the adjusted statutory civil penalty level for 2017. III. Final Rule The final rule is set forth at the end of this decision. This 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 inflation adjustment to its civil monetary penalties. The Board has no discretion to set alternative levels of adjusted civil monetary penalties, because the amount of the inflation adjustment must be calculated in accordance with the statutory formula. 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, the Board has determined that there is good cause to promulgate this rule without soliciting public comment and to make this regulation effective immediately upon publication. IV. Regulatory Flexibility Statement The Regulatory Flexibility Act (RFA), as amended by the Small Business Regulatory Enforcement Fairness Act of 1996, 5 U.S.C. 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 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 final rule will be published in the Federal Register. 2. This decision is effective on its date of service. Decided: January 9, 2017. 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. [[Page 4797]] 0 2. Revise Sec. 1022.4(b) to read as follows: Sec. 1022.4 Cost-of-living adjustments of civil monetary penalties. * * * * * (b) The cost-of-living adjustment required by the statute results in the following adjustments to the civil monetary penalties within the jurisdiction of the Board: ---------------------------------------------------------------------------------------------------------------- Civil monetary penalty Baseline penalty Adjusted penalty U.S. code citation description amount amount (2017) ---------------------------------------------------------------------------------------------------------------- Rail Carrier Civil Penalties ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 11901(a)....................... Unless otherwise specified, $7,512 $7,635 maximum penalty for each knowing violation under this part, and for each day. 49 U.S.C. 11901(b)....................... For each violation under Sec. 751 763 11124(a)(2) or (b). 49 U.S.C. 11901(b)....................... For each day violation continues. 38 39 49 U.S.C. 11901(c)....................... Maximum penalty for each knowing 7,512 7,635 violation under Sec. Sec. 10901-10906. 49 U.S.C. 11901(d)....................... For each violation under Sec. 150-751 152-763 Sec. 11123 or 11124(a)(1). 49 U.S.C. 11901(d)....................... For each day violation continues. 75 76 49 U.S.C. 11901(e)(1).................... For each violation under Sec. 751 763 Sec. 11141-11145. 49 U.S.C. 11901(e)(2).................... For each violation under Sec. 150 152 11144(b)(1). 49 U.S.C. 11901(e)(3-4).................. For each violation of reporting 150 152 requirements, for each day. ---------------------------------------------------------------------------------------------------------------- Motor and Water Carrier Civil Penalties ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 14901(a)....................... Minimum penalty for each 1,028 1,045 violation and for each day. 49 U.S.C. 14901(a)....................... For each violation under Sec. 10,282 10,450 Sec. 13901 or 13902(c). 49 U.S.C. 14901(a)....................... For each violation related to 25,705 26,126 transportation of passengers. 49 U.S.C. 14901(b)....................... For each violation of the 20,564-41,128 20,900-41,801 hazardous waste rules under Sec. 3001 of the Solid Waste Disposal Act. 49 U.S.C. 14901(d)(1).................... Minimum penalty for each 1,502 1,527 violation of household good regulations, and for each day. 49 U.S.C. 14901(d)(2).................... Minimum penalty for each instance 15,025 15,271 of transportation of household goods if broker provides estimate without carrier agreement. 49 U.S.C. 14901(d)(3).................... Minimum penalty for each instance 37,561 38,175 of transportation of household goods without being registered. 49 U.S.C. 14901(e)....................... Minimum penalty for each 3,005 3,054 violation of a transportation rule. 49 U.S.C. 14901(e)....................... Minimum penalty for each 7,512 7,635 additional violation. 49 U.S.C. 14903(a)....................... Maximum penalty for undercharge 150,245 152,703 or overcharge of tariff rate, for each violation. 49 U.S.C. 14904(a)....................... For first violation, rebates at 300 305 less than the rate in effect. 49 U.S.C. 14904(a)....................... For all subsequent violations.... 376 382 49 U.S.C. 14904(b)(1).................... Maximum penalty for first 751 763 violation for undercharges by freight forwarders. 49 U.S.C. 14904(b)(1).................... Maximum penalty for subsequent 3,005 3,054 violations. 49 U.S.C. 14904(b)(2).................... Maximum penalty for other first 751 763 violations under Sec. 13702. 49 U.S.C. 14904(b)(2).................... Maximum penalty for subsequent 3,005 3,054 violations. 49 U.S.C. 14905(a)....................... Maximum penalty for each knowing 15,025 15,271 violation of Sec. 14103(a), and knowingly authorizing, consenting to, or permitting a violation of Sec. 14103(a) & (b). 49 U.S.C. 14906.......................... Minimum penalty for first attempt 2,056 2,090 to evade regulation. 49 U.S.C. 14906.......................... Minimum amount for each 5,141 5,225 subsequent attempt to evade regulation. 49 U.S.C. 14907.......................... Maximum penalty for recordkeeping/ 7,512 7,635 reporting violations. 49 U.S.C. 14908(a)(2).................... Maximum penalty for violation of 3,005 3,054 Sec. 14908(a)(1). 49 U.S.C. 14910.......................... When another civil penalty is not 751 763 specified under this part, for each violation, for each day. 49 U.S.C. 14915(a)(1) & (2).............. Minimum penalty for holding a 11,940 12,135 household goods shipment hostage, for each day. ---------------------------------------------------------------------------------------------------------------- Pipeline Carrier Civil Penalties ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 16101(a)....................... Maximum penalty for violation of 7,512 7,635 this part, for each day. 49 U.S.C. 16101(b)(1) & (4).............. For each recordkeeping violation 751 763 under Sec. 15722, each day. 49 U.S.C. 16101(b)(2) & (4).............. For each inspection violation 150 152 liable under Sec. 15722, each day. 49 U.S.C. 16101(b)(3) & (4).............. For each reporting violation 150 152 under Sec. 15723, each day. 49 U.S.C. 16103(a)....................... Maximum penalty for improper 1,502 1,527 disclosure of information. ---------------------------------------------------------------------------------------------------------------- [FR Doc. 2017-00690 Filed 1-13-17; 8:45 am] BILLING CODE 4915-01-P
![4796 Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Rules and Regulations
§ 17.644 [Amended] Act, as amended by the ICC Termination amount of inflation adjustments by
■ 3. In § 17.644, redesignate paragraphs Act of 1995. The Board’s civil (and performing technical, ministerial
(a)(4), (5), (6), (7), and (8) as paragraphs criminal) penalty authority related to computations. Because the Board has no
(a)(3), (4), (5), (6), and (7). rail transportation appears at 49 U.S.C. discretion to do anything except
11901–11908. The Board’s penalty promulgate the rule and perform
Dated: January 5, 2017.
authority related to motor carriers, water ministerial computations to apply it, the
Janet Coleman, carriers, brokers, and freight forwarders Board has determined that there is good
Chief, Regulation Policy & Management, appears at 49 U.S.C. 14901–14915. The cause to promulgate this rule without
Office of the Secretary, Department of Board’s penalty authority related to soliciting public comment and to make
Veterans Affairs. pipeline carriers appears at 49 U.S.C. this regulation effective immediately
[FR Doc. 2017–00232 Filed 1–13–17; 8:45 am] 16101–16106.1 The Board has upon publication.
BILLING CODE 8320–01–P regulations at 49 CFR pt. 1022, which
IV. Regulatory Flexibility Statement
codify the method set forth in the 2015
Act for annually adjusting for inflation The Regulatory Flexibility Act (RFA),
SURFACE TRANSPORTATION BOARD the civil monetary penalties within the as amended by the Small Business
Board’s jurisdiction.2 Regulatory Enforcement Fairness Act of
49 CFR Part 1022 As set forth in this final rule, the 1996, 5 U.S.C. 801 et seq., generally
[Docket No. EP 716 (Sub-No. 2)] Board is amending 49 CFR pt. 1022 so requires an agency to prepare a
that its regulations and civil monetary regulatory flexibility analysis of any rule
Civil Monetary Penalties—2017 penalties conform to the requirements of subject to notice and comment
Adjustment the 2015 Act. The adjusted penalties set rulemaking requirements, unless the
forth in the rule will apply only to agency certifies that the rule will not
AGENCY: Surface Transportation Board. violations which occur after the have a significant economic impact on
ACTION: Final rule. effective date of this regulation. a substantial number of small entities.
In accordance with the 2015 Act, the Because the Board has determined that
SUMMARY: The Surface Transportation
annual adjustment adopted here is notice and comment are not required
Board (Board) is issuing a final rule to calculated by multiplying each current
implement the annual inflationary under the APA for this rulemaking, the
penalty by the cost-of-living adjustment requirements of the RFA do not apply.
adjustment to its civil monetary factor of 1.01636, which reflects the
penalties, pursuant to the Federal Civil percentage change between the October V. Paperwork Reduction Act
Penalties Inflation Adjustment Act 2016 CPI–U (724.113) and the October This final rule does not contain a new
Improvements Act of 2015. 2015 CPI–U (712.458). The table at the or amended information collection
DATES: This final rule is effective end of this decision shows the relevant requirement subject to the Paperwork
January 17, 2017, and is applicable statutory provision of each civil penalty Reduction Act of 1995, 44 U.S.C. 3501
beginning January 13, 2017. and a description, the current baseline et seq.
FOR FURTHER INFORMATION CONTACT: statutory civil penalty level, and the
Sarah Fancher: (202) 245–0355. Federal List of Subjects in 49 CFR Part 1022
adjusted statutory civil penalty level for
Information Relay Service (FIRS) for the 2017. Administrative practice and
hearing impaired: 1–800–877–8339. procedures, Brokers, Civil penalties,
III. Final Rule Freight forwarders, Motor carriers,
SUPPLEMENTARY INFORMATION:
The final rule is set forth at the end Pipeline carriers, Rail carriers, Water
I. Background of this decision. This final rule is issued carriers.
The Federal Civil Penalties Inflation without prior public notice or It is ordered:
Adjustment Act Improvements Act of opportunity for public comment. The 1. The Board amends its rules as set
2015 (2015 Act), passed as part of the Administrative Procedure Act (APA), 5 forth in this decision. Notice of the final
Bipartisan Budget Act of 2015, Public U.S.C. 553(b)(B), does not require that rule will be published in the Federal
Law 114–74, 129 Stat. 599, requires process ‘‘when the agency for good Register.
agencies to adjust their civil penalties cause finds’’ that public notice and 2. This decision is effective on its date
for inflation annually, beginning on comment are ‘‘unnecessary.’’ Here, of service.
January 15, 2017, and no later than Congress has mandated that the agency Decided: January 9, 2017.
January 15 of every year thereafter. In make the inflation adjustment to its civil By the Board, Chairman Elliott, Vice
accordance with the 2015 Act, annual monetary penalties. The Board has no Chairman Miller, and Commissioner
inflation adjustments will be based on discretion to set alternative levels of Begeman.
the percent change between the adjusted civil monetary penalties, Kenyatta Clay,
Consumer Price Index for all Urban because the amount of the inflation Clearance Clerk.
Consumers (CPI–U) for October of the adjustment must be calculated in For the reasons set forth in the
previous year and the October CPI–U of accordance with the statutory formula. preamble, part 1022 of title 49, chapter
the year before that. Penalty level The Board simply determines the X, of the Code of Federal Regulations is
adjustments should be rounded to the amended as follows:
nearest dollar. 1 The Board also has criminal penalty authority,
enforceable in a federal criminal court. Congress
II. Discussion has not, however, authorized federal agencies to PART 1022—CIVIL MONETARY
PENALTY INFLATION ADJUSTMENT
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adjust statutorily-prescribed criminal penalty
The statutory definition of civil provisions for inflation, and this rule does not
monetary penalty covers various civil address those provisions. ■ 1. The authority citation for part 1022
penalty provisions under the Rail (Part 2 The current statutory civil penalties were set
continues to read as follows:
A), Motor Carriers, Water Carriers, through an interim final rule, Civil Monetary
Penalty Inflation Adjustment Rule, EP 716 (Sub–No. Authority: 5 U.S.C. 551–557; 28 U.S.C.
Brokers, and Freight Forwarders (Part 1) (STB served Oct. 20, 2016). In that decision, the 2461 note; 49 U.S.C. 11901, 14901, 14903,
B), and Pipeline Carriers (Part C) Board issued a ‘‘catch-up adjustment’’ for its civil 14904, 14905, 14906, 14907, 14908, 14910,
provisions of the Interstate Commerce monetary penalties as mandated by the 2015 Act. 14915, 16101, 16103.
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![Federal Register / Vol. 82, No. 10 / Tuesday, January 17, 2017 / Rules and Regulations 4797
■ 2. Revise § 1022.4(b) to read as § 1022.4 Cost-of-living adjustments of civil following adjustments to the civil
follows: monetary penalties. monetary penalties within the
* * * * * jurisdiction of the Board:
(b) The cost-of-living adjustment
required by the statute results in the
Adjusted
Baseline
U.S. code citation Civil monetary penalty description penalty amount
penalty amount (2017)
Rail Carrier Civil Penalties
49 U.S.C. 11901(a) ....................... Unless otherwise specified, maximum penalty for each knowing vio- $7,512 $7,635
lation under this part, and for each day.
49 U.S.C. 11901(b) ....................... For each violation under § 11124(a)(2) or (b) ..................................... 751 763
49 U.S.C. 11901(b) ....................... For each day violation continues ......................................................... 38 39
49 U.S.C. 11901(c) ....................... Maximum penalty for each knowing violation under §§ 10901–10906 7,512 7,635
49 U.S.C. 11901(d) ....................... For each violation under §§ 11123 or 11124(a)(1) .............................. 150–751 152–763
49 U.S.C. 11901(d) ....................... For each day violation continues ......................................................... 75 76
49 U.S.C. 11901(e)(1) ................... For each violation under §§ 11141–11145 .......................................... 751 763
49 U.S.C. 11901(e)(2) ................... For each violation under § 11144(b)(1) ............................................... 150 152
49 U.S.C. 11901(e)(3–4) ............... For each violation of reporting requirements, for each day ................ 150 152
Motor and Water Carrier Civil Penalties
49 U.S.C. 14901(a) ....................... Minimum penalty for each violation and for each day ........................ 1,028 1,045
49 U.S.C. 14901(a) ....................... For each violation under §§ 13901 or 13902(c) .................................. 10,282 10,450
49 U.S.C. 14901(a) ....................... For each violation related to transportation of passengers ................. 25,705 26,126
49 U.S.C. 14901(b) ....................... For each violation of the hazardous waste rules under § 3001 of the 20,564–41,128 20,900–41,801
Solid Waste Disposal Act.
49 U.S.C. 14901(d)(1) ................... Minimum penalty for each violation of household good regulations, 1,502 1,527
and for each day.
49 U.S.C. 14901(d)(2) ................... Minimum penalty for each instance of transportation of household 15,025 15,271
goods if broker provides estimate without carrier agreement.
49 U.S.C. 14901(d)(3) ................... Minimum penalty for each instance of transportation of household 37,561 38,175
goods without being registered.
49 U.S.C. 14901(e) ....................... Minimum penalty for each violation of a transportation rule ............... 3,005 3,054
49 U.S.C. 14901(e) ....................... Minimum penalty for each additional violation .................................... 7,512 7,635
49 U.S.C. 14903(a) ....................... Maximum penalty for undercharge or overcharge of tariff rate, for 150,245 152,703
each violation.
49 U.S.C. 14904(a) ....................... For first violation, rebates at less than the rate in effect ..................... 300 305
49 U.S.C. 14904(a) ....................... For all subsequent violations ............................................................... 376 382
49 U.S.C. 14904(b)(1) ................... Maximum penalty for first violation for undercharges by freight for- 751 763
warders.
49 U.S.C. 14904(b)(1) ................... Maximum penalty for subsequent violations ....................................... 3,005 3,054
49 U.S.C. 14904(b)(2) ................... Maximum penalty for other first violations under § 13702 ................... 751 763
49 U.S.C. 14904(b)(2) ................... Maximum penalty for subsequent violations ....................................... 3,005 3,054
49 U.S.C. 14905(a) ....................... Maximum penalty for each knowing violation of § 14103(a), and 15,025 15,271
knowingly authorizing, consenting to, or permitting a violation of
§ 14103(a) & (b).
49 U.S.C. 14906 ........................... Minimum penalty for first attempt to evade regulation ........................ 2,056 2,090
49 U.S.C. 14906 ........................... Minimum amount for each subsequent attempt to evade regulation .. 5,141 5,225
49 U.S.C. 14907 ........................... Maximum penalty for recordkeeping/reporting violations .................... 7,512 7,635
49 U.S.C. 14908(a)(2) ................... Maximum penalty for violation of § 14908(a)(1) .................................. 3,005 3,054
49 U.S.C. 14910 ........................... When another civil penalty is not specified under this part, for each 751 763
violation, for each day.
49 U.S.C. 14915(a)(1) & (2) ......... Minimum penalty for holding a household goods shipment hostage, 11,940 12,135
for each day.
Pipeline Carrier Civil Penalties
49 U.S.C. 16101(a) ....................... Maximum penalty for violation of this part, for each day .................... 7,512 7,635
49 U.S.C. 16101(b)(1) & (4) ......... For each recordkeeping violation under § 15722, each day ............... 751 763
49 U.S.C. 16101(b)(2) & (4) ......... For each inspection violation liable under § 15722, each day ............ 150 152
49 U.S.C. 16101(b)(3) & (4) ......... For each reporting violation under § 15723, each day ........................ 150 152
49 U.S.C. 16103(a) ....................... Maximum penalty for improper disclosure of information ................... 1,502 1,527
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Document Created: 2017-01-14 01:45:02
Document Modified: 2017-01-14 01:45:02
| 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 | This final rule is effective January 17, 2017, and is applicable beginning January 13, 2017. | |
| Contact | Sarah Fancher: (202) 245-0355. Federal Information Relay Service (FIRS) for the hearing impaired: 1-800-877- 8339. | |
| FR Citation | 82 FR 4796 | |
| CFR Associated | Administrative Practice and Procedures; Brokers; Civil Penalties; Freight Forwarders; Motor Carriers; Pipeline Carriers; Rail Carriers and Water Carriers |
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