Civil Monetary Penalties-2022 Adjustment

CourtSurface Transportation Board
Citation87 FR 2353
Publication Date14 January 2022
Record Number2022-00639
2353
Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations
1
The Board also has various criminal penalty
authority, enforceable in a federal criminal court.
Congress has not, however, authorized federal
agencies to adjust statutorily prescribed criminal
penalty provisions for inflation, and this rule does
not address those provisions.
PART 831—INVESTIGATION
PROCEDURES
1. The authority citation for part 831
continues to read as follows:
Authority: 49 U.S.C. 1113(f).
Section 831.15 also issued under Public
Law 101–410, 104 Stat. 890, amended by
Public Law 114–74, sec. 701, 129 Stat. 584
(28 U.S.C. 2461 note).
§ 831.15 [Amended]
2. Amend § 831.15 by removing the
dollar amount ‘‘$1,742’’ and add in its
place ‘‘$1,850’’.
Jennifer Homendy,
Chair.
[FR Doc. 2022–00726 Filed 1–13–22; 8:45 am]
BILLING CODE 7533–01–P
SURFACE TRANSPORTATION BOARD
49 CFR Part 1022
[Docket No. EP 716 (Sub-No. 7)]
Civil Monetary Penalties—2022
Adjustment
AGENCY
: Surface Transportation Board.
ACTION
: Final rule.
SUMMARY
: The Surface Transportation
Board (Board) is issuing a final rule to
implement the annual inflationary
adjustment to its civil monetary
penalties, pursuant to the Federal Civil
Penalties Inflation Adjustment Act
Improvements Act of 2015.
DATES
: This final rule is effective
January 14, 2022.
FOR FURTHER INFORMATION CONTACT
:
Amy Ziehm at (202) 245–0391.
Assistance for the hearing impaired is
available through the Federal Relay
Service at (800) 877–8339.
SUPPLEMENTARY INFORMATION
:
I. Background
The Federal Civil Penalties Inflation
Adjustment Act Improvements Act of
2015 (2015 Act), enacted as part of the
Bipartisan Budget Act of 2015, Public
Law 114–74, sec. 701, 129 Stat. 584,
599–601, requires agencies to adjust
their civil penalties for inflation
annually, beginning on July 1, 2016, and
no later than January 15 of every year
thereafter. In accordance with the 2015
Act, annual inflation adjustments are to
be based on the percent change between
the Consumer Price Index for all Urban
Consumers (CPI–U) for October of the
previous year and the October CPI–U of
the year before that. Penalty level
adjustments should be rounded to the
nearest dollar.
II. Discussion
The statutory definition of civil
monetary penalty covers various civil
penalty provisions under the Rail (Part
A); Motor Carriers, Water Carriers,
Brokers, and Freight Forwarders (Part
B); and Pipeline Carriers (Part C)
provisions of the Interstate Commerce
Act, as amended. The Board’s civil (and
criminal) penalty authority related to
rail transportation appears at 49 U.S.C.
11901–11908. The Board’s penalty
authority related to motor carriers, water
carriers, brokers, and freight forwarders
appears at 49 U.S.C. 14901–14916. The
Board’s penalty authority related to
pipeline carriers appears at 49 U.S.C.
16101–16106.
1
The Board has
regulations at 49 CFR pt. 1022 that
codify the method set forth in the 2015
Act for annually adjusting for inflation
the civil monetary penalties within the
Board’s jurisdiction.
As set forth in this final rule, the
Board is amending 49 CFR part 1022 to
make an annual inflation adjustment to
the civil monetary penalties in
conformance with the requirements of
the 2015 Act. The adjusted penalties set
forth in the rule will apply only to
violations that occur after the effective
date of this regulation.
In accordance with the 2015 Act, the
annual adjustment adopted here is
calculated by multiplying each current
penalty by the cost-of-living adjustment
factor of 1.06222, which reflects the
percentage change between the October
2021 CPI–U (276.589) and the October
2020 CPI–U (260.388). The table at the
end of this decision shows the statutory
citation for each civil penalty, a
description of the provision, the
adjusted statutory civil penalty level for
2021, and the adjusted statutory civil
penalty level for 2022.
III. Final Rule
The final rule set forth at the end of
this decision is being issued without
notice and comment pursuant to the
rulemaking provision of the
Administrative Procedure Act (APA), 5
U.S.C. 553(b)(B), which does not require
that process ‘‘when the agency for good
cause finds’’ that public notice and
comment are ‘‘unnecessary.’’ Here,
Congress has mandated that the agency
make an annual inflation adjustment to
its civil monetary penalties. The Board
has no discretion to set alternative
levels of adjusted civil monetary
penalties, because the amount of the
inflation adjustment must be calculated
in accordance with the statutory
formula. Given the absence of
discretion, the Board has determined
that there is good cause to promulgate
this rule without soliciting public
comment and to make this regulation
effective immediately upon publication.
IV. Regulatory Flexibility Statement
The Regulatory Flexibility Act (RFA),
as amended by the Small Business
Regulatory Enforcement Fairness Act of
1996, 5 U.S.C. 601–612, generally
requires an agency to prepare a
regulatory flexibility analysis of any rule
subject to notice and comment
rulemaking requirements, unless the
agency certifies that the rule will not
have a significant economic impact on
a substantial number of small entities.
Because the Board has determined that
notice and comment are not required
under the APA for this rulemaking, the
requirements of the RFA do not apply.
V. Congressional Review Act
Pursuant to the Congressional Review
Act, 5 U.S.C. 801–808, the Office of
Information and Regulatory Affairs has
designated this rule as a non-major rule,
as defined by 5 U.S.C. 804(2).
VI. Paperwork Reduction Act
This final rule does not contain a new
or amended information collection
requirement subject to the Paperwork
Reduction Act of 1995, 44 U.S.C. 3501–
3521.
List of Subjects in 49 CFR Part 1022
Administrative practice and
procedures, Brokers, Civil penalties,
Freight forwarders, Motor carriers,
Pipeline carriers, Rail carriers, Water
carriers.
It is ordered:
1. The Board amends its rules as set
forth in this decision. Notice of the final
rule will be published in the Federal
Register.
2. This decision is effective on its date
of publication in the Federal Register.
Decided: January 10, 2022.
By the Board, Board Members Fuchs,
Hedlund, Oberman, Primus, and Schultz.
Stefan Rice,
Clearance Clerk.
For the reasons set forth in the
preamble, part 1022 of title 49, chapter
X, of the Code of Federal Regulations is
amended as follows:
PART 1022—CIVIL MONETARY
PENALTY INFLATION ADJUSTMENT
1. Revise the authority citation for part
1022 to read as follows:
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Authority: 5 U.S.C. 551–557; 28 U.S.C.
2461 note; 49 U.S.C. 11901, 14901, 14903,
14904, 14905, 14906, 14907, 14908, 14910,
14915, 14916, 16101, 16103.
2. Revise § 1022.4(b) to read as
follows:
§ 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:
T
ABLE
1
TO
P
ARAGRAPH
(b)
U.S. code citation Civil monetary penalty description
2021—
penalty amount 2022—
adjusted penalty
amount
EP 716_6
(2021) EP 716_7
(2022)
Rail Carrier
49 U.S.C. 11901(a) ...................... Unless otherwise specified, maximum penalty for each knowing
violation under this part, and for each day. $8,224 $8,736
49 U.S.C. 11901(b) ...................... For each violation under § 11124(a)(2) or (b) ................................... 823 874
49 U.S.C. 11901(b) ...................... For each day violation continues ...................................................... 42 45
49 U.S.C. 11901(c) ...................... Maximum penalty for each knowing violation under §§ 10901–
10906. 8,224 8,736
49 U.S.C. 11901(d) ...................... For each violation under §§ 11123 or 11124(a)(1) ........................... 164–823 174–874
49 U.S.C. 11901(d) ...................... For each day violation continues ...................................................... 82 87
49 U.S.C. 11901(e)(1), (4) ........... For each violation under §§ 11141–11145, for each day ................. 823 874
49 U.S.C. 11901(e)(2), (4) ........... For each violation under § 11144(b)(1), for each day ...................... 164 174
49 U.S.C. 11901(e)(3)–(4) ........... For each violation of reporting requirements, for each day ............. 164 174
Motor and Water Carrier
49 U.S.C. 14901(a) ...................... Minimum penalty for each violation and for each day ...................... 1,125 1,195
49 U.S.C. 14901(a) ...................... For each violation under §§ 13901 or 13902(c) ................................ 11,257 11,957
49 U.S.C. 14901(a) ...................... For each violation related to transportation of passengers .............. 28,142 29,893
49 U.S.C. 14901(b) ...................... For each violation of the hazardous waste rules under § 3001 of
the Solid Waste Disposal Act. 22,514–45,027 23,915–47,829
49 U.S.C. 14901(d)(1) ................. Minimum penalty for each violation of household good regulations,
and for each day. 1,644 1,746
49 U.S.C. 14901(d)(2) ................. Minimum penalty for each instance of transportation of household
goods if broker provides estimate without carrier agreement. 16,450 17,473
49 U.S.C. 14901(d)(3) ................. Minimum penalty for each instance of transportation of household
goods without being registered. 41,120 43,678
49 U.S.C. 14901(e) ...................... Minimum penalty for each violation of a transportation rule ............ 3,289 3,494
49 U.S.C. 14901(e) ...................... Minimum penalty for each additional violation .................................. 8,224 8,736
49 U.S.C. 14903(a) ...................... Maximum penalty for undercharge or overcharge of tariff rate, for
each violation. 164,490 174,724
49 U.S.C. 14904(a) ...................... For first violation, rebates at less than the rate in effect .................. 329 349
49 U.S.C. 14904(a) ...................... For all subsequent violations ............................................................ 412 438
49 U.S.C. 14904(b)(1) ................. Maximum penalty for first violation for undercharges by freight for-
warders. 823 874
49 U.S.C. 14904(b)(1) ................. Maximum penalty for subsequent violations ..................................... 3,289 3,494
49 U.S.C. 14904(b)(2) ................. Maximum penalty for other first violations under § 13702 ................ 823 874
49 U.S.C. 14904(b)(2) ................. Maximum penalty for subsequent violations ..................................... 3,289 3,494
49 U.S.C. 14905(a) ...................... Maximum penalty for each knowing violation of § 14103(a), and
knowingly authorizing, consenting to, or permitting a violation of
§ 14103(a) or (b).
16,450 17,473
49 U.S.C. 14906 .......................... Minimum penalty for first attempt to evade regulation ..................... 2,252 2,392
49 U.S.C. 14906 .......................... Minimum amount for each subsequent attempt to evade regulation 5,628 5,978
49 U.S.C. 14907 .......................... Maximum penalty for recordkeeping/reporting violations ................. 8,224 8,736
49 U.S.C. 14908(a)(2) ................. Maximum penalty for violation of § 14908(a)(1) ............................... 3,289 3,494
49 U.S.C. 14910 .......................... When another civil penalty is not specified under this part, for each
violation, for each day. 823 874
49 U.S.C. 14915(a)(1)–(2) ........... Minimum penalty for holding a household goods shipment hos-
tage, for each day. 13,072 13,885
49 U.S.C. 14916(c)(1) .................. Maximum penalty for each knowing violation under § 14916(a) for
unlawful brokerage activities. 11,257 11,957
Pipeline Carrier
49 U.S.C. 16101(a) ...................... Maximum penalty for violation of this part, for each day ................. 8,224 8,736
49 U.S.C. 16101(b)(1), (4) ........... For each recordkeeping violation under § 15722, each day ............ 823 874
49 U.S.C. 16101(b)(2), (4) ........... For each inspection violation liable under § 15722, each day ......... 164 174
49 U.S.C. 16101(b)(3)–(4) ........... For each reporting violation under § 15723, each day ..................... 164 174
49 U.S.C. 16103(a) ...................... Maximum penalty for improper disclosure of information ................. 1,644 1,746
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[FR Doc. 2022–00639 Filed 1–13–22; 8:45 am]
BILLING CODE 4915–01–P
DEPARTMENT OF COMMERCE
National Oceanic and Atmospheric
Administration
50 CFR Part 622
[Docket No. 220111–0009]
RIN 0648–BK70
Fisheries of the Caribbean, Gulf of
Mexico, and South Atlantic; Reef Fish
Resources of the Gulf of Mexico;
Requirement for a Descending Device
or Venting Tool
AGENCY
: National Marine Fisheries
Service (NMFS), National Oceanic and
Atmospheric Administration (NOAA),
Commerce.
ACTION
: Final rule.
SUMMARY
: NMFS implements
regulations to clarify terms used in the
Direct Enhancement of Snapper
Conservation and the Economy through
Novel Devices Act of 2020 (Descend
Act). Section 3 of the Descend Act
requires commercial and recreational
fishermen to have a descending device
or a venting tool on the vessel and ready
for use when fishing for federally
managed reef fish species in Gulf of
Mexico (Gulf) Federal waters. The
purpose of this final rule is to clarify the
definitions of descending device and
venting tool in the Descend Act.
DATES
: This final rule is effective
February 14, 2022.
ADDRESSES
: Electronic copies of the
Descend Act and the Regulatory
Flexibility Act (RFA) analysis for this
proposed rule may be obtained from
www.regulations.gov or the NMFS
Southeast Regional Office website at
https://www.fisheries.noaa.gov/action/
descending-device-and-venting-tool-
direct-enhancement-snapper-
conservation-and-economy.
FOR FURTHER INFORMATION CONTACT
:
Peter Hood, NMFS Southeast Regional
Office, telephone: 727–824–5305, or
email: peter.hood@noaa.gov.
SUPPLEMENTARY INFORMATION
: On
January 13, 2021, the majority of the
Descend Act became effective with the
exception of section 3, which became
effective on January 13, 2022. Section 3
of the Descend Act amends the
Magnuson-Stevens Fishery
Conservation and Management Act
(Magnuson-Stevens Act) by adding
section 321, titled ‘‘Required possession
of descending devices.’’ Section 321 of
the Magnuson-Stevens Act requires
fishermen on commercial vessels,
charter vessels and headboats (for-hire
vessels), and private recreational vessels
to have a descending device or venting
tool rigged and ready to use when
fishing for Gulf reef fish in Federal
waters.
On November 9, 2021, NMFS
published a proposed rule in the
Federal Register to clarify the terms
used in the Descend Act and requested
public comment through December 9,
2021 (86 FR 62137). The proposed rule
provides additional background and
rationale for the actions contained in
this final rule.
This final rule clarifies the statutory
definitions in the Descend Act of
‘‘descending device’’ and ‘‘venting
tool,’’ which are devices designed to
help reduce post-release mortality of
fish from the effects of barotrauma.
Gulf reef fish are those fish included
in the Fishery Management Plan for the
Reef Fish Resources of the Gulf of
Mexico (Reef Fish FMP). A list of Gulf
reef fish can be found in Table 3 of
Appendix A to 50 CFR part 622—
Species Tables; Gulf Reef Fish, https://
www.ecfr.gov/current/title-50/chapter-
VI/part-622/appendix-Appendix
%20A%20to%20Part%20622. For
purposes of management under the Reef
Fish FMP, Federal waters in the Gulf
begin seaward of 9 nautical miles (16.7
km) from the coast off all the Gulf States
(Pub. L. 114–113, December 18, 2015,
and Pub. L. 115–31, May 5, 2017).
Barotrauma is an injury that may
occur to fish caused by the expansion of
gas inside a fish from the rapid decrease
of water pressure that occurs when a
fish is retrieved from depth. Signs of
barotrauma in fish include a distended
abdomen, bulging eyes, an everted
stomach, and bubbling under the scales.
Fish experiencing barotrauma often
have difficulty returning to deeper water
or float on the surface, which makes
them more vulnerable to predation from
dolphins, sharks and other fish, and
seabirds. Fishermen can help reduce
mortality to fish they release by using a
descending device or a venting tool
when barotrauma is affecting a fish that
has been caught. A descending device
lowers the fish back to depth where
internal gases recompress and the fish
can be released. A venting tool can
release gases in a fish’s abdomen at the
surface allowing the fish to swim
unaided back to depth.
The Descend Act defines the term
‘‘descending device’’ as an instrument
that will release a fish at a depth
sufficient for the fish to be able to
recover from the effects of barotrauma;
is a weighted hook, lip clamp, or box
that will hold the fish while it is
lowered to depth, or another device
determined to be appropriate by the
Secretary of Commerce (Secretary); and
is capable of releasing the fish
automatically, releasing the fish by
actions of the operator of the device, or
by allowing the fish to escape on its
own. This final rule clarifies that the
depth sufficient for a fish to be able to
recover from the effects of barotrauma is
the depth at which the fish was caught
and specifies the minimum weight and
minimum length of line required to be
consistent with the current regulatory
definition of descending device at 50
CFR 622.188(a)(4). The regulations in
paragraph 622.188(a)(4) were put in
place by NMFS in 2020 to implement
the South Atlantic Fishery Management
Council’s Regulatory Amendment 29 to
the Fishery Management Plan for the
Snapper-Grouper Fishery of the South
Atlantic (Snapper-Grouper FMP) (85 FR
36166, June 15, 2020). Those regulations
require a descending device be on board
a vessel and be ready for use while
fishing for or possessing South Atlantic
snapper-grouper.
The Descend Act states that the term
‘‘venting tool’’ has the meaning given to
it by the Gulf Council. The Gulf Council
defines the term ‘‘venting tool’’ in its
Policy on the Use of Venting Tools and
Descending Devices as a sharpened,
hollow instrument capable of
penetrating the abdomen of a fish to
release the excess gases accumulated in
the body cavity. The definition also
indicates a device that is not hollow,
such as a knife or ice pick, is not a
venting tool and will cause additional
damage to a fish. This final rule clarifies
that this definition of venting tool
applies to the Descend Act
requirements.
Management Measures Contained in
This Final Rule
Consistent with the requirement in
the Descend Act, this final rule requires
a descending device or a venting tool on
the vessel that is rigged and ready for
use while fishing for Gulf reef fish is
occurring. This final rule also clarifies
the statutory definitions of descending
device and venting tool to assist Gulf
reef fish fishermen in complying with
the statutory requirement. NMFS is not
approving or determining the
sufficiency of any specific devices
through this final rule.
Descending Device
This final rule defines a descending
device as a device capable of releasing
a fish at the depth from which the fish
was caught, and specifies that the
device must use a minimum of a 16-
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