3026 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

86 40 CFR 1501.6(a). 

1The 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. 

is appropriate. This statement 

constitutes the Agency’s ‘‘finding of no 

significant impact,’’ and an 

environmental impact statement will 

not be prepared.86 NHTSA will review 

comments regarding applying the 

adjustment beginning in model year 

2023 as appropriate. 

6. Executive Order 12778 (Civil Justice 

Reform) 

This rule does not have a preemptive 

or retroactive effect—specifically, it 

modifies a regulation to avoid having a 

retroactive effect. Judicial review of a 

rule based on this interim final rule may 

be obtained pursuant to 5 U.S.C. 702. 

7. Paperwork Reduction Act 

In accordance with the Paperwork 

Reduction Act of 1980, NHTSA states 

that there are no requirements for 

information collection associated with 

this rulemaking action. 

8. Privacy Act 

Please note that anyone is able to 

search the electronic form of all 

comments received into any of DOT’s 

dockets by the name of the individual 

submitting the comment (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 19477), or you may visit http:// 

dms.dot.gov. 

9. Congressional Review Act 

Pursuant to the Congressional Review 

Act (5 U.S.C. 801 et seq.), the Office of 

Information and Regulatory Affairs 

designated this action as a ‘‘major rule,’’ 

as defined by 5 U.S.C. 804(2). For the 

reasons explained above, NHTSA finds 

that notice and public comment are 

impracticable, unnecessary, and 

contrary to the public interest. NHTSA 

will submit a rule report to each House 

of the Congress and to the Comptroller 

General of the United States. 

List of Subjects in 49 CFR Part 578 

Imports, Motor vehicle safety, Motor 

vehicles, Penalties, Rubber and rubber 

products, Tires. 

In consideration of the foregoing, 49 

CFR part 578 is amended as set forth 

below. 

PART 578—CIVIL AND CRIMINAL 

PENALTIES 

■ 1. The authority citation for 49 CFR 

part 578 continues to read as follows: 

Authority: Pub. L. 101–410, 104 Stat. 890; 

Pub. L. 104–134, 110 Stat. 1321; Pub. L. 109– 

59, 119 Stat. 1144; Pub. L. 114–74, 129 Stat. 

584; Pub. L. 114–94, 129 Stat. 1312; 49 U.S.C. 

30165, 30170, 30505, 32308, 32309, 32507, 

32709, 32710, 32902, 32912, and 33115; 

delegation of authority at 49 CFR 1.81, 1.95. 

■ 2. Amend § 578.6 by revising 

paragraph (h) to read as follows: 

§ 578.6 Civil penalties for violations of 

specified provisions of Title 49 of the United 

States Code. 

* * * * * 

(h) Automobile fuel economy. (1) A 

person that violates 49 U.S.C. 32911(a) 

is liable to the United States 

Government for a civil penalty of not 

more than $43,280 for each violation. A 

separate violation occurs for each day 

the violation continues. 

(2) Except as provided in 49 U.S.C. 

32912(c), beginning with model year 

2022, a manufacturer that violates a 

standard prescribed for a model year 

under 49 U.S.C. 32902 is liable to the 

United States Government for a civil 

penalty of $14, plus any adjustments for 

inflation that occurred or may occur (for 

model years before model year 2022), 

multiplied by each .1 of a mile a gallon 

by which the applicable average fuel 

economy standard under that section 

exceeds the average fuel economy— 

(i) Calculated under 49 U.S.C. 

32904(a)(1)(A) or (B) for automobiles to 

which the standard applies 

manufactured by the manufacturer 

during the model year; 

(ii) Multiplied by the number of those 

automobiles; and 

(iii) Reduced by the credits available 

to the manufacturer under 49 U.S.C. 

32903 for the model year. 

Note 1 to paragraph (h)(2): If the 

August 31, 2020 decision of the United 

States Court of Appeals for the Second 

Circuit in Case No. 19–2395 is vacated, 

49 CFR 578.6(h)(2), revised October 1, 

2019, would apply to all model years, 

instead of paragraph (h)(2) of this 

section. In such instance, NHTSA 

would amend this section in accordance 

with such vacatur. 

Issued in Washington, DC, under authority 

delegated in 49 CFR 1.95, and 501.5. 

James Clayton Owens, 

Deputy Administrator. 

[FR Doc. 2021–00278 Filed 1–12–21; 11:15 am] 

BILLING CODE 4910–59–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Part 1022 

[Docket No. EP 716 (Sub-No. 6)] 

Civil Monetary Penalties—2021 

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, 2021. 

FOR FURTHER INFORMATION CONTACT: 

Sarah Fancher at (202) 245–0355. 

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 part 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 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 3027 

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 1.01182, which reflects the 

percentage change between the October 

2020 CPI–U (260.388) and the October 

2019 CPI–U (257.346). 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 

2020, and the adjusted statutory civil 

penalty level for 2021. 

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 

January 14, 2021. 

Decided Date: January 11, 2021. 

By the Board, Board Members Begeman, 

Fuchs, Oberman, and Primus. 

Tammy Lowery, 

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: 

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: 

TABLE 1 TO PARAGRAPH (b) 

U.S. code citation Civil monetary penalty description 

Adjusted 

penalty 

amount 2020 

Adjusted 

penalty 

amount 2021 

Rail Carrier Civil Penalties 

49 U.S.C. 11901(a) ...................... Unless otherwise specified, maximum penalty for each knowing 

violation under this part, and for each day.

$8,128 $8,224 

49 U.S.C. 11901(b) ...................... For each violation under § 11124(a)(2) or (b) ................................... 813 823 

49 U.S.C. 11901(b) ...................... For each day violation continues ...................................................... 42 42 

49 U.S.C. 11901(c) ...................... Maximum penalty for each knowing violation under §§ 10901– 

10906.

8,128 8,224 

49 U.S.C. 11901(d) ...................... For each violation under §§ 11123 or 11124(a)(1) ........................... 162–813 164–823 

49 U.S.C. 11901(d) ...................... For each day violation continues ...................................................... 81 82 

49 U.S.C. 11901(e)(1), (4) ........... For each violation under §§ 11141–11145, for each day ................. 813 823 

49 U.S.C. 11901(e)(2), (4) ........... For each violation under § 11144(b)(1), for each day ...................... 162 164 

49 U.S.C. 11901(e)(3)–(4) ........... For each violation of reporting requirements, for each day ............. 162 164 

Motor and Water Carrier Civil Penalties 

49 U.S.C. 14901(a) ...................... Minimum penalty for each violation and for each day ...................... 1,112 1,125 

49 U.S.C. 14901(a) ...................... For each violation under §§ 13901 or 13902(c) ................................ 11,125 11,257 

49 U.S.C. 14901(a) ...................... For each violation related to transportation of passengers .............. 27,813 28,142 

49 U.S.C. 14901(b) ...................... For each violation of the hazardous waste rules under § 3001 of 

the Solid Waste Disposal Act.

22,251–44,501 22,514–45,027 

49 U.S.C. 14901(d)(1) ................. Minimum penalty for each violation of household good regulations, 

and for each day.

1,625 1,644 


khammond on DSKJM1Z7X2PROD with RULES
3028 Federal Register / Vol. 86, No. 9 / Thursday, January 14, 2021 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (b)—Continued 

U.S. code citation Civil monetary penalty description 

Adjusted 

penalty 

amount 2020 

Adjusted 

penalty 

amount 2021 

49 U.S.C. 14901(d)(2) ................. Minimum penalty for each instance of transportation of household 

goods if broker provides estimate without carrier agreement.

16,258 16,450 

49 U.S.C. 14901(d)(3) ................. Minimum penalty for each instance of transportation of household 

goods without being registered.

40,640 41,120 

49 U.S.C. 14901(e) ...................... Minimum penalty for each violation of a transportation rule ............ 3,251 3,289 

49 U.S.C. 14901(e) ...................... Minimum penalty for each additional violation .................................. 8,128 8,224 

49 U.S.C. 14903(a) ...................... Maximum penalty for undercharge or overcharge of tariff rate, for 

each violation.

162,568 164,490 

49 U.S.C. 14904(a) ...................... For first violation, rebates at less than the rate in effect .................. 325 329 

49 U.S.C. 14904(a) ...................... For all subsequent violations ............................................................ 407 412 

49 U.S.C. 14904(b)(1) ................. Maximum penalty for first violation for undercharges by freight forwarders.813 823 

49 U.S.C. 14904(b)(1) ................. Maximum penalty for subsequent violations ..................................... 3,251 3,289

49 U.S.C. 14904(b)(2) ................. Maximum penalty for other first violations under § 13702 ................ 813 823 

49 U.S.C. 14904(b)(2) ................. Maximum penalty for subsequent violations ..................................... 3,251 3,289

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).

16,258 16,450 

49 U.S.C. 14906 .......................... Minimum penalty for first attempt to evade regulation ..................... 2,226 2,252 

49 U.S.C. 14906 .......................... Minimum amount for each subsequent attempt to evade regulation 5,562 5,628 

49 U.S.C. 14907 .......................... Maximum penalty for recordkeeping/reporting violations ................. 8,128 8,224 

49 U.S.C. 14908(a)(2) ................. Maximum penalty for violation of § 14908(a)(1) ............................... 3,251 3,289 

49 U.S.C. 14910 .......................... When another civil penalty is not specified under this part, for each 

violation, for each day.

813 823 

49 U.S.C. 14915(a)(1)–(2) ........... Minimum penalty for holding a household goods shipment hostage, for each day.12,919 13,072 

49 U.S.C. 14916(c)(1) .................. Maximum penalty for each knowing violation under § 14916(a) for 

unlawful brokerage activities.

11,125 11,257 

Pipeline Carrier Civil Penalties 

49 U.S.C. 16101(a) ...................... Maximum penalty for violation of this part, for each day ................. 8,128 8,224 

49 U.S.C. 16101(b)(1), (4) ........... For each recordkeeping violation under § 15722, each day ............ 813 823 

49 U.S.C. 16101(b)(2), (4) ........... For each inspection violation liable under § 15722, each day ......... 162 164 

49 U.S.C. 16101(b)(3)–(4) ........... For each reporting violation under § 15723, each day ..................... 162 164 

49 U.S.C. 16103(a) ...................... Maximum penalty for improper disclosure of information ................. 1,625 1,644 

[FR Doc. 2021–00755 Filed 1–13–21; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 229 

[Docket No. 210108–0005] 

RIN 0648–BJ72 

List of Fisheries for 2021 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Final rule. 

SUMMARY: The National Marine 

Fisheries Service (NMFS) publishes its 

final List of Fisheries (LOF) for 2021, as 

required by the Marine Mammal 

Protection Act (MMPA). The LOF for 

2021 reflects new information on 

interactions between commercial 

fisheries and marine mammals. NMFS 

must classify each commercial fishery 

on the LOF into one of three categories 

under the MMPA based upon the level 

of mortality and serious injury of marine 

mammals that occurs incidental to each 

fishery. The classification of a fishery on 

the LOF determines whether 

participants in that fishery are subject to 

certain provisions of the MMPA, such as 

registration, observer coverage, and take 

reduction plan (TRP) requirements. 

DATES: The effective date of this final 

rule is February 16, 2021. 

ADDRESSES: Chief, Marine Mammal and 

Sea Turtle Conservation Division, Office 

of Protected Resources, NMFS, 1315 

East-West Highway, Silver Spring, MD 

20910. 

FOR FURTHER INFORMATION CONTACT: 

Jaclyn Taylor, Office of Protected 

Resources, 301–427–8402; Allison 

Rosner, Greater Atlantic Region, 978– 

281–9328; Jessica Powell, Southeast 

Region, 727–824–5312; Dan Lawson, 

West Coast Region, 206–526–4740; 

Suzie Teerlink, Alaska Region, 907– 

586–7240; Diana Kramer, Pacific Islands 

Region, 808–725–5167. Individuals who 

use a telecommunications device for the 

hearing impaired may call the Federal 

Information Relay Service at 1–800– 

877–8339 between 8 a.m. and 4 p.m. 

Eastern time, Monday through Friday, 

excluding Federal holidays. 

SUPPLEMENTARY INFORMATION: 

What is the List of Fisheries? 

Section 118 of the MMPA requires 

NMFS to place all U.S. commercial 

fisheries into one of three categories 

based on the level of incidental 

mortality and serious injury of marine 

mammals occurring in each fishery (16 

U.S.C. 1387(c)(1)). The classification of 

a fishery on the LOF determines 

whether participants in that fishery may 

be required to comply with certain 

provisions of the MMPA, such as 

registration, observer coverage, and take 

reduction plan requirements. NMFS 

must reexamine the LOF annually, 

considering new information in the 

Marine Mammal Stock Assessment 

Reports (SARs) and other relevant 


khammond on DSKJM1Z7X2PROD with RULES