2174 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations 

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. 

(17) 552.238–93, Order 

Acknowledgement. Use only for 

supplies. 

(18) 552.238–94, Accelerated Delivery 

Requirements. Use only for supplies. 

(19) 552.238–95, Separate Charge for 

Performance Oriented Packaging (POP). 

Use only for products defined as 

hazardous under Federal Standard No. 

313. 

(20) 552.238–96, Separate Charge for 

Delivery within Consignee’s Premises. 

Use only for supplies when allowing 

offerors to propose separate charges for 

deliveries within the consignee’s 

premises. 

(21) 552.238–97, Parts and Service. 

(22) 552.238–98, Clauses for Overseas 

Coverage. Use only when overseas 

acquisition is contemplated. Choose the 

most appropriate clause(s) to the 

contract scenario. For example there are 

multiple free on board (F.o.b.) clauses. 

Select those that apply best to what is 

being procured. The following clauses 

and provisions shall also be inserted in 

full text, when applicable. 

(i) FAR 52.214–34 Submission of 

Offers in the English Language. 

(ii) FAR 52.214–35 Submission of 

Offers in U.S. Currency. 

(iii) 552.238–90 Characteristics of 

Electric Current. 

(iv) 552.238–91 Marking and 

Documentation Requirements for 

Shipping. 

(v) 552.238–97 Parts and Service. 

(vi) 552.238–99 Delivery Prices 

Overseas. 

(vii) 552.238–100 Transshipments. 

(viii) 552.238–101 Foreign Taxes and 

Duties. 

(ix) FAR 52.247–29 F.o.b Origin. 

(x) FAR 52.247–34 F.o.b. Destination. 

(xi) FAR 52.247–48 F.o.b. 

Destination—Evidence of Shipment. 

(23) 552.238–99, Delivery Prices 

Overseas. Use only when overseas 

acquisition is contemplated. 

(24) 552.238–100, Transshipments. 

Use only when overseas acquisition is 

contemplated. 

(25) 552.238–101, Foreign Taxes and 

Duties. Use only when overseas 

acquisition is contemplated. 

(26) 552.238–102, English Language 

and U.S. Dollar Requirements. 

(27) 552.238–103, Electronic 

Commerce. This clause is not required 

for Department of Veterans Affairs 

Federal Supply Schedules. 

(28) 552.238–104, Dissemination of 

Information by Contractor. 

(29) 552.238–105, Deliveries Beyond 

the Contractual Period—Placing of 

Orders. 

(30) 552.238–106, Interpretation of 

Contract Requirements. 

(31) 552.238–107, Export Traffic 

Release (Supplies). Use in FSS 

solicitations and contracts for supplies. 

This clause is not required for vehicles. 

(32) 552.238–108, Spare Parts Kit. Use 

only for products requiring spare part 

kits. This information is to be specified 

at the order level. 

(33) 552.238–109, Authentication 

Supplies and Services. Use only for 

information technology associated with 

the Homeland Security Presidential 

Directive 12 (HSPD–12). 

(34) 552.238–110, Commercial 

Satellite Communication 

(COMSATCOM) Services. Use only for 

COMSATCOM services. 

(35) 552.238–111, Environmental 

Protection Agency Registration 

Requirement. Use only for supplies 

when products may require registration 

with the Environmental Protection 

Agency. 

(36) 552.238–116, Option to Extend 

the Term of the FSS Contract. Use when 

appropriate. 

(e) Insert the following fill-in 

information within the blank of 

paragraph (d) of FAR clause 52.216–22, 

Indefinite Quantity: ‘‘the completion of 

customer order, including options, 60 

months following the expiration of the 

FSS contract ordering period’’. 

[FR Doc. 2024–00519 Filed 1–11–24; 8:45 am] 

BILLING CODE 6820–61–P 

SURFACE TRANSPORTATION BOARD 

49 CFR Part 1022 

[Docket No. EP 716 (Sub-No. 9)] 

Civil Monetary Penalties—2024 

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 12, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Amy Ziehm at (202) 245–0391. If you 

require an accommodation under the 

Americans with Disabilities Act, please 

call (202) 245–0245. 

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, 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 1.03241, which reflects the 

percentage change between the October 

2023 CPI–U (307.671) and the October 

2022 CPI–U (298.012). 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 

2023, and the adjusted statutory civil 

penalty level for 2024. 


khammond on DSKJM1Z7X2PROD with RULES
Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations 2175 

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 9, 2024. 

By the Board, Board Members Fuchs, 

Hedlund, Oberman, Primus, and 

Schultz. Board Member Primus 

concurred with a separate expression. 

BOARD MEMBER PRIMUS, concurring: 

When the Board adjusted its civil 

monetary penalties last year, I wrote 

separately to express concern about the 

adequacy of the penalties afforded by 

statute. Civ. Monetary Penalties—2023 

Adjustment, EP 716 (Sub-No. 8) (STB 

served Jan. 13, 2023), slip op. at 3–4 

(Member Primus concurring). That 

concern remains today. The Board’s 

decision, consistent with the Federal 

Civil Penalties Inflation Adjustment Act 

Improvements Act of 2015, makes minor 

adjustments to its civil penalties—for 

example, increasing the penalty in 49 

U.S.C. 11901(a) from $9,413 to $9,718. 

For the reasons I stated last year, those 

penalties are unlikely to provide the 

deterrent effect intended by Congress, 

and Congress should address this 

inadequacy. 

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 

■ 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, 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 

2023— 

Penalty 

amount 

2024— 

Adjusted penalty 

amount 

EP 716_8 

(2023) 

EP 716_9 

(2024) 

Rail Carrier 

49 U.S.C. 11901(a) ................... Unless otherwise specified, maximum penalty for each knowing violation under this part, and for each day.$9,413 $9,718 

49 U.S.C. 11901(b) ................... For each violation under § 11124(a)(2) or (b) ......................................... 942 973 

49 U.S.C. 11901(b) ................... For each day violation continues ............................................................ 48 50 

49 U.S.C. 11901(c) .................... Maximum penalty for each knowing violation under §§ 10901–10906 ... 9,413 9,718 

49 U.S.C. 11901(d) ................... For each violation under §§ 11123 or 11124(a)(1) ................................. 187–942 193–973 

49 U.S.C. 11901(d) ................... For each day violation continues ............................................................ 94 97 

49 U.S.C. 11901(e)(1), (4) ........ For each violation under §§ 11141–11145, for each day ....................... 942 973 

49 U.S.C. 11901(e)(2), (4) ........ For each violation under § 11144(b)(1), for each day ............................. 187 193 

49 U.S.C. 11901(e)(3)–(4) ......... For each violation of reporting requirements, for each day .................... 187 193 

Motor and Water Carrier 

49 U.S.C. 14901(a) ................... Minimum penalty for each violation and for each day ............................ 1,288 1,330

49 U.S.C. 14901(a) ................... For each violation under §§ 13901 or 13902(c) ...................................... 12,883 13,301 

49 U.S.C. 14901(a) ................... For each violation related to transportation of passengers .................... 32,208 33,252 

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

Solid Waste Disposal Act.

25,767–51,534 26,602–53,204 


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2176 Federal Register / Vol. 89, No. 9 / Friday, January 12, 2024 / Rules and Regulations 

TABLE 1 TO PARAGRAPH (b)—Continued 

U.S. Code citation Civil monetary penalty description 

2023— 

Penalty 

amount 

2024— 

Adjusted penalty 

amount 

EP 716_8 

(2023) 

EP 716_9 

(2024) 

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

for each day.

1,881 1,942 

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

goods if broker provides estimate without carrier agreement.

18,826 19,436 

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

goods without being registered.

47,061 48,586 

49 U.S.C. 14901(e) ................... Minimum penalty for each violation of a transportation rule ................... 3,765 3,887 

49 U.S.C. 14901(e) ................... Minimum penalty for each additional violation ........................................ 9,413 9,718 

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

violation.

188,257 194,359 

49 U.S.C. 14904(a) ................... For first violation, rebates at less than the rate in effect ........................ 376 388 

49 U.S.C. 14904(a) ................... For all subsequent violations ................................................................... 472 487 

49 U.S.C. 14904(b)(1) ............... Maximum penalty for first violation for undercharges by freight forwarders.942 973 

49 U.S.C. 14904(b)(1) ............... Maximum penalty for subsequent violations ........................................... 3,765 3,887 

49 U.S.C. 14904(b)(2) ............... Maximum penalty for other first violations under § 13702 ...................... 942 973 

49 U.S.C. 14904(b)(2) ............... Maximum penalty for subsequent violations ........................................... 3,765 3,887 

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).

18,826 19,436 

49 U.S.C. 14906 ........................ Minimum penalty for first attempt to evade regulation ............................ 2,577 2,661 

49 U.S.C. 14906 ........................ Minimum amount for each subsequent attempt to evade regulation ..... 6,441 6,650 

49 U.S.C. 14907 ........................ Maximum penalty for recordkeeping/reporting violations ........................ 9,413 9,718 

49 U.S.C. 14908(a)(2) ............... Maximum penalty for violation of § 14908(a)(1) ...................................... 3,765 3,887 

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

violation, for each day.

942 973 

49 U.S.C. 14915(a)(1)–(2) ......... Minimum penalty for holding a household goods shipment hostage, for 

each day.

14,960 15,445 

49 U.S.C. 14916(c)(1) ............... Maximum penalty for each knowing violation under § 14916(a) for unlawful brokerage activities.12,883 13,301 

Pipeline Carrier 

49 U.S.C. 16101(a) ................... Maximum penalty for violation of this part, for each day ........................ 9,413 9,718 

49 U.S.C. 16101(b)(1), (4) ........ For each recordkeeping violation under § 15722, each day ................... 942 973 

49 U.S.C. 16101(b)(2), (4) ........ For each inspection violation liable under § 15722, each day ................ 187 193 

49 U.S.C. 16101(b)(3)–(4) ......... For each reporting violation under § 15723, each day ........................... 187 193 

49 U.S.C. 16103(a) ................... Maximum penalty for improper disclosure of information ....................... 1,881 1,942 

[FR Doc. 2024–00592 Filed 1–11–24; 8:45 am] 

BILLING CODE 4915–01–P 

DEPARTMENT OF COMMERCE 

National Oceanic and Atmospheric 

Administration 

50 CFR Part 679 

[Docket No. 230306–0065; RTID 0648– 

XD642] 

Fisheries of the Exclusive Economic 

Zone off Alaska; Reallocation of 

Pacific Cod in the Bering Sea and 

Aleutian Islands Management Area 

AGENCY: National Marine Fisheries 

Service (NMFS), National Oceanic and 

Atmospheric Administration (NOAA), 

Commerce. 

ACTION: Temporary rule; reallocation. 

SUMMARY: NMFS is reallocating the 

projected unused amount of Pacific cod 

from vessels using jig gear to catcher 

vessels less than 60 feet (18.3 meters) 

length overall using hook-and-line or 

pot gear in the Bering Sea and Aleutian 

Islands management area. This action is 

necessary to allow the A season 

apportionment of the 2024 total 

allowable catch of Pacific cod to be 

harvested. 

DATES: Effective January 10, 2024, 

through 2400 hours, Alaska local time 

(A.l.t.), December 31, 2024. 

FOR FURTHER INFORMATION CONTACT: 

Krista Milani, 907–581–2062. 

SUPPLEMENTARY INFORMATION: NMFS 

manages the groundfish fishery in the 

Bering Sea and Aleutian Islands (BSAI) 

according to the Fishery Management 

Plan for Groundfish of the Bering Sea 

and Aleutian Islands Management Area 

(FMP) prepared by the North Pacific 

Fishery Management Council under 

authority of the Magnuson-Stevens 

Fishery Conservation and Management 

Act. Regulations governing fishing by 

U.S. vessels in accordance with the FMP 

appear at subpart H of 50 CFR part 600 

and 50 CFR part 679. 

The A season apportionment of the 

2024 Pacific cod total allowable catch 

(TAC) specified for vessels using jig gear 

in the BSAI is 1,169 metric tons (mt) as 

established by the final 2023 and 2024 

harvest specifications for groundfish in 

the BSAI (88 FR 14926, March 10, 2023) 

and inseason adjustment (88 FR 88836, 

December 26, 2023). 

The 2024 Pacific cod TAC allocated to 

catcher vessels less than 60 feet (18.3 

meters (m)) length overall (LOA) using 

hook-and-line or pot gear in the BSAI is 

2,767 mt as established by final 2023 

and 2024 harvest specifications for 

groundfish in the BSAI (88 FR 14926, 

March 10, 2023) and inseason 


khammond on DSKJM1Z7X2PROD with RULES