Federal Register / Vol. 78, No. 170 / Tuesday, September 3, 2013 / Notices 54365 

Art, from on or about November 20, 

2013, until on or about March 9, 2014, 

and at possible additional exhibitions or 

venues yet to be determined, is in the 

national interest. I have ordered that 

Public Notice of these Determinations 

be published in the Federal Register. 

FOR FURTHER INFORMATION CONTACT: For 

further information, including a list of 

the exhibit objects, contact Paul W. 

Manning, Attorney-Adviser, Office of 

the Legal Adviser, U.S. Department of 

State (telephone: 202–632–6469). The 

mailing address is U.S. Department of 

State, SA–5, L/PD, Fifth Floor (Suite 

5H03), Washington, DC 20522–0505. 

Dated: August 27, 2013. 

Lee Satterfield, 

Deputy Assistant Secretary for Professional 

and Cultural Exchanges, Bureau of 

Educational and Cultural Affairs, Department 

of State. 

[FR Doc. 2013–21372 Filed 8–30–13; 8:45 am] 

BILLING CODE 4710–05–P 

DEPARTMENT OF STATE 

[Public Notice 8447] 

Foreign Affairs Policy Board Meeting 

Notice: Closed Meeting; Notice of 

Rescheduling 

The meeting of the Foreign Affairs 

Policy Board, formerly scheduled for 

September 9, 2013, has been 

rescheduled to September 11, 2013. See 

78 FR 51266, for the prior notice for the 

meeting as well as the Department’s 

closed meeting determination. 

For more information, contact 

Samantha Raddatz at (202)-647–2972. 

Dated: August 27, 2013. 

Andrew McCracken, 

Designated Federal Officer. 

[FR Doc. 2013–21373 Filed 8–30–13; 8:45 am] 

BILLING CODE 4710–10–P 

DEPARTMENT OF TRANSPORTATION 

Federal Motor Carrier Safety 

Administration 

Uniform Fine Assessment Version 4.0 

Software; Calculating Amounts of Civil 

Penalties for Violations of Regulations 

AGENCY: Federal Motor Carrier Safety 

Administration (FMCSA), DOT. 

ACTION: Notice. 

SUMMARY: FMCSA announces that the 

Agency has begun using the Uniform 

Fine Assessment (UFA) Version 4.0 

software to calculate the amounts of 

civil penalties for violations of the 

Federal Motor Carrier Safety 

Regulations (FMCSRs) and Hazardous 

Materials Regulations (HMRs). FMCSA 

is required to consider certain statutory 

factors when proposing civil penalties 

for violations of the FMCSRs and HMRs 

and since the mid-1990’s FMCSA has 

used its UFA software to consider those 

statutory factors. FMCSA has updated 

the UFA software to ensure that it 

adequately considers the statutory 

penalty factors for all statutes and 

regulations enforced by FMCSA; to 

implement the Agency’s policy for 

consideration of the Small Business 

Regulatory Enforcement Fairness Act; 

and, to ensure uniformity in proposed 

civil penalties. UFA 4.0 software also 

considers the factors set forth in 49 

U.S.C. 521(b)(2)(D) for violations of 

regulations where no statutory factors 

are otherwise specified by statute. To 

enhance transparency of the civil 

penalty calculation, UFA 4.0 generates a 

report detailing the calculations used to 

propose civil penalties. While UFA 4.0 

is used to calculate the majority of civil 

penalties proposed by FMCSA, the 

Agency may propose a civil penalty 

outside of UFA 4.0 when the proposed 

civil penalty calculated by UFA 4.0 

would not promote enhanced 

commercial motor vehicle safety or 

induce prompt and sustained 

compliance. In such cases, the Agency 

will nevertheless consider the 

applicable statutory factors to assess a 

penalty. This Federal Register Notice 

supersedes the Federal Register Notice 

issued by FMCSA entitled, ‘‘Civil 

Penalty Calculation Methodology. ’’ 76 

FR 71431, November 17, 2011. 

DATES: The UFA 4.0 software will be 

used to calculate penalties based on 

investigations that are initiated on or 

after August 12, 2013. 

FOR FURTHER INFORMATION CONTACT: 

Peter Hines, Office of Chief Counsel, 

Federal Motor Carrier Safety 

Administration, 4749 Lincoln Mall 

Drive, Suite 300, Matteson, IL 60443, by 

telephone at (708) 283–3568 or via 

email at peter.hines@dot.gov. Office 

hours are from 9 a.m. to 5 p.m. CT, 

Monday through Friday, except Federal 

holidays. 

SUPPLEMENTARY INFORMATION: 

Background 

Under 49 U.S.C. 521(b)(2)(D), 5123(c), 

14901(c), 31138 and 31139, FMCSA 

must consider specific prescribed 

factors in determining the amount of 

civil penalties assessed for violations of 

the statutes and regulations for which 

FMCSA has enforcement authority. The 

purpose of the UFA 4.0 software is to 

assist FMCSA in ensuring uniformity 

and fairness in the application of 

mandatory statutory factors in 

calculating proposed civil penalties for 

violations of the FMCSRs, HMRs, 

commercial regulations, rules 

concerning minimum levels of financial 

responsibility, registration regulations, 

and other statutes and regulations 

enforced by FMCSA. The software is 

designed to ensure that statutory, 

regulatory, and administrative policies 

are considered in determining each 

penalty assessment, to promote 

uniformity in assessments throughout 

FMCSA, and to create transparent and 

easily understood assessments. UFA 4.0 

is not intended to assess the same civil 

penalty for the same violations against 

every motor carrier, but to assess a 

penalty that is consistent between 

carriers of similar circumstances. 

FMCSA has used its UFA software to 

calculate penalties since the mid-1990’s. 

Under a long line of administrative 

decisions, starting with Alfred Chew & 

Martha Chew, dba Alfred & Martha 

Chew Trucking, FHWA–1996–5323 

(Final Order, Feb. 7 1996), FMCSA and 

its predecessor agency have held that 

UFA is presumed to properly consider 

the statutory penalty factors under 49 

U.S.C. 521(b)(2)(D), 49 U.S.C. 5123(c), 

and 49 U.S.C. 31138 and 31139. 

UFA 4.0 simplifies the algorithm 

previously used to calculate proposed 

penalties. The software also 

incorporates the increased penalties 

mandated by The Moving Ahead for 

Progress in the 21st Century Act (MAP– 

21), Public Law 112–141 (July 6, 2012). 

UFA 4.0 takes into account the factors 

set forth in 49 U.S.C. 521(b)(2)(D) for 

violations of the FMCSRs, 49 U.S.C. 

5123(c) for violations of the HMRs, 49 

U.S.C. 14901(c) for violations 

concerning transportation of household 

goods, and 49 U.S.C. 31138 and 31139 

for violations of regulations related to 

financial responsibility. 

Congress has not delineated statutory 

penalty factors (other than minimum 

and/or maximum penalties) for 

violations of operating authority 

registration requirements, other 

commercial regulations (49 CFR Parts 

360–379) and Commercial Driver’s 

License regulations (Parts 382 and 383). 

FMCSA has determined that the use of 

the statutory factors in 49 U.S.C. 521(b) 

(the factors used to assess penalties for 

violations of FMCSRs) are appropriate 

for these violations as well as for any 

other statutory or regulatory violations 

where Congress has not identified any 

specific factors the Agency is required 

to consider in assessing civil penalties. 

Use of the statutory factors promotes 

uniformity and consistency in the 

Agency’s determination of the 

appropriate amount of civil penalties. 


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