Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 2353 

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. 

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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2354 Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 

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 

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 forwarders.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 hostage, 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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Federal Register / Vol. 87, No. 10 / Friday, January 14, 2022 / Rules and Regulations 2355 

[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-tooldirect-enhancement-snapperconservation-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/chapterVI/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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