[Federal Register Volume 79, Number 241 (Tuesday, December 16, 2014)]
[Notices]
[Pages 74727-74728]
[FR Doc No: 2014-29425]

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DEPARTMENT OF HEALTH AND HUMAN SERVICES

Food and Drug Administration

[Docket No. FDA-2014-N-0809]

Agency Information Collection Activities; Submission for Office
of Management and Budget Review; Comment Request; Requirements for
Submission of Bioequivalence Data

AGENCY: Food and Drug Administration, HHS.

ACTION: Notice.

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SUMMARY: The Food and Drug Administration (FDA) is announcing that a
proposed collection of information has been submitted to the Office of
Management and Budget (OMB) for review and clearance under the
Paperwork Reduction Act of 1995.

DATES: Fax written comments on the collection of information by January
15, 2015.

ADDRESSES: To ensure that comments on the information collection are
received, OMB recommends that written comments be faxed to the Office
of Information and Regulatory Affairs, OMB, Attn: FDA Desk Officer,
FAX:<PHONE_NUMBER>, or emailed to<EMAIL_ADDRESS>All
comments should be identified with the OMB control number 0910-0630.
Also include the FDA docket number found in brackets in the heading of
this document.

FOR FURTHER INFORMATION CONTACT: FDA PRA Staff, Office of Operations,
Food and Drug Administration, 8455 Colesville Rd., COLE-14526, Silver
Spring, MD 20993-0002<EMAIL_ADDRESS>
SUPPLEMENTARY INFORMATION: In compliance with 44 U.S.C. 3507, FDA has
submitted the following proposed collection of information to OMB for
review and clearance.
    Requirements for Submission of In Vivo Bioequivalence Data--21 CFR
parts 314 and 320.

OMB Control Number 0910-0630--Extension

    In the Federal Register of January 16, 2009 (74 FR 2849), the
Agency published a final rule revising FDA regulations to require
applicants to submit data on all bioequivalence (BE) studies, including
studies that do not meet passing bioequivalence criteria, which are
performed on a drug product formulation submitted for approval under an
abbreviated new drug application (ANDA), or in an amendment or
supplement to an ANDA that contains BE studies. In the final rule, FDA
amended 314.94(a)(7)(i), 314.96(a)(1), 320.21(b)(1), and 314.97 (21 CFR
314.94(a)(7)(i), 314.96(a)(1), 320.21(b)(1), and 314.97) to require an
ANDA applicant to submit information from all BE studies, both passing
and nonpassing, conducted by the applicant on the same drug product
formulation as that submitted for approval under an ANDA, amendment, or
supplement.
    In table 1, FDA has estimated the reporting burden associated with
each section of this requirement. FDA believes that the majority of
additional BE studies will be reported in ANDAs (submitted under
314.94), rather than supplements (reported in 314.97) because it is
unlikely than an ANDA holder will conduct BE studies with a drug after
the drug has been approved. With respect to the reporting of additional
BE studies in amendments (submitted under 314.96), this should also
account for a small number of reports because most BE studies will be
conducted on a drug prior to the submission of the ANDA and will be
reported in the ANDA itself.
    FDA estimates applicants will require approximately 120 hours of
staff time to prepare and submit each additional complete BE study
report and approximately 60 hours of staff time for each additional BE
summary report. The Agency believes that a complete report will be
required approximately 20 percent of the time, while a summary will
suffice approximately 80 percent of the time. Based on a weighted-
average calculation using the information presented previously in this
document, the submission of each additional BE study is expected to
take 72 hours of staff time ([120 x 0.2] + [60 x 0.8]).
    In the Federal Register of June 26, 2014 (79 FR 36320), FDA
published a 60-day notice requesting public comment on the proposed
collection of information. No comments were received.
    FDA estimates the burden of this collection of information as
follows:

                                 Table 1--Estimated Annual Reporting Burden \1\
----------------------------------------------------------------------------------------------------------------
                                                     Number of
         21 CFR section              Number of     responses per   Total annual   Average burden    Total hours
                                    respondents     respondent       responses     per response
----------------------------------------------------------------------------------------------------------------
314.94(a)(7)....................              84               1              84              72           6,048
314.96(a)(1)....................               1               1               1              72              72
314.97..........................               1               1               1              72              72
                                 -------------------------------------------------------------------------------
    Total.......................  ..............  ..............  ..............  ..............           6,192
----------------------------------------------------------------------------------------------------------------
\1\ There are no capital costs or operating and maintenance costs associated with this collection of
  information.

    Dated: December 10, 2014.
Leslie Kux,
Associate Commissioner for Policy.
[FR Doc. 2014-29425 Filed 12-15-14; 8:45 am]
BILLING CODE 4164-01-P


[Federal Register Volume 82, Number 116 (Monday, June 19, 2017)]
[Notices]
[Page 27805]
[FR Doc No: 2017-12678]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER17-1774-000]

NextEra Energy Bluff Point, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
NextEra Energy Bluff Point, LLC`s application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 28, 2017.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
5 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for electronic review in the
Commission's Public Reference Room in Washington, DC. There is an
eSubscription link on the Web site that enables subscribers to receive
email notification when a document is added to a subscribed docket(s).
For assistance with any FERC Online service, please email
<EMAIL_ADDRESS>or call<PHONE_NUMBER> (toll free). For
TTY, call<PHONE_NUMBER>.

    Dated: June 8, 2017.
Kimberly D. Bose,
Secretary.
[FR Doc. 2017-12678 Filed 6-16-17; 8:45 am]
 BILLING CODE 6717-01-P


[Federal Register Volume 76, Number 88 (Friday, May 6, 2011)]
[Rules and Regulations]
[Pages 26183-26186]
[FR Doc No: 2011-11057]

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DEPARTMENT OF HOMELAND SECURITY

Coast Guard

33 CFR Part 165

[Docket No. USCG-2011-0297]
RIN 1625-AA00

Safety Zone; Repair of High Voltage Transmission Lines to Logan
International Airport, Saugus River, Saugus, MA

AGENCY: Coast Guard, DHS.

ACTION: Temporary final rule.

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SUMMARY: The Coast Guard is establishing a temporary safety zone on the
Saugus River, Lynn, Massachusetts, within the Captain of the Port
(COTP) Boston Zone to allow for repair of high voltage transmission
lines to Logan Airport. This safety zone is required to provide for the
safety of life on navigable waters during the repair of high voltage
transmission lines. Entering into, transiting through, mooring or
anchoring within this zone is prohibited unless authorized by the COTP.

DATES: This rule is effective from 9 a.m. on May 7, 2011, to 9 a.m. on
May 9, 2011. The regulation will be enforced from 9 a.m. to 2 p.m.
daily on May 7, 2011, and May 8, 2011.

ADDRESSES: Comments and material received from the public, as well as
documents mentioned in this preamble as being available in the docket,
are part of docket USCG-2011-0297 and are available online by going to
http://www.regulations.gov, inserting USCG-2011-0297 in the ``Keyword''
box, and then clicking ``Search.'' This material is also available for
inspection or copying at the Docket Management Facility (M-30), U.S.
Department of Transportation, West Building Ground Floor, Room W12-140,
1200 New Jersey Avenue, SE., Washington, DC 20590, between 9 a.m. and 5
p.m., Monday through Friday, except Federal holidays.

FOR FURTHER INFORMATION CONTACT: If you have questions on this
temporary rule, call or e-mail MST1 David Labadie of the Waterways
Management Division, U.S. Coast Guard Sector Boston; telephone 617-223-
3010, e-mail<EMAIL_ADDRESS>If you have questions on viewing
material to the docket, call Renee V. Wright, Program Manager, Docket
Operations, telephone<PHONE_NUMBER>.

SUPPLEMENTARY INFORMATION:

Regulatory Information

    On January 26, 2011, we published a notice of proposed rulemaking
(NPRM) entitled, Safety Zone; Repair of High Voltage Transmission Lines
to Logan International Airport, Saugus River, Saugus, Massachusetts, in
the Federal Register (76 FR 4575-4577). We received no comments on the
proposed rule. No public meeting was requested, and none was held.
    On April 8, 2011, we published a final rule (FR) of the same in the
Federal Register (76 FR 19698-19701). In the final rule, the safety
zone has an effective date beginning on May 9, 2011. Based on limited
equipment availability, the repair date schedule has since been moved
up to May 7, 2011 and May 8, 2011.
    The Coast Guard is issuing this temporary final rule without prior
notice and opportunity to comment pursuant to authority under section
4(a) of the Administrative Procedure Act (APA) (5 U.S.C. 553(b)). This
provision authorizes an agency to issue a rule without prior notice and
opportunity to comment when the agency for good cause finds that those
procedures are ``impracticable, unnecessary, or contrary to the public
interest.'' Under 5 U.S.C. 553(b)(B), the Coast Guard finds that good
cause exists for not publishing a notice of proposed rulemaking (NPRM)
with respect to this rule because sufficient information regarding the
change of the repair date was not received in time to publish a NPRM
followed by a final rule before the effective date, thus making the
publication of a NPRM impractical. Immediate action is necessary to
provide for the safety of life on navigable waters during the repair of
high voltage transmission lines.
    Under 5 U.S.C. 553(d)(3), the Coast Guard finds that good cause
exists for making this rule effective less than 30 days after
publication in the Federal Register because the safety zone as
currently published, will not be in effect until after the completion
of the repair operations for which the safety zone is required. The
timeline for this rule is based on the limited availability of
equipment needed to complete the repairs. Because of the vital
importance of the repairs to Logan Airport, and the safety zone
necessary to complete those repairs, delaying this rule would be
contrary to public interest.

Background and Purpose

    This rule is necessary to ensure the safety of vessels and workers
from the hazards associated with work related to repairs of high
voltage transmission lines over navigable waters. This temporary safety
zone will be in effect during the repair of the high voltage
transmission lines that feed Logan Airport. The safety zone will be
enforced immediately before, during and after the start of the repairs.
National Grid, the transmission line repair company has specified the
repairs will take place on May 7, 2011 and May 8, 2011, to begin each
day at 9 a.m. and end at 2 p.m.
    The COTP will also inform the public using a variety of means,
including Local Notice to Mariners and Broadcast Notice to Mariners.
    All persons and vessels shall comply with the instructions of the
COTP Boston or the designated on-scene representative. Entering into,
transiting through, mooring or anchoring within the safety zone is
prohibited unless authorized by the COTP Boston or the designated on
scene representative. The COTP or the designated on scene
representative may be contacted via VHF Channel 16 or by telephone at
(617) 223-5750.

Regulatory Analyses

    We developed this rule after considering numerous statutes and
executive orders related to rulemaking. Below we summarize our analyses
based on 13 of these statutes or executive orders.

Regulatory Planning and Review

    This rule is not a significant regulatory action under section 3(f)
of Executive Order 12866, Regulatory Planning and Review, and does not
require an assessment of potential costs and benefits under section
6(a)(3) of that Order. The Office of Management and Budget has not
reviewed it under that Order.
    The Coast Guard determined that this rule is not a significant
regulatory action for the following reasons: The safety zone will be of
limited duration, is located in a waterway that has no deep draft
commercial traffic and is designed to avoid, to the extent possible,
fishing and recreational boating traffic routes. Persons and vessels
may still enter, transit through, anchor in, or remain within the
regulated area if they obtain permission from the COTP or the
designated representative.

Small Entities

Small Entities

    Under the Regulatory Flexibility Act (5 U.S.C. 601-612), we have
considered whether this rule would have a significant economic impact
on a substantial number of small entities. The term ``small entities''
comprises small businesses, not-for-profit organizations that are
independently owned and operated and are not dominant in their fields,
and governmental jurisdictions with populations of less than 50,000.
    The Coast Guard certifies under 5 U.S.C. 605(b) that this rule
would not have a significant economic impact on a substantial number of
small entities.
    This rule will affect the following entities, some of which may be
small entities: The owners or operators of vessels intending to enter,
transit through, moor or anchor in a portion of the Saugus River during
a 48 hour enforcement period related to repairs of high voltage
transmission lines to Logan Airport.
    This rule will not have a significant economic impact on a
substantial number of small entities for the following reasons:
National Grid intends to make repairs to the high voltage transmission
lines running to Logan Airport during a 48 hour period between the
hours of 9 a.m. and 2 p.m. daily. This time window will allow the local
lobster fishing fleet to transit to the fishing grounds and return home
at night with only minor inconvenience. The local harbormasters have
notified their tenants in advance of the intended repairs, thus
allowing Saugus River users to plan accordingly. Vessel traffic will be
allowed to pass through the zone prior to 9 a.m. and after 2 p.m. and
if necessary through the zone if they first obtain permission from the
COTP. Before the effective period, we will issue maritime advisories
widely available to users of the river.

Assistance for Small Entities

    Under section 213(a) of the Small Business Regulatory Enforcement
Fairness Act of 1996 (Pub. L. 104-121), we offer to assist small
entities in understanding the rule so that they can better evaluate its
effects on them and participate in the rulemaking process. If the rule
would affect your small business, organization, or governmental
jurisdiction and you have questions concerning its provisions or
options for compliance, please contact MST1 David Labadie at the
telephone number or e-mail address indicated under the FOR FURTHER
INFORMATION CONTACT section of this notice.
    Small businesses may send comments on the actions of Federal
employees who enforce, or otherwise determine compliance with, Federal
regulations to the Small Business and Agriculture Regulatory
Enforcement Ombudsman and the Regional Small Business Regulatory
Fairness Boards. The

Ombudsman evaluates these actions annually and rates each agency's
responsiveness to small business. If you wish to comment on actions by
employees of the Coast Guard, call 1-888-REG-FAIR (1-888-734-3247). The
Coast Guard will not retaliate against small entities that question or
complain about this rule or any policy or action of the Coast Guard.

Collection of Information

    This rule calls for no new collection of information under the
Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

Federalism

    A rule has implications for federalism under Executive Order 13132,
Federalism, if it has a substantial direct effect on State or local
governments and would either preempt State law or impose a substantial
direct cost of compliance on them. We have analyzed this rule under
that Order and have determined that it does not have implications for
federalism.

Unfunded Mandates Reform Act

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $100,000,000 (adjusted for
inflation) or more in any one year. Though this rule will not result in
such expenditure, we do discuss the effects of this rule elsewhere in
this preamble.

Taking of Private Property

    This rule will not cause a taking of private property or otherwise
have taking implications under Executive Order 12630, Governmental
Actions and Interference with Constitutionally Protected Property
Rights.

Civil Justice Reform

    This rule meets applicable standards in sections 3(a) and 3(b)(2)
of Executive Order 12988, Civil Justice Reform, to minimize litigation,
eliminate ambiguity, and reduce burden.

Protection of Children

    We have analyzed this rule under Executive Order 13045, Protection
of Children from Environmental Health Risks and Safety Risks. This rule
is not an economically significant rule and does not create an
environmental risk to health or risk to safety that may
disproportionately affect children.

Indian Tribal Governments

    This rule does not have tribal implications under Executive Order
13175, Consultation and Coordination with Indian Tribal Governments,
because it does not have a substantial direct effect on one or more
Indian tribes, on the relationship between the Federal Government and
Indian tribes, or on the distribution of power and responsibilities
between the Federal Government and Indian tribes.

Energy Effects

    We have analyzed this rule under Executive Order 13211, Actions
Concerning Regulations That Significantly Affect Energy Supply,
Distribution, or Use. We have determined that it is not a ``significant
energy action'' under that order because it is not a ``significant
regulatory action'' under Executive Order 12866 and is not likely to
have a significant adverse effect on the supply, distribution, or use
of energy. The Administrator of the Office of Information and
Regulatory Affairs has not designated it as a significant energy
action. Therefore, it does not require a Statement of Energy Effects
under Executive Order 13211.

Technical Standards

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through the Office of Management and Budget, with an explanation of why
using these standards would be inconsistent with applicable law or
otherwise impractical. Voluntary consensus standards are technical
standards (e.g., specifications of materials, performance, design, or
operation; test methods; sampling procedures; and related management
systems practices) that are developed or adopted by voluntary consensus
standards bodies.
    This rule does not use technical standards. Therefore, we did not
consider the use of voluntary consensus standards.

Environment

    We have analyzed this rule under Department of Homeland Security
Management Directive 023-01 and Commandant Instruction M16475.lD, which
guide the Coast Guard in complying with the National Environmental
Policy Act of 1969 (NEPA) (42 U.S.C. 4321-4370f), and have concluded
that this action is one of a category of actions that do not
individually or cumulatively have a significant effect on the human
environment. This rule is categorically excluded, under figure 2-1,
paragraph (34)(g), of the Instruction. This rule involves the
establishment of a safety zone. An environmental analysis checklist and
a categorical exclusion determination are available in the docket where
indicated under ADDRESSES.

List of Subjects in 33 CFR Part 165

    Marine safety, Navigation (water), Reporting and recordkeeping
requirements, Waterways.

    For the reasons discussed in the preamble, the Coast Guard amends
33 CFR Part 165 as follows:

PART 165--REGULATED NAVIGATION AREAS AND LIMITED ACCESS AREAS

0
1. The authority citation for part 165 continues to read as follows:

    Authority:  33 U.S.C. 1226, 1231; 46 U.S.C. Chapter 701, 3306,
3703; 50 U.S.C. 191, 195; 33 CFR 1.05-1(g), 6.04-1, 6.04-6, and
160.5; Pub. L. 107-295, 116 Stat. 2064; Department of Homeland
Security Delegation No. 0170.1.

0
2. Add Sec.  165.T01-0297 to read as follows:

Sec.  165.T01-0297  Safety Zone; Repair of High Voltage Transmission
Lines to Logan International Airport; Saugus River, Saugus, MA.

    (a) General. A temporary safety zone is established for repair of
high voltage transmission lines to Logan International Airport; Saugus
River, Saugus, MA:
    (1) Location. All waters of the Saugus River, from surface to
bottom, within a 250-yard radius of position 42[deg]26'42'' N;
070[deg]58'14'' W.
    (2) Effective Period. This rule is effective from 9 a.m. on May 7,
2011 to 9 a.m. on May 9, 2011.
    (3) Enforcement Period. This rule will be enforced from 9 a.m. to 2
p.m. daily on May 7, 2011 and May 8, 2011.
    (b) Regulations. (1) In accordance with the general regulations in
Section 165.23 of this part, entry into, transiting or anchoring within
this regulated area is prohibited unless authorized by the Captain of
the Port (COTP) Boston, or his designated on-scene representative.
    (2) The ``on-scene representative'' of the COTP Boston is any Coast
Guard commissioned, warrant, or petty officer who has been designated
by the COTP Boston to act on his behalf. The on-scene representative
will be aboard either a Coast Guard or Coast Guard Auxiliary vessel.
The COTP or the designated on-scene representative may be contacted by
telephone at<PHONE_NUMBER> or on VHF Channel 16.
    (3) Persons and vessels desiring to enter, transit through, anchor
in, or

remain within the regulated area may request permission from the COTP
or the designated representative by contacting Sector Boston by
telephone at<PHONE_NUMBER> or VHF radio channel 16.

    Dated: April 22, 2011.
John N. Healey,
Captain, U.S. Coast Guard, Captain of the Port Boston.
[FR Doc. 2011-11057 Filed 5-5-11; 8:45 am]
BILLING CODE 9110-04-P


[Federal Register Volume 82, Number 69 (Wednesday, April 12, 2017)]
[Rules and Regulations]
[Pages 17584-17593]
[FR Doc No: 2017-07316]

=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Motor Carrier Safety Administration

49 CFR Part 386

[Docket Number: FMCSA-2016-0128]
RIN 2126-AB93

Federal Civil Penalties Inflation Adjustment of 2015

AGENCY: Federal Motor Carrier Safety Administration (FMCSA), DOT.

ACTION: Final rule.

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SUMMARY: FMCSA amends the civil penalties listed in its regulations to
ensure that the civil penalties assessed or enforced by the Agency
reflect the statutorily mandated ranges as adjusted for inflation.
Pursuant to the Federal Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (2015 Act), FMCSA is required to promulgate
annual adjustments each year by January 15th. Pursuant to the
Administrative Procedure Act, FMCSA finds that good cause exists for
immediate implementation of this final rule because prior notice and
comment are unnecessary, per the specific provisions of the 2015 Act.

DATES: This rule is effective April 24, 2017.

FOR FURTHER INFORMATION CONTACT: Ms. LaTonya Mimms, Enforcement
Division, by email at<EMAIL_ADDRESS>or phone at<PHONE_NUMBER>.
Office hours are from 8:00 a.m. to 4:30 p.m. Monday through Friday,
except Federal holidays. If you have questions on viewing or submitting
material to the docket, contact Docket Services, telephone (202) 366-
9826.

SUPPLEMENTARY INFORMATION:

I. Executive Summary

A. Purpose and Summary of the Major Provisions

    This final rule adjusts the amount of FMCSA's civil penalties to
account for inflation as directed by the 2015 Act. The final rule
implements the 2017 annual adjustments, which will update the
adjustments made by interim final rule on June 27, 2016 (81 FR 41453).
The specific inflation adjustment methodology is described later in
this document.

B. Benefits and Costs

    The changes imposed by this final rule affect civil penalty
amounts, which are considered by the Office of Management and Budget
(OMB) Circular A-4, Regulatory Analysis,\1\ as transfer payments, not
costs. Transfer payments are payments from one group to another that do
not affect total resources available to society. By definition they are
not considered in the monetization of societal costs and benefits of
rulemakings.
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    \1\ Office of Management and Budget (OMB). Circular A-4.
Regulatory Analysis. September 17, 2003. Available at: https://www.whitehouse.gov/sites/default/files/omb/assets/omb/circulars/a004/a-4.pdf (accessed January 5, 2017).
---------------------------------------------------------------------------

    Congress stated in the Federal Civil Penalties Inflation Adjustment
Act of 1990 (1990 Act) that increasing penalties over time will
``maintain the deterrent effect of civil monetary penalties and promote
compliance with the law.'' \2\ Therefore, with this continued
deterrence, FMCSA infers that there may be some safety benefits that
occur due to this final rule. The deterrence effect of increasing
penalties, which Congress has recognized, cannot be reliably quantified
into safety benefits.
---------------------------------------------------------------------------

    \2\ 28 U.S.C. 2461 note (Pub. L. 101-410, Oct. 5, 1990, 104
Stat. 890.).
---------------------------------------------------------------------------

II. Legal Basis for the Rulemaking

A. Federal Civil Penalties Inflation Adjustment Act Improvements Act of
2015

    This rulemaking is based primarily on the 2015 Act, Public Law 114-
74, title VII, sec. 701, 129 Stat. 599, 28 U.S.C. 2461 note (Nov. 2,
2015). The 2015 Act amended the Federal Civil Penalties Inflation
Adjustment Act of 1990 (1990 Act) (28 U.S.C. 2461 note). The basic
findings and purpose of the amended 1990 Act remain unchanged and
include supporting the role civil penalties play in Federal law and
regulations in deterring violations by allowing for regulatory
adjustments to account for inflation.
    OMB must provide annual guidance by December of each year on
implementing the 2015 Act. In response to this provision, OMB has
provided guidance to agencies regarding the methodology to implement
the 2017 annual adjustment required under the 2015 Act,\3\ as further
discussed in the Background section, below.
---------------------------------------------------------------------------

    \3\ OMB Memorandum for the Heads of Executive Departments and
Agencies; Implementation of the 2017 annual adjustment pursuant to
the Federal Civil Penalties Inflation Adjustment Act Improvements
Act of 2015: https://www.whitehouse.gov/sites/default/files/omb/memoranda/2017/m-17-11_0.pdf.
---------------------------------------------------------------------------

B. Administrative Procedure Act (APA)

    Generally, agencies may promulgate final rules only after issuing a
notice of proposed rulemaking and providing an opportunity for public
comment under

procedures required by the APA, as provided in 5 U.S.C. 553(b) and (c).
The APA, in 5 U.S.C. 553(b)(3)(B), provides an exception from these
requirements when notice and public comment procedures are
``impracticable, unnecessary, or contrary to the public interest.''
FMCSA finds that prior notice and comment is unnecessary because
section 4 of the 2015 Act specifically requires the annual adjustments
to be accomplished through final rule without notice and comment.
    Also pursuant to the APA (5 U.S.C. 553 (d)(3)), the rule will be
effective April 24, 2017. Delaying the effective date for 30 days after
publication would be contrary to the direction provided in the 2015
Act, which states that annual adjustments be made by January 15th of
each year. As this final rule is already past that deadline, further
delay would be contrary to the public interest.

III. Background

A. Regulatory History

    On June 27, 2016, FMCSA published an interim final rule using an
initial ``catch up'' adjustment, as required by section 4 of the 2015
Act (81 FR 41453). That interim final rule included an explanation of
how FMCSA would apply adjusted civil penalty amounts to ongoing
enforcement cases. As stated in that rule:

    FMCSA has concluded that, for those open enforcement matters in
which a penalty was proposed before the date of the ``catch-up''
adjustment or an annual adjustment but in which a Final Agency
Action has not been issued, recalculating the amount of the proposed
penalty would not induce further compliance, and would thus be
contrary to the goal of 49 U.S.C. 521(b)(2)(D). Moreover, the length
of time between the date that a person is notified of the amount of
the proposed penalty and the issuance of the Final Agency Action can
vary, but is sometimes several years, depending on litigation
schedules and other factors. Applying an inflation adjustment to
proposed penalties in cases long awaiting administrative review
could raise questions of equity. FMCSA therefore will not
retroactively adjust the proposed penalty amounts in notices of
claim issued prior to the effective date. Otherwise, the 2015 Act
applies prospectively, and does not retroactively change previously
assessed or enforced penalties an agency is actively collecting or
has collected.\4\
---------------------------------------------------------------------------

    \4\ 81 FR 41453, 41454, June 27, 2016.
---------------------------------------------------------------------------

B. Method of Calculation

    OMB published a memorandum on December 16, 2016 (see footnote 3),
providing guidance to the Agencies for implementation of the 2017
annual adjustment under the 2015 Act (OMB implementation guidance). The
OMB implementation guidance detailed a cost-of-living adjustment
multiplier of 1.01636 for 2017. This adjustment applies to all civil
monetary penalties covered by the Inflation Adjustment Act. OMB
guidance requires the multiplier to be applied to the most recent
penalty amount, i.e., the catch-up adjustment that the 2015 Act
required agencies to issue not later than July 1, 2016. FMCSA,
therefore, bases these adjustments on the changes contained in the
interim final rule published June 27, 2016 (81 FR 41453).

IV. Discussion of Comments and Responses

    On June 27, 2016, FMCSA published an interim final rule using an
initial ``catch up'' adjustment. While that interim final rule was
issued without notice and comment, FMCSA did request comments on any
errors or discrepancies that the public might find. No comments were
received on the interim final rule.

V. International Impacts

    The FMCSRs, and any exceptions to the FMCSRs, apply to foreign
entities operating within the United States (and, in some cases, United
States territories). Motor carriers and drivers are subject to the laws
and regulations of the countries in which they operate, unless an
international agreement states otherwise. Drivers and carriers should
be aware of the regulatory differences among nations.

VI. Section-by-Section Analysis

    Today's amendments to part 386 finalize the changes made to the
introductory text of the Appendices A and B to Part 386 in the interim
final rule published on June 27, 2016 (81 FR 41453). The amendments
also revise the penalty amounts found within Appendices A and B. Below
are two tables describing the changes to the civil penalty amounts in
Appendices A and B. The first and second columns show the location of
the change in the appendices and the legal authority. Column three
shows the current penalty as adjusted by the interim final rule. The
fourth column presents the ``Annually Adjusted Penalty,'' which is the
current penalty adjusted using the OMB-prescribed multiplier of
1.01636. As noted in the regulatory text (Part 386, Appendices A and B)
in today's rule, the adjusted civil penalties identified in the
appendices supersede, where a discrepancy exists, the corresponding
civil penalty amounts identified in title 49, United States Code.

A. Appendix A to Part 386--Penalty Schedule: Violations of Notices and
Orders

    The introduction to Appendix A is republished, but is unchanged
from the interim final rule. Table 1, below, describes the changes in
the penalties in Appendix A made by today's final rule.

                            Table 1--Inflation Adjustments for Appendix A to Part 386
----------------------------------------------------------------------------------------------------------------
                                                                                Annually
                                                                                adjusted
                                                                                Current         penalty
            Civil penalty location                       Legal authority              penalty        (current
                                                                                penalty x
                                                                                1.01636)
(1)                                             (2).............................             (3)             (4)
----------------------------------------------------------------------------------------------------------------
Appendix A II Subpoena........................  MAP-21 Public Law 112-141, 32110          $1,028          $1,045
                                                 126 Stat. 405, 782, (2012) (49
                                                 U.S.C. 525).
Appendix A II Subpoena........................  MAP-21 Public Law 112-141,                10,282          10,450
                                                 32110, 126 Stat. 405, 782
                                                 (2012) (49 U.S.C. 525).
Appendix A IV (a) Out-of-service order          Public Law 98-554, 213(b), 98              1,782           1,811
 (operation of CMV by driver).                   Stat. 2829, 2841-2843 (1984)
                                                 (49 U.S.C. 521(b)(7)), 55 FR
                                                 11224 (March 27, 1990).
Appendix A IV (b) Out-of-service order          Public Law 98-554, 213(a), 98             17,816          18,107
 (requiring or permitting operation of CMV by    Stat. 2829 (1984) (49 U.S.C.
 driver).                                        521(b)(7)), 55 FR 11224 (March
                                                 27, 1990).

Appendix A IV (c) Out-of-service order          Public Law 98-554, 213(a), 98              1,782           1,811
 (operation by driver of CMV or intermodal       Stat 2829 (1984) (49 U.S.C.
 equipment that was placed out of service).      521(b)(7)), FR 11224 (March 27,
                                                 1990).
Appendix A IV (d) Out-of-service order          Public Law 98-554, 213(a), 98             17,816          18,107
 (requiring or permitting operation of CMV or    Stat 2829 (1984) (49 U.S.C.
 intermodal equipment that was placed out of     521(b)(7)); 55 FR 11224 (March
 service).                                       27, 1990).
Appendix A IV (e) Out-of-service order          49 U.S.C. 521(b)(2)(B), 49 CFR               891             906
 (failure to return written certification of     396.9(d)(3).
 correction).
Appendix A IV (g) Out-of-service order          MAP-21, Public Law 112-141,               25,705          26,126
 (failure to cease operations as ordered).       32503, 126 Stat. 405, 803
                                                 (2012) (49 U.S.C. 521(b)(2)(F)).
Appendix A IV (h) Out-of-service order          Public Law 98-554, 213(a), 98             22,587          22,957
 (operating in violation of order).              Stat, 2829, 2841-2843 (1984)
                                                 (49 U.S.C. 521(b)(7)).
Appendix A IV (i) Out-of-service order          TEA-21, Public Law 105-178,               14,502          14,739
 (conducting operations during suspension or     4015(b), 112 Stat. 411-12
 revocation for failure to pay penalties).       (1998) (49 U.S.C. Sec.
                                                 521(b)(2)(A)), 521(b)(7)); 65
                                                 FR 56521, 56530 (September 19,
                                                 2000).
Appendix A IV (j) (conducting operations        Public Law 98-554, 213(a), 98             22,587          22,957
 during suspension or revocation).               Stat, 2829, 2841-2843 (1984)
                                                 (49 U.S.C. 521(b)(7)).
----------------------------------------------------------------------------------------------------------------

B. Appendix B to Part 386--Penalty Schedule: Violations and Monetary
Penalties

    The introduction to Appendix B is republished, but is unchanged
from the interim final rule. Table 2, below, describes the changes in
the penalties in Appendix B made by today's final rule.

                            Table 2--Inflation Adjustments for Appendix B to Part 386
----------------------------------------------------------------------------------------------------------------
                                                                                Annually
                                                                                adjusted
                                                                                Current         penalty
            Civil penalty location                       Legal authority              penalty        (current
                                                                                penalty x
                                                                                1.01636)
(1)                                             (2).............................             (3)             (4)
----------------------------------------------------------------------------------------------------------------
Appendix B (a)(1) Recordkeeping--maximum        SAFETEA-LU, Public Law 109-59,            $1,194          $1,214
 penalty per day.                                4102(a), 119 Stat. 1144, 1715
                                                 (2005) (49 U.S.C.
                                                 521(b)(2)(B)(i)).
Appendix B (a)(1) Recordkeeping--maximum total  SAFETEA-LU, Public Law 109-59,            11,940          12,135
 penalty.                                        4102(a), 119 Stat. 1144, 1715
                                                 (2005) (49 U.S.C.
                                                 521(b)(2)(B)(i)).
Appendix B (a)(2) Knowing falsification of      SAFETEA-LU, Public Law 109-59,            11,940          12,135
 records.                                        4102(a), 119 Stat. 1144, 1715
                                                 (2005) (49 U.S.C.
                                                 521(b)(2)(B)(ii)).
Appendix B (a)(3) Non-recordkeeping violations  TEA-21, Public Law 105-178,               14,502          14,739
                                                 4015(b), 112 Stat. 107, 411-12
                                                 (1998) (49 U.S.C. 521(b)(2)(A)).
Appendix B (a)(4) Non-recordkeeping violations  TEA-21, Public Law 105-178,                3,626           3,685
 by drivers.                                     4015(b), 112 Stat. 107, 411-12
                                                 (1998) (49 U.S.C. 521(b)(2)(A)).
Appendix B (a)(5) Violation of 49 CFR 392.5     SAFETEA-LU, Public Law 109-59,             2,985           3,034
 (first offense).                                119 Stat. 1144, 1715; 4102(b),
                                                 119 Stat. 1715-16 (2005) (49
                                                 U.S.C. 31310(i)(2)(A)).
Appendix B (a)(5) Violation of 49 CFR 392.5     SAFETEA-LU, Public Law 109-59,             5,970           6,068
 (second or subsequent conviction).              119 Stat. 1144, 1715; 4102(b),
                                                 119 Stat. 1715-16 (2005) (49
                                                 U.S.C. 31310(i)(2)(A)).
Appendix B (b) Commercial driver's license      Public Law 99-570, 12012(b), 100           5,391           5,479
 (CDL) violations.                               Stat. 3207-184-85 (1986) (49
                                                 U.S.C. 521(b)(2)(C)).
Appendix B (b)(1): Special penalties            SAFETEA-LU, Public Law 109-59,             2,985           3,034
 pertaining to violation of out-of-service       4102(b), 119 Stat. 1144, 1715
 orders (first conviction).                      (2005) (49 U.S.C.
                                                 31310(i)(2)(A)).
Appendix B (b)(1) Special penalties pertaining  SAFETEA-LU, Public Law 109-59,             5,970           6,068
 to violation of out-of-service orders (second   119, 4102(b), Stat. 1144, 1715
 or subsequent conviction).                      (2005) (49 U.S.C.
                                                 31310(i)(2)(A)).
Appendix B (b)(2) Employer violations           Public Law 99-570, 12012(b), 100           5,391           5,479
 pertaining to knowingly allowing, authorizing   Stat. 3207-184-85 (1986) (49
 employee violations of out-of-service order     U.S.C. 521(b)(2)(C)).
 (minimum penalty).

Appendix B (b)(2) Employer violations           SAFETEA-LU, Public Law 109-59,            29,849          30,337
 pertaining to knowingly allowing, authorizing   4102(b), 119 Stat. 1144, 1715
 employee violations of out-of-service order     (2005) (49 U.S.C. 31310
 (maximum penalty).                              (i)(2)(C)).
Appendix B (b)(3) Special penalties pertaining  ICC Termination Act of 1995,              15,474          15,727
 to railroad-highway grade crossing violations.  Public Law 104-88, 403(a), 109
                                                 Stat. 956 (1995) (49 U.S.C.
                                                 31310(j)(2)(B)).
Appendix B (d) Financial responsibility         Public Law 103-272, 31139(f),             15,909          16,169
 violations.                                     108 Stat. 745, 1006-1008 (1994)
                                                 (49 U.S.C. 31139(g)(1)).
Appendix B (e)(1) Violations of Hazardous       MAP-21 Public Law 112-141,                77,114          78,376
 Materials Regulations (HMRs) and Safety         33010, 126 Stat. 405, 837-838
 Permitting Regulations (transportation or       (2012) (49 U.S.C. 5123(a)(1)).
 shipment of hazardous materials).
Appendix B (e)(2) Violations of Hazardous       MAP-21 Public Law 112-141,                   463             471
 Materials Regulations (HMRs) and Safety         33010, 126 Stat. 405, 837
 Permitting Regulations (training)--minimum      (2012) (49 U.S.C. 5123(a)(3)).
 penalty.
Appendix B (e)(2): Violations of Hazardous      MAP-21 Public Law 112-141, 33010          77,114          78,376
 Materials Regulations (HMRs) and Safety         126 Stat. 405, 837 (2012) (49
 Permitting Regulations (training)--maximum      U.S.C. 5123(a)(1)).
 penalty.
Appendix B (e)(3) Violations of Hazardous       MAP-21 Public Law 112-141,                77,114          78,376
 Materials Regulations (HMRs) and Safety         33010, 126 Stat. 405, 837,
 Permitting Regulations (packaging or            (2012) 49 U.S.C. 5123(a)(1)).
 container).
Appendix B (e)(4): Violations of Hazardous      MAP-21 Public Law 112-141,                77,114          78,376
 Materials Regulations (HMRs) and Safety         33010, 126 Stat. 405, 837
 Permitting Regulations (compliance with         (2012) (49 U.S.C. 5123(a)(1)).
 FMCSRs).
Appendix B (e)(5) Violations of Hazardous       MAP-21 Public Law 112-141,               179,933         182,877
 Materials Regulations (HMRs) and Safety         33010, 126 Stat. 405, 837
 Permitting Regulations (death, serious          (2012) (49 U.S.C. 5123(a)(2)).
 illness, severe injury to persons;
 destruction of property).
Appendix B (f)(1) Operating after being         MAP-21, Public Law 112-141,               25,705          26,126
 declared unfit by assignment of a final         32503, 126 Stat. 405, 803
 ``unsatisfactory'' safety rating (generally).   (2012) (49 U.S.C. 521(b)(2)(F)).
Appendix B (f)(2) Operating after being         MAP-21, Public Law 112-141,               77,114          78,376
 declared unfit by assignment of a final         33010, 126 Stat. 405, 837 (49
 ``unsatisfactory'' safety rating (hazardous     U.S.C. 5123(a)(1)).
 materials)--maximum penalty.
Appendix B (f)(2): Operating after being        MAP-21, Public Law 112-141,              179,933         182,877
 declared unfit by assignment of a final         33010, 126 Stat. 405, 837
 ``unsatisfactory'' safety rating (hazardous     (2012) (49 U.S.C. 5123(a)(2)).
 materials)--maximum penalty if death, serious
 illness, severe injury to persons;
 destruction of property.
Appendix B (g)(1) New Appendix B (g)(1):        MAP-21, Public Law 112-141,               10,282          10,450
 Violations of the commercial regulations (CR)   32108(a), 126 Stat. 405, 782
 (property carriers).                            (2012) (49 U.S.C. 14901(a)).
Appendix B (g)(2) Violations of the CRs         MAP-21 Public Law 112-141,                10,282          10,450
 (brokers).                                      32919(a), 126 Stat. 405, 827
                                                 (2012) (49 U.S.C. 14916(c)).
Appendix B (g)(3) Violations of the CRs         MAP-21, Public Law 112-141,               25,705          26,126
 (passenger carriers).                           32108(a), 126 Stat. 405, 782
                                                 (2012) (49 U.S.C. 14901(a)).
Appendix B (g)(4) Violations of the CRs         MAP-21, Public Law 112-141,               10,282          10,450
 (foreign motor carriers, foreign motor          32108(a), 126 Stat. 405, 782
 private carriers).                              (2012) (49 U.S.C. 14901(a)).
Appendix B (g)(5) Violations of the CRs         MCSIA of 1999, Public Law 106-            14,140          14,371
 (foreign motor carriers, foreign motor          59, 219(b), 113 Stat. 1748,
 private carriers before implementation of       1768 (1999) (49 U.S.C. 14901
 North American Free Trade Agreement land        note).
 transportation provisions)--maximum penalty
 for intentional violation.
Appendix B (g)(5) Violations of the CRs         MCSIA of 1999, Public Law 106-            35,351          35,929
 (foreign motor carriers, foreign motor          59, 219(c), 113 Stat. 1748,
 private carriers before implementation of       1768 (1999) (49 U.S.C. 14901
 North American Free Trade Agreement land        note).
 transportation provisions)--maximum penalty
 for a pattern of intentional violations.
Appendix B (g)(6) Violations of the CRs (motor  MAP-21, Public Law 112-141,               20,564          20,900
 carrier or broker for transportation of         32108, 126 Stat. 405, 782
 hazardous wastes)--minimum penalty.             (2012) (49 U.S.C. 14901(b)).
Appendix B (g)(6) Violations of the CRs (motor  MAP-21 Public Law 112-141,                41,128          41,801
 carrier or broker for transportation of         32108, 126 Stat. 405,782 (2012)
 hazardous wastes)--maximum penalty.             (49 U.S.C. 14901(b)).

Appendix B (g)(7): Violations of the CRs (HHG   ICC Termination Act of 1995,               1,547           1,572
 carrier or freight forwarder, or their          Public Law 104-88, 103, 100
 receiver or trustee).                           Stat. 803, 914 (1995) (49
                                                 U.S.C. 14901(d)(1)).
Appendix B (g)(8) Violation of the CRs (weight  ICC Termination Act of 1995,               3,095           3,146
 of HHG shipment, charging for services)--       Public Law 104-88, 103, 100
 minimum penalty for first violation.            Stat. 803, 914 (1995) (49
                                                 U.S.C. 14901(e)).
Appendix B (g)(8) Violation of the CRs (weight  ICC Termination Act of 1995,               7,737           7,864
 of HHG shipment, charging for services)         Public Law 104-88, 103, 100
 subsequent violation.                           Stat. 803, 914 (1995) (49
                                                 U.S.C. 14901(e)).
Appendix B (g)(10) Tariff violations..........  ICC Termination Act of 1995,             154,742         157,274
                                                 Public Law 104-88, 103, 100
                                                 Stat. 803, 868-869, 915 (1995)
                                                 (49 U.S.C. Sec.  13702, 14903).
Appendix B (g)(11) Additional tariff            ICC Termination Act of 1995,                 309             314
 violations (rebates or concessions)--first      Public Law 104-88, 103, 100
 violation.                                      Stat. 803, 915-916 (1995) (49
                                                 U.S.C. 14904(a)).
Appendix B (g)(11) Additional tariff            ICC Termination Act of 1995,                 387             393
 violations (rebates or concessions)--           Public Law 104-88, 103, 100
 subsequent violations.                          Stat. 803, 915-916 (1995) (49
                                                 U.S.C. 14904(a)).
Appendix B (g)(12): Tariff violations (freight  ICC Termination Act of 1995,                 774             787
 forwarders)--maximum penalty for first          Public Law 104-88, 103, 100
 violation.                                      Stat. 803, 916 (49 U.S.C.
                                                 14904(b)(1)).
Appendix B (g)(12): Tariff violations (freight  ICC Termination Act of 1995,               3,095           3,146
 forwarders)--maximum penalty for subsequent     Public Law 104-88, 103, 100
 violations.                                     Stat. 803, 916 (1995) (49
                                                 U.S.C. 14904(b)(1)).
Appendix B (g)(13): Service from freight        ICC Termination Act of 1995,                 774             787
 forwarder at less than rate in effect--         Public Law 104-88, 103, 100
 maximum penalty for first violation.            Stat. 803, 916 (1995) (49
                                                 U.S.C. 14904(b)(2)).
Appendix B (g)(13): Service from freight        ICC Termination Act of 1995,               3,095           3,146
 forwarder at less than rate in effect--         Public Law 104-88, 103, 100
 maximum penalty for subsequent violation(s).    Stat. 803, 916 (1995) (49
                                                 U.S.C. 14904(b)(2)).
Appendix B (g)(14): Violations related to       ICC Termination Act of 1995,              15,474          15,727
 loading and unloading motor vehicles.           Public Law 104-88, 103, 100
                                                 Stat. 803, 916 (1995) (49
                                                 U.S.C. 14905).
Appendix B (g)(16): Reporting and               MAP-21, Public Law 112-141,                1,028           1,045
 recordkeeping under 49 U.S.C. subtitle IV,      32108, 126 Stat. 405, 782
 part B (except 13901 and 13902(c)--minimum      (2012) (49 U.S.C. 14901).
 penalty.
Appendix B (g)(16): Reporting and               ICC Termination Act of 1995,               7,737           7,864
 recordkeeping under 49 U.S.C. subtitle IV,      Public Law 104-88, 103, 100
 part B--maximum penalty.                        Stat. 803, 916-917 (1995) (49
                                                 U.S.C. 14907).
Appendix B (g)(17): Unauthorized disclosure of  ICC Termination Act of 1995,               3,095           3,146
 information.                                    Public Law 104-88, 103, 100
                                                 Stat. 803, 917 (1995) (49
                                                 U.S.C. 14908).
Appendix B (g)(18): Violation of 49 U.S.C.      ICC Termination Act of 1995,                 774             787
 subtitle IV, part B, or condition of            Public Law 104-88, 103, 100
 registration.                                   Stat. 803, 917 (1995) (49
                                                 U.S.C. 14910).
Appendix B (g)(21)(i): Knowingly and willfully  ICC Termination Act of 1995,              15,474          15,727
 fails to deliver or unload HHG at destination.  Public Law 104-88, 103, 100
                                                 Stat. 803, 916 (1995) (49
                                                 U.S.C. 14905).
Appendix B (g)(22): HHG broker estimate before  SAFETEA-LU, Public Law 109-59,            11,940          12,135
 entering into an agreement with a motor         4209(2), 119 Stat. 1144, 1758,
 carrier.                                        (2005) (49 U.S.C. 14901(d)(2)).
Appendix B (g)(23): HHG transportation or       SAFETEA-LU, Public Law 109-59,            29,849          30,337
 broker services--registration requirement.      4209(d)(3), 119 Stat. 1144,
                                                 1758 (2005) (49 U.S.C. 14901
                                                 (d)(3)).
Appendix B (h): Copying of records and access   SAFETEA-LU, Public Law 109-59,             1,194           1,214
 to equipment, lands, and buildings--maximum     4103(2), 119 Stat. 1144, 1716
 penalty per day.                                (2005) (49 U.S.C. 521(b)(2)(E)).
Appendix B (h): Copying of records and access   SAFETEA-LU, Public Law 109-59,            11,940          12,135
 to equipment, lands, and buildings--maximum     4103(2), 119 Stat. 1716 (2005)
 total penalty.                                  (49 U.S.C. 521(b)(2)(E)).
Appendix B (i)(1): Evasion of regulations       MAP-21 Public Law 112-141,                 2,056           2,090
 under 49 U.S.C. ch. 5, 51, subchapter III of    32505, 126 Stat. 405, 804
 311 (except 31138 and 31139), 31302-31304,      (2012) (49 U.S.C. 524).
 31305(b), 31310(g)(1)(A), 31502--minimum
 penalty for first violation.
Appendix B (i)(1): Evasion of regulations       MAP-21 Public Law 112-141,                 5,141           5,225
 under 49 U.S.C. ch. 5, 51, subchapter III of    32505, 126 Stat. 405, 804
 311 (except 31138 and 31139), 31302-31304,      (2012) (49 U.S.C. 524).
 31305(b), 31310(g)(1)(A), 31502--maximum
 penalty for first violation.

Appendix B (i)(1): Evasion of regulations       MAP-21 Public Law 112-141,                 2,570           2,612
 under 49 U.S.C. ch. 5, 51, subchapter III of    32505, 126 Stat. 405, 804
 311 (except 31138 and 31139), 31302-31304,      (2012) (49 U.S.C. 524). MAP-21
 31305(b), 31310(g)(1)(A), 31502--minimum        Public Law 112-141, 32505, 126
 penalty for subsequent violation(s).            Stat. 405, 804 (2012) (49
                                                 U.S.C. 524).
Appendix B (i)(1): Evasion of regulations       MAP-21 Public Law 112-141,                 7,711           7,837
 under 49 U.S.C. ch. 5, 51, subchapter III of    32505, 126 Stat. 405, 804
 311 (except 31138 and 31139), 31302-31304,      (2012) (49 U.S.C. 524).
 31305(b), 31310(g)(1)(A), 31502--maximum
 penalty for subsequent violation(s).
Appendix B (i)(2): Evasion of regulations       MAP-21 Public Law 112-141,                 2,056           2,090
 under 49 U.S.C. subtitle IV, part B--minimum    32505, 126 Stat. 405, 804
 penalty for first violation.                    (2012) (49 U.S.C. 14906).
Appendix B (i)(2): Evasion of regulations       MAP-21 Public Law 112-141,                 5,141           5,225
 under 49 U.S.C. subtitle IV, part B--minimum    32505, 126 Stat. 405, 804
 penalty for subsequent violation(s).            (2012) (49 U.S.C. 14906).
----------------------------------------------------------------------------------------------------------------

VII. Regulatory Analyses

A. Executive Order (E.O.) 12866 (Regulatory Planning and Review and DOT
Regulatory Policies and Procedures as Supplemented by E.O. 13563)

    This final rule is not a significant regulatory action under
section 3(f) of Executive Order (E.O.) 12866, Regulatory Planning and
Review, as supplemented by E.O. 13563 (76 FR 3821, January 21, 2011),
and is also not significant within the meaning of DOT regulatory
policies and procedures (DOT Order 2100.5 dated May 22, 1980; 44 FR
11034, February 26, 1979) and does not require an assessment of
potential costs and benefits under section 6(a)(3) of that Order. The
Office of Management and Budget has not reviewed it under that Order.
This final rule would not have an annual effect on the economy of $100
million or more because transfer payments, by definition, do not affect
total resources available to society. Historically, the Agency has
never assessed civil penalties that approach $100 million in any given
year.

B. Regulatory Flexibility Act

    Under the Regulatory Flexibility Act of 1980 (5 U.S.C. 601-612),
FMCSA is not required to complete a regulatory flexibility analysis,
because, as discussed earlier in the legal basis section, this action
is not subject to prior notice and comment under section 553(b) of the
Administrative Procedure Act.

C. Assistance for Small Entities

    In accordance with section 213(a) of the Small Business Regulatory
Enforcement Fairness Act of 1996, FMCSA wants to assist small entities
in understanding this final rule so that they can better evaluate its
effects on themselves and participate in the rulemaking initiative. If
the final rule would affect your small business, organization, or
governmental jurisdiction and you have questions concerning its
provisions or options for compliance, please consult the FMCSA point of
contact, Ms. LaTonya Mimms, listed in the FOR FURTHER INFORMATION
CONTACT section of this final rule.
    Small businesses may send comments on the actions of Federal
employees who enforce or otherwise determine compliance with Federal
regulations to the Small Business Administration's Small Business and
Agriculture Regulatory Enforcement Ombudsman and the Regional Small
Business Regulatory Fairness Boards. The Ombudsman evaluates these
actions annually and rates each agency's responsiveness to small
business. If you wish to comment on actions by employees of FMCSA, call
1-888-REG-FAIR (1-888-734-3247). DOT has a policy regarding the rights
of small entities to regulatory enforcement fairness and an explicit
policy against retaliation for exercising these rights.

D. Unfunded Mandates Reform Act of 1995

    The Unfunded Mandates Reform Act of 1995 (2 U.S.C. 1531-1538)
requires Federal agencies to assess the effects of their discretionary
regulatory actions. In particular, the Act addresses actions that may
result in the expenditure by a State, local, or tribal government, in
the aggregate, or by the private sector of $156 million (which is the
value equivalent of $100,000,000 in 1995, adjusted for inflation to
2015 levels) or more in any 1 year. This final rule will not result in
such an expenditure.

E. Paperwork Reduction Act

    This final rule calls for no new collection of information under
the Paperwork Reduction Act of 1995 (44 U.S.C. 3501-3520).

F. Federalism (E.O. 13132)

    A rule has implications for Federalism under Section 1(a) of
Executive Order 13132 if it has ``substantial direct effects on the
States, on the relationship between the national government and the
States, or on the distribution of power and responsibilities among the
various levels of government.'' FMCSA has determined that this rule
would not have substantial direct costs on or for States, nor would it
limit the policymaking discretion of States. Nothing in this rule
preempts any State law or regulation. Therefore, this rule does not
have sufficient Federalism implications to warrant the preparation of a
Federalism Impact Statement.

G. Civil Justice Reform (E.O. 12988)

    This final rule meets applicable standards in sections 3(a) and
3(b)(2) of E.O. 12988, Civil Justice Reform, to

minimize litigation, eliminate ambiguity, and reduce burden.

H. Protection of Children (E.O. 13045)

    E.O. 13045, Protection of Children from Environmental Health Risks
and Safety Risks (62 FR 19885, Apr. 23, 1997), requires agencies
issuing ``economically significant'' rules to include an evaluation of
the regulation's environmental health and safety effects on children if
an agency has reason to believe the rule may disproportionately affect
children. The Agency determined that this final rule is not
economically significant. Therefore, no analysis of the impacts on
children is required. In any event, the Agency does not anticipate that
this regulatory action could in any respect present an environmental or
safety risk that could disproportionately affect children.

I. Taking of Private Property (E.O. 12630)

    FMCSA reviewed this final rule in accordance with E.O. 12630,
Governmental Actions and Interference with Constitutionally Protected
Property Rights, and has determined it will not effect a taking of
private property or otherwise have taking implications.

J. Privacy Impact Assessment

    Section 522 of title I of division H of the Consolidated
Appropriations Act, 2005, enacted December 8, 2004 (Pub. L. 108-447,
118 Stat. 2809, 3268, 5 U.S.C. 552a note), requires the Agency to
conduct a privacy impact assessment (PIA) of a regulation that will
affect the privacy of individuals. This rule does not require the
collection of personally identifiable information (PII).
    The E-Government Act of 2002, Public Law 107-347, 208, 116 Stat.
2899, 2921 (Dec. 17, 2002), requires Federal agencies to conduct a
privacy impact assessment for new or substantially changed technology
that collects, maintains, or disseminates information in an
identifiable form. No new or substantially changed technology would
collect, maintain, or disseminate information as a result of this rule.
Accordingly, FMCSA has not conducted a privacy impact assessment.

K. Intergovernmental Review (E.O. 12372)

    The regulations implementing E.O. 12372 regarding intergovernmental
consultation on Federal programs and activities do not apply to this
program.

L. Energy Supply, Distribution, or Use (E.O. 13211)

    FMCSA has analyzed this rule under E.O. 13211, Actions Concerning
Regulations That Significantly Affect Energy Supply, Distribution, or
Use. The Agency has determined that it is not a ``significant energy
action'' under that order because it is not a ``significant regulatory
action'' likely to have a significant adverse effect on the supply,
distribution, or use of energy. Therefore, it does not require a
Statement of Energy Effects under E.O. 13211.

M. Indian Tribal Governments (E.O. 13175)

    This rule does not have tribal implications under E.O. 13175,
Consultation and Coordination with Indian Tribal Governments, because
it does not have a substantial direct effect on one or more Indian
tribes, on the relationship between the Federal Government and Indian
tribes, or on the distribution of power and responsibilities between
the Federal Government and Indian tribes.

N. National Technology Transfer and Advancement Act (Technical
Standards)

    The National Technology Transfer and Advancement Act (NTTAA) (15
U.S.C. 272 note) directs agencies to use voluntary consensus standards
in their regulatory activities unless the agency provides Congress,
through OMB, with an explanation of why using these standards would be
inconsistent with applicable law or otherwise impractical. Voluntary
consensus standards (e.g., specifications of materials, performance,
design, or operation; test methods; sampling procedures; and related
management systems practices) are standards that are developed or
adopted by voluntary consensus standards bodies. This rule does not use
technical standards. Therefore, we did not consider the use of
voluntary consensus standards.

O. Environmental Review (National Environmental Policy Act, Clean Air
Act, Environmental Justice)

    FMCSA analyzed this rule in accordance with the National
Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) and
FMCSA's NEPA Implementing Procedures and Policy for Considering
Environmental Impacts, Order 5610.1 (FMCSA Order), March 1, 2004 (69 FR
9680). FMCSA's Order states that ``[w]here FMCSA has no discretion to
withhold or condition an action if the action is taken in accordance
with specific statutory criteria and FMCSA lacks control and
responsibility over the effects of an action, that action is not
subject to this Order.'' Id. at chapter 1.D. Because Congress specifies
the Agency's precise action here, thus leaving the Agency no discretion
over such action, and since the Agency lacks control and responsibility
over the effects of this action, this rulemaking falls under chapter
1.D. Therefore, no further analysis is considered.
    FMCSA also analyzed this rule under the Clean Air Act, as amended
(CAA), section 176(c) (42 U.S.C. 7401 et seq.), and implementing
regulations promulgated by the Environmental Protection Agency.
Approval of this action is exempt from the CAA's general conformity
requirement since it does not affect direct or indirect emissions of
criteria pollutants.
    Under E.O. 12898 (Actions to Address Environmental Justice in
Minority Populations and Low-Income Populations), each Federal agency
must identify and address, as appropriate, ``disproportionately high
and adverse human health or environmental effects of its programs,
policies, and activities on minority populations and low-income
populations'' in the United States, its possessions, and territories.
FMCSA has determined that this final rule would have no environmental
justice effects, nor would its promulgation have any collective
environmental impact.

List of Subjects in 49 CFR Part 386

    Administrative procedures, Commercial motor vehicle safety,
Highways and roads, Motor carriers, Penalties.

    For the reasons stated in the preamble, FMCSA is amending title 49
CFR part 386 to read as follows:

PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS

0
1. The authority citation for part 386 continues to read as follows:

    Authority:  49 U.S.C. 113, chapters 5, 51, 59, 131-141, 145-149,
311, 313, and 315; 49 U.S.C. 5123; Sec. 204, Pub. L. 104-88, 109
Stat. 803, 941 (49 U.S.C. 701 note); Sec. 217, Pub. L. 105-159, 113
Stat. 1748, 1767; Sec. 206, Pub. L. 106-159, 113 Stat. 1763;
subtitle B, title IV of Pub. L. 109-59; Sec. 701 of Pub. L. 114-74,
129 Stat. 584, 599; and 49 CFR 1.81 and 1.87.

0
2. Amend Appendix A to part 386 by revising the introductory text and
sections II, IV. a. through e., and IV. g. through j. to read as
follows:

Appendix A to Part 386--Penalty Schedule: Violations of Notices and
Orders

    The Civil Penalties Inflation Adjustment Act Improvements Act of
2015 [Pub. L. 114-74, sec. 701, 129 Stat. 584, 599] amended the
Federal Civil Penalties Inflation Adjustment

Act of 1990 to require agencies to adjust civil penalties for
inflation. Pursuant to that authority, the inflation adjusted civil
penalties identified in this appendix supersede the corresponding
civil penalty amounts identified in title 49, United States Code.
* * * * *

II. Subpoena

    Violation--Failure to respond to Agency subpoena to appear and
testify or produce records.
    Penalty--minimum of $1,045 but not more than $10,450 per
violation.
* * * * *

IV. Out-of-Service Order

    a. Violation--Operation of a commercial vehicle by a driver
during the period the driver was placed out of service.
    Penalty--Up to $1,811 per violation.
    (For purposes of this violation, the term ``driver'' means an
operator of a commercial motor vehicle, including an independent
contractor who, while in the course of operating a commercial motor
vehicle, is employed or used by another person.)
    b. Violation--Requiring or permitting a driver to operate a
commercial vehicle during the period the driver was placed out of
service.
    Penalty--Up to $18,107 per violation.
    (This violation applies to motor carriers including an
independent contractor who is not a ``driver,'' as defined under
paragraph IV(a) above.)
    c. Violation--Operation of a commercial motor vehicle or
intermodal equipment by a driver after the vehicle or intermodal
equipment was placed out-of-service and before the required repairs
are made.
    Penalty--$1,811 each time the vehicle or intermodal equipment is
so operated.
    (This violation applies to drivers as defined in IV(a) above.)
    d. Violation--Requiring or permitting the operation of a
commercial motor vehicle or intermodal equipment placed out-of-
service before the required repairs are made.
    Penalty--Up to $18,107 each time the vehicle or intermodal
equipment is so operated after notice of the defect is received.
    (This violation applies to intermodal equipment providers and
motor carriers, including an independent owner operator who is not a
``driver,'' as defined in IV(a) above.)
    e. Violation--Failure to return written certification of
correction as required by the out-of-service order.
    Penalty--Up to $906 per violation.
* * * * *
    g. Violation--Operating in violation of an order issued under
Sec.  386.72(b) to cease all or part of the employer's commercial
motor vehicle operations or to cease part of an intermodal equipment
provider's operations, i.e., failure to cease operations as ordered.
    Penalty--Up to $26,126 per day the operation continues after the
effective date and time of the order to cease.
    h. Violation--Operating in violation of an order issued under
Sec.  386.73.
    Penalty--Up to $22,957 per day the operation continues after the
effective date and time of the out-of-service order.
    i. Violation--Conducting operations during a period of
suspension under Sec.  386.83 or Sec.  386.84 for failure to pay
penalties.
    Penalty--Up to $14,739 for each day that operations are
conducted during the suspension or revocation period.
    j. Violation--Conducting operations during a period of
suspension or revocation under Sec. Sec.  385.911, 385.913, 385.1009
or 385.1011.
    Penalty--Up to $22,957 for each day that operations are
conducted during the suspension or revocation period.

0
3. Amend Appendix B to part 386 by revising the introductory text and
paragraphs (a)(1) through (5), (b), (c), (d), (e), (f), (g)
introductory text, (g)(1) through (8), (g)(10) through (18),
(g)(21)(i), (g)(22) and (23), (h), and (i) to read as follows:

Appendix B to Part 386--Penalty Schedule: Violations and Monetary
Penalties

    The Civil Penalties Inflation Adjustment Act Improvements Act of
2015 [Public Law 114-74, sec. 701, 129 Stat. 584, 599] amended the
Federal Civil Penalties Inflation Adjustment Act of 1990 to require
agencies to adjust civil penalties for inflation. Pursuant to that
authority, the inflation adjusted civil penalties identified in this
appendix supersede the corresponding civil penalty amounts
identified in title 49, United States Code.
    What are the types of violations and maximum monetary penalties?
    (a) Violations of the Federal Motor Carrier Safety Regulations
(FMCSRs):
    (1) Recordkeeping. A person or entity that fails to prepare or
maintain a record required by parts 40, 382, 385, and 390-99 of this
subchapter, or prepares or maintains a required record that is
incomplete, inaccurate, or false, is subject to a maximum civil
penalty of $1,214 for each day the violation continues, up to
$12,135.
    (2) Knowing falsification of records. A person or entity that
knowingly falsifies, destroys, mutilates, or changes a report or
record required by parts 382, 385, and 390-99 of this subchapter,
knowingly makes or causes to be made a false or incomplete record
about an operation or business fact or transaction, or knowingly
makes, prepares, or preserves a record in violation of a regulation
order of the Secretary is subject to a maximum civil penalty of
$12,135 if such action misrepresents a fact that constitutes a
violation other than a reporting or recordkeeping violation.
    (3) Non-recordkeeping violations. A person or entity that
violates parts 382, 385, or 390-99 of this subchapter, except a
recordkeeping requirement, is subject to a civil penalty not to
exceed $14,739 for each violation.
    (4) Non-recordkeeping violations by drivers. A driver who
violates parts 382, 385, and 390-99 of this subchapter, except a
recordkeeping violation, is subject to a civil penalty not to exceed
$3,685.
    (5) Violation of 49 CFR 392.5. A driver placed out of service
for 24 hours for violating the alcohol prohibitions of 49 CFR
392.5(a) or (b) who drives during that period is subject to a civil
penalty not to exceed $3,034 for a first conviction and not less
than $6,068 for a second or subsequent conviction.
* * * * *
    (b) Commercial driver's license (CDL) violations. Any person who
violates 49 CFR part 383, subparts B, C, E, F, G, or H, is subject
to a civil penalty not to exceed $5,479; except: (1) A CDL-holder
who is convicted of violating an out-of-service order shall be
subject to a civil penalty of not less than $3,034 for a first
conviction and not less than $6,068 for a second or subsequent
conviction;
    (2) An employer of a CDL-holder who knowingly allows, requires,
permits, or authorizes an employee to operate a CMV during any
period in which the CDL-holder is subject to an out-of-service
order, is subject to a civil penalty of not less than $5,479 or more
than $30,337; and
    (3) An employer of a CDL-holder who knowingly allows, requires,
permits, or authorizes that CDL-holder to operate a CMV in violation
of a Federal, State, or local law or regulation pertaining to
railroad-highway grade crossings is subject to a civil penalty of
not more than $15,727.
    (c) [Reserved].
    (d) Financial responsibility violations. A motor carrier that
fails to maintain the levels of financial responsibility prescribed
by Part 387 of this subchapter or any person (except an employee who
acts without knowledge) who knowingly violates the rules of Part 387
subparts A and B is subject to a maximum penalty of $16,169. Each
day of a continuing violation constitutes a separate offense.
    (e) Violations of the Hazardous Materials Regulations (HMRs) and
Safety Permitting Regulations found in Subpart E of Part 385. This
paragraph applies to violations by motor carriers, drivers, shippers
and other persons who transport hazardous materials on the highway
in commercial motor vehicles or cause hazardous materials to be so
transported.
    (1) All knowing violations of 49 U.S.C. chapter 51 or orders or
regulations issued under the authority of that chapter applicable to
the transportation or shipment of hazardous materials by commercial
motor vehicle on the highways are subject to a civil penalty of not
more than $78,376 for each violation. Each day of a continuing
violation constitutes a separate offense.
    (2) All knowing violations of 49 U.S.C. chapter 51 or orders or
regulations issued under the authority of that chapter applicable to
training related to the transportation or shipment of hazardous
materials by commercial motor vehicle on the highways are subject to
a civil penalty of not less than $471 and not more than $78,376 for
each violation.
    (3) All knowing violations of 49 U.S.C. chapter 51 or orders,
regulations or exemptions under the authority of that chapter
applicable to the manufacture, fabrication, marking, maintenance,
reconditioning, repair, or testing of a packaging or container that
is represented, marked, certified, or sold as being qualified for
use in the transportation or shipment of

hazardous materials by commercial motor vehicle on the highways are
subject to a civil penalty of not more than $78,376 for each
violation.
    (4) Whenever regulations issued under the authority of 49 U.S.C.
chapter 51 require compliance with the FMCSRs while transporting
hazardous materials, any violations of the FMCSRs will be considered
a violation of the HMRs and subject to a civil penalty of not more
than $78,376.
    (5) If any violation subject to the civil penalties set out in
paragraphs (e)(1) through (4) of this appendix results in death,
serious illness, or severe injury to any person or in substantial
destruction of property, the civil penalty may be increased to not
more than $182,877 for each offense.
    (f) Operating after being declared unfit by assignment of a
final ``unsatisfactory'' safety rating. (1) A motor carrier
operating a commercial motor vehicle in interstate commerce (except
owners or operators of commercial motor vehicles designed or used to
transport hazardous materials for which placarding of a motor
vehicle is required under regulations prescribed under 49 U.S.C.
chapter 51) is subject, after being placed out of service because of
receiving a final ``unsatisfactory'' safety rating, to a civil
penalty of not more than $26,126 (49 CFR 385.13). Each day the
transportation continues in violation of a final ``unsatisfactory''
safety rating constitutes a separate offense.
    (2) A motor carrier operating a commercial motor vehicle
designed or used to transport hazardous materials for which
placarding of a motor vehicle is required under regulations
prescribed under 49 U.S.C. chapter 51 is subject, after being placed
out of service because of receiving a final ``unsatisfactory''
safety rating, to a civil penalty of not more than $78,376 for each
offense. If the violation results in death, serious illness, or
severe injury to any person or in substantial destruction of
property, the civil penalty may be increased to not more than
$182,877 for each offense. Each day the transportation continues in
violation of a final ``unsatisfactory'' safety rating constitutes a
separate offense.
    (g) Violations of the commercial regulations (CRs). Penalties
for violations of the CRs are specified in 49 U.S.C. chapter 149.
These penalties relate to transportation subject to the Secretary's
jurisdiction under 49 U.S.C. chapter 135. Unless otherwise noted, a
separate violation occurs for each day the violation continues.
    (1) A person who operates as a motor carrier for the
transportation of property in violation of the registration
requirements of 49 U.S.C. 13901 is liable for a minimum penalty of
$10,450 per violation.
    (2) A person who knowingly operates as a broker in violation of
registration requirements of 49 U.S.C 13904 or financial security
requirements of 49 U.S.C 13906 is liable for a penalty not to exceed
$10,450 for each violation.
    (3) A person who operates as a motor carrier of passengers in
violation of the registration requirements of 49 U.S.C. 13901 is
liable for a minimum penalty of $26,126 per violation.
    (4) A person who operates as a foreign motor carrier or foreign
motor private carrier of property in violation of the provisions of
49 U.S.C. 13902(c) is liable for a minimum penalty of $10,450 per
violation.
    (5) A person who operates as a foreign motor carrier or foreign
motor private carrier without authority, before the implementation
of the land transportation provisions of the North American Free
Trade Agreement, outside the boundaries of a commercial zone along
the United States-Mexico border, is liable for a maximum penalty of
$14,371 for an intentional violation and a maximum penalty of
$35,929 for a pattern of intentional violations.
    (6) A person who operates as a motor carrier or broker for the
transportation of hazardous wastes in violation of the registration
provisions of 49 U.S.C. 13901 is liable for a minimum penalty of
$20,900 and a maximum penalty of $41,801 per violation.
    (7) A motor carrier or freight forwarder of household goods, or
their receiver or trustee, that does not comply with any regulation
relating to the protection of individual shippers, is liable for a
minimum penalty of $1,572 per violation.
    (8) A person--
    (i) Who falsifies, or authorizes an agent or other person to
falsify, documents used in the transportation of household goods by
motor carrier or freight forwarder to evidence the weight of a
shipment or
    (ii) Who charges for services which are not performed or are not
reasonably necessary in the safe and adequate movement of the
shipment is liable for a minimum penalty of $3,146 for the first
violation and $7,864 for each subsequent violation.
* * * * *
    (10) A person who offers, gives, solicits, or receives
transportation of property by a carrier at a different rate than the
rate in effect under 49 U.S.C. 13702 is liable for a maximum penalty
of $157,274 per violation. When acting in the scope of his/her
employment, the acts or omissions of a person acting for or employed
by a carrier or shipper are considered to be the acts or omissions
of that carrier or shipper, as well as that person.
    (11) Any person who offers, gives, solicits, or receives a
rebate or concession related to motor carrier transportation subject
to jurisdiction under subchapter I of 49 U.S.C. chapter 135, or who
assists or permits another person to get that transportation at less
than the rate in effect under 49 U.S.C. 13702, commits a violation
for which the penalty is $314 for the first violation and $393 for
each subsequent violation.
    (12) A freight forwarder, its officer, agent, or employee, that
assists or willingly permits a person to get service under 49 U.S.C.
13531 at less than the rate in effect under 49 U.S.C. 13702 commits
a violation for which the penalty is up to $787 for the first
violation and up to $3,146 for each subsequent violation.
    (13) A person who gets or attempts to get service from a freight
forwarder under 49 U.S.C. 13531 at less than the rate in effect
under 49 U.S.C. 13702 commits a violation for which the penalty is
up to $787 for the first violation and up to $3,146 for each
subsequent violation.
    (14) A person who knowingly authorizes, consents to, or permits
a violation of 49 U.S.C. 14103 relating to loading and unloading
motor vehicles or who knowingly violates subsection (a) of 49 U.S.C.
14103 is liable for a penalty of not more than $15,727 per
violation.
    (15) [Reserved].
    (16) A person required to make a report to the Secretary, answer
a question, or make, prepare, or preserve a record under part B of
subtitle IV, title 49, U.S.C., or an officer, agent, or employee of
that person, is liable for a minimum penalty of $1,045 and for a
maximum penalty of $7,864 per violation if it does not make the
report, does not completely and truthfully answer the question
within 30 days from the date the Secretary requires the answer, does
not make or preserve the record in the form and manner prescribed,
falsifies, destroys, or changes the report or record, files a false
report or record, makes a false or incomplete entry in the record
about a business-related fact, or prepares or preserves a record in
violation of a regulation or order of the Secretary.
    (17) A motor carrier, water carrier, freight forwarder, or
broker, or their officer, receiver, trustee, lessee, employee, or
other person authorized to receive information from them, who
discloses information identified in 49 U.S.C. 14908 without the
permission of the shipper or consignee is liable for a maximum
penalty of $3,146.
    (18) A person who violates a provision of part B, subtitle IV,
title 49, U.S.C., or a regulation or order under Part B, or who
violates a condition of registration related to transportation that
is subject to jurisdiction under subchapter I or III of chapter 135,
or who violates a condition of registration of a foreign motor
carrier or foreign motor private carrier under section 13902, is
liable for a penalty of $787 for each violation if another penalty
is not provided in 49 U.S.C. chapter 149.
* * * * *
    (21) A person--
    (i) Who knowingly and willfully fails, in violation of a
contract, to deliver to, or unload at, the destination of a shipment
of household goods in interstate commerce for which charges have
been estimated by the motor carrier transporting such goods, and for
which the shipper has tendered a payment in accordance with part
375, subpart G of this chapter, is liable for a civil penalty of not
less than $15,727 for each violation. Each day of a continuing
violation constitutes a separate offense.
* * * * *
    (22) A broker for transportation of household goods who makes an
estimate of the cost of transporting any such goods before entering
into an agreement with a motor carrier to provide transportation of
household goods subject to FMCSA jurisdiction is liable to the
United States for a civil penalty of not less than $12,135 for each
violation.
    (23) A person who provides transportation of household goods
subject to jurisdiction under 49 U.S.C. chapter 135, subchapter I,
or provides broker services for such transportation, without being
registered

under 49 U.S.C. chapter 139 to provide such transportation or
services as a motor carrier or broker, as the case may be, is liable
to the United States for a civil penalty of not less than $30,337
for each violation.
    (h) Copying of records and access to equipment, lands, and
buildings. A person subject to 49 U.S.C. chapter 51 or a motor
carrier, broker, freight forwarder, or owner or operator of a
commercial motor vehicle subject to part B of subtitle VI of title
49 U.S.C. who fails to allow promptly, upon demand in person or in
writing, the Federal Motor Carrier Safety Administration, an
employee designated by the Federal Motor Carrier Safety
Administration, or an employee of a MCSAP grant recipient to inspect
and copy any record or inspect and examine equipment, lands,
buildings, and other property, in accordance with 49 U.S.C. 504(c),
5121(c), and 14122(b), is subject to a civil penalty of not more
than $1,214 for each offense. Each day of a continuing violation
constitutes a separate offense, except that the total of all civil
penalties against any violator for all offenses related to a single
violation shall not exceed $12,135.
    (i) Evasion. A person, or an officer, employee, or agent of that
person:
    (1) Who by any means tries to evade regulation of motor carriers
under title 49, United States Code, chapter 5, chapter 51,
subchapter III of chapter 311 (except sections 31138 and 31139) or
sections 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502, or
a regulation issued under any of those provisions, shall be fined at
least $2,090 but not more than $5,225 for the first violation and at
least $2,612 but not more than $7,837 for a subsequent violation.
    (2) Who tries to evade regulation under part B of subtitle IV,
title 49, U.S.C., for carriers or brokers is liable for a penalty of
at least $2,090 for the first violation or at least $5,225 for a
subsequent violation.

    Issued under the authority of delegation in 49 CFR 1.87 on:
April 5, 2017.
Daphne Y. Jefferson,
Deputy Administrator.
[FR Doc. 2017-07316 Filed 4-11-17; 8:45 am]
 BILLING CODE 4910-EX-P


[Federal Register Volume 87, Number 7 (Tuesday, January 11, 2022)]
[Notices]
[Pages 1445-1446]
[FR Doc No: 2022-00254]

=======================================================================
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SECURITIES AND EXCHANGE COMMISSION

[SEC File No. 270-029, OMB Control No. 3235-0037]

Submission for OMB Review; Comment Request; Extension: Rule 17f-
1(c) and Form X-17F-1A

Upon Written Request, Copies Available From: Securities and Exchange
Commission, Office of FOIA Services, 100 F Street NE, Washington, DC
20549-2736

    Notice is hereby given that pursuant to the Paperwork Reduction Act
of 1995 (``PRA'') (44 U.S.C. 3501 et seq.), the Securities and Exchange
Commission (``Commission'') has submitted to the Office of Management
and Budget (``OMB'') a request for approval of extension of the
previously approved collection of information provided for in Rule 17f-
1(c) (17 CFR 240.17f-1(c) and Form X-17F-1A (17 CFR 249.100) under the
Securities Exchange Act of 1934 (15 U.S.C. 78a et seq.).
    Rule 17f-1(c) requires approximately 10,100 entities in the
securities industry to report lost, stolen, missing, or counterfeit
securities certificates to the Commission or its designee, to a
registered transfer agent for the issue, and, when criminal activity is
suspected, to the Federal Bureau of Investigation. Such entities are
required to use Form X-17F-1A to make such reports. Filing these
reports fulfills a statutory requirement that reporting institutions
report and inquire about missing, lost, counterfeit, or stolen
securities. Since these reports are compiled in a central database, the
rule facilitates reporting institutions to access the database that
stores information for the Lost and Stolen Securities Program.
    We estimate that 10,100 reporting institutions will report that
securities certificates are either missing, lost, counterfeit, or
stolen annually and that each reporting institution will submit this
report 30 times each year. The staff estimates that the average amount
of time necessary to comply with Rule 17f-1(c) and Form X17F-1A is five
minutes per submission. The total burden is approximately 25,250 hours
annually for the entire industry (10,100 times 30 times 5 divided by
60).
    Rule 17f-1(c) is a reporting rule and does not specify a retention
period. The rule requires an incident-based reporting requirement by
the reporting institutions when securities certificates are discovered
to be missing, lost, counterfeit, or stolen. Registering under Rule
17f-1(c) is mandatory to obtain the benefit of a central database that
stores information about missing, lost, counterfeit, or stolen
securities for the Lost and Stolen Securities Program. Reporting
institutions required to register under Rule 17f-1(c) will not be kept
confidential; however, the Lost and Stolen Securities Program database
will be kept confidential.
    An agency may not conduct or sponsor, and a person is not required
to respond to, a collection of information under the PRA unless it
displays a currently valid OMB control number.
    The public may view background documentation for this information
collection at the following website: www.reginfo.gov. Find this
particular information collection by selecting ``Currently under 30-day
Review--Open for Public Comments'' or by using the search function.
Written comments and recommendations for the proposed information
collection should be sent within 30 days of publication of this notice
to (i) www.reginfo.gov/public/do/PRAMain and (ii) David Bottom,
Director/Chief Information Officer, Securities and Exchange Commission,
c/o John R. Pezzullo, 100 F Street NE, Washington, DC 20549, or by
sending an email to: [email protected].

    Dated: January 5, 2022.
J. Matthew DeLesDernier,
Assistant Secretary.
[FR Doc. 2022-00254 Filed 1-10-22; 8:45 am]
BILLING CODE 8011-01-P


[Federal Register Volume 84, Number 77 (Monday, April 22, 2019)]
[Notices]
[Pages 16758-16759]
[FR Doc No: 2019-08082]

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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

Notice of Opportunity for Public Comment To Dispose of 0.76 Acres
of Airport Land at T.F. Green Airport, Warwick, RI

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Request for public comments.

-----------------------------------------------------------------------

SUMMARY: Notice is being given that the FAA is considering a request
from the Rhode Island Airport Corporation (RIAC) to dispose of 0.76
acres of land. The parcel, made up of five smaller parcels, was
acquired as part of Airport Improvement Program Grant 3-44-0003-01 and
is located to the northwest of Runway 16. The parcel is no longer
needed for airport purposes. Prior to and as part of the disposal, the
buyer must rezone the property for commercial use and an avigation
easement will be required for the property to ensure compatible land
use with the airport. RIAC will obtain fair market value for the
disposal of the land and the income derived from this disposal will be
reinvested in a future AIP funded project for the airport.

DATES: Comments must be received on or before May 22, 2019.

ADDRESSES: You may send comments using any of the following methods:
     Federal eRulemaking Portal: Go to http://www.regulations.gov, and follow

the instructions on providing comments.
     Fax:<PHONE_NUMBER>.
     Mail: U.S. Department of Transportation, Docket
Operations, M-30, West Building Ground Floor, Room W 12-140, 1200 New
Jersey Avenue SE, Washington, DC 20590.
     Hand Delivery: Deliver to mail address above between 9
a.m. and 5 p.m., Monday through Friday, except Federal holidays.
    Interested persons may inspect the request and supporting documents
by contacting the FAA at the address listed under FOR FURTHER
INFORMATION CONTACT.

FOR FURTHER INFORMATION CONTACT: Mr. Jorge E. Panteli, Compliance and
Land Use Specialist, Federal Aviation Administration, New England
Region, Airports Division, 1200 District Avenue, Burlington,
Massachusetts 01803. Telephone:<PHONE_NUMBER>.

    Issued in Burlington, Massachusetts on April 1, 2019.
Kelly Slusarski,
Manager, Planning and Engineering.
[FR Doc. 2019-08082 Filed 4-19-19; 8:45 am]
BILLING CODE 4910-13-P


[Federal Register Volume 77, Number 108 (Tuesday, June 5, 2012)]
[Notices]
[Page 33210]
[FR Doc No: 2012-13506]

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DEPARTMENT OF ENERGY

Federal Energy Regulatory Commission

[Docket No. ER12-1829-000]

Shooting Star Wind Project, LLC; Supplemental Notice That Initial
Market-Based Rate Filing Includes Request for Blanket Section 204
Authorization

    This is a supplemental notice in the above-referenced proceeding of
Shooting Star Wind Project, LLC's application for market-based rate
authority, with an accompanying rate tariff, noting that such
application includes a request for blanket authorization, under 18 CFR
part 34, of future issuances of securities and assumptions of
liability.
    Any person desiring to intervene or to protest should file with the
Federal Energy Regulatory Commission, 888 First Street NE., Washington,
DC 20426, in accordance with Rules 211 and 214 of the Commission's
Rules of Practice and Procedure (18 CFR 385.211 and 385.214). Anyone
filing a motion to intervene or protest must serve a copy of that
document on the Applicant.
    Notice is hereby given that the deadline for filing protests with
regard to the applicant's request for blanket authorization, under 18
CFR part 34, of future issuances of securities and assumptions of
liability, is June 18, 2012.
    The Commission encourages electronic submission of protests and
interventions in lieu of paper, using the FERC Online links at http://www.ferc.gov. To facilitate electronic service, persons with Internet
access who will eFile a document and/or be listed as a contact for an
intervenor must create and validate an eRegistration account using the
eRegistration link. Select the eFiling link to log on and submit the
intervention or protests.
    Persons unable to file electronically should submit an original and
14 copies of the intervention or protest to the Federal Energy
Regulatory Commission, 888 First Street NE., Washington, DC 20426.
    The filings in the above-referenced proceeding are accessible in
the Commission's eLibrary system by clicking on the appropriate link in
the above list. They are also available for review in the Commission's
Public Reference Room in Washington, DC. There is an eSubscription link
on the Web site that enables subscribers to receive email notification
when a document is added to a subscribed docket(s). For assistance with
any FERC Online service, please email<EMAIL_ADDRESS>or
call<PHONE_NUMBER> (toll free). For TTY, call<PHONE_NUMBER>.

    Dated: May 29, 2012.
Kimberly D. Bose,
Secretary.
[FR Doc. 2012-13506 Filed 6-4-12; 8:45 am]
BILLING CODE 6717-01-P