2022-04456

Document Headings Document headings vary by document type but may contain the following: • the agency or agencies that issued and signed a document • the number of the CFR title and the number of each part the document amends, proposes to amend, or is directly related to • the agency docket number / agency internal file number • the RIN which identifies each regulatory action listed in the Unified Agenda of Federal Regulatory and Deregulatory Actions See the Document Drafting Handbook for more details. Department of Transportation Federal Aviation Administration Office of the Secretary Great Lakes St. Lawrence Seaway Development Corporation Maritime Administration Pipeline and Hazardous Materials Safety Administration Federal Railroad Administration Federal Motor Carrier Safety Administration National Highway Traffic Safety Administration • 14 CFR Parts 13 and 406 • 14 CFR Part 383 • 33 CFR Part 401 • 46 CFR Parts 221, 307, 340, and 356 • 49 CFR Parts 107, 171, and 190 • 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, and 272 • 49 CFR Part 386 • 49 CFR Part 578 • RIN 2105-AF11 AGENCY: Department of Transportation (DOT or the Department). ACTION: Final rule. SUMMARY: This final rule provides the statutorily-prescribed 2022 adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. In addition, this rule notes new DOT civil penalties authority provided in the Bipartisan Infrastructure Law (BIL, enacted as the Infrastructure Investment and Jobs Act). DATES: This rule is effective March 21, 2022. FOR FURTHER INFORMATION CONTACT: Elizabeth Kohl, Attorney-Advisor, ( printed page 15840) Office of the General Counsel, U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 202-366-7253; elizabeth.kohl@dot.gov. SUPPLEMENTARY INFORMATION: Authority for This Rulemaking This rule implements the Federal Civil Penalties Inflation Adjustment Act of 1990 (FCPIAA), Public Law 101-410, as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (2015 Act), Public Law 114-74, 129 Stat. 599, codified at 28 U.S.C. 2461 note. The FCPIAA and the 2015 Act require Federal agencies to adjust minimum and maximum civil penalty amounts to preserve their deterrent impact. The 2015 Act amended the formula and frequency of the adjustments. It required an initial catch-up adjustment in the form of an interim final rule, followed by annual adjustments of civil penalty amounts using a statutorily mandated formula. Section 4(b)(2) of the 2015 Act specifically directs that the annual adjustment be accomplished through final rule without notice and comment. This rule is effective immediately. This rule also notes new DOT authority to assess civil penalties for violations of requirements related to newly manufactured and operating railroad freight cars. The authority to assess these civil penalties was provided in the BIL, enacted as the Infrastructure Investment and Jobs Act, Public Law 117-58 (Nov. 15, 2021) and codified at 49 U.S.C. 20171. The Department's authorities over the specific civil penalty regulations being amended by this rule are provided in the preamble discussion below. I. Background On November 2, 2015, the President signed into law the 2015 Act, which amended the FCPIAA, to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act requires Federal agencies to: (1) Adjust the level of civil monetary penalties with an initial “catch-up” adjustment through an interim final rule (IFR); and (2) make subsequent annual adjustments. The 2015 Act directed the Office of Management and Budget (OMB) to issue guidance on implementing the required annual adjustment no later than December 15 of each year.[1] …

Fonte: Federal Register (federalregister.gov). Texto original em inglês. Conteúdo sanitizado por segurança.