{"operation":"document","citation":"87 FR 15839","title":"Revisions to Civil Penalty Amounts","source_type":"rulemaking","agency":"National Highway Traffic Safety Administration","status":"historical","official":true,"published_on":"2022-03-21","effective_on":"2022-03-21","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).","machine_formats":{"json":"https://regulus.evalyn.ai/document/federal-register-2022-04456.json","markdown":"https://regulus.evalyn.ai/document/federal-register-2022-04456.md"},"app_url":"https://regulus.evalyn.ai/document/federal-register-2022-04456","source_url":"https://www.federalregister.gov/documents/2022/03/21/2022-04456/revisions-to-civil-penalty-amounts","body":"Federal Register, Volume 87 Issue 54 (Monday, March 21, 2022) [Federal Register Volume 87, Number 54 (Monday, March 21, 2022)] [Rules and Regulations] [Pages 15839-15873] From the Federal Register Online via the Government Publishing Office [ www.gpo.gov ] [FR Doc No: 2022-04456] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 13 and 406 Office of the Secretary 14 CFR Part 383 Great Lakes St. Lawrence Seaway Development Corporation 33 CFR Part 401 Maritime Administration 46 CFR Parts 221, 307, 340, and 356 Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, and 190 Federal Railroad Administration 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 Federal Motor Carrier Safety Administration 49 CFR Part 386 National Highway Traffic Safety Administration 49 CFR Part 578 RIN 2105-AF11 Revisions to Civil Penalty Amounts 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, [[Page 15840]] Office of the General Counsel, U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 202-366-7253; [email protected] . 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\\ On December 15, 2021, OMB released this required guidance, in OMB Memorandum M22-07, which provides instructions on how to calculate the 2022 annual adjustment. To derive the 2022 adjustment, the Department must multiply the maximum or minimum penalty amount by the percent change between the October 2021 Consumer Price Index for All Urban Consumers (CPI-U) and the October 2020 CPI-U. In this case, as explained in OMB Memorandum M-22-07, the percent change between the October 2021 CPI-U and the October 2020 CPI- U is 1.06222. --------------------------------------------------------------------------- \\1\\ 28 U.S.C. 2461 note. --------------------------------------------------------------------------- II. Issuance of a Final Rule This final rule is being published without notice and comment and with an immediate effective date. The 2015 Act provides clear direction for how to adjust the civil penalties, and clearly states at section 4(b)(2) that this adjustment shall be made ``notwithstanding section 553 of title 5, United States Code.'' By operation of the 2015 Act, DOT must publish an annual adjustment by January 15 of every year, and the new levels take effect upon publication of the rule. In addition, as noted previously in the discussion of the authority for this rulemaking, the BIL (Infrastructure Investment and Jobs Act, section 22425) provides authority for DOT to assess civil penalties for violations of requirements related to newly manufactured and operating railroad freight cars. DOT does not have discretion in this rulemaking to change the specified penalties set out in the statute. In addition, the statute directs DOT to issue any necessary implementing regulations and specifies that violations for which penalties may be assessed occur after the issuance of such regulations. As a result, no new civil penalties are being established in this rulemaking. Accordingly, DOT is publishing this final rule without prior notice and comment, and with an immediate effective date. III. Discussion of the Final Rule In 2016, OST and DOT's operating administrations with civil monetary penalties promulgated the ``catch up'' IFR required by the 2015 Act. All DOT operating administrations have already finalized their ``catch up'' IFRs, and this rule makes the annual adjustment required by the 2015 Act. The Department emphasizes that this rule adjusts penalties prospectively, and therefore the penalty adjustments made by this rule will apply only to violations that take place after this rule becomes effective. This rule also does not change previously assessed or enforced penalties that DOT is actively collecting or has collected. A. Office of the Secretary (OST) 2022 Adjustments OST's 2022 civil penalty adjustments are summarized in the chart below. BILLING CODE 4910-9X-P [[Page 15841]] [GRAPHIC] [TIFF OMITTED] TR21MR22.006 B. Federal Aviation Administration (FAA) 2022 Adjustments FAA's 2022 civil penalty adjustments are summarized in the chart below. --------------------------------------------------------------------------- \\2\\ Note that the reference to this penalty amount in the regulatory text at 14 CFR 383.2(b) was edited to reference that same penalty amount in 14 CFR 383.2(a). The edit was made to simplify reference to this penalty amount in 14 CFR 383.2 by referencing the dollar amount only once. Note also that the penalty amount in the 14 CFR 383.2(b) was incorrectly stated in DOT's 2021 civil monetary penalty (CMP) update as $1,483 rather than $1,548. This rulemaking, by referencing the correct amount in 14 CFR 383.2(a), correct that error. --------------------------------------------------------------------------- [[Page 15842]] [GRAPHIC] [TIFF OMITTED] TR21MR22.007 [[Page 15843]] [GRAPHIC] [TIFF OMITTED] TR21MR22.008 [[Page 15844]] [GRAPHIC] [TIFF OMITTED] TR21MR22.009 [[Page 15845]] [GRAPHIC] [TIFF OMITTED] TR21MR22.010 C. National Highway Traffic Safety Administration (NHTSA) 2022 Adjustments NHTSA's 2022 civil penalty adjustments are summarized in the chart below. DOT's annual civil monetary penalty adjustments have not included adjustments of NHTSA's civil penalties for violations of applicable corporate average fuel economy (CAFE) standards. Those standards, including any statutorily-required adjustments, are being addressed in a separate rulemaking proceeding (see NHTSA's supplemental notice of proposed rulemaking published in August 2021 (86 FR 46811 (Aug. 20, 2021)). Subsequent to conclusion of that rulemaking proceeding, DOT intends to update the CAFE civil penalties addressed in that rulemaking in the DOT annual civil monetary penalties adjustment. [[Page 15846]] [GRAPHIC] [TIFF OMITTED] TR21MR22.011 [[Page 15847]] [GRAPHIC] [TIFF OMITTED] TR21MR22.012 [[Page 15848]] [GRAPHIC] [TIFF OMITTED] TR21MR22.013 [[Page 15849]] [GRAPHIC] [TIFF OMITTED] TR21MR22.014 D. Federal Motor Carrier Safety Administration (FMCSA) 2022 Adjustments FMCSA's civil penalties affected by this rule are all located in appendices A and B to 49 CFR part 386. The 2022 adjustments to these civil penalties are summarized in the chart below. [GRAPHIC] [TIFF OMITTED] TR21MR22.015 [[Page 15850]] [GRAPHIC] [TIFF OMITTED] TR21MR22.016 [[Page 15851]] [GRAPHIC] [TIFF OMITTED] TR21MR22.017 [[Page 15852]] [GRAPHIC] [TIFF OMITTED] TR21MR22.018 [[Page 15853]] [GRAPHIC] [TIFF OMITTED] TR21MR22.019 [[Page 15854]] [GRAPHIC] [TIFF OMITTED] TR21MR22.020 [[Page 15855]] [GRAPHIC] [TIFF OMITTED] TR21MR22.021 [[Page 15856]] [GRAPHIC] [TIFF OMITTED] TR21MR22.022 [[Page 15857]] [GRAPHIC] [TIFF OMITTED] TR21MR22.023 E. Federal Railroad Administration (FRA) 2022 Adjustments FRA's 2022 civil penalty adjustments are summarized in the chart below. [[Page 15858]] [GRAPHIC] [TIFF OMITTED] TR21MR22.024 On November 15, 2021, the BIL (enacted as the Infrastructure Investment and Jobs Act, Pub. L. 117-58), was signed into law. The statute set forth requirements related to: (1) For newly manufactured railroad freight cars, manufactured by qualified manufacturers at qualified facilities, the inclusion of sensitive technology from countries of concern or sourced from a state-owned enterprise, and the inclusion of content other than sensitive technology from countries of concern or state-owned enterprises that meet certain specified criteria; and (2) for freight cars operating on the United States general railroad system, percentage limitations on railroad freight car content, originating from a country of concern or state-owned enterprise. The statute further directed the Secretary to issue any necessary implementing regulations, including for the monitoring and sensitive technology requirements. The statute also specified that the requirements for both newly manufactured and operating railroad freight cars would apply after issuance of the regulations. DOT acknowledges the civil penalties authority and direction to issue any necessary implementing regulations set forth in the statute. F. Pipeline and Hazardous Materials Safety Administration (PHMSA) 2022 Adjustments PHMSA's civil penalties affected by this rule for hazardous materials violations are located in 49 CFR 107.329, appendix A to subpart D of 49 CFR part 107, and Sec. 171.1. The civil penalties affected by this rule for pipeline safety violations are located in Sec. 190.223. PHMSA's 2022 civil penalty adjustments are summarized in the chart below. [[Page 15859]] [GRAPHIC] [TIFF OMITTED] TR21MR22.025 G. Maritime Administration (MARAD) 2022 Adjustments MARAD's 2022 civil penalty adjustments are summarized in the chart below. [[Page 15860]] [GRAPHIC] [TIFF OMITTED] TR21MR22.026 [[Page 15861]] [GRAPHIC] [TIFF OMITTED] TR21MR22.027 H. Great Lakes St. Lawrence Seaway Development Corporation (GLS) 2022 Adjustments The 2022 civil penalty adjustment for GLS is as follows: ---------------------------------------------------------------------------------------------------------------- New Penalty Description Citation Existing Penalty (Existing Penalty x1.06222) ---------------------------------------------------------------------------------------------------------------- Maximum civil penalty for each violation of 33 U.S.C. 1232 $97,014 $103,050 the Seaway Rules and Regulations at 33 CFR part 401.................................. ---------------------------------------------------------------------------------------------------------------- Regulatory Analysis and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures This final rule has been evaluated in accordance with existing policies and procedures and is considered not significant under Executive Order 12866 and DOT's Regulatory Policies and Procedures; therefore, the rule has not been reviewed by the Office of Management and Budget (OMB) under Executive Order 12866. B. Regulatory Flexibility Analysis The Department has determined the Regulatory Flexibility Act of 1980 (RFA) (5 U.S.C. 601, et seq.) does not apply to this rulemaking. The RFA applies, in pertinent part, only when ``an agency is required . . . to publish general notice of proposed rulemaking.'' 5 U.S.C. 604(a).\\3\\ The Small Business Administration's A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act (2012), explains that: --------------------------------------------------------------------------- \\3\\ Under 5 U.S.C. 603(a), the RFA also applies when an agency ``publishes a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws of the United States.'' However, this rule does not involve the internal revenue laws of the United States. If, under the [Administrative Procedure Act (APA)] or any rule of general applicability governing federal grants to state and local governments, the agency is required to publish a general notice of proposed rulemaking (NPRM), the RFA must be considered [citing 5 U.S.C. 604(a)] . . . . If an NPRM is not required, the RFA does not --------------------------------------------------------------------------- apply. As stated above, DOT has determined that good cause exists to publish this final rule without notice and comment procedures under the APA. Therefore, the analytical requirements of the RFA do not apply. C. Executive Order 13132 (Federalism) This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (``Federalism''). This regulation has no substantial direct effects on the States, the relationship between the National Government and the States, or the distribution of power and responsibilities among the various levels of government. It does not contain any provision that imposes substantial direct compliance costs on State and local governments. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. D. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. Because none of the measures in the rule have tribal implications or impose substantial direct compliance costs on Indian tribal governments, the funding and consultation requirements of Executive Order 13175 do not apply. E. Paperwork Reduction Act Under the Paperwork Reduction Act, before an agency submits a proposed collection of information to OMB for approval, it must publish a document in the Federal Register providing notice of and a 60-day comment period on, and otherwise consult with members of the public and affected agencies concerning, each proposed collection of information. This final rule imposes no new information reporting or record keeping necessitating clearance by OMB. F. National Environmental Policy Act The Department has analyzed the environmental impacts of this final rule pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impacts (44 FR 56420, Oct. 1, 1979, as amended July 13, 1982, and July 30, 1985). Categorical exclusions are actions identified in an agency's NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or [[Page 15862]] environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS. Id. Paragraph 4(c)(5) of DOT Order 5610.1C incorporates by reference the categorical exclusions for all DOT Operating Administrations. This action qualifies for a categorical exclusion in accordance with FAA Order 1050.1F, Environmental Impacts: Policies and Procedures (80 FR 44208, July 24, 2015), paragraph 5-6.6.f, which covers regulations not expected to cause any potentially significant environmental impacts. The Department does not anticipate any environmental impacts, and there are no extraordinary circumstances present in connection with this final rule. G. Unfunded Mandates Reform Act The Department analyzed the final rule under the factors in the Unfunded Mandates Reform Act of 1995. The Department considered whether the rule includes a Federal mandate that may result in the expenditure by State, local, and tribal governments, in the aggregate, or by the private sector, of $100,000,000 or more (adjusted annually for inflation) in any one year. The Department has determined that this final rule will not result in such expenditures. Accordingly, no further assessment or analysis is required under the Unfunded Mandates Reform Act. List of Subjects 14 CFR Part 13 Administrative practice and procedure, Air transportation, Hazardous materials transportation, Investigations, Law enforcement, Penalties. 14 CFR Part 383 Administrative practice and procedure, Penalties. 14 CFR Part 406 Administrative procedure and review, Commercial space transportation, Enforcement, Investigations, Penalties, Rules of adjudication. 33 CFR Part 401 Hazardous materials transportation, Navigation (water), Penalties, Radio, Reporting and recordkeeping requirements, Vessels, Waterways. 46 CFR Part 221 Administrative practice and procedure, Maritime carriers, Mortgages, Penalties, Reporting and recordkeeping requirements, Trusts and trustees. 46 CFR Part 307 Marine safety, Maritime carriers, Penalties, Reporting and recordkeeping requirements. 46 CFR Part 340 Harbors, Maritime carriers, National defense, Packaging and containers. 46 CFR Part 356 Citizenship and naturalization, Fishing vessels, Mortgages, Penalties, Reporting and recordkeeping requirements, Vessels. 49 CFR Part 107 Administrative practices and procedure, Hazardous materials transportation, Packaging and containers, Penalties, Reporting and recordkeeping requirements. 49 CFR Part 171 Administrative practice and procedure, Exports, Hazardous materials transportation, Hazardous waste, Imports, Information, Reporting and recordkeeping requirements. 49 CFR Part 190 Administrative practice and procedure, Penalties, Pipeline safety. 49 CFR Part 209 Administrative practice and procedure, Hazardous materials transportation, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 213 Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 214 Bridges, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 215 Freight, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Parts 216, 217, 221, 224, 229, 230, 232, 233, and 239 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 218 Occupational safety and health, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 219 Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad safety, Reporting and recordkeeping requirements, Safety, Transportation. 49 CFR Part 220 Penalties, Radio, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Parts 222, 235, 240, 242, 243, and 244 Administrative practice and procedure, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 223 Glazing standards, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 225 Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 227 Noise control, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 228 Penalties, Railroad employees, Reporting and recordkeeping requirements. 49 CFR Part 231 Penalties, Railroad safety. 49 CFR Part 234 Highway safety, Penalties, Railroad safety, Reporting and recordkeeping requirements, State and local governments. 49 CFR Part 236 Penalties, Positive train control, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 237 Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 238 Fire prevention, Passenger equipment, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 241 Communications, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 272 Penalties, Railroad employees, Railroad safety, Railroads, Safety, Transportation. [[Page 15863]] 49 CFR Part 386 Administrative procedures, Commercial motor vehicle safety, Highways and roads, Motor carriers, Penalties. 49 CFR Part 578 Imports, Motor vehicle safety, Motor vehicles, Penalties, Rubber and rubber products, Tires. Accordingly, the Department of Transportation amends 14 CFR chapters I, II, and III, 33 CFR chapter IV, 46 CFR chapter II, and 49 CFR chapters I, II, III, and V as follows: Title 14--Aeronautics and Space PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES 0 1. The authority citation for part 13 is revised to read as follows: Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44704, 44709- 44710, 44713, 44725, 44742, 44802 (note), 46101-46111, 46301, 46302 (for a violation of 49 U.S.C. 46504), 46304-46316, 46318-46320, 46501-46502, 46504, 46507, 47106, 47107, 47111, 47122, 47306, 47531- 47532; 49 CFR 1.83. 0 2. Amend Sec. 13.301 by revising paragraphs (b) and (c) to read as follows: Sec. 13.301 Inflation adjustments of civil monetary penalties. * * * * * (b) Each adjustment to a maximum civil monetary penalty or to minimum and maximum civil monetary penalties that establish a civil monetary penalty range applies to actions initiated under this part for violations occurring on or after March 21, 2022, notwithstanding references to specific civil penalty amounts elsewhere in this part. (c) Minimum and maximum civil monetary penalties are as follows: Table 1 to Sec. 13.301--Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations ---------------------------------------------------------------------------------------------------------------- New adjusted minimum New adjusted penalty amount maximum penalty Civil monetary 2021 minimum for 2021 Maximum amount for United States Code citation penalty penalty amount violations penalty amount violations description occurring on occurring on or or after March after March 21, 2022 21, 2022 ---------------------------------------------------------------------------------------------------------------- 49 U.S.C. 5123(a)(1)......... Violation of N/A N/A $84,425........ $89,678. hazardous materials transportation law. 49 U.S.C. 5123(a)(2)......... Violation of N/A N/A $196,992....... $209,249. hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction. 49 U.S.C. 5123(a)(3)......... Violation of $508 $540 $84,425........ $89,678. hazardous materials transportation law relating to training. 49 U.S.C. 44704(d)(3)........ Knowing N/A N/A $1,000,000..... $1,062,220. presentation of a nonconforming aircraft for issuance of an initial airworthiness certificate by a production certificate holder. 49 U.S.C. 44704(e)(4)........ Knowing failure N/A N/A $1,000,000..... $1,062,220. by an applicant for or holder of a type certificate to submit safety critical information or include certain such information in an airplane flight manual or flight crew operating manual. 49 U.S.C. 44704(e)(5)........ Knowing false N/A N/A See entries for See entries for statement by 49 U.S.C. 49 U.S.C. an airline 46301(a)(1) 46301(a)(1) transport and (a)(5). and (a)(5). pilot (ATP) certificate holder with respect to the submission of certain safety critical information. 49 U.S.C. 44742.............. Interference by N/A N/A See entries for See entries for a supervisory 49 U.S.C. 49 U.S.C. employee of an 46301(a)(1). 46301(a)(1). organization designation authorization (ODA) holder that manufactures a transport category airplane with an ODA unit member's performance of authorized functions. 49 U.S.C. 44802 note......... Operation of an N/A N/A $25,742........ $27,344. unmanned aircraft or unmanned aircraft system equipped or armed with a dangerous weapon. 49 U.S.C. 46301(a)(1)........ Violation by a N/A N/A $35,188........ $37,377. person other than an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B). 49 U.S.C. 46301(a)(1)........ Violation by an N/A N/A $1,548......... $1,644. airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)). 49 U.S.C. 46301(a)(1)........ Violation by an N/A N/A $1,548......... $1,644. individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered in 49 U.S.C. 46301(a)(5)). [[Page 15864]] 49 U.S.C. 46301(a)(3)........ Violation of 49 N/A N/A Increase above No change. U.S.C. otherwise 47107(b) (or applicable any assurance maximum amount made under not to exceed such section) 3 times the or 49 U.S.C. amount of 47133. revenues used in violation of such section. 49 U.S.C. 46301(a)(5)(A)..... Violation by an N/A N/A $14,074........ $14,950. individual or small business concern (except an airman serving as an airman) under 49 U.S.C. 46301(a)(5)(A) (i) or (ii). 49 U.S.C. 46301(a)(5)(B)(i).. Violation by an N/A N/A $14,074........ $14,950. individual or small business concern related to the transportation of hazardous materials. 49 U.S.C. 46301(a)(5)(B)(ii). Violation by an N/A N/A $14,074........ $14,950. individual or small business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation. 49 U.S.C. 46301(a)(5)(B)(iii) Violation by an N/A N/A $14,074........ $14,950. individual or small business concern of 49 U.S.C. 44718(d), relating to limitation on construction or establishment of landfills. 49 U.S.C. 46301(a)(5)(B)(iv). Violation by an N/A N/A $14,074........ $14,950. individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts. 49 U.S.C. 46301 note......... Individual who N/A N/A $26,929........ $28,605. aims the beam of a laser pointer at an aircraft in the airspace jurisdiction of the United States, or at the flight path of such an aircraft. 49 U.S.C. 46301(b)........... Tampering with N/A N/A $4,518......... $4,799. a smoke alarm device. 49 U.S.C. 46302.............. Knowingly N/A N/A $24,539........ $26,066. providing false information about alleged violation involving the special aircraft jurisdiction of the United States. 49 U.S.C. 46318.............. Physical or N/A N/A $36,948........ $39,247. sexual assault or threat to physically or sexually assault crewmember or other individual on an aircraft, or action that poses an imminent threat to the safety of the aircraft or individuals on board. 49 U.S.C. 46319.............. Permanent N/A N/A $14,074........ $14,950. closure of an airport without providing sufficient notice. 49 U.S.C. 46320.............. Operating an N/A N/A $21,544........ $22,884. unmanned aircraft and in so doing knowingly or recklessly interfering with a wildfire suppression, law enforcement, or emergency response effort. 49 U.S.C. 47531.............. Violation of 49 N/A N/A See entries for See entries for U.S.C. 47528- 49 U.S.C. 49 U.S.C. 47530 or 46301(a)(1) 46301(a)(1) 47534, and (a)(5). and (a)(5). relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels. ---------------------------------------------------------------------------------------------------------------- BILLING CODE 4910-9X-C PART 383--CIVIL PENALTIES 0 3. The authority citation for part 383 continues to read as follows: Authority: Sec. 701, Pub. L. 114-74, 129 Stat. 584; Sec. 503, Pub. L. 108-176, 117 Stat. 2490; Pub. L. 101-410, 104 Stat. 890; Sec. 31001, Pub. L. 104-134. 0 4. Section 383.2 is revised to read as follows: Sec. 383.2 Amount of penalty. Civil penalties payable to the U.S. Government for violations of Title 49, Chapters 401 through 421, pursuant to 49 U.S.C. 46301(a), are as follows: (a) A general civil penalty of not more than $37,377 (or $1,644 for individuals or small businesses) applies to violations of statutory provisions and rules or orders issued under those provisions, other than those listed in [[Page 15865]] paragraph (b) of this section (see 49 U.S.C. 46301(a)(1)); and (b) With respect to small businesses and individuals, notwithstanding the general civil penalty specified in paragraph (a) of this section, the following civil penalty limits apply: (1) A maximum civil penalty of $14,950 applies for violations of most provisions of Chapter 401, including the anti-discrimination provisions of sections 40127 (general provision), and 41705 (discrimination against the disabled) and rules and orders issued pursuant to those provisions (see 49 U.S.C. 46301(a)(5)(A)); (2) A maximum civil penalty of $7,475 applies for violations of section 41719 and rules and orders issued pursuant to that provision (see 49 U.S.C. 46301(a)(5)(C)); and (3) A maximum civil penalty of $3,738 applies for violations of section 41712 or consumer protection rules or orders (see 49 U.S.C. 46301(a)(5)(D)). PART 406--INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW 0 5. The authority citation for part 406 continues to read as follows: Authority: 51 U.S.C. 50901-50923. 0 6. Amend Sec. 406.9 by revising paragraph (a) to read as follows: Sec. 406.9 Civil penalties. (a) Civil penalty liability. Under 51 U.S.C. 50917(c), a person found by the Federal Aviation Administration (FAA) to have violated a requirement of the Act, a regulation issued under the Act, or any term or condition of a license or permit issued or transferred under the Act, is liable to the United States for a civil penalty of not more than $262,666 for each violation. A separate violation occurs for each day the violation continues. * * * * * Title 33--Navigation and Navigable Waters PART 401--SEAWAY REGULATIONS AND RULES Subpart B--Penalties--Violations of Seaway Regulations 0 7. The authority citation for subpart B of part 401 is revised to read as follows: Authority: 33 U.S.C. 981-990; 46 U.S.C. 70001-70004, 70011, and 70032; 49 CFR 1.101, unless otherwise noted. 0 8. Amend Sec. 401.102 by revising paragraph (a) to read as follows: Sec. 401.102 Civil penalty. (a) A person, as described in Sec. 401.101(b) who violates a regulation in this chapter is liable to a civil penalty of not more than $103,050. * * * * * Title 46--Shipping PART 221--REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND OTHER MARITIME INTERESTS 0 9. The authority citation for part 221 continues to read as follows: Authority: 46 U.S.C. chs. 301, 313, and 561; Pub. L. 114-74; 49 CFR 1.93. 0 10. Amend Sec. 221.61 by revising paragraph (b) to read as follows: Sec. 221.61 Compliance. * * * * * (b) Pursuant to 46 U.S.C. 31309, a general penalty of not more than $22,967 may be assessed for each violation of chapter 313 or 46 U.S.C. subtitle III administered by the Maritime Administration, and pursuant to the regulations in this part a person violating 46 U.S.C. 31329 is liable for a civil penalty of not more than $57,527 for each violation. A person who charters, sells, transfers, or mortgages a vessel, or an interest therein, in violation of 46 U.S.C. 56101(e) is liable for a civil penalty of not more than $21,115 for each violation. PART 307--ESTABLISHMENT OF MANDATORY POSITION REPORTING SYSTEM FOR VESSELS 0 11. The authority citation for part 307 continues to read as follows: Authority: Pub. L. 109-304; 46 U.S.C. 50113; Pub. L. 114-74; 49 CFR 1.93. 0 12. Section 307.19 is revised to read as follows: Sec. 307.19 Penalties. The owner or operator of a vessel in the waterborne foreign commerce of the United States is subject to a penalty of $146.00 for each day of failure to file an AMVER report required by this part. Such penalty shall constitute a lien upon the vessel, and such vessel may be libeled in the district court of the United States in which the vessel may be found. PART 340--PRIORITY USE AND ALLOCATION OF SHIPPING SERVICES, CONTAINERS AND CHASSIS, AND PORT FACILITIES AND SERVICES FOR NATIONAL SECURITY AND NATIONAL DEFENSE RELATED OPERATIONS 0 13. The authority citation for part 340 continues to read as follows: Authority: 50 U.S.C. 4501 et seq. (``The Defense Production Act''); Executive Order 13603 (77 FR 16651); Executive Order 12656 (53 FR 47491); Pub. L. 114-74; 49 CFR 1.45; 49 CFR 1.93(l). 0 14. Section 340.9 is revised to read as follows: Sec. 340.9 Compliance. Pursuant to 50 U.S.C. 4513, any person who willfully performs any act prohibited, or willfully fails to perform any act required, by the provisions of this part shall, upon conviction, be fined not more than $29,074 or imprisoned for not more than one year, or both. PART 356--REQUIREMENTS FOR VESSELS OF 100 FEET OR GREATER IN REGISTERED LENGTH TO OBTAIN A FISHERY ENDORSEMENT TO THE VESSEL'S DOCUMENTATION 0 15. The authority citation for part 356 continues to read as follows: Authority: 46 U.S.C. 12102; 46 U.S.C. 12151; 46 U.S.C. 31322; Pub. L. 105-277, division C, title II, subtitle I, section 203 (46 U.S.C. 12102 note), section 210(e), and section 213(g), 112 Stat. 2681; Pub. L. 107-20, section 2202, 115 Stat. 168-170; Pub. L. 114- 74; 49 CFR 1.93. 0 16. Amend Sec. 356.49 by revising paragraph (b) to read as follows: Sec. 356.49 Penalties. * * * * * (b) A fine of up to $168,651 may be assessed against the vessel owner for each day in which such vessel has engaged in fishing (as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802)) within the exclusive economic zone of the United States; and * * * * * Title 49--Transportation PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES 0 17. The authority citation for part 107 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Section 4; Pub. L. 104-121 Sections 212-213; Pub. L. 104-134 Section 31001; Pub. L. 114-74 Section 4 (28 U.S.C. [[Page 15866]] 2461 note); 49 CFR 1.81 and 1.97; 33 U.S.C. 1321. 0 18. Revise Sec. 107.329 to read as follows: Sec. 107.329 Maximum penalties. (a) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of this chapter, or a special permit or approval issued under this subchapter applicable to the transportation of hazardous materials or the causing of them to be transported or shipped is liable for a civil penalty of not more than $89,678 for each violation, except the maximum civil penalty is $209,249 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $540 for violations relating to training. When the violation is a continuing one, each day of the violation constitutes a separate offense. (b) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of this chapter, or a special permit or approval issued under this subchapter applicable to the design, manufacture, fabrication, inspection, marking, maintenance, reconditioning, repair or testing of a package, container, or packaging component which is represented, marked, certified, or sold by that person as qualified for use in the transportation of hazardous materials in commerce is liable for a civil penalty of not more than $89,678 for each violation, except the maximum civil penalty is $209,249 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $540 for violations relating to training. Appendix A to Subpart D of Part 107 [Amended] 0 19. Amend appendix A to subpart D of part 107 by removing ``$84,425 or $196,992'' and ``May 3, 2021'' and adding in their places ``$89,678 or $209,249'' and ``March 21, 2022,'' respectively. PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 0 20. The authority citation for part 171 continues to read as follows: Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.97. 0 21. Amend Sec. 171.1 by revising paragraph (g) to read as follows: Sec. 171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions. * * * * * (g) Penalties for noncompliance. Each person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued under Federal hazardous material transportation law, subchapter A of this chapter, or a special permit or approval issued under subchapter A or C of this chapter is liable for a civil penalty of not more than $89,678 for each violation, except the maximum civil penalty is $209,249 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property. There is no minimum civil penalty, except for a minimum civil penalty of $540 for a violation relating to training. PART 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES 0 22. The authority citation for part 190 continues to read as follows: Authority: 33 U.S.C. 1321(b); 49 U.S.C. 60101 et seq. 0 23. Amend Sec. 190.223 by revising paragraphs (a), (c), and (d) to read as follows: Sec. 190.223 Maximum penalties. (a) Any person found to have violated a provision of 49 U.S.C. 60101, et seq., or any regulation in 49 CFR parts 190 through 199, or order issued pursuant to 49 U.S.C. 60101, et seq. or 49 CFR part 190, is subject to an administrative civil penalty not to exceed $239,142 for each violation for each day the violation continues, with a maximum administrative civil penalty not to exceed $2,391,412 for any related series of violations. * * * * * (c) Any person found to have violated any standard or order under 49 U.S.C. 60103 is subject to an administrative civil penalty not to exceed $87,362, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section. (d) Any person who is determined to have violated any standard or order under 49 U.S.C. 60129 is subject to an administrative civil penalty not to exceed $1,388, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section. * * * * * PART 209--RAILROAD SAFETY ENFORCEMENT PROCEDURES 0 24. The authority citation for part 209 is revised to read as follows: Authority: 49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461 note; and 49 CFR 1.89. 0 25. Amend Sec. 209.103 by revising paragraphs (a) and (c) to read as foll","truncated":true,"body_characters":88332}