[Federal Register Volume 71, Number 94 (Tuesday, May 16, 2006)]
[Rules and Regulations]
[Pages 28518-28524]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 06-4524]



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Part III





Department of Transportation





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Federal Aviation Administration



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14 CFR Part 13



Revisions to the Civil Penalty Inflation Adjustment Rule and Tables; 
Final Rule

  Federal Register / Vol. 71, No. 94 / Tuesday, May 16, 2006 / Rules 
and Regulations  

[[Page 28518]]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 13

[Docket No. FAA-2002-11483; Amendment No. 13-33]
RIN 2120-AI52


Revisions to the Civil Penalty Inflation Adjustment Rule and 
Tables

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Final rule.

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SUMMARY: This final rule updates information in the FAA's regulations 
on certain civil monetary penalties authorized for violations of 
statutes and regulations we enforce in accordance with legislation 
enacted since the last update. The rule also includes references to 
additional and revised statutes and regulations. In addition, the rule 
makes inflation-based adjustments to civil penalties where indicated. 
Finally, it makes a technical correction to conform regulatory language 
on the inflation adjustment process to the provisions of the applicable 
statute.

DATES: This amendment becomes effective June 15, 2006.

FOR FURTHER INFORMATION CONTACT: Joyce Redos, Office of the Chief 
Counsel, Enforcement Division, AGC-300, Federal Aviation 
Administration, 800 Independence Avenue, SW., Washington, DC 20591; 
telephone (202) 267-3137; facsimile (202) 267-5106; e-mail 
[email protected].

SUPPLEMENTARY INFORMATION:

Availability of Rulemaking Documents

    You can get an electronic copy using the Internet by:
    (1) Searching the Department of Transportation's electronic Docket 
Management System (DMS) Web page (http://dms.dot.gov/search); visiting 
the FAA's Regulations and Policies Web page at http://www.faa.gov/regulations_policies/; or
    (2) Accessing the Government Printing Office's Web page at http://www.gpoaccess.gov/fr/index.html.
    You can also get a copy by sending a request to the Federal 
Aviation Administration, Office of Rulemaking, ARM-1, 800 Independence 
Avenue, SW., Washington, DC 20591, or by calling (202) 267-9680. Make 
sure to identify the amendment number or docket number of this 
rulemaking.
    Anyone is able to search the electronic form of all comments 
received into any of our dockets by the name of the individual 
submitting the comment (or signing the comment, if submitted on behalf 
of an association, business, labor union, etc.). You may review DOT's 
complete Privacy Act statement in the Federal Register published on 
April 11, 2000 (Volume 65, Number 70; Pages 19477-78) or you may visit 
http://dms.dot.gov.

Small Business Regulatory Enforcement Fairness Act

    The Small Business Regulatory Enforcement Fairness Act (SBREFA) of 
1996 requires FAA to comply with small entity requests for information 
or advice about compliance with statutes and regulations within its 
jurisdiction. Therefore, any small entity that has a question regarding 
this document may contact their local FAA official, or the person 
listed under FOR FURTHER INFORMATION CONTACT. You can find out more 
about SBREFA on the Internet at our site, http://www.faa.gov/regulations_policies/rulemaking/sbre_act/.

Authority for This Rulemaking

    The FAA's authority to issue rules regarding aviation safety is 
found in Title 49 of the United States Code. Subtitle I, section 106 
describes the authority of the FAA Administrator. Subtitle VII, 
Aviation Programs, describes in more detail the scope of the agency's 
authority.

Background

Applicable Statutes

    The Federal Civil Penalties Inflation Adjustment Act of 1990 
(Adjustment Act), Public Law (Pub. L.) 101-410, as amended by the Debt 
Collection Improvement Act of 1996 (Collection Act), Public Law 104-
134, which is codified at 28 U.S.C. 2461 note, requires Federal 
agencies to adjust the minimum and maximum amounts of civil monetary 
penalties for inflation to preserve their deterrent impact. Under those 
laws, each agency had to make an initial inflationary adjustment for 
all applicable civil monetary penalties, and make a further adjustment 
of the penalties at least once every 4 years.

Prior FAA Rulemakings

    In 1996 (61 FR 67445; December 20, 1996), we added subpart H, Civil 
Monetary Penalty Inflation Adjustment, to 14 CFR part 13. We adjusted 
the maximum civil penalty amounts for violations of the statutes, 
regulations, and orders we enforce in accordance with part 13. In 1997, 
we made some minor corrections; that amendment was No. 13-28 (62 FR 
4134). The first subpart H applied to violations that occurred on or 
after January 22, 1997.
    In Amendment No. 13-31, issued by the Administrator on December 27, 
2001, and published in the Federal Register on February 11, 2002 (67 FR 
6364), we made our second adjustment of civil monetary penalties under 
the statutes described above. To the original subpart H, we added 
adjusted civil monetary penalties for violations that occurred on or 
after March 14, 2002.

Recent Statutory Changes

    On December 12, 2003, the President signed into law the ``Vision 
100--Century of Aviation Reauthorization Act,'' Public Law 108-176 
(Vision 100). Vision 100 made several changes to the FAA's authority to 
assess civil penalties. Vision 100:
    1. Reset several of the FAA's civil monetary penalty amounts for 
some violators.
    2. Increased certain maximum civil monetary penalties in 49 U.S.C. 
46301.
    3. Revised portions of section 46301 to create specific maximum 
civil monetary penalty amounts for individuals and small business 
concerns.
    4. Redesignated portions of section 46301; e.g., section 
46301(a)(5) was redesignated as section 46301(a)(3).
    5. Added a new, mandatory civil penalty, 49 U.S.C. 46319, for 
permanent closure of an airport without providing the FAA sufficient 
notice.
    On August 10, 2005, the President signed into law the Safe, 
Accountable, Flexible, Efficient Transportation Equity Act: A Legacy 
for Users (SAFETEA-LU), Public Law 109-59, 119 Stat. 1144. Title VII of 
SAFETEA-LU, the Hazardous Materials Safety and Security Reauthorization 
Act of 2005, revised paragraph (a)(1) of 49 U.S.C. 5123 generally to 
increase to $50,000 the maximum civil penalty for a violation of 49 
U.S.C. chapter 51, or a regulation, order, special permit, or approval 
issued thereunder. However, Title VII created an exception to that 
maximum by providing that, if a violation results in death, serious 
illness, or severe injury to any person, or substantial destruction of 
property, the Secretary of Transportation may increase the amount of 
the civil penalty for such violation to not more than $100,000.
    Under Title VII of SAFETEA-LU the general minimum civil penalty for 
a violation of 49 U.S.C. chapter 51, or a regulation, order, special 
permit, or approval issued thereunder was set at $250; however, the 
minimum civil penalty for a hazardous materials training violation was 
increased to $450.

[[Page 28519]]

This Rulemaking

    In light of the statutory changes made by Vision 100 and SAFETEA-
LU, we are making a variety of changes to 14 CFR part 13, subpart H, 
which describes the civil penalty inflation adjustment process and the 
civil penalties that apply to various violations.
    Subpart H incorporates a Table One, which specifies the maximum and 
minimum civil penalty amounts that apply to violations under 49 U.S.C. 
chapter 463 and 49 U.S.C. 47531 that occurred prior to December 12, 
2003, and to violations under 49 U.S.C. chapter 51 that occurred prior 
to August 10, 2005. Table One also includes references to certain 
sections that were not included in the previous rulemakings on part 13, 
subpart H. Sections 47528 through 47530 of Title 49 prohibit the 
operation of certain aircraft when those aircraft do not comply with 
the Stage 3 noise levels (see 14 CFR part 91, subpart I). Section 47531 
of Title 49 provides that a person violating one of those statutory 
provisions is subject to the same civil penalty amounts and procedures 
under chapter 463 as a person violating section 44701(a) or (b), or any 
of sections 44702-44716. We are also adding reference to section 
46301(a)(5) (redesignated as section 46301(a)(3) by Vision 100), which 
pertains to the penalty for diversion of aviation revenues.
    For ease of using the tables, the column ``Civil monetary penalty 
description,'' contains abbreviated descriptions and therefore may not 
be all inclusive of the types of violations covered. For example, 
although 49 U.S.C. 46318 is described as ``interference with cabin or 
flight crew,'' violations of this section can also involve assaults on 
passengers. It is necessary to read fully the United States Code 
provisions cited in the first column of the tables to understand the 
extent of violations that are subject to the various civil penalties 
listed in the tables.
    Table Two specifies the new amounts of civil monetary penalties set 
or reset in Vision 100, which apply to violations that occur on or 
after December 12, 2003, as well as some inflation adjustments that are 
discussed below.
    Vision 100 provided for a general civil penalty of $25,000, 
maximum, for a violation of most of the sections in Title 49 that we 
enforce, including the regulations promulgated or orders issued under 
authority of those sections. (49 U.S.C. 46301(a)(1)(A) and (B).) (Note 
that Section 46301 does not address violations of the hazardous 
materials provisions under 49 U.S.C. chapter 51, and the $25,000 
maximum civil penalty does not apply to such violations.) Section 
46301(a)(1) provides for a maximum penalty of $1,100 for violations by 
an individual or small business concern.
    However, Vision 100 also contained a new paragraph (a)(5) in 
section 46301, which sets a maximum civil penalty amount of $10,000 for 
individuals and small business concerns for violations of statutory 
provisions listed in paragraph (a)(5)(A)(i), or a regulation prescribed 
or order issued under those statutory provisions. Paragraph (a)(5)(A) 
provides an exception for ``an airman serving as an airman;'' the 
maximum penalty for such individuals is $1,100. While section 
46301(a)(1)(A) contains a number of provisions not included in section 
46301(a)(5)(A)(i), the provisions cited in (a)(5)(A)(i) almost 
completely overlap with the provisions cited in section 46301(a)(1)(A) 
that are enforced by the FAA. (An example of a difference is that 
section 46301(a)(1)(A) includes 49 U.S.C. 44718(a), while section 
46301(a)(5)(A)(i) does not.) The result is that there are only two 
types of exceptions to the $10,000 statutory civil penalty liability 
for individuals and small businesses: First, if the alleged violator is 
an airman serving as an airman; and second, if the basis for the 
violated provision is cited in section 46301(a)(1)(A), but not cited in 
section 46301(a)(5)(A) (e.g., 49 U.S.C. 44718(a)).
    The changes due to the new language in sections 46301(a)(1) and 
(5)(A), and described above, are laid out in the following table, and 
also reflected in Table Two:

----------------------------------------------------------------------------------------------------------------
                                                                                                    What is the
                                           Is the violated provision   Is the violated provision      maximum
            Alleged violator                  cited in 49 U.S.C.        also cited in 49 U.S.C.       penalty
                                                 46301(a)(1)?               46301(a)(5)(A)?           amount?
----------------------------------------------------------------------------------------------------------------
Person not an individual or small         Yes.......................  Yes.......................         $25,000
 business concern.
Person not an individual or small         Yes.......................  No........................          25,000
 business concern.
Airman serving as an airman.............  Yes.......................  Yes.......................           1,100
Airman serving as an airman.............  Yes.......................  No........................           1,100
Individual not an airman serving as       Yes.......................  Yes.......................          10,000
 airman.
Individual not an airman serving as       Yes.......................  No........................           1,100
 airman.
Small business concern..................  Yes.......................  Yes.......................          10,000
Small business concern..................  Yes.......................  No........................           1,100
----------------------------------------------------------------------------------------------------------------

    Based on a new inflation adjustment, discussed below, the $10,000 
maximum penalties listed in this table will become $11,000. This 
adjustment is reflected in Table 2.
    Section 46301(a)(5)(B) lists maximum civil penalties for specific 
types of violations by individuals and small business concerns; an 
airman acting as an airman is not afforded a lower maximum penalty 
under these provisions. The covered violations include those under 49 
U.S.C. 46301(a)(1) related to the transportation of hazardous materials 
(Title 14 of the CFR), registration or recordation under 49 U.S.C. 
chapter 441, the limitation in 49 U.S.C. 44718(d) on construction or 
establishment of landfills, and the prohibition in 49 U.S.C. 44725 on 
unsafe disposal of life-limited aircraft parts. As set by Congress in 
Vision 100, the maximum penalty for violations of these provisions 
occurring on or after December 12, 2003 until [insert effective date of 
rule] is $10,000. Based on a new inflation adjustment, discussed below, 
for a violation occurring after the effective date of the rule, the 
maximum penalty is $11,000.
    We are adding a reference to section 46319, which provides for a 
mandatory civil penalty for each public agency that permanently closes 
an airport listed in the national plan of integrated airports without 
providing the notification required by that section. When the provision 
became effective on December 12, 2003, the penalty was $10,000 per day. 
Based on a new inflation adjustment, as of [insert date of the day 
after the effective date], the penalty is $11,000 per day.
    Table Two also includes citations to the sections not previously 
included in previous rulemakings in part 13, subpart H, i.e., 49 U.S.C. 
47528 through 47530, 47531, and 46301(a)(3), formerly section 
46301(a)(5).
    Vision 100 did not change section 46301(b); that section still 
specifies a

[[Page 28520]]

civil penalty not to exceed $2,000 for tampering with, disabling, or 
destroying a lavatory smoke alarm device on an aircraft providing air 
transportation or intrastate air transportation. In the 1997 inflation 
adjustment, we increased that maximum to $2,200. Table Two lists that 
previously adjusted maximum.
    We are adding a Table Three to reflect the current maximum and 
minimum civil penalties under 49 U.S.C. 5123(a) for a violation of one 
of the hazardous materials transportation laws, or a regulation, order, 
special permit, or approval issued thereunder. The maximum civil 
penalty generally is $50,000 for each violation on or after August 10, 
2005. We are also including the maximum civil penalty amount of 
$100,000 for a hazardous materials violation where the result is death, 
serious illness or severe injury to a person, or substantial 
destruction of property. That maximum will also apply only to a 
violation on or after August 10, 2005.
    In Table Three, we are leaving the minimum civil monetary penalty 
under 49 U.S.C. 5123(a) for a violation at $250, except as provided for 
a training violation. Because the Congress specifically chose to 
increase the minimum penalty for a training violation, but did not do 
so for any other hazmat violation, we have concluded that the minimum 
penalty has been ``reset'' to $250. The $450 minimum civil penalty 
applies only to a hazmat training violation on or after August 10, 
2005.

Civil Penalty Inflation Adjustment

Method of Calculation

    Under the rules in part 13, subpart H, which implemented the 
requirements of the Adjustment Act, as amended by the Collection Act, 
we determine the inflation adjustment for each applicable civil penalty 
by increasing the maximum civil penalty or range of minimum and maximum 
civil penalty by the ``cost-of-living adjustment'' (COLA). Each such 
increase is rounded off, as described in section 13.305(a) of part 13. 
Section 5(b) of the Adjustment Act and section 13.305(b) define the 
``cost-of-living adjustment'' as ``the percentage (if any) for each 
civil monetary penalty by which the Consumer Price Index (CPI) for the 
month of June of the calendar year preceding the adjustment exceeds the 
CPI for the month of June of the calendar year in which the amount of 
such civil penalty was last set or adjusted pursuant to law.''
    Thus, for this rulemaking, we looked at the increase (if any) of 
the CPI of June, 2005 over the CPI's of June of the calendar years for 
each of the last penalty settings or adjustments. We calculated the 
percentage of each increase, multiplied the corresponding last set or 
adjusted penalty by the percentage increase, applied the appropriate 
rounding-off number, and added each rounded number to the last set or 
adjusted penalty. If an increase was rounded to zero, the last set or 
adjusted penalty remained the same.
    The CPI for June, 2005 (the month of June of the calendar year 
preceding these adjustments) was 194.5. The CPI for the month of June 
of the calendar years in which the amount of each civil monetary 
penalty was last set or adjusted varies, depending on the particular 
provision. They are as follows: 160.3 for June 1997; 172.4 for June 
2000; and 183.7 for June 2003.
    Section 13.305(a) of the FAA's regulations describes the rounding-
off numbers. An increase determined under section 13.305(a) is rounded 
to the nearest:
    (1) Multiple of $10 in the case of penalties less than or equal to 
$100;
    (2) Multiple of $100 in the case of penalties greater than $100 but 
less than or equal to $1,000;
    (3) Multiple of $1,000 in the case of penalties greater than $1,000 
but less than or equal to $10,000;
    (4) Multiple of $5,000 in the case of penalties greater than 
$10,000 but less than $100,000;
    (5) Multiple of $10,000 in the case of penalties greater than 
$100,000 but less than or equal to $200,000;
    (6) Multiple of $25,000 in the case of penalties greater than 
$200,000.
    Finally, regardless of the rounding formula, an initial adjustment 
to a penalty is limited to 10 percent. With respect to the 10 percent 
limitation, this rule also amends 14 CFR 13.305(c) by deleting the last 
sentence in that paragraph and revising the remainder of the paragraph 
to conform to the actual language of section 6 to 28 U.S.C. 2461 note. 
The last sentence of 14 CFR 13.305(c) incorrectly states, ``[t]his 
limitation applies only to the initial adjustment, effective on January 
21, 1997.'' Section 6 of the statute is not limited to the initial 
adjustment made on that particular date; it applies as well to the 
initial adjustment made to a civil penalty provision enacted after 
January 21, 1997, e.g., 49 U.S.C. 46318.

Results of Calculations for Inflation Adjustment

    In preparing this revision to subpart H, we reviewed all the civil 
monetary penalty provisions in the FAA's statutes and applied the 
inflation adjustment and rounding-off formulae described above. We 
concluded that one provision not reset by Congress in Vision 100 or 
SAFETEA-LU is ready to be adjusted, i.e., 49 U.S.C. 46318 from a 
maximum penalty of $25,000 to $27,500. In addition, several provisions 
reset in Vision 100 are subject to adjustment. These provisions are 49 
U.S.C. 46301(a)(5)(A), 46301(a)(5)(B)(i-iv), and 49 U.S.C. 46319. These 
are being raised from a maximum of $10,000 to $11,000. None of the 
provisions affected by SAFETEA-LU are ready to be adjusted.

International Compatibility

    In keeping with U.S. obligations under the Convention on 
International Civil Aviation, it is FAA policy to comply with 
International Civil Aviation Organization (ICAO) Standards and 
Recommended Practices to the maximum extent practicable. The FAA 
determined that there are no ICAO Standards and Recommended Practices 
that correspond to these regulations.

Paperwork Reduction Act

    There are no current or new requirements for information collection 
associated with this amendment.

Good Cause

    I find good cause exists under 5 U.S.C. 553(b)(3)(B) of the 
Administrative Procedures Act for adoption of this final rule without 
prior notice and comment. This rule effectuates the intent of the 
Federal Civil Penalties Inflation Adjustment Act to allow for regular 
adjustment, for inflation, of civil monetary penalties and to maintain 
the deterrent effect of civil monetary penalties and promote compliance 
with the law. The inflation adjustments to penalties under this rule 
apply a formula mandated by Congress. It would not be in the public 
interest to delay these adjustments in order to receive public comment. 
In any event, such delay would not allow the FAA to develop any basis 
to change the method or application of the mandatory inflation 
adjustments.

Executive Order 12866 and DOT Regulatory Policies and Procedures

    Executive Order 12866, Regulatory Planning and Review, directs the 
FAA to assess both the costs and benefits of a regulatory change. We 
are not allowed to propose or adopt a regulation unless we make a 
reasoned determination that the benefits of the intended regulation 
justify its costs. In this rule, we have adopted civil monetary penalty 
limits as set forth in legislation. We have not made any other 
adjustments to the limits on civil penalties we prosecute.

[[Page 28521]]

Thus, whatever economic impact this regulation has is due solely to 
legislation enacted by the Congress, which determined that the benefits 
of the changes described in this rule justify the costs. Thus, this is 
not a ``significant regulatory action'' as defined in the Order, and we 
have not prepared a ``regulatory impact analysis.'' Similarly, we have 
not prepared a ``regulatory evaluation,'' which is the written cost/
benefit analysis ordinarily required for all rulemaking proposals under 
the DOT Regulatory Policies and Procedures.

Economic Evaluation

    Changes to Federal regulations must undergo several economic 
analyses. First, Executive Order 12866 directs that each Federal agency 
shall propose or adopt a regulation only upon a reasoned determination 
that the benefits of the intended regulations justify its costs. 
Second, the Regulatory Flexibility Act of 1980 requires agencies to 
analyze the economic impact of regulatory changes on small entities. 
Third, the Trade Agreements Act (19 U.S.C. 2531-2533) prohibits 
agencies from setting standards that create unnecessary obstacles to 
the foreign commerce of the United States. In developing U.S. 
standards, this Trade Act requires agencies to consider international 
standards and, where appropriate, that they be the basis of U.S. 
standards. And fourth, the Unfunded Mandates Reform Act of 1995 
requires agencies to prepare a written assessment of the costs, 
benefits, and other effects of proposed or final rules that include a 
Federal mandate likely to result in the expenditure by State, local, or 
tribal governments, in the aggregate, or by the private sector, of $100 
million or more, in any one year (adjusted for inflation).
    However, for regulations with an expected minimal impact, the 
above-specified analyses are not required. DOT Order 2100.5 prescribes 
policies and procedures for simplification, analysis, and review of 
regulations. If it is determined that the expected impact is so minimal 
that the proposal does not warrant a full evaluation, a statement to 
that effect and the basis for it is included in the proposed 
regulation. Since this final rule only identifies the increase in 
penalties as required by the Debt Collection Improvement Act of 1996, 
the impact of this rulemaking is minimal.

Regulatory Flexibility Act Determination

    The Regulatory Flexibility Act of 1980 (RFA) establishes ``as a 
principle of regulatory issuance that agencies shall endeavor, 
consistent with the objective of the rule and of applicable statutes, 
to fit regulatory and informational requirements to the scale of the 
business, organizations, and governmental jurisdictions subject to the 
regulation.'' To achieve that principle, the Act requires agencies to 
solicit and consider flexible regulatory proposals and to explain the 
rationale for their actions. The Act covers a wide range of small 
entities, including small businesses, not-for-profit organizations and 
small governmental jurisdictions.
    However, if an agency determines that a proposed or final rule is 
not expected to have a significant economic impact on a substantial 
number of small entities, section 605(b) of the 1980 act provides that 
the head of the agency may so certify and a regulatory flexibility 
analysis is not required. The certification must include a statement 
providing the factual basis for this determination, and the reasoning 
should be clear.
    This action simply identifies the civil monetary penalties for 
violations of the statutory and regulatory provisions we enforce. The 
penalty amounts are those specified by statute or called for under the 
inflation adjustment statutes, and the information in this rule is 
required by the Debt Collection Improvement Act of 1996. Consequently, 
we certify that this rule will not have a significant economic impact 
on a substantial number of small entities.

International Trade Impact Assessment

    The Trade Agreements Act of 1979 prohibits Federal agencies from 
engaging in any standards or related activities that create unnecessary 
obstacles to the foreign commerce of the United States. Legitimate 
domestic objectives, such as safety, are not considered unnecessary 
obstacles. The statute also requires us to consider international 
standards and, where appropriate, that they be the basis for U.S. 
standards. In addition, consistent with the Administration's belief in 
the general superiority and desirability of free trade, it is the 
policy of the Administration to remove or diminish to the extent 
feasible, barriers to international trade, including both barriers 
affecting the export of American goods and services to foreign 
countries and barriers affecting the import of foreign goods and 
services into the United States.
    In accordance with the above statute and policy, we have assessed 
the potential effect of this final rule to be negligible. This rule 
only summarizes civil monetary penalties, established by legislation, 
for violations of safety provisions that apply equally to domestic and 
foreign entities; therefore, we have determined that this rule will not 
result in an impact on international trade by companies doing business 
in or with the United States.

Executive Order 13132, Federalism

    The FAA has analyzed this final rule under the principles and 
criteria of Executive Order 13132, Federalism. The FAA determined that 
this action would not have a substantial direct effect on the States, 
or the relationship between the National Government and the States, or 
on the distribution of power and responsibilities among the various 
levels of government. Therefore, the FAA has determined that this final 
rule does not have federalism implications.

Unfunded Mandates Reform Act

    Title II of the Unfunded Mandates Reform Act of 1995 requires each 
Federal agency to prepare a written statement assessing the effects of 
any Federal mandate in a proposed or final agency rule that may result 
in an expenditure of $100 million or more (adjusted annually for 
inflation) in any one year by State, local, and tribal governments, in 
the aggregate, or by the private sector. The FAA currently uses an 
inflation-adjusted value of $120.7 million in lieu of $100 million. 
Since this final rule only identifies the increase in penalties as 
required by the Debt Collection Improvement Act of 1996, it does not 
contain such a mandate. The requirements of Title II do not apply.

Plain English

    Executive Order 12866 (58 FR 51735, Oct. 4, 1993) requires each 
agency to write regulations that are simple and easy to understand. We 
invite your comments on how to make these regulations easier to 
understand, including answers to questions such as the following:
     Are the requirements in the regulations clearly stated?
     Do the regulations contain unnecessary technical language 
or jargon that interferes with their clarity?
     Would the regulations be easier to understand if they were 
divided into more (but shorter) sections?
     Is the description in the preamble helpful in 
understanding the final rule?
    Please send your comments to the address specified in the ADDRESSES 
section.

List of Subjects in 14 CFR Part 13

    Administrative practice and procedure, Air transportation, 
Hazardous materials transportation,

[[Page 28522]]

Investigations, Law enforcement, Penalties.

The Amendment

0
In consideration of the foregoing, the Federal Aviation Administration 
amends part 13 of Title 14, Code of Federal Regulations as follows:

PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

0
1. Revise the authority citation for part 13 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, 44702-44703, 44709-
44710, 44713, 44718, 44725, 46101-46110, 46301-46316, 46318, 46501-
46502, 46504-46507, 47106, 47111, 47122, 47306, 47531-47532.


0
2. Amend Sec.  13.305 by revising paragraphs (c) and (d) to read as 
follows:


Sec.  13.305  Cost of living adjustments of civil monetary penalties.

* * * * *
    (c) Limitation on initial adjustment. The initial adjustment of a 
civil monetary penalty under this subpart does not exceed 10 percent of 
the civil penalty amount.
    (d) Inflation adjustment. Minimum and maximum civil monetary 
penalties within the jurisdiction of the FAA are adjusted for inflation 
as follows: Minimum and Maximum Civil Penalties-Adjusted for Inflation.

Table 1.--Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Before December 12,
                       2003, and for Hazardous Materials Violations Before August 10, 2005
----------------------------------------------------------------------------------------------------------------
                                                                                              Maximum penalty
                                    Civil monetary      Minimum penalty    New  adjusted    amount when last set
 United States Code  citation    penalty description        amount       minimum  penalty   or adjusted pursuant
                                                                              amount               to law
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a).............  Violation of           $250 per          Same............  $30,000 per
                                 hazardous materials    violation, last                     violation, adjusted
                                 transportation law,    set 1990.                           3/13/02.
                                 regulation, or order.
49 U.S.C. 46301(a)(1).........  Violation under 49     N/A.............  N/A.............  $1,100 per violation,
                                 U.S.C. 46301(a)(1).                                        adjusted 1/21/1997.
49 U.S.C. 46301(a)(2).........  Violation under 49     N/A.............  N/A.............  $11,000 per
                                 U.S.C.                                                     violation, adjusted
                                 46301(a)(2)(A) or                                          1/21/1997.
                                 (B) by a person
                                 operating an
                                 aircraft for the
                                 transportation of
                                 passengers or
                                 property for
                                 compensation (except
                                 an airman serving as
                                 an airman).
49 U.S.C. 46301(a)(3)(A)......  Violation under 49     N/A.............  N/A.............  $11,000 per
                                 U.S.C. 46301(a)(1)                                         violation, adjusted
                                 related to the                                             1/21/1997.
                                 transportation of
                                 hazardous materials.
49 U.S.C. 46301(a)(3)(B)......  Violation related to   N/A.............  N/A.............  $11,000 per
                                 the registration or                                        violation, adjusted
                                 recordation under 49                                       1/21/1997.
                                 U.S.C. chapter 441
                                 of an aircraft not
                                 used to provide air
                                 transportation.
49 U.S.C. 46301(a)(3)(C)......  Violation of 49        N/A.............  N/A.............  $10,000 per
                                 U.S.C. 44718(d)                                            violation, set 10/9/
                                 relating to                                                1996.
                                 limitation on
                                 construction or
                                 establishment of
                                 landfills.
49 U.S.C. 46301(a)(3)(D)......  Violation of 49        N/A.............  N/A.............  $10,000, set 4/5/
                                 U.S.C. 44725                                               2000.
                                 relating to the safe
                                 disposal of life-
                                 limited aircraft
                                 parts.
49 U.S.C. 46301(a)(5).........  Violation of 49        N/A.............  N/A.............  Increase above
                                 U.S.C. 47107(b) (or                                        otherwise applicable
                                 any assurance made                                         maximum amount not
                                 under such section)                                        to exceed 3 times
                                 or 49 U.S.C. 47133.                                        the amount of
                                                                                            revenues that are
                                                                                            used in violation of
                                                                                            such section.
49 U.S.C. 46301(b)............  Tampering with a       N/A.............  N/A.............  $2,200, adjusted 1/21/
                                 smoke alarm device.                                        1997.
49 U.S.C. 46302(a)............  Knowingly providing    N/A.............  N/A.............  $11,000, adjusted 1/
                                 false information                                          21/1997.
                                 about alleged
                                 violation involving
                                 the special aircraft
                                 jurisdiction of the
                                 United States.
49 U.S.C. 46303...............  Carrying a concealed   N/A.............  N/A.............  $11,000, adjusted 1/
                                 dangerous weapon \1\.                                      21/1997.
49 U.S.C. 46318...............  Interference with      N/A.............  N/A.............  $25,000, set 4/5/
                                 cabin or flight crew.                                      2000.
49 U.S.C. 47531...............  Violation of 49        N/A.............  N/A.............  See 49 U.S.C.
                                 U.S.C. 47528-47530,                                        46301(a)(1) and
                                 or regulation                                              (a)(2), above.
                                 prescribed under
                                 those sections,
                                 relating to the
                                 prohibition of
                                 operating certain
                                 aircraft not
                                 complying with stage
                                 3 noise levels.
----------------------------------------------------------------------------------------------------------------
\1\ The FAA prosecutes violations under this section that occurred before February 17, 2002.


[[Page 28523]]


  Table 2.--Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring on or
                                             After December 12, 2003
----------------------------------------------------------------------------------------------------------------
                                                                            Maximum penalty
                                    Civil monetary      Minimum penalty   amount when last set   New or maximum
  United States Code citation    penalty description        amount        or adjusted pursuant   penalty amount
                                                                                 to law
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 46301(a)(1).........  Violation by person    N/A.............  $25,000 per            No change.
                                 other than                               violation, reset 12/
                                 individual or small                      12/2003.
                                 business concern
                                 under 49 U.S.C.
                                 46301(a)(1)(A) or
                                 (B).
49 U.S.C. 46301(a)(1).........  Violation by airman    N/A.............  $1,100 per violation,  No change.
                                 serving as airman                        reset 12/12/2003.
                                 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           N/A.............  $1,100 per violation,  No change.
                                 individual or small                      reset 12/12/2003.
                                 business concern
                                 under 49 U.S.C.
                                 46301(a)(1)(A) or
                                 (B) (but not covered
                                 in 46301(a)(5)).
49 U.S.C. 46301(a)(3).........  Violation of 49        N/A.............  Increase above         No change.
                                 U.S.C. 47107(b) (or                      otherwise applicable
                                 any assurance made                       maximum amount not
                                 under such section)                      to exceed 3 times
                                 or 49 U.S.C. 47133.                      the amount of
                                                                          revenues that are
                                                                          used in violation of
                                                                          such section.
49 U.S.C. 46301(a)(5)(A)......  Violation by an        N/A.............  $10,000 per            $11,000 per
                                 individual or small                      violation, reset 12/   violation.\1\
                                 business concern                         12/2003.
                                 (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.............  $10,000 per            $11,000 per
                                 individual or small                      violation, reset 12/   violation.\1\
                                 business concern                         12/2003.
                                 under 49 U.S.C.
                                 46301(a)(1) related
                                 to the
                                 transportation of
                                 hazardous materials.
49 U.S.C. 46301(a)(5)(B)(ii)..  Violation by an        N/A.............  $10,000 per            $11,000 per
                                 individual or small                      violation, reset 12/   violation.\1\
                                 business concern                         12/2003.
                                 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.............  $10,000 per            $11,000 per
                                 individual or small                      violation, reset 12/   violation.\1\
                                 business concern of                      12/2003.
                                 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.............  $10,000 per            $11,000 per
                                 individual or small                      violation, reset 12/   violation.\1\
                                 business concern of                      12/2003.
                                 49 U.S.C. 44725
                                 relating to the safe
                                 disposal of life-
                                 limited aircraft
                                 parts.
49 U.S.C. 46301(b)............  Tampering with a       N/A.............  $2,200 per violation,  No change.
                                 smoke alarm device.                      adjusted 1/21/1997.
49 U.S.C. 46302...............  Knowingly providing    N/A.............  $11,000 per            No change.
                                 false information                        violation, adjusted
                                 about alleged                            1/21/1997.
                                 violation involving
                                 the special aircraft
                                 jurisdiction of the
                                 United States.
49 U.S.C. 46318...............  Interference with      N/A.............  $25,000 per            $27,500 per
                                 cabin or flight crew.                    violation, set 4/5/    violation.\2\
                                                                          2000.
49 U.S.C. 46319...............  Permanent closure of   N/A.............  $10,000 per day, set   $11,000 per
                                 an airport without                       12/12/2003.            day.\1\
                                 providing sufficient
                                 notice.
49 U.S.C. 47531...............  Violation of 49        N/A.............  See 49 U.S.C.          No change.
                                 U.S.C. 47528-47530,                      46301(a)(1) and
                                 or regulation                            (a)(5)(A), above.
                                 prescribed or order
                                 issued under those
                                 sections, relating
                                 to the prohibition
                                 of operating certain
                                 aircraft not
                                 complying with stage
                                 3 noise levels.
----------------------------------------------------------------------------------------------------------------
\1\ The maximum penalty for a violation from 12/12/2003 until 5/16/2006 is $10,000.
\2\ The maximum penalty for a violation from 4/5/2000 until 5/16/2006 is $25,000.


    Table 3.--Table of Minimum and Maximum Civil Monetary Penalty Amounts for Hazardous Materials Violations
                                      Occurring on or After August 10, 2005
----------------------------------------------------------------------------------------------------------------
                                        Civil monetary penalty
    United States Code citation              description          Minimum penalty amount  Maximum penalty amount
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a):
    Subparagraph (1)...............  Violation of hazardous       $250 per violation,     $50,000 per violation,
                                      materials transportation     reset 8/10/2005.        set 8/10/2005.
                                      law, regulation, order,
                                      special permit or
                                      approval--general.
    Subparagraph (2)...............  Violation of hazardous       $250 per violation,     $100,000 per
                                      materials transportation     reset 8/10/2005.        violation, set 8/10/
                                      law, regulation, order,                              2005.
                                      special permit or
                                      approval--results in
                                      death, serious illness,
                                      severe injury, or
                                      substantial property
                                      destruction.

[[Page 28524]]

 
    Subparagraph (3)...............  Violation of hazardous       $450 per violation,     $50,000 per violation,
                                      materials transportation     set 8/10/2005.          set 8/10/2005.
                                      law, regulation, order,
                                      special permit or
                                      approval--training
                                      violation.
----------------------------------------------------------------------------------------------------------------


    Issued in Washington, DC, on April 25, 2006.
Marion C. Blakey,
Administrator.
[FR Doc. 06-4524 Filed 5-15-06; 8:45 am]
BILLING CODE 4910-13-P