[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89551-89568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28066]
[[Page 89551]]
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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-AF16
Revisions to Civil Penalty Amounts, 2024
AGENCY: Department of Transportation (DOT or the Department).
ACTION: Final rule.
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SUMMARY: This final rule provides the statutorily prescribed 2024
adjustment to civil penalty amounts that may be imposed for violations
of certain DOT regulations.
DATES: This rule is effective December 28, 2023.
FOR FURTHER INFORMATION CONTACT: Elizabeth Kohl, Attorney-Advisor,
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.
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\ OMB released this required guidance
in OMB Memorandum M-24-07, available at https://www.whitehouse.gov/omb/information-for-agencies/memoranda/, which provides instructions on how
to calculate the 2024 annual adjustment. To derive the 2024 adjustment,
the Department must multiply the maximum or minimum penalty amount by
the percent change between the October 2023 Consumer Price Index for
All Urban Consumers (CPI-U) and the October 2022 CPI-U. In this case,
as explained in OMB Memorandum M-24-07 the percent change between the
October 2023 CPI-U and the October 2022 CPI-U is 1.03241.\2\
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\1\ 28 U.S.C. 2461 note.
\2\ Agencies may calculate the percent change using the CPI-U
numbers, which are typically issued in November each year, and
confirm their calculations upon issuance of the annual OMB guidance.
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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. 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) 2024 Adjustments
OST's 2024 civil penalty adjustments are summarized in the chart
below.
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New penalty
Existing (existing
Description Citation penalty penalty x
1.03241)
----------------------------------------------------------------------------------------------------------------
General civil penalty for violations 49 U.S.C. 46301(a)(1).................... $40,272 $41,577
of certain aviation economic
regulations and statutes.
General civil penalty for violations 49 U.S.C. 46301(a)(1).................... 1,771 1,828
of certain aviation economic
regulations and statutes involving
an individual or small business
concern.
[[Page 89552]]
Civil penalties for individuals or 49 U.S.C. 46301(a)(5)(A)................. 16,108 16,630
small businesses for violations of
most provisions of Chapter 401 of
Title 49, including the anti-
discrimination provisions of
sections 40127 and 41705 and rules
and orders issued pursuant to these
provisions.
Civil penalties for individuals or 49 U.S.C. 46301(a)(5)(C)................. 8,054 8,315
small businesses for violations of
49 U.S.C. 41719 and rules and orders
issued pursuant to that provision.
Civil penalties for individuals or 49 U.S.C. 46301(a)(5)(D)................. 4,028 4,159
small businesses for violations of
49 U.S.C. 41712 or consumer
protection rules and orders issued
pursuant to that provision.
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B. Federal Aviation Administration (FAA) 2024 Adjustments
FAA's 2024 civil penalty adjustments are summarized in the chart
below.
----------------------------------------------------------------------------------------------------------------
New penalty
Existing (existing
Description Citation penalty penalty x
1.03241)
----------------------------------------------------------------------------------------------------------------
Violation of hazardous materials 49 U.S.C. 5123(a)(1)..................... $96,624 $99,756
transportation law.
Violation of hazardous materials 49 U.S.C. 5123(a)(2)..................... 225,455 232,762
transportation law resulting in
death, serious illness, severe
injury, or substantial property
destruction.
Minimum penalty for violation of 49 U.S.C. 5123(a)(3)..................... 582 601
hazardous materials transportation
law relating to training.
Maximum penalty for violation of 49 U.S.C. 5123(a)(3)..................... 96,624 99,756
hazardous materials transportation
law relating to training.
Knowing presentation of a 49 U.S.C. 44704(d)(3)(B)................. 1,144,489 1,181,582
nonconforming aircraft for issuance
of an initial airworthiness
certificate by a production
certificate holder.
Knowing failure by an applicant for 49 U.S.C. 44704(e)(4)(A)................. 1,144,489 1,181,582
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
contrary to 49 U.S.C. 44704(e)(1)-
(3).
Operation of an unmanned aircraft or 49 U.S.C. 44802 note..................... 29,462 30,417
unmanned aircraft system equipped or
armed with a dangerous weapon.
Violation by a person other than an 49 U.S.C. 46301(a)(1).................... 40,272 41,577
individual or small business concern
under 49 U.S.C. 46301(a)(1)(A) or
(B).
Violation by an airman serving as an 49 U.S.C. 46301(a)(1).................... 1,771 1,828
airman under 49 U.S.C.
46301(a)(1)(A) or (B) (but not
covered by 46301(a)(5)(A) or (B)).
Violation by an individual or small 49 U.S.C. 46301(a)(1).................... 1,771 1,828
business concern under 49 U.S.C.
46301(a)(1)(A) or (B) (but not
covered in 49 U.S.C. 46301(a)(5)).
Violation by an individual or small 49 U.S.C. 46301(a)(5)(A)................. 16,108 16,630
business concern (except an airman
serving as an airman) under 49
U.S.C. 46301(a)(5)(A)(i) or (ii).
Violation by an individual or small 49 U.S.C. 46301(a)(5)(B)(i).............. 16,108 16,630
business concern related to the
transportation of hazardous
materials.
Violation by an individual or small 49 U.S.C. 46301(a)(5)(B)(ii)............. 16,108 16,630
business concern related to the
registration or recordation under 49
U.S.C. chapter 441, of an aircraft
not used to provide air
transportation.
Violation by an individual or small 49 U.S.C. 46301(a)(5)(B)(iii)............ 16,108 16,630
business concern of 49 U.S.C.
44718(d), relating to limitation on
construction or establishment of
landfills.
Violation by an individual or small 49 U.S.C. 46301(a)(5)(B)(iv)............. 16,108 16,630
business concern of 49 U.S.C. 44725,
relating to the safe disposal of
life-limited aircraft parts.
Individual who aims the beam of a 49 U.S.C. 46301 note..................... 30,820 31,819
laser pointer at an aircraft in the
airspace jurisdiction of the United
States, or at the flight path of
such an aircraft.
Tampering with a smoke alarm device.. 49 U.S.C. 46301(b)....................... 5,171 5,339
Knowingly providing false information 49 U.S.C. 46302.......................... 28,085 28,995
about alleged violation involving
the special aircraft jurisdiction of
the United States.
Physical or sexual assault or threat 49 U.S.C. 46318.......................... 42,287 43,658
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.
Permanent closure of an airport 49 U.S.C. 46319.......................... 16,108 16,630
without providing sufficient notice.
Operating an unmanned aircraft and in 49 U.S.C. 46320.......................... 24,656 25,455
so doing knowingly or recklessly
interfering with a wildfire
suppression, law enforcement, or
emergency response effort.
Violation of 51 U.S.C. 50901-50923, a 51 U.S.C. 50917(c)....................... 283,009 292,181
regulation issued under these
statutes, or any term or condition
of a license or permit issued or
transferred under these statutes.
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C. National Highway Traffic Safety Administration (NHTSA) 2024
Adjustments
NHTSA's 2024 civil penalty adjustments are summarized in the chart
below.
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New penalty
Existing (existing
Description Citation penalty penalty x
1.03241)
----------------------------------------------------------------------------------------------------------------
Maximum penalty amount for each 49 U.S.C. 30165(a)(1), 30165(a)(3)....... $26,315 $27,168
violation of: 49 U.S.C. 30112,
30115, 30117-30122, 30123(a),
30125(c), 30127, 30141-30147, 30166
or 31137, or a regulation prescribed
under any of these sections.
Maximum penalty amount for a related 49 U.S.C. 30165(a)(1), 30165(a)(3)....... 131,564,183 135,828,178
series of violations of: 49 U.S.C.
30112, 30115, 30117-30122, 30123(a),
30125(c), 30127, 30141- 30147, 30166
or 31137, or a regulation prescribed
under any of these sections.
Maximum penalty per school bus 49 U.S.C. 30165(a)(2)(A)................. 14,960 15,445
related violation of 49 U.S.C.
30112(a)(1) or 30112(a)(2).
Maximum penalty amount for a series 49 U.S.C. 30165(a)(2)(B)................. 22,440,526 23,167,823
of school bus related violations of
49 U.S.C. 30112(a)(1) or 30112(a)(2).
[[Page 89553]]
Maximum penalty per violation for 49 U.S.C. 30165(a)(4).................... 6,441 6,650
filing false or misleading reports.
Maximum penalty amount for a series 49 U.S.C. 30165(a)(4).................... 1,288,315 1,330,069
of violations related to filing
false or misleading reports.
Maximum penalty amount for each 49 U.S.C. 30505.......................... 2,100 2,168
violation of the reporting
requirements related to maintaining
the National Motor Vehicle Title
Information System.
Maximum penalty amount for each 49 U.S.C. 32507(a)....................... 3,446 3,558
violation of a bumper standard under
49 U.S.C. 32506.
Maximum penalty amount for a series 49 U.S.C. 32507(a)....................... 3,837,393 3,961,763
of violations of a bumper standard
under 49 U.S.C. 32506.
Maximum penalty amount for each 49 U.S.C. 32308(b)....................... 3,446 3,558
violation of 49 U.S.C. 32308(a)
related to providing information on
crashworthiness and damage
susceptibility.
Maximum penalty amount for a series 49 U.S.C. 32308(b)....................... 1,879,489 1, 940,403
of violations of 49 U.S.C. 32308(a)
related to providing information on
crashworthiness and damage
susceptibility.
Maximum penalty for each violation 49 U.S.C. 32308(c)....................... 71,317 73,628
related to the tire fuel efficiency
information program.
Maximum civil penalty for willfully 49 U.S.C. 32309.......................... 2,100 2,168
failing to affix, or failing to
maintain, the label required in 49
U.S.C. 32304.
Maximum penalty amount per violation 49 U.S.C. 32709.......................... 12,882 13,300
related to odometer tampering and
disclosure.
Maximum penalty amount for a related 49 U.S.C. 32709.......................... 1,288,315 1,330,069
series of violations related to
odometer tampering and disclosure.
Maximum penalty amount per violation 49 U.S.C. 32710.......................... 12,882 13,300
related to odometer tampering and
disclosure with intent to defraud.
Maximum penalty amount for each 49 U.S.C. 33115(a)....................... 2,830 2,922
violation of 49 U.S.C. 33114(a)(1)-
(4).
Maximum penalty amount for a related 49 U.S.C. 33115(a)....................... 707,524 730,455
series of violations of 49 U.S.C.
33114(a)(1)-(4).
Maximum civil penalty for violations 49 U.S.C. 33115(b)....................... 210,161 216,972
of 49 U.S.C. 33114(a)(5).
Maximum civil penalty for violations 49 U.S.C 32912(a)........................ 49,534 51,139
under 49 U.S.C. 32911(a) related to
automobile fuel economy.
Civil penalty factor for violations 49 U.S.C. 32912(b)....................... 16 17
of fuel economy standards prescribed
for a model year under 49 U.S.C.
32902 \3\.
Maximum civil penalty factor that may 49 U.S.C. 32912(c)(1)(B)................. 31 32
be prescribed for fuel economy
standards under 49 U.S.C.
32912(c)(1)(A).
Maximum civil penalty for a violation 49 U.S.C. 32902.......................... 48,779 50,360
under the medium- and heavy-duty
vehicle fuel efficiency program.
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\3\ For model years before model year 2019, the civil penalty is $5.50; for model years 2019 through 2021, the
civil penalty is $14; for model year 2022, the civil penalty is $15; for model year 2023, the civil penalty is
$16; for model year 2024, the civil penalty is $17.
D. Federal Motor Carrier Safety Administration (FMCSA) 2024 Adjustments
FMCSA's civil penalties affected by this rule are all located in
appendices A and B to 49 CFR part 386. The 2024 adjustments to these
civil penalties are summarized in the chart below. Note that the civil
penalties for violations of Appendix A IV (h) and (j) were incorrectly
stated in the regulatory text of the 2023 update as $31,536 rather than
$28,304 (88 FR 1114, 1130; Jan. 6, 2023), though these penalties were
correctly stated in the preamble as updated from $26,269 as $28,304
(Id. at 1117). These errors have been corrected in this 2024 update. In
addition, the civil penalties for violations of Appendix B (i)(1) and
(2) were incorrectly stated in the regulatory text of the 2023 update
as $6,247 rather than $6,441 (Id. at 1131), though these penalties were
correctly stated in the preamble as updated from $5,978 to $6,441 (Id.
at 1119). These errors have also been corrected in this 2024 update.
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New penalty
Existing (existing
Description Citation penalty penalty x
1.03241)
----------------------------------------------------------------------------------------------------------------
Appendix A II Subpoena............... 49 U.S.C. 525............................ $1,288 $1,330
Appendix A II Subpoena............... 49 U.S.C. 525............................ 12,882 13,300
Appendix A IV (a) Out-of-service 49 U.S.C. 521(b)(7)...................... 2,232 2,304
order (operation of commercial motor
vehicle (CMV) by driver).
Appendix A IV (b) Out-of-service 49 U.S.C. 521(b)(7)...................... 22,324 23,048
order (requiring or permitting
operation of CMV by driver).
Appendix A IV (c) Out-of-service 49 U.S.C. 521(b)(7)...................... 2,232 2,304
order (operation by driver of CMV or
intermodal equipment that was placed
out of service).
Appendix A IV (d) Out-of-service 49 U.S.C. 521(b)(7)...................... 22,324 23,048
order (requiring or permitting
operation of CMV or intermodal
equipment that was placed out of
service).
Appendix A IV (e) Out-of-service 49 U.S.C. 521(b)(2)(B)................... 1,116 1,152
order (failure to return written
certification of correction).
Appendix A IV (g) Out-of-service 49 U.S.C. 521(b)(2)(F)................... 32,208 33,252
order (failure to cease operations
as ordered).
Appendix A IV (h) Out-of-service 49 U.S.C. 521(b)(7)...................... 28,304 29,221
order (operating in violation of
order).
Appendix A IV (i) Out-of-service 49 U.S.C. 521(b)(2)(A) and (b)(7)........ 18,170 18,759
order (conducting operations during
suspension or revocation for failure
to pay penalties).
Appendix A IV (j) (conducting 49 U.S.C. 521(b)(7)...................... 28,304 29,221
operations during suspension or
revocation).
Appendix B (a)(1) Recordkeeping-- 49 U.S.C. 521(b)(2)(B)(i)................ 1,496 1,544
maximum penalty per day.
Appendix B (a)(1) Recordkeeping-- 49 U.S.C. 521(b)(2)(B)(i)................ 14,960 15,445
maximum total penalty.
Appendix B (a)(2) Knowing 49 U.S.C. 521(b)(2)(B)(ii)............... 14,960 15,445
falsification of records.
Appendix B (a)(3) Non-recordkeeping 49 U.S.C. 521(b)(2)(A)................... 18,170 18,759
violations.
Appendix B (a)(4) Non-recordkeeping 49 U.S.C. 521(b)(2)(A)................... 4,543 4,690
violations by drivers.
Appendix B (a)(5) Violation of 49 CFR 49 U.S.C. 31310(i)(2)(A)................. 3,740 3,861
392.5 (first conviction).
Appendix B (a)(5) Violation of 49 CFR 49 U.S.C. 31310(i)(2)(A)................. 7,481 7,723
392.5 (second or subsequent
conviction).
Appendix B (b) Commercial driver's 49 U.S.C. 521(b)(2)(C)................... 6,755 6,974
license (CDL) violations.
Appendix B (b)(1): Special penalties 49 U.S.C. 31310(i)(2)(A)................. 3,740 3,861
pertaining to violation of out-of-
service orders (first conviction).
Appendix B (b)(1) Special penalties 49 U.S.C. 31310(i)(2)(A)................. 7,481 7,723
pertaining to violation of out-of-
service orders (second or subsequent
conviction).
Appendix B (b)(2) Employer violations 49 U.S.C. 521(b)(2)(C)................... 6,755 6,974
pertaining to knowingly allowing,
authorizing employee violations of
out-of-service order (minimum
penalty).
Appendix B (b)(2) Employer violations 49 U.S.C. 31310(i)(2)(C)................. 37,400 38,612
pertaining to knowingly allowing,
authorizing employee violations of
out-of-service order (maximum
penalty).
[[Page 89554]]
Appendix B (b)(3) Special penalties 49 U.S.C. 31310(j)(2)(B)................. 19,389 20,017
pertaining to railroad-highway grade
crossing violations.
Appendix B (d) Financial 49 U.S.C. 31138(d)(1), 31139(g)(1)....... 19,933 20,579
responsibility violations.
Appendix B (e)(1) Violations of 49 U.S.C. 5123(a)(1)..................... 96,624 99,756
Hazardous Materials Regulations
(HMRs) and Safety Permitting
Regulations (transportation or
shipment of hazardous materials).
Appendix B (e)(2) Violations of 49 U.S.C. 5123(a)(3)..................... 582 601
Hazardous Materials Regulations
(HMRs) and Safety Permitting
Regulations (training)--minimum
penalty.
Appendix B (e)(2): Violations of 49 U.S.C. 5123(a)(1)..................... 96,624 99,756
Hazardous Materials Regulations
(HMRs) and Safety Permitting
Regulations (training)--maximum
penalty.
Appendix B (e)(3) Violations of 49 U.S.C. 5123(a)(1)..................... 96,624 99,756
Hazardous Materials Regulations
(HMRs) and Safety Permitting
Regulations (packaging or container).
Appendix B (e)(4): Violations of 49 U.S.C. 5123(a)(1)..................... 96,624 99,756
Hazardous Materials Regulations
(HMRs) and Safety Permitting
Regulations (compliance with FMCSRs).
Appendix B (e)(5) Violations of 49 U.S.C. 5123(a)(2)..................... 225,455 232,762
Hazardous Materials Regulations
(HMRs) and Safety Permitting
Regulations (death, serious illness,
severe injury to persons;
destruction of property).
Appendix B (f)(1) Operating after 49 U.S.C. 521(b)(2)(F)................... 32,208 33,252
being declared unfit by assignment
of a final ``unsatisfactory'' safety
rating (generally).
Appendix B (f)(2) Operating after 49 U.S.C. 5123(a)(1)..................... 96,624 99,756
being declared unfit by assignment
of a final ``unsatisfactory'' safety
rating (hazardous materials)--
maximum penalty.
Appendix B (f)(2): Operating after 49 U.S.C. 5123(a)(2)..................... 225,455 232,762
being declared unfit by assignment
of a final ``unsatisfactory'' safety
rating (hazardous materials)--
maximum penalty if death, serious
illness, severe injury to persons;
destruction of property.
Appendix B (g)(1): Violations of the 49 U.S.C. 14901(a)....................... 12,882 13,300
commercial regulations (CRs)
(property carriers).
Appendix B (g)(2) Violations of the 49 U.S.C. 14916(c)....................... 12,882 13,300
CRs (brokers).
Appendix B (g)(3) Violations of the 49 U.S.C. 14901(a)....................... 32,208 33,252
CRs (passenger carriers).
Appendix B (g)(4) Violations of the 49 U.S.C. 14901(a)....................... 12,882 13,300
CRs (foreign motor carriers, foreign
motor private carriers).
Appendix B (g)(5) Violations of the 49 U.S.C. 14901 note..................... 17,717 18,291
operating authority requirement
(foreign motor carriers, foreign
motor private carriers)--maximum
penalty for intentional violation.
Appendix B (g)(5) Violations of the 49 U.S.C. 14901 note..................... 44,294 45,730
operating authority requirement
(foreign motor carriers, foreign
motor private carriers)--maximum
penalty for a pattern of intentional
violations.
Appendix B (g)(6) Violations of the 49 U.S.C. 14901(b)....................... 25,767 26,602
CRs (motor carrier or broker for
transportation of hazardous wastes)--
minimum penalty.
Appendix B (g)(6) Violations of the 49 U.S.C. 14901(b)....................... 51,533 53,203
CRs (motor carrier or broker for
transportation of hazardous wastes)--
maximum penalty.
Appendix B (g)(7): Violations of the I49 U.S.C. 14901(d)(1)................... 1,937 2,000
CRs (household goods (HHG) carrier
or freight forwarder, or their
receiver or trustee).
Appendix B (g)(8) Violation of the 49 U.S.C. 14901(e)....................... 3,879 4,005
CRs (weight of HHG shipment,
charging for services)--minimum
penalty for first violation.
Appendix B (g)(8) Violation of the 49 U.S.C. 14901(e)....................... 9,695 10,009
CRs (weight of HHG shipment,
charging for services)--minimum
penalty for subsequent violation.
Appendix B (g)(10) Tariff violations. 49 U.S.C. 13702, 14903................... 193,890 200,174
Appendix B (g)(11) Additional tariff 49 U.S.C. 14904(a)....................... 387 400
violations (rebates or concessions)--
first violation.
Appendix B (g)(11) Additional tariff 49 U.S.C. 14904(a)....................... 484 500
violations (rebates or concessions)--
subsequent violations.
Appendix B (g)(12): Tariff violations 49 U.S.C. 14904(b)(1).................... 971 1,002
(freight forwarders)--maximum
penalty for first violation.
Appendix B (g)(12): Tariff violations 49 U.S.C. 14904(b)(1).................... 3,879 4,005
(freight forwarders)--maximum
penalty for subsequent violations.
Appendix B (g)(13): service from 49 U.S.C. 14904(b)(2).................... 971 1,002
freight forwarder at less than rate
in effect--maximum penalty for first
violation.
Appendix B (g)(13): service from 49 U.S.C. 14904(b)(2).................... 3,879 4,005
freight forwarder at less than rate
in effect--maximum penalty for
subsequent violation(s).
Appendix B (g)(14): Violations 49 U.S.C. 14905.......................... 19,389 20,017
related to loading and unloading
motor vehicles.
Appendix B (g)(16): Reporting and 49 U.S.C. 14901.......................... 1,288 1,330
recordkeeping under 49 U.S.C.
subtitle IV, part B (except 13901
and 13902(c))--minimum penalty.
Appendix B (g)(16): Reporting and 49 U.S.C. 14907.......................... 9,695 10,009
recordkeeping under 49 U.S.C.
subtitle IV, part B--maximum penalty.
Appendix B (g)(17): Unauthorized 49 U.S.C. 14908.......................... 3,879 4,005
disclosure of information.
Appendix B (g)(18): Violation of 49 49 U.S.C. 14910.......................... 971 1,002
U.S.C. subtitle IV, part B, or
condition of registration.
Appendix B (g)(21)(i): Knowingly and 49 U.S.C. 14915.......................... 19,389 20,017
willfully fails to deliver or unload
HHG at destination.
Appendix B (g)(22): HHG broker 49 U.S.C. 14901(d)(2).................... 14,960 15,445
estimate before entering into an
agreement with a motor carrier.
Appendix B (g)(23): HHG 49 U.S.C. 14901 (d)(3)................... 37,400 38,612
transportation or broker services--
registration requirement.
Appendix B (h): Copying of records 49 U.S.C. 521(b)(2)(E)................... 1,496 1,544
and access to equipment, lands, and
buildings--maximum penalty per day.
Appendix B (h): Copying of records 49 U.S.C. 521(b)(2)(E)................... 14,960 15,445
and access to equipment, lands, and
buildings--maximum total penalty.
Appendix B (i)(1): Evasion of 49 U.S.C. 524............................ 2,577 2,661
regulations under 49 U.S.C. ch. 5,
51, subchapter III of ch. 311
(except 31138 and 31139), 31302-
31304, 31305(b), 31310(g)(1)(A), or
31502--minimum penalty for first
violation.
Appendix B (i)(1): Evasion of 49 U.S.C. 524............................ 6,441 6,650
regulations under 49 U.S.C. ch. 5,
51, subchapter III of ch. 311
(except 31138 and 31139), 31302-
31304, 31305(b), 31310(g)(1)(A), or
31502--maximum penalty for first
violation.
Appendix B (i)(1): Evasion of 49 U.S.C. 524............................ 3,219 3,323
regulations under 49 U.S.C. ch. 5,
51, subchapter III of ch. 311
(except 31138 and 31139), 31302-
31304, 31305(b), 31310(g)(1)(A), or
31502--minimum penalty for
subsequent violation(s).
Appendix B (i)(1): Evasion of 49 U.S.C. 524............................ 9,652 9,965
regulations under 49 U.S.C. ch. 5,
51, subchapter III of ch. 311
(except 31138 and 31139), 31302-
31304, 31305(b), 31310(g)(1)(A), or
31502--maximum penalty for
subsequent violation(s).
Appendix B (i)(2): Evasion of 49 U.S.C. 14906.......................... 2,577 2,661
regulations under 49 U.S.C. subtitle
IV, part B--minimum penalty for
first violation.
Appendix B (i)(2): Evasion of 49 U.S.C. 14906.......................... 6,441 6,650
regulations under 49 U.S.C. subtitle
IV, part B--minimum penalty for
subsequent violation(s).
----------------------------------------------------------------------------------------------------------------
[[Page 89555]]
E. Federal Railroad Administration (FRA) 2024 Adjustments
FRA's 2024 civil penalty adjustments are summarized in the chart
below.
----------------------------------------------------------------------------------------------------------------
New penalty
Existing (existing
Description Citation penalty penalty x
1.03241)
----------------------------------------------------------------------------------------------------------------
Minimum rail safety penalty......... 49 U.S.C. ch. 213........................ $1,052 $1,086
Ordinary maximum rail safety penalty 49 U.S.C. ch. 213........................ 34,401 35,516
Maximum penalty for an aggravated 49 U.S.C. ch. 213........................ 137,603 142,063
rail safety violation.
Minimum penalty for hazardous 49 U.S.C. 5123........................... 582 601
materials training violations.
Maximum penalty for ordinary 49 U.S.C. 5123........................... 96,624 99,756
hazardous materials violations.
Maximum penalty for aggravated 49 U.S.C. 5123........................... 225,455 232,762
hazardous materials violations.
----------------------------------------------------------------------------------------------------------------
F. Pipeline and Hazardous Materials Safety Administration (PHMSA) 2024
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 2024 civil penalty adjustments are summarized in
the chart below.
----------------------------------------------------------------------------------------------------------------
New penalty
Existing (existing
Description Citation penalty penalty x
1.03241)
----------------------------------------------------------------------------------------------------------------
Maximum penalty for hazardous 49 U.S.C. 5123........................... $96,624 $99,756
materials violation.
Maximum penalty for hazardous 49 U.S.C. 5123........................... 225,455 232,762
materials violation that results in
death, serious illness, or severe
injury to any person or substantial
destruction of property.
Minimum penalty for hazardous 49 U.S.C. 5123........................... 582 601
materials training violations.
Maximum penalty for each pipeline 49 U.S.C. 60122(a)(1).................... 257,664 266,015
safety violation.
Maximum penalty for a related series 49 U.S.C. 60122(a)(1).................... 2,576,627 2,660,135
of pipeline safety violations.
Maximum additional penalty for each 49 U.S.C. 60122(a)(2).................... 94,128 97,179
liquefied natural gas pipeline
facility violation.
Maximum penalty for discrimination 49 U.S.C. 60122(a)(3).................... 1,496 1,544
against employees providing
pipeline safety information.
----------------------------------------------------------------------------------------------------------------
G. Maritime Administration (MARAD) 2024 Adjustments
MARAD's 2024 civil penalty adjustments are summarized in the chart
below. Note that the penalty in the regulatory text at 46 CFR 221.61(b)
for violations of 46 U.S.C. 56010(e) was stated in error as $22,750 in
the 2023 civil penalties rule update (88 FR 1114, 1124), though it was
correctly stated in the preamble of the that rule as $24,905, updated
from the 2022 civil penalty of $23,115 (Id. at 1120). This error has
been corrected in this 2024 update.
----------------------------------------------------------------------------------------------------------------
New penalty
Existing (existing
Description Citation penalty penalty x
1.03241)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for a single 46 U.S.C. 31309.......................... 24,746 25,548
violation of any provision under 46
U.S.C. Chapter 313 and all of
Subtitle III related MARAD
regulations, except for violations
of 46 U.S.C. 31329.
Maximum civil penalty for a single 46 U.S.C. 31330.......................... 61,982 63,991
violation of 46 U.S.C. 31329 as it
relates to the court sales of
documented vessels.
Maximum civil penalty for a single 46 U.S.C. 56101(e)....................... 24,905 25,712
violation of 46 U.S.C. 56101 as it
relates to approvals required to
transfer a vessel to a noncitizen.
Maximum civil penalty for failure to 46 U.S.C. 50113(b)....................... 157 162
file an Automated Mutual Assistance
Vessel Rescue System (AMVER) report.
Maximum civil penalty for violating 50 U.S.C. 4513........................... 31,326 32,341
procedures for the use and
allocation of shipping services,
port facilities and services for
national security and national
defense operations.
Maximum civil penalty for violations 46 U.S.C. 12151.......................... 181,713 187,602
in applying for or renewing a
vessel's fishery endorsement.
----------------------------------------------------------------------------------------------------------------
H. Great Lakes St. Lawrence Seaway Development Corporation (GLS) 2024
Adjustments
The 2024 civil penalty adjustment for GLS is as follows:
[[Page 89556]]
----------------------------------------------------------------------------------------------------------------
New penalty
Existing (existing
Description Citation penalty penalty
x1.03241)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for each 33 U.S.C. 1232........................... $111,031 $114,630
violation of 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). The Small Business Administration's A Guide for Government
Agencies: How to Comply with the Regulatory Flexibility Act (2012),
explains that:
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 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
includes 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.
[[Page 89557]]
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.
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 continues 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 December 28, 2023, notwithstanding
references to specific civil penalty amounts elsewhere in this part.
(c) Minimum and maximum civil monetary penalties are as follows:
[[Page 89558]]
Table 1 to Sec. 13.301(c)--Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations
----------------------------------------------------------------------------------------------------------------
New adjusted
minimum New adjusted
2023 penalty amount maximum penalty
Civil monetary minimum for violations 2023 maximum amount for
United States Code citation penalty description penalty occurring on penalty amount violations
amount or after occurring on or
December 28, after December
2023 28, 2023
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a)(1)......... Violation of N/A N/A $96,624........ $99,756.
hazardous materials
transportation law.
49 U.S.C. 5123(a)(2)......... Violation of N/A N/A $225,455....... $232,762.
hazardous materials
transportation law
resulting in death,
serious illness,
severe injury, or
substantial
property
destruction.
49 U.S.C. 5123(a)(3)......... Violation of $582 $601 $96,624........ $99,756.
hazardous materials
transportation law
relating to
training.
49 U.S.C. 44704(d)(3)........ Knowing presentation N/A N/A $1,144,488..... $1,181,581.
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 by N/A N/A $1,144,488..... $1,181,581.
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 an 49 U.S.C. 49 U.S.C.
airline transport 46301(a)(1) 46301(a)(1)
pilot (ATP) and (a)(5). and (a)(5).
certificate holder
with respect to the
submission of
certain safety
critical
information.
49 U.S.C. 44742.............. Interference by a N/A N/A See entries for See entries for
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 $29,462........ $30,417.
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 $40,272........ $41,577.
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 $1,771......... $1,828.
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 $1,771......... $1,828.
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)).
49 U.S.C. 46301(a)(3)........ Violation of 49 N/A N/A Increase above No change.
U.S.C. 47107(b) (or otherwise
any assurance made applicable
under such section) maximum amount
or 49 U.S.C. 47133. not to exceed
3 times the
amount of
revenues used
in violation
of such
section.
49 U.S.C. 46301(a)(5)(A)..... Violation by an N/A N/A $16,108........ $16,630.
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 $16,108........ $16,630.
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 $16,108........ $16,630.
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 $16,108........ $16,630.
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 $16,108........ $16,630.
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 aims N/A N/A $30,820........ $31,819.
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 a N/A N/A $5,171......... $5,339.
smoke alarm device.
49 U.S.C. 46302.............. Knowingly providing N/A N/A $28,085........ $28,995.
false information
about alleged
violation involving
the special
aircraft
jurisdiction of the
United States.
49 U.S.C. 46318.............. Physical or sexual N/A N/A $42,287........ $43,658.
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 closure of N/A N/A $16,108........ $16,630.
an airport without
providing
sufficient notice.
[[Page 89559]]
49 U.S.C. 46320.............. Operating an N/A N/A $24,656........ $25,455.
unmanned aircra ft
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. 47528-47530 49 U.S.C. 49 U.S.C.
or 47534, relating 46301(a)(1) 46301(a)(1)
to the prohibition and (a)(5). and (a)(5).
of operating
certain aircraft
not complying with
stage 3 noise
levels.
----------------------------------------------------------------------------------------------------------------
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 $41,577 (or $1,828 for
individuals or small businesses) applies to violations of statutory
provisions and rules or orders issued under those provisions, other
than those listed in 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 $16,630 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 $8,315 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 $4,159 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 $292,181 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 continues 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 $114,630.
* * * * *
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
$25,548 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 $63,991 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 $25,712 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 $162 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
[[Page 89560]]
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
$32,341 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 $187,602 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. 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 $99,756 for each
violation, except the maximum civil penalty is $232,762 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 $601 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
$99,756 for each violation, except the maximum civil penalty is
$232,762 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 $601
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, under section B, Penalty
Increases for Multiple Counts, in the second paragraph, by removing
``$96,624 or $225,455'' and ``January 6, 2023'' and adding in their
places ``$99,756 or $232,762'' and ``December 28, 2023,'' 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 $99,756 for each violation, except the maximum civil
penalty is $232,762 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 $601 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 $266,015
for each violation for each day the violation continues, with a maximum
administrative civil penalty not to exceed $2,660,135 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 $97,179, which may be in addition to other penalties to which
such person may be subject under paragraph (a) of this section.
[[Page 89561]]
(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 $1,544, 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 continues 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
follows:
Sec. 209.103 Minimum and maximum penalties.
(a) A person who knowingly violates a requirement of the Federal
hazardous materials transportation laws, an order issued thereunder, 49
CFR subchapter A or C of chapter I, subtitle B, or a special permit or
approval issued under subchapter A or C of chapter I, subtitle B, of
this title is liable for a civil penalty of not more than $99,756 for
each violation, except that--
(1) The maximum civil penalty for a violation is $232,762 if the
violation results in death, serious illness, or severe injury to any
person, or substantial destruction of property; and
(2) A minimum $601 civil penalty applies to a violation related to
training.
* * * * *
(c) The maximum and minimum civil penalties described in paragraph
(a) of this section apply to violations occurring on or after December
28, 2023.
0
26. Amend Sec. 209.105 by revising the last sentence of paragraph (c)
to read as follows:
Sec. 209.105 Notice of probable violation.
* * * * *
(c) * * * In an amended notice, FRA may change the civil penalty
amount proposed to be assessed up to and including the maximum penalty
amount of $99,756 for each violation, except that if the violation
results in death, serious illness or severe injury to any person, or
substantial destruction of property, FRA may change the penalty amount
proposed to be assessed up to and including the maximum penalty amount
of $232,762.
Sec. 209.409 [Amended]
0
27. Amend Sec. 209.409 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
0
28. Amend appendix A to part 209 in the section ``Penalty Schedules;
Assessment of Maximum Penalties'' as follows:
0
a. Add a sentence at the end of the sixth paragraph;
0
b. Revise the fourth sentence in the seventh paragraph; and
0
c. Revise the first sentence of the tenth paragraph.
The addition and revisions read as follows:
Appendix A to Part 209--Statement of Agency Policy Concerning
Enforcement of the Federal Railroad Safety Laws
* * * * *
Penalty Schedules; Assessment of Maximum Penalties
* * * * *
* * * Effective December 28, 2023, the minimum civil monetary
penalty was raised from $1,052 to $1,086, the ordinary maximum civil
monetary penalty was raised from $34,401 to $35,516, and the
aggravated maximum civil monetary penalty was raised from $137,603
to $142,063.
* * * For each regulation in this part or order, the schedule
shows two amounts within the $1,086 to $35,516 range in separate
columns, the first for ordinary violations, the second for willful
violations (whether committed by railroads or individuals). * * *
* * * * *
Accordingly, under each of the schedules (ordinarily in a
footnote), and regardless of the fact that a lesser amount might be
shown in both columns of the schedule, FRA reserves the right to
assess the statutory maximum penalty of up to $142,063 per violation
where a pattern of repeated violations or a grossly negligent
violation has created an imminent hazard of death or injury or has
caused death or injury. * * *
* * * * *
Appendix B to Part 209 [Amended]
0
29. Amend appendix B to part 209 as follows:
0
a. Remove the dollar amount ``$96,624'' everywhere it appears and add
in its place ``$99,756'';
0
b. Remove the dollar amount ``$225,455'' everywhere it appears and add
in its place ``$232,762''; and
0
c. Remove the dollar amount ``$582'' and add in its place ``$601'' in
the first paragraph.
PART 213--TRACK SAFETY STANDARDS
0
30. The authority citation for part 213 continues to read as follows:
Authority: 49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461
note; and 49 CFR 1.89.
Sec. 213.15 [Amended]
0
31. Amend Sec. 213.15 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 214--RAILROAD WORKPLACE SAFETY
0
32. The authority citation for part 214 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28
U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 214.5 [Amended]
0
33. Amend Sec. 214.5 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 215--RAILROAD FREIGHT CAR SAFETY STANDARDS
0
34. The authority citation for part 215 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49
CFR 1.89.
Sec. 215.7 [Amended]
0
35. Amend Sec. 215.7 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 216--SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD
TRACK, LOCOMOTIVE AND EQUIPMENT
0
36. The authority citation for part 216 continues to read as follows:
Authority: 49 U.S.C. 20102-20104, 20107, 20111, 20133, 20701-
20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 216.7 [Amended]
0
37. Amend Sec. 216.7 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
[[Page 89562]]
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 217--RAILROAD OPERATING RULES
0
37. The authority citation for part 217 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49
CFR 1.89.
Sec. 217.5 [Amended]
0
38. Amend Sec. 217.5 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 218--RAILROAD OPERATING PRACTICES
0
39. The authority citation for part 218 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20131, 20138, 20144, 20168;
28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 218.9 [Amended]
0
40. Amend Sec. 218.9 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 219--CONTROL OF ALCOHOL AND DRUG USE
0
41. The authority citation for part 219 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311;
28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat.
4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat.
3894; and 49 CFR 1.89.
Sec. 219.10 [Amended]
0
42. Amend Sec. 219.10 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 220--RAILROAD COMMUNICATIONS
0
43. The authority citation for part 220 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20103, note, 20107, 21301-
21302, 20701-20703, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR
1.89.
Sec. 220.7 [Amended]
0
44. Amend Sec. 220.7 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 221--REAR END MARKING DEVICE--PASSENGER, COMMUTER AND FREIGHT
TRAINS
0
45. The authority citation for part 221 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49
CFR 1.89.
Sec. 221.7 [Amended]
0
46. Amend Sec. 221.7 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 222--USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE
CROSSINGS
0
47. The authority citation for part 222 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28
U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 222.11 [Amended]
0
48. Amend Sec. 222.11 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 223--SAFETY GLAZING STANDARDS--LOCOMOTIVES, PASSENGER CARS AND
CABOOSES
0
49. The authority citation for part 223 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20133, 20701-20702, 21301-
21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 223.7 [Amended]
0
50. Amend Sec. 223.7 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 224--REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK
0
51. The authority citation for part 224 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C.
2461 note; and 49 CFR 1.89.
Sec. 224.11 [Amended]
0
52. Amend Sec. 224.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 225--RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND
INVESTIGATIONS
0
53. The authority citation for part 225 is continues to read as
follows:
Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902,
21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 225.29 [Amended]
0
54. Amend Sec. 225.29 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 227--OCCUPATIONAL NOISE EXPOSURE
0
55. The authority citation for part 227 continues to read as follows:
Authority: 49 U.S.C. 20103, 20103, note, 20701-20702; 28 U.S.C.
2461 note; and 49 CFR 1.89.
Sec. 227.9 [Amended]
0
56. Amend Sec. 227.9 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
[[Page 89563]]
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 228--PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING
AND REPORTING; SLEEPING QUARTERS
0
57. The authority citation for part 228 continues to read as follows:
Authority: 49 U.S.C. 103, 20103, 20107, 21101-21109; 49 U.S.C.
21301, 21303, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 228.6 [Amended]
0
58. Amend Sec. 228.6 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
0
59. Amend appendix A to part 228, under the heading ``General
Provisions,'' in the ``Penalty'' paragraph by adding a sentence at the
end of the first paragraph to read as follows:
Appendix A to Part 228--Requirements of the Hours of Service Act:
Statement of Agency Policy and Interpretation
* * * * *
General Provisions
* * * * *
Penalty. * * * Effective December 28, 2023, the minimum civil
monetary penalty was raised from $1,052 to $1,086, the ordinary maximum
civil monetary penalty was raised from $34,401 to $35,516, and the
aggravated maximum civil monetary penalty was raised from $137,603 to
$142,063.
* * * * *
PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS
0
60. The authority citation for part 229 continues to read as follows:
Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301,
21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 229.7 [Amended]
0
61. Amend Sec. 229.7 in paragraph (b) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS
0
62. The authority citation for part 230 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461 note;
and 49 CFR 1.89.
Sec. 230.4 [Amended]
0
63. Amend Sec. 230.4 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 231--RAILROAD SAFETY APPLIANCE STANDARDS
0
64. The authority citation for part 231 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20107, 20131, 20301-20303,
21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 231.0 [Amended]
0
65. Amend Sec. 231.0 in paragraph (f) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 233--SIGNAL SYSTEMS REPORTING REQUIREMENTS
0
66. The authority citation for part 233 continues to read as follows:
Authority: 49 U.S.C. 504, 522, 20103, 20107, 20501-20505, 21301,
21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 233.11 [Amended]
0
67. Amend Sec. 233.11 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 234--GRADE CROSSING SAFETY
0
68. The authority citation for part 234 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304,
21311, 22907 note; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 234.6 [Amended]
0
69. Amend Sec. 234.6 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 235--INSTRUCTIONS GOVERNING APPLICATIONS FOR APPROVAL OF A
DISCONTINUANCE OR MATERIAL MODIFICATION OF A SIGNAL SYSTEM OR
RELIEF FROM THE REQUIREMENTS OF PART 236
0
70. The authority citation for part 235 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49
CFR 1.89.
Sec. 235.9 [Amended]
0
71. Amend Sec. 235.9 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 236--RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE
INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF SIGNAL AND
TRAIN CONTROL SYSTEMS, DEVICES, AND APPLIANCES
0
72. The authority citation for part 236 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20157,
20301-20303, 20306, 20501-20505, 20701-20703, 21301-21302, 21304; 28
U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 236.0 [Amended]
0
73. Amend Sec. 236.0 in paragraph (f) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 237--BRIDGE SAFETY STANDARDS
0
74. The authority citation for part 237 continues to read as follows:
[[Page 89564]]
Authority: 49 U.S.C. 20102-20114; 28 U.S.C. 2461 note; Div. A,
Sec. 417, Pub. L. 110-432, 122 Stat. 4848; and 49 CFR 1.89.
Sec. 237.7 [Amended]
0
75. Amend Sec. 237.7 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS
0
76. The authority citation for part 238 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303,
20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49
CFR 1.89.
Sec. 238.11 [Amended]
0
77. Amend Sec. 238.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 239--PASSENGER TRAIN EMERGENCY PREPAREDNESS
0
78. The authority citation for part 239 continues to read as follows:
Authority: 49 U.S.C. 20102-20103, 20105-20114, 20133, 21301,
21304, and 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 239.11 [Amended]
0
79. Amend Sec. 239.11 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS
0
80. The authority citation for part 240 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311;
28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 240.11 [Amended]
0
81. Amend Sec. 240.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063.
PART 241--UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF
UNITED STATES RAIL OPERATIONS
0
82. The authority citation for part 241 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28
U.S.C. 2461 note; 49 CFR 1.89.
Sec. 241.15 [Amended]
0
83. Amend Sec. 241.15 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 242--QUALIFICATION AND CERTIFICATION OF CONDUCTORS
0
84. The authority citation for part 242 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163,
21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 242.11 [Amended]
0
85. Amend Sec. 242.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 243--TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED
RAILROAD EMPLOYEES
0
86. The authority citation for part 243 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20131-20155, 20162, 20301-
20306, 20701-20702, 21301-21304, 21311; 28 U.S.C. 2461 note; and 49
CFR 1.89.
Sec. 243.7 [Amended]
0
87. Amend Sec. 243.7 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 244--REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING
RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL
0
88. The authority citation for part 244 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559;
28 U.S.C. 2461 note; and 49 CFR 1.89.
Sec. 244.5 [Amended]
0
89. Amend Sec. 244.5 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 272--CRITICAL INCIDENT STRESS PLANS
0
90. The authority citation for part 272 continues to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20109 note; 28 U.S.C. 2461
note; and 4 CFR 1.89.
Sec. 272.11 [Amended]
0
91. Amend Sec. 272.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place
``$142,063''.
PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS
0
92. The authority citation for part 386 continues to read as follows:
Authority: 28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note,
31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and
315; and 49 CFR 1.81, 1.87.
0
93. Amend appendix A to part 386 by revising section II and section
IV.a. through e. and g. through j. to read as follows:
Appendix A to Part 386--Penalty Schedule: Violations of Notices and
Orders
* * * * *
[[Page 89565]]
II. Subpoena
Violation--Failure to respond to Agency subpoena to appear and
testify or produce records.
Penalty--minimum of $1,330 but not more than $13,300 per
violation.
* * * * *
IV. Out-of-Service Order
j. Violation--Operation of a commercial vehicle by a driver
during the period the driver was placed out of service.
Penalty--Up to $2,304 per violation.
(For purposes of this violation, the term ``driver'' means an
operator of a commercial motor vehicle, including an independent
contractor who, while in the course of operating a commercial motor
vehicle, is employed or used by another person.)
b. Violation--Requiring or permitting a driver to operate a
commercial vehicle during the period the driver was placed out of
service.
Penalty--Up to $23,048 per violation.
(This violation applies to motor carriers including an
independent contractor who is not a ``driver,'' as defined under
paragraph IV(a) above.)
c. Violation--Operation of a commercial motor vehicle or
intermodal equipment by a driver after the vehicle or intermodal
equipment was placed out-of-service and before the required repairs
are made.
Penalty--$2,304 each time the vehicle or intermodal equipment is
so operated. (This violation applies to drivers as defined in IV(a)
above.)
d. Violation--Requiring or permitting the operation of a
commercial motor vehicle or intermodal equipment placed out-of-
service before the required repairs are made.
Penalty--Up to $23,048 each time the vehicle or intermodal
equipment is so operated after notice of the defect is received.
(This violation applies to intermodal equipment providers and
motor carriers, including an independent owner operator who is not a
``driver,'' as defined in IV(a) above.)
e. Violation--Failure to return written certification of
correction as required by the out- of-service order.
Penalty--Up to $1,152 per violation.
* * * * *
g. Violation--Operating in violation of an order issued under
Sec. 386.72(b) to cease all or part of the employer's commercial
motor vehicle operations or to cease part of an intermodal equipment
provider's operations, i.e., failure to cease operations as ordered.
Penalty--Up to $33,252 per day the operation continues after the
effective date and time of the order to cease.
h. Violation--Operating in violation of an order issued under
Sec. 386.73.
Penalty--Up to $29,221 per day the operation continues after the
effective date and time of the out-of-service order.
j. Violation--Conducting operations during a period of
suspension under Sec. 386.83 or Sec. 386.84 for failure to pay
penalties.
Penalty--Up to $18,758 for each day that operations are
conducted during the suspension or revocation period.
j. Violation--Conducting operations during a period of
suspension or revocation under Sec. 385.911, Sec. 385.913, Sec.
385.1009, or Sec. 385.1011 of this subchapter.
Penalty--Up to $29,221 for each day that operations are
conducted during the suspension or revocation period.
0
94. Amend appendix B to part 386 by revising paragraphs (a)(1) through
(5), (b), (d) through (f), (g)(1) through (8), (10) through (14), and
(16) through (18), (g)(21)(i), (g)(22) and (23), (h), and (i) to read
as follows:
Appendix B to Part 386--Penalty Schedule: Violations and Monetary
Penalties
* * * * *
What are the types of violations and maximum monetary penalties?
(a) * * *
(1) Recordkeeping. A person or entity that fails to prepare or
maintain a record required by part 40 of this title and parts 382,
subpart A, B, C, D, E, or F, 385, and 390 through 399 of this
subchapter, or prepares or maintains a required record that is
incomplete, inaccurate, or false, is subject to a maximum civil
penalty of $1,544 for each day the violation continues, up to
$15,445.
(2) Knowing falsification of records. A person or entity that
knowingly falsifies, destroys, mutilates, or changes a report or
record required by parts 382, subpart A, B, C, D, E, or F, 385, and
390 through 399 of this subchapter, knowingly makes or causes to be
made a false or incomplete record about an operation or business
fact or transaction, or knowingly makes, prepares, or preserves a
record in violation of a regulation order of the Secretary is
subject to a maximum civil penalty of $15,445 if such action
misrepresents a fact that constitutes a violation other than a
reporting or recordkeeping violation.
(3) Non-recordkeeping violations. A person or entity that
violates part 382, subpart A, B, C, D, E, or F, part 385, or parts
390 through 399 of this subchapter, except a recordkeeping
requirement, is subject to a civil penalty not to exceed $18,758 for
each violation.
(4) Non-recordkeeping violations by drivers. A driver who
violates parts 382, subpart A, B, C, D, E, or F, 385, and 390
through 399 of this subchapter, except a recordkeeping violation, is
subject to a civil penalty not to exceed $4,690.
(5) Violation of 49 CFR 392.5. A driver placed out of service
for 24 hours for violating the alcohol prohibitions of 49 CFR
392.5(a) or (b) who drives during that period is subject to a civil
penalty not to exceed $3,861 for a first conviction and not less
than $7,723 for a second or subsequent conviction.
* * * * *
(b) Commercial driver's license (CDL) violations. Any employer,
employee, medical review officer, or service agent who violates any
provision of 49 CFR part 382, subpart G, or any person who violates
49 CFR part 383, subpart B, C, E, F, G, or H, is subject to a civil
penalty not to exceed $6,974; except:
(1) A CDL-holder who is convicted of violating an out-of-service
order shall be subject to a civil penalty of not less than $3,861
for a first conviction and not less than $7,723 for a second or
subsequent conviction;
(2) An employer of a CDL-holder who knowingly allows, requires,
permits, or authorizes an employee to operate a CMV during any
period in which the CDL-holder is subject to an out-of-service
order, is subject to a civil penalty of not less than $6,974 or more
than $38,612; and
(3) An employer of a CDL-holder who knowingly allows, requires,
permits, or authorizes that CDL-holder to operate a CMV in violation
of a Federal, State, or local law or regulation pertaining to
railroad-highway grade crossings is subject to a civil penalty of
not more than $20,017.
* * * * *
(d) Financial responsibility violations. A motor carrier that
fails to maintain the levels of financial responsibility prescribed
by part 387 of this subchapter or any person (except an employee who
acts without knowledge) who knowingly violates the rules of part
387, subparts A and B, is subject to a maximum penalty of $20,579.
Each day of a continuing violation constitutes a separate offense.
(e) Violations of the Hazardous Materials Regulations (HMRs) and
safety permitting regulations found in subpart E of part 385 of this
subchapter. This paragraph (e) applies to violations by motor
carriers, drivers, shippers and other persons who transport
hazardous materials on the highway in commercial motor vehicles or
cause hazardous materials to be so transported.
(1) All knowing violations of 49 U.S.C. chapter 51 or orders or
regulations issued under the authority of that chapter applicable to
the transportation or shipment of hazardous materials by commercial
motor vehicle on the highways are subject to a civil penalty of not
more than $99,756 for each violation. Each day of a continuing
violation constitutes a separate offense.
(2) All knowing violations of 49 U.S.C. chapter 51 or orders or
regulations issued under the authority of that chapter applicable to
training related to the transportation or shipment of hazardous
materials by commercial motor vehicle on the highways are subject to
a civil penalty of not less than $601 and not more than $99,756 for
each violation.
(3) All knowing violations of 49 U.S.C. chapter 51 or orders,
regulations, or exemptions under the authority of that chapter
applicable to the manufacture, fabrication, marking, maintenance,
reconditioning, repair, or testing of a packaging or container that
is represented, marked, certified, or sold as being qualified for
use in the transportation or shipment of hazardous materials by
commercial motor vehicle on the highways are subject to a civil
penalty of not more than $99,756 for each violation.
(4) Whenever regulations issued under the authority of 49 U.S.C.
chapter 51 require compliance with the FMCSRs while transporting
hazardous materials, any violations of the FMCSRs will be considered
a violation of the HMRs and subject to a civil penalty of not more
than $99,756.
(5) If any violation subject to the civil penalties set out in
paragraphs (e)(1) through (4) of this appendix results in death,
serious
[[Page 89566]]
illness, or severe injury to any person or in substantial
destruction of property, the civil penalty may be increased to not
more than $232,762 for each offense.
(f) Operating after being declared unfit by assignment of a
final ``unsatisfactory'' safety rating. (1) A motor carrier
operating a commercial motor vehicle in interstate commerce (except
owners or operators of commercial motor vehicles designed or used to
transport hazardous materials for which placarding of a motor
vehicle is required under regulations prescribed under 49 U.S.C.
chapter 51) is subject, after being placed out of service because of
receiving a final ``unsatisfactory'' safety rating, to a civil
penalty of not more than $33,252 (49 CFR 385.13). Each day the
transportation continues in violation of a final ``unsatisfactory''
safety rating constitutes a separate offense.
(2) A motor carrier operating a commercial motor vehicle
designed or used to transport hazardous materials for which
placarding of a motor vehicle is required under regulations
prescribed under 49 U.S.C. chapter 51 is subject, after being placed
out of service because of receiving a final ``unsatisfactory''
safety rating, to a civil penalty of not more than $99,756 for each
offense. If the violation results in death, serious illness, or
severe injury to any person or in substantial destruction of
property, the civil penalty may be increased to not more than
$232,762 for each offense. Each day the transportation continues in
violation of a final ``unsatisfactory'' safety rating constitutes a
separate offense.
(g) * * *
(1) A person who operates as a motor carrier for the
transportation of property in violation of the registration
requirements of 49 U.S.C. 13901 is liable for a minimum penalty of
$13,300 per violation.
(2) A person who knowingly operates as a broker in violation of
registration requirements of 49 U.S.C 13904 or financial security
requirements of 49 U.S.C 13906 is liable for a penalty not to exceed
$13,300 for each violation.
(3) A person who operates as a motor carrier of passengers in
violation of the registration requirements of 49 U.S.C. 13901 is
liable for a minimum penalty of $33,252 per violation.
(4) A person who operates as a foreign motor carrier or foreign
motor private carrier of property in violation of the provisions of
49 U.S.C. 13902(c) is liable for a minimum penalty of $13,300 per
violation.
(5) A person who operates as a foreign motor carrier or foreign
motor private carrier without authority, outside the boundaries of a
commercial zone along the United States- Mexico border, is liable
for a maximum penalty of $18,291 for an intentional violation and a
maximum penalty of $45,730 for a pattern of intentional violations.
(6) A person who operates as a motor carrier or broker for the
transportation of hazardous wastes in violation of the registration
provisions of 49 U.S.C. 13901 is liable for a minimum penalty of
$26,602 and a maximum penalty of $53,203 per violation.
(7) A motor carrier or freight forwarder of household goods, or
their receiver or trustee, that does not comply with any regulation
relating to the protection of individual shippers, is liable for a
minimum penalty of $2,000 per violation.
(8) A person as described under paragraph (i) or (ii) is liable
for a minimum penalty of $4,005 for the first violation and $10,009
for each subsequent violation--
(i) Who falsifies, or authorizes an agent or other person to
falsify, documents used in the transportation of household goods by
motor carrier or freight forwarder to evidence the weight of a
shipment; or
(ii) Who charges for services which are not performed or are not
reasonably necessary in the safe and adequate movement of the
shipment.
* * * * *
(10) A person who offers, gives, solicits, or receives
transportation of property by a carrier at a different rate than the
rate in effect under 49 U.S.C. 13702 is liable for a maximum penalty
of $200,174 per violation. When acting in the scope of his/her
employment, the acts or omissions of a person acting for or employed
by a carrier or shipper are considered the acts or omissions of that
carrier or shipper, as well as of that person.
(11) Any person who offers, gives, solicits, or receives a
rebate or concession related to motor carrier transportation subject
to jurisdiction under subchapter I of 49 U.S.C. chapter 135, or who
assists or permits another person to get that transportation at less
than the rate in effect under 49 U.S.C. 13702, commits a violation
for which the penalty is $400 for the first violation and $500 for
each subsequent violation.
(12) A freight forwarder, its officer, agent, or employee, that
assists or willingly permits a person to get service under 49 U.S.C.
13531 at less than the rate in effect under 49 U.S.C. 13702 commits
a violation for which the penalty is up to $1,002 for the first
violation and up to $4,005 for each subsequent violation.
(13) A person who gets or attempts to get service from a freight
forwarder under 49 U.S.C. 13531 at less than the rate in effect
under 49 U.S.C. 13702 commits a violation for which the penalty is
up to $1,002 for the first violation and up to $4,005 for each
subsequent violation.
(14) A person who knowingly authorizes, consents to, or permits
a violation of 49 U.S.C. 14103 relating to loading and unloading
motor vehicles or who knowingly violates subsection (a) of 49 U.S.C.
14103 is liable for a penalty of not more than $20,017 per
violation.
* * * * *
(16) A person required to make a report to the Secretary, answer
a question, or make, prepare, or preserve a record under part B of
subtitle IV, title 49, U.S.C., or an officer, agent, or employee of
that person, is liable for a minimum penalty of $1,330 and for a
maximum penalty of $10,009 per violation if it does not make the
report, does not completely and truthfully answer the question
within 30 days from the date the Secretary requires the answer, does
not make or preserve the record in the form and manner prescribed,
falsifies, destroys, or changes the report or record, files a false
report or record, makes a false or incomplete entry in the record
about a business-related fact, or prepares or preserves a record in
violation of a regulation or order of the Secretary.
(17) A motor carrier, water carrier, freight forwarder, or
broker, or their officer, receiver, trustee, lessee, employee, or
other person authorized to receive information from them, who
discloses information identified in 49 U.S.C. 14908 without the
permission of the shipper or consignee is liable for a maximum
penalty of $4,005.
(18) A person who violates a provision of part B, subtitle IV,
title 49, U.S.C., or a regulation or order under part B, or who
violates a condition of registration related to transportation that
is subject to jurisdiction under subchapter I or III of chapter 135,
or who violates a condition of registration of a foreign motor
carrier or foreign motor private carrier under section 13902, is
liable for a penalty of $1,002 for each violation if another penalty
is not provided in 49 U.S.C. chapter 149.
* * * * *
(21) * * *
(i) Who knowingly and willfully fails, in violation of a
contract, to deliver to, or unload at, the destination of a shipment
of household goods in interstate commerce for which charges have
been estimated by the motor carrier transporting such goods, and for
which the shipper has tendered a payment in accordance with part
375, subpart G, of this subchapter, is liable for a civil penalty of
not less than $20,017 for each violation. Each day of a continuing
violation constitutes a separate offense.
* * * * *
(22) A broker for transportation of household goods who makes an
estimate of the cost of transporting any such goods before entering
into an agreement with a motor carrier to provide transportation of
household goods subject to FMCSA jurisdiction is liable to the
United States for a civil penalty of not less than $15,445 for each
violation.
(23) A person who provides transportation of household goods
subject to jurisdiction under 49 U.S.C. chapter 135, subchapter I,
or provides broker services for such transportation, without being
registered under 49 U.S.C. chapter 139 to provide such
transportation or services as a motor carrier or broker, as the case
may be, is liable to the United States for a civil penalty of not
less than $38,612 for each violation.
(h) Copying of records and access to equipment, lands, and
buildings. A person subject to 49 U.S.C. chapter 51 or a motor
carrier, broker, freight forwarder, or owner or operator of a
commercial motor vehicle subject to part B of subtitle VI of title
49 U.S.C. who fails to allow promptly, upon demand in person or in
writing, the Federal Motor Carrier Safety Administration, an
employee designated by the Federal Motor Carrier Safety
Administration, or an employee of a MCSAP grant recipient to inspect
and copy any record or inspect and examine equipment, lands,
buildings, and other property, in accordance with 49 U.S.C. 504(c),
5121(c), and 14122(b), is subject to a civil penalty of not more
than $1,544 for each
[[Page 89567]]
offense. Each day of a continuing violation constitutes a separate
offense, except that the total of all civil penalties against any
violator for all offenses related to a single violation shall not
exceed $15,445.
(i) Evasion. A person, or an officer, employee, or agent of that
person:
(1) Who by any means tries to evade regulation of motor carriers
under title 49, United States Code, chapter 5, chapter 51,
subchapter III of chapter 311 (except sections 31138 and 31139) or
section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502, or
a regulation in subtitle B, chapter I, subchapter C of this title,
or this subchapter, issued under any of those provisions, shall be
fined at least $2,661 but not more than $6,650 for the first
violation and at least $3,323 but not more than $9,965 for a
subsequent violation.
(2) Who tries to evade regulation under part B of subtitle IV,
title 49, U.S.C., for carriers or brokers is liable for a penalty of
at least $2,661 for the first violation or at least $6,650 for a
subsequent violation.
PART 578--CIVIL AND CRIMINAL PENALTIES
0
95. The authority citation for part 578 continues to read as follows:
Authority: Pub. L. 92-513, Pub. L. 94-163, Pub. L. 98-547, Pub.
L. 101-410, Pub. L. 102-388, Pub. L. 102-519, Pub. L. 104-134, Pub.
L. 109-59, Pub. L. 110-140, Pub. L. 112-141, Pub. L. 114-74, Pub. L.
114-94 (49 U.S.C. 30165, 30170, 30505, 32308, 32309, 32507, 32709,
32710, 32902, 32912, 33114, and 33115); delegation of authority at
49 CFR 1.81, 1.95.
0
96. Amend Sec. 578.6 by revising paragraphs (a)(1), (a)(2)(i)(B),
(a)(3) and (4), (b) through (g), (h)(1), (h)(2) introductory text,
(h)(3), and (i) to read as follows:
Sec. 578.6 Civil penalties for violations of specified provisions of
Title 49 of the United States Code.
(a) * * *
(1) In general. A person who violates any of sections 30112, 30115,
30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through 30147
of Title 49 of the United States Code or a regulation in this chapter
prescribed under any of those sections is liable to the United States
Government for a civil penalty of not more than $27,168 for each
violation. A separate violation occurs for each motor vehicle or item
of motor vehicle equipment and for each failure or refusal to allow or
perform an act required by any of those sections. The maximum civil
penalty under this paragraph (a)(1) for a related series of violations
is $135,828,178.
(2) * * *
(i) * * *
(B) Violates section 30112(a)(2) of Title 49 United States Code,
shall be subject to a civil penalty of not more than $15,445 for each
violation. A separate violation occurs for each motor vehicle or item
of motor vehicle equipment and for each failure or refusal to allow or
perform an act required by this section. The maximum penalty under this
paragraph (a)(2)(i)(B) for a related series of violations is
$23,167,823.
(3) Section 30166. A person who violates Section 30166 of Title 49
of the United States Code or a regulation in this chapter prescribed
under that section is liable to the United States Government for a
civil penalty for failing or refusing to allow or perform an act
required under that section or regulation. The maximum penalty under
this paragraph (a)(3) is $27,168 per violation per day. The maximum
penalty under this paragraph (a)(3) for a related series of daily
violations is $135,828,178.
(4) False and misleading reports. A person who knowingly and
willfully submits materially false or misleading information to the
Secretary, after certifying the same information as accurate under the
certification process established pursuant to Section 30166(o) of Title
49 of the United States Code, shall be subject to a civil penalty of
not more than $6,650 per day. The maximum penalty under this paragraph
(a)(4) for a related series of daily violations is $1,330,069.
(b) National Automobile Title Information System. An individual or
entity violating 49 U.S.C. Chapter 305 is liable to the United States
Government for a civil penalty of not more than $2,168 for each
violation.
(c) Bumper standards. (1) A person that violates 49 U.S.C. 32506(a)
is liable to the United States Government for a civil penalty of not
more than $3,558 for each violation. A separate violation occurs for
each passenger motor vehicle or item of passenger motor vehicle
equipment involved in a violation of 49 U.S.C. 32506(a)(1) or (4)--
(i) That does not comply with a standard prescribed under 49 U.S.C.
32502; or
(ii) For which a certificate is not provided, or for which a false
or misleading certificate is provided, under 49 U.S.C. 32504.
(2) The maximum civil penalty under this paragraph (c) for a
related series of violations is $3,961,763.
(d) Consumer information--(1) Crash-worthiness and damage
susceptibility. A person who violates 49 U.S.C. 32308(a), regarding
crashworthiness and damage susceptibility, is liable to the United
States Government for a civil penalty of not more than $3,558 for each
violation. Each failure to provide information or comply with a
regulation in violation of 49 U.S.C. 32308(a) is a separate violation.
The maximum penalty under this paragraph (d)(1) for a related series of
violations is $1,940,403.
(2) Consumer tire information. Any person who fails to comply with
the national tire fuel efficiency program under 49 U.S.C. 32304A is
liable to the United States Government for a civil penalty of not more
than $73,628 for each violation.
(e) Country of origin content labeling. A manufacturer of a
passenger motor vehicle distributed in commerce for sale in the United
States that willfully fails to attach the label required under 49
U.S.C. 32304 to a new passenger motor vehicle that the manufacturer
manufactures or imports, or a dealer that fails to maintain that label
as required under 49 U.S.C. 32304, is liable to the United States
Government for a civil penalty of not more than $2,168 for each
violation. Each failure to attach or maintain that label for each
vehicle is a separate violation.
(f) Odometer tampering and disclosure. (1) A person that violates
49 U.S.C. Chapter 327 or a regulation in this chapter prescribed or
order issued thereunder is liable to the United States Government for a
civil penalty of not more than $13,300 for each violation. A separate
violation occurs for each motor vehicle or device involved in the
violation. The maximum civil penalty under this paragraph (f)(1) for a
related series of violations is $1,330,069.
(2) A person that violates 49 U.S.C. Chapter 327 or a regulation in
this chapter prescribed or order issued thereunder, with intent to
defraud, is liable for three times the actual damages or $13,300,
whichever is greater.
(g) Vehicle theft protection. (1) A person that violates 49 U.S.C.
33114(a)(1)-(4) is liable to the United States Government for a civil
penalty of not more than $2,922 for each violation. The failure of more
than one part of a single motor vehicle to conform to an applicable
standard under 49 U.S.C. 33102 or 33103 is only a single violation. The
maximum penalty under this paragraph (g)(1) for a related series of
violations is $730,455.
(2) A person that violates 49 U.S.C. 33114(a)(5) is liable to the
United States Government for a civil penalty of not more than $216,972
a day for each violation.
(h) Automobile fuel economy. (1) A person that violates 49 U.S.C.
32911(a) is liable to the United States Government for a civil penalty
of not more than $51,139 for each violation. A separate violation
occurs for each day the violation continues.
[[Page 89568]]
(2) Except as provided in 49 U.S.C. 32912(c), a manufacturer that
violates a standard prescribed for a model year under 49 U.S.C. 32902
is liable to the United States Government for a civil penalty of $17
(for model years before model year 2019, the civil penalty is $5.50;
for model years 2019 through 2021, the civil penalty is $14; for model
year 2022, the civil penalty is $15; for model year 2023, the civil
penalty is $16), multiplied by each .1 of a mile a gallon by which the
applicable average fuel economy standard under that section exceeds the
average fuel economy--
* * * * *
(3) If a higher amount for each .1 of a mile a gallon to be used in
calculating a civil penalty under paragraph (h)(2) of this section is
prescribed pursuant to the process provided in 49 U.S.C. 32912(c), the
amount prescribed may not be more than $32 for each .1 of a mile a
gallon.
(i) Medium- and heavy-duty vehicle fuel efficiency. The maximum
civil penalty for a violation of the fuel consumption standards of 49
CFR part 535 is not more than $50,360 per vehicle or engine. The
maximum civil penalty for a related series of violations shall be
determined by multiplying $50,360 times the vehicle or engine
production volume for the model year in question within the regulatory
averaging set.
Signed in Washington, DC, on December 15, 2023.
Peter Paul Montgomery Buttigieg,
Secretary of Transportation.
[FR Doc. 2023-28066 Filed 12-27-23; 8:45 am]
BILLING CODE 4910-57-P