Revisions to the Civil Penalty Inflation Adjustment Tables; Correction, 51079-51081 [2016-18514]
Download as PDF
<![CDATA[
Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations
After that date, these substances will be
prohibited in organic processing.
List of Subjects in 7 CFR Part 205
Records, Imports, Labeling,
Organically produced products, Plants,
Reporting and recordkeeping
requirements, Seals and insignia, Soil
conservation.
For the reasons set forth in the
preamble, 7 CFR part 205 is amended as
follows:
PART 205—NATIONAL ORGANIC
PROGRAM
1. The authority citation for 7 CFR
part 205 continues to read as follows:
■
Authority: 7 U.S.C. 6501–6522.
§ 205.605
[Amended]
2. Amend § 205.605 by:
A. In paragraph (a), remove the
substance ‘‘Egg white lysozyme (CAS #
9001–63–2)’’.
■ B. In paragraph (b), remove the
substances ‘‘Cyclohexylamine (CAS #
108–91–8)—for use only as a boiler
water additive for packaging
sterilization’’; ‘‘Diethylaminoethanol
(CAS # 100–37–8)—for use only as a
boiler water additive for packaging
sterilization’’; ‘‘Octadecylamine (CAS #
124–30–1)—for use only as a boiler
water additive for packaging
sterilization’’; and ‘‘Tetrasodium
pyrophosphate (CAS # 7722–88–5)—for
use only in meat analog products’’.
■
■
Dated: July 26, 2016.
Elanor Starmer,
Administrator, Agricultural Marketing
Service.
[FR Doc. 2016–18108 Filed 8–2–16; 8:45 am]
BILLING CODE 3410–02–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 13 and 406
[Docket No. FAA–2016–7004 Amdt. Nos. 13–
38, 406–10]
RIN 2120–AK90
Revisions to the Civil Penalty Inflation
Adjustment Tables; Correction
Federal Aviation
Administration (FAA), DOT.
ACTION: Interim final rule; correction.
rmajette on DSK2TPTVN1PROD with RULES
AGENCY:
The FAA is correcting an
interim final rule titled ‘‘Revisions to
the Civil Penalty Inflation Adjustment
Tables’’ that it published in the Federal
Register on July 5, 2016. That interim
final rule was the catch-up inflation
SUMMARY:
VerDate Sep<11>2014
14:12 Aug 02, 2016
Jkt 238001
adjustment to civil penalty amounts that
may be imposed for violations of
Federal Aviation Administration (FAA)
regulations, as required by the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015. In that
document, there were several errors that
need to be corrected before the rule
becomes effective. This document
addresses those errors.
DATES: This correction is effective on
August 5, 2016.
FOR FURTHER INFORMATION CONTACT: Cole
R. Milliard, Attorney, Office of the Chief
Counsel, Enforcement Division, AGC–
300, Federal Aviation Administration,
800 Independence Avenue SW.,
Washington, DC 20591; telephone (202)
267–3452; email Cole.Milliard@faa.gov.
SUPPLEMENTARY INFORMATION: Prior to
the July 5 final rule’s publication, the
Pipeline and Hazardous Materials Safety
Administration (PHMSA), the
Department of Transportation (DOT)
agency primarily responsible for
developing and enforcing hazardous
materials regulations, published its
catch-up adjustments for civil penalties,
including those for violations of 49
U.S.C. 5123(a)(3). The FAA is amending
its catch-up adjustment for 49 U.S.C.
5123(a)(3) to harmonize it with
PHMSA’s.
Background
On July 5, 2016, the FAA published
an interim final rule titled ‘‘Revisions to
the Civil Penalty Inflation Adjustment
Tables’’ (81 FR 43463). The intent of
that rule is to implement the Federal
Civil Penalties Inflation Adjustment Act
of 1990 (FCPIAA), Public Law (Pub. L.)
101–410, as amended by the Debt
Collection Improvement Act (DCIA) of
1996, Pub. L. 104–134, and the Federal
Civil Penalties Inflation Adjustment Act
Improvements Act of 2015 (2015 Act),
Pub. L. 114–74, codified at 28 U.S.C.
2461 note.
The FCPIAA, DCIA, and the 2015 Act
require Federal agencies to adjust
minimum and maximum civil penalty
amounts for inflation to preserve their
deterrent impact. The 2015 Act
amended the formula and frequency of
inflation adjustments. It required an
initial catch-up adjustment in the form
of an interim final rule, followed by
annual adjustments of penalty amounts.
The amount of the adjustment must be
made using a strict statutory formula
that was discussed in the final rule and
is corrected as indicated below.
As mentioned above, the FAA’s
interim final rule was published on July
5, 2016, and included an inflation
adjustment for civil penalties associated
with hazardous materials training
PO 00000
Frm 00005
Fmt 4700
Sfmt 4700
51079
violations under 49 U.S.C. 5123(a)(3).
On June 29, 2016, prior to the FAA’s
civil penalty inflation adjustment
publication, the Pipeline and Hazardous
Materials Safety Administration
(PHMSA), the DOT agency primarily
responsible for developing and
enforcing hazardous materials
regulations, also published its catch-up
adjustments for civil penalties,
including those for violations of 49
U.S.C. 5123(a)(3). PHMSA, however,
came up with a different adjustment to
the minimum penalty for training than
the FAA. PHMSA read technical
amendments made to section 5123(a)(3)
in 2012 to be adjusting the minimum
penalty back down from a 2009 PHMSA
inflation adjustment. See Moving Ahead
for Progress in the 21st Century Act
(MAP–21), Pub. L. 112–141, 33010, 126
Stat. 405, 837, (2012); 74 FR 68701 (Dec.
29, 2009). It therefore concluded that
2012 was the year the minimum penalty
was established or adjusted. FAA
concluded that 2005 was the correct
year upon which to base adjustments
because Congress established the $450
minimum that year and did not change
it in its 2012 amendments. Compare
Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for
Users (SAFETEA–LU), Pub. L. 109–59,
7120, 119 Stat. 1144, 1905 (2005) with
MAP–21, 126 Stat. at 837. Because
PHMSA is the primary DOT agency in
the area of hazardous materials safety,
and because its calculation is
reasonable, the FAA is correcting its
catch-up adjustment to harmonize it
with PHMSA’s.
The FAA is also making technical
corrections to its interim final rule.
First, it is correcting the effective date
noted in the table included in 14 CFR
13.301(c), to reflect the correct effective
date of August 5, 2016 (not August 1,
2016). Second, the word ‘‘established’’
is replacing the word ‘‘set’’ when used
in reference to the ‘‘catch-up
adjustment’’ formula provided by the
2015 Act to make the text of the interim
final rule consistent with the statutory
text of the 2015 Act. Finally, the FAA
is correcting the reference to ‘‘section
5123’’ in the hazmat adjustment
example for 49 U.S.C. 5123(a)(1),
provided in the background section of
the interim final rule, to specifically
reference section 5123(a)(1).
Correction
In FR Doc. 2016–7004, beginning on
page 43463 in the Federal Register of
July 5, 2016, make the following
corrections:
1. On page 43464, in the second
column, under the heading
‘‘Background’’, in the second paragraph,
E:\FR\FM\03AUR1.SGM
03AUR1
51080
Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations
correct the seventh line by replacing the
word ‘‘set’’ with ‘‘established’’.
2. On page 43464, in the third
column, correct the ninth line from the
top by replacing the word ‘‘set’’ with
‘‘established’’.
3. On page 43464, in the third
column, correct subparagraph (1) by
replacing the word ‘‘set’’ with
‘‘established’’ in both places it is used,
replacing the word ‘‘reset’’ with
‘‘adjusted’’ and replacing the words
‘‘Section 5123’’ with ‘‘Section
5123(a)(1)’’.
4. On page 43464, correct the heading
of the second column of the table by
replacing the word ‘‘set’’ with
‘‘established’’.
5. On page 43464, correct the heading
of the third column of the table by
replacing the word ‘‘set’’ with
‘‘established’’.
6. On page 43464, correct the second
column of the table by replacing ‘‘2005’’
with ‘‘2012’’ in the third line
(referencing 49 U.S.C. Statute
5123(a)(3)).
7. On page 43464, correct the fourth
column of the table by replacing
‘‘1.19397’’ with ‘‘1.02819’’ in the third
line (referencing 49 U.S.C. Statute
5123(a)(3)).
8. On page 43464, correct the fifth
column of the table by replacing ‘‘537’’
with ‘‘463’’ in the third line (referencing
49 U.S.C. Statute 5123(a)(3)).
§ 13.301
[Corrected]
9. On page 43467, correct § 13.301 by
revising paragraph (c) to read as follows:
(c) Minimum and maximum civil
monetary penalties within the
jurisdiction of the FAA are as follows:
■
TABLE OF MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS OCCURRING ON OR
AFTER AUGUST 5, 2016
Maximum penalty
amount when last
established or
adjusted by
Congress
Civil monetary penalty description
Minimum penalty
amount
New or adjusted
minimum
penalty amount
49 U.S.C. 5123(a),
subparagraph (1).
Violation of hazardous materials transportation law.
Deleted 7/6/2012 ..
N/A ...................
49 U.S.C. 5123(a),
subparagraph (2).
Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction.
Violation of hazardous materials transportation law relating to training.
Deleted 7/6/2012 ..
N/A ...................
$450 per violation,
adjusted.
7/6/2012 ................
N/A ........................
$463 .................
N/A ...................
N/A ........................
N/A ...................
$1,100 per violation, adjusted
12/12/2003.
$1,414.
N/A ........................
N/A ...................
$1,100 per violation, adjusted
12/12/2003.
$1,414.
N/A ........................
N/A ...................
No change.
N/A ........................
N/A ...................
Increase above
otherwise applicable maximum
amount not to
exceed 3 times
the amount of
revenues that
are used in violation of such
section.
$10,000 per violation, established
12/12/2003.
N/A ........................
N/A ...................
$10,000 per violation, established
12/12/2003.
$12,856.
N/A ........................
N/A ...................
$10,000 per violation, established
12/12/2003.
$12,856.
United States Code
citation
49 U.S.C. 5123(a),
subparagraph (3).
49 U.S.C.
46301(a)(1).
Violation by a person other than an individual or small business concern
under 49 U.S.C. 46301(a)(1)(A) or
(B).
Violation by an 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).
Violation by an 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)).
Violation of 49 U.S.C. 47107(b) (or
any assurance made under such
section) or 49 U.S.C. 47133.
49 U.S.C.
46301(a)(1).
49 U.S.C.
46301(a)(1).
49 U.S.C.
46301(a)(3).
49 U.S.C.
46301(a)(5)(A).
rmajette on DSK2TPTVN1PROD with RULES
49 U.S.C.
46301(a)(5)(B)(i).
49 U.S.C.
46301(a)(5)(B)(ii).
VerDate Sep<11>2014
Violation by an individual or small
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
business concern related to the
transportation of hazardous materials.
Violation by an 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.
14:12 Aug 02, 2016
Jkt 238001
PO 00000
Frm 00006
Fmt 4700
Sfmt 4700
E:\FR\FM\03AUR1.SGM
New or adjusted
maximum penalty
amount
$75,000 per violation, adjusted 7/
6/2012.
$175,000 per violation, adjusted 7/
6/2012.
$77,114.
$75,000 per violation, adjusted 7/
6/2012.
$25,000 per violation, established
12/12/2003.
$77,114.
03AUR1
$179,933.
$32,140.
$12,856.
Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations
51081
TABLE OF MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS OCCURRING ON OR
AFTER AUGUST 5, 2016—Continued
Maximum penalty
amount when last
established or
adjusted by
Congress
Minimum penalty
amount
New or adjusted
minimum
penalty amount
49 U.S.C.
Violation by an individual or small
46301(a)(5)(B)(iii).
business concern of 49 U.S.C.
44718(d), relating to limitation on
construction or establishment of
landfills.
49 U.S.C.
Violation by an individual or small
46301(a)(5)(B)(iv).
business concern of 49 U.S.C.
44725, relating to the safe disposal
of life-limited aircraft parts.
49 U.S.C. 46301(b) Tampering with a smoke alarm device
N/A ........................
N/A ...................
$10,000 per violation, established
12/12/2003.
$12,856.
N/A ........................
N/A ...................
$10,000 per violation, established
12/12/2003.
$12,856.
N/A ........................
N/A ...................
$4,126.
49 U.S.C. 46302 ....
Knowingly providing false information
about alleged violation involving the
special aircraft jurisdiction of the
United States.
Interference with cabin or flight crew ..
N/A ........................
N/A ...................
$2,000 per violation, established
12/22/1987.
$10,000 per violation, established
10/12/1984.
N/A ........................
N/A ...................
$34,172.
49 U.S.C. 46319 ....
Permanent closure of an airport without providing sufficient notice.
N/A ........................
N/A ...................
49 U.S.C. 47531 ....
Violation of 49 U.S.C. 47528–47530,
relating to the prohibition of operating certain aircraft not complying
with stage 3 noise levels.
N/A ........................
N/A ...................
$25,000, established 4/5/2000.
$10,000 per day,
established 12/
12/2003.
See 49 U.S.C.
46301(a)(1)(A)
and (a)(5),
above.
United States Code
citation
49 U.S.C. 46318 ....
Civil monetary penalty description
Issued under authority provided by 28
U.S.C. 2461 and 49 U.S.C. 106(f), 44701(a),
and 46301 in Washington, DC, on July 26,
2016.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2016–18514 Filed 8–2–16; 8:45 am]
BILLING CODE 4910–13–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 25
[Docket No. FAA–2016–5909; Special
Conditions No. 25–626–SC]
Special Conditions: The Boeing
Company Model 787–9 Series Airplane;
Dynamic Test Requirements for SingleOccupant Oblique (Side-Facing) Seats
With Inflatable and 3-Point Restraint
Systems
Federal Aviation
Administration (FAA), DOT.
ACTION: Final special conditions; request
for comments.
rmajette on DSK2TPTVN1PROD with RULES
AGENCY:
These special conditions are
issued for The Boeing Company
(Boeing) Model 787–9 series airplane.
This airplane, as modified by Boeing,
will have novel or unusual design
features when compared to the state of
SUMMARY:
VerDate Sep<11>2014
14:12 Aug 02, 2016
Jkt 238001
technology envisioned in the
airworthiness standards for transportcategory airplanes. These design
features are single-occupant oblique
(side-facing) seats with inflatable and 3point restraint systems requiring
dynamic testing. The applicable
airworthiness regulations do not contain
adequate or appropriate safety standards
for these design features. These special
conditions contain the additional safety
standards that the Administrator
considers necessary to establish a level
of safety equivalent to that established
by the existing airworthiness standards.
DATES: This action is effective on Boeing
on August 3, 2016. We must receive
your comments by September 19, 2016.
ADDRESSES: Send comments identified
by docket number FAA–2016–5909
using any of the following methods:
• Federal eRegulations Portal: Go to
https://www.regulations.gov/and follow
the online instructions for sending your
comments electronically.
• Mail: Send comments to Docket
Operations, M–30, U.S. Department of
Transportation (DOT), 1200 New Jersey
Avenue SE., Room W12–140, West
Building Ground Floor, Washington, DC
20590–0001.
• Hand Delivery or Courier: Take
comments to Docket Operations in
Room W12–140 of the West Building
Ground Floor at 1200 New Jersey
PO 00000
Frm 00007
Fmt 4700
Sfmt 4700
New or adjusted
maximum penalty
amount
$22,587.
$12,856.
No change.
Avenue SE., Washington, DC, between 9
a.m. and 5 p.m., Monday through
Friday, except Federal holidays.
• Fax: Fax comments to Docket
Operations at 202–493–2251.
Privacy: The FAA will post all
comments it receives, without change,
to https://www.regulations.gov/,
including any personal information the
commenter provides. Using the search
function of the docket Web site, anyone
can find and read the electronic form of
all comments received into any FAA
docket, including the name of the
individual sending the comment (or
signing the comment for an association,
business, labor union, etc.). DOT’s
complete Privacy Act Statement can be
found in the Federal Register published
on April 11, 2000 (65 FR 19477–19478),
as well as at https://DocketsInfo.dot.
gov/.
Docket: Background documents or
comments received may be read at
https://www.regulations.gov/ at any time.
Follow the online instructions for
accessing the docket or go to Docket
Operations in Room W12–140 of the
West Building Ground Floor at 1200
New Jersey Avenue SE., Washington,
DC, between 9 a.m. and 5 p.m., Monday
through Friday, except Federal holidays.
FOR FURTHER INFORMATION CONTACT: Jeff
Gardlin, FAA, Airframe and Cabin
Safety branch, ANM–115, Transport
E:\FR\FM\03AUR1.SGM
03AUR1
]]>Agencies
[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Rules and Regulations]
[Pages 51079-51081]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2016-18514]
=======================================================================
-----------------------------------------------------------------------
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 13 and 406
[Docket No. FAA-2016-7004 Amdt. Nos. 13-38, 406-10]
RIN 2120-AK90
Revisions to the Civil Penalty Inflation Adjustment Tables;
Correction
AGENCY: Federal Aviation Administration (FAA), DOT.
ACTION: Interim final rule; correction.
-----------------------------------------------------------------------
SUMMARY: The FAA is correcting an interim final rule titled ``Revisions
to the Civil Penalty Inflation Adjustment Tables'' that it published in
the Federal Register on July 5, 2016. That interim final rule was the
catch-up inflation adjustment to civil penalty amounts that may be
imposed for violations of Federal Aviation Administration (FAA)
regulations, as required by the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015. In that document, there were
several errors that need to be corrected before the rule becomes
effective. This document addresses those errors.
DATES: This correction is effective on August 5, 2016.
FOR FURTHER INFORMATION CONTACT: Cole R. Milliard, Attorney, Office of
the Chief Counsel, Enforcement Division, AGC-300, Federal Aviation
Administration, 800 Independence Avenue SW., Washington, DC 20591;
telephone (202) 267-3452; email Cole.Milliard@faa.gov.
SUPPLEMENTARY INFORMATION: Prior to the July 5 final rule's
publication, the Pipeline and Hazardous Materials Safety Administration
(PHMSA), the Department of Transportation (DOT) agency primarily
responsible for developing and enforcing hazardous materials
regulations, published its catch-up adjustments for civil penalties,
including those for violations of 49 U.S.C. 5123(a)(3). The FAA is
amending its catch-up adjustment for 49 U.S.C. 5123(a)(3) to harmonize
it with PHMSA's.
Background
On July 5, 2016, the FAA published an interim final rule titled
``Revisions to the Civil Penalty Inflation Adjustment Tables'' (81 FR
43463). The intent of that rule is to implement the Federal Civil
Penalties Inflation Adjustment Act of 1990 (FCPIAA), Public Law (Pub.
L.) 101-410, as amended by the Debt Collection Improvement Act (DCIA)
of 1996, Pub. L. 104-134, and the Federal Civil Penalties Inflation
Adjustment Act Improvements Act of 2015 (2015 Act), Pub. L. 114-74,
codified at 28 U.S.C. 2461 note.
The FCPIAA, DCIA, and the 2015 Act require Federal agencies to
adjust minimum and maximum civil penalty amounts for inflation to
preserve their deterrent impact. The 2015 Act amended the formula and
frequency of inflation adjustments. It required an initial catch-up
adjustment in the form of an interim final rule, followed by annual
adjustments of penalty amounts. The amount of the adjustment must be
made using a strict statutory formula that was discussed in the final
rule and is corrected as indicated below.
As mentioned above, the FAA's interim final rule was published on
July 5, 2016, and included an inflation adjustment for civil penalties
associated with hazardous materials training violations under 49 U.S.C.
5123(a)(3). On June 29, 2016, prior to the FAA's civil penalty
inflation adjustment publication, the Pipeline and Hazardous Materials
Safety Administration (PHMSA), the DOT agency primarily responsible for
developing and enforcing hazardous materials regulations, also
published its catch-up adjustments for civil penalties, including those
for violations of 49 U.S.C. 5123(a)(3). PHMSA, however, came up with a
different adjustment to the minimum penalty for training than the FAA.
PHMSA read technical amendments made to section 5123(a)(3) in 2012 to
be adjusting the minimum penalty back down from a 2009 PHMSA inflation
adjustment. See Moving Ahead for Progress in the 21st Century Act (MAP-
21), Pub. L. 112-141, 33010, 126 Stat. 405, 837, (2012); 74 FR 68701
(Dec. 29, 2009). It therefore concluded that 2012 was the year the
minimum penalty was established or adjusted. FAA concluded that 2005
was the correct year upon which to base adjustments because Congress
established the $450 minimum that year and did not change it in its
2012 amendments. Compare Safe, Accountable, Flexible, Efficient
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L.
109-59, 7120, 119 Stat. 1144, 1905 (2005) with MAP-21, 126 Stat. at
837. Because PHMSA is the primary DOT agency in the area of hazardous
materials safety, and because its calculation is reasonable, the FAA is
correcting its catch-up adjustment to harmonize it with PHMSA's.
The FAA is also making technical corrections to its interim final
rule. First, it is correcting the effective date noted in the table
included in 14 CFR 13.301(c), to reflect the correct effective date of
August 5, 2016 (not August 1, 2016). Second, the word ``established''
is replacing the word ``set'' when used in reference to the ``catch-up
adjustment'' formula provided by the 2015 Act to make the text of the
interim final rule consistent with the statutory text of the 2015 Act.
Finally, the FAA is correcting the reference to ``section 5123'' in the
hazmat adjustment example for 49 U.S.C. 5123(a)(1), provided in the
background section of the interim final rule, to specifically reference
section 5123(a)(1).
Correction
In FR Doc. 2016-7004, beginning on page 43463 in the Federal
Register of July 5, 2016, make the following corrections:
1. On page 43464, in the second column, under the heading
``Background'', in the second paragraph,
[[Page 51080]]
correct the seventh line by replacing the word ``set'' with
``established''.
2. On page 43464, in the third column, correct the ninth line from
the top by replacing the word ``set'' with ``established''.
3. On page 43464, in the third column, correct subparagraph (1) by
replacing the word ``set'' with ``established'' in both places it is
used, replacing the word ``reset'' with ``adjusted'' and replacing the
words ``Section 5123'' with ``Section 5123(a)(1)''.
4. On page 43464, correct the heading of the second column of the
table by replacing the word ``set'' with ``established''.
5. On page 43464, correct the heading of the third column of the
table by replacing the word ``set'' with ``established''.
6. On page 43464, correct the second column of the table by
replacing ``2005'' with ``2012'' in the third line (referencing 49
U.S.C. Statute 5123(a)(3)).
7. On page 43464, correct the fourth column of the table by
replacing ``1.19397'' with ``1.02819'' in the third line (referencing
49 U.S.C. Statute 5123(a)(3)).
8. On page 43464, correct the fifth column of the table by
replacing ``537'' with ``463'' in the third line (referencing 49 U.S.C.
Statute 5123(a)(3)).
Sec. 13.301 [Corrected]
0
9. On page 43467, correct Sec. 13.301 by revising paragraph (c) to
read as follows:
(c) Minimum and maximum civil monetary penalties within the
jurisdiction of the FAA are as follows:
Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring on or After August 5, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
Maximum penalty
Civil monetary penalty Minimum penalty New or adjusted minimum amount when last New or adjusted
United States Code citation description amount penalty amount established or maximum penalty
adjusted by Congress amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a), subparagraph Violation of hazardous Deleted 7/6/2012.... N/A...................... $75,000 per $77,114.
(1). materials transportation violation, adjusted
law. 7/6/2012.
49 U.S.C. 5123(a), subparagraph Violation of hazardous Deleted 7/6/2012.... N/A...................... $175,000 per $179,933.
(2). materials transportation violation, adjusted
law resulting in death, 7/6/2012.
serious illness, severe
injury, or substantial
property destruction.
49 U.S.C. 5123(a), subparagraph Violation of hazardous $450 per violation, $463..................... $75,000 per $77,114.
(3). materials transportation adjusted. violation, adjusted
law relating to training. 7/6/2012............ 7/6/2012.
49 U.S.C. 46301(a)(1)............ Violation by a person N/A................. N/A...................... $25,000 per $32,140.
other than an individual violation,
or small business established 12/12/
concern under 49 U.S.C. 2003.
46301(a)(1)(A) or (B).
49 U.S.C. 46301(a)(1)............ Violation by an airman N/A................. N/A...................... $1,100 per $1,414.
serving as an airman violation, adjusted
under 49 U.S.C. 12/12/2003.
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...................... $1,100 per $1,414.
individual or small violation, adjusted
business concern under 12/12/2003.
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 U.S.C. N/A................. N/A...................... Increase above No change.
47107(b) (or any otherwise
assurance made under applicable maximum
such section) or 49 amount not to
U.S.C. 47133. exceed 3 times the
amount of revenues
that are used in
violation of such
section.
49 U.S.C. 46301(a)(5)(A)......... Violation by an N/A................. N/A...................... $10,000 per $12,856.
individual or small violation,
business concern (except established 12/12/
an airman serving as an 2003.
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...................... $10,000 per $12,856.
individual or small violation,
business concern related established 12/12/
to the transportation of 2003.
hazardous materials.
49 U.S.C. 46301(a)(5)(B)(ii)..... Violation by an N/A................. N/A...................... $10,000 per $12,856.
individual or small violation,
business concern related established 12/12/
to the registration or 2003.
recordation under 49
U.S.C. chapter 441, of
an aircraft not used to
provide air
transportation.
[[Page 51081]]
49 U.S.C. 46301(a)(5)(B)(iii).... Violation by an N/A................. N/A...................... $10,000 per $12,856.
individual or small violation,
business concern of 49 established 12/12/
U.S.C. 44718(d), 2003.
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...................... $10,000 per $12,856.
individual or small violation,
business concern of 49 established 12/12/
U.S.C. 44725, relating 2003.
to the safe disposal of
life-limited aircraft
parts.
49 U.S.C. 46301(b)............... Tampering with a smoke N/A................. N/A...................... $2,000 per $4,126.
alarm device. violation,
established 12/22/
1987.
49 U.S.C. 46302.................. Knowingly providing false N/A................. N/A...................... $10,000 per $22,587.
information about violation,
alleged violation established 10/12/
involving the special 1984.
aircraft jurisdiction of
the United States.
49 U.S.C. 46318.................. Interference with cabin N/A................. N/A...................... $25,000, established $34,172.
or flight crew. 4/5/2000.
49 U.S.C. 46319.................. Permanent closure of an N/A................. N/A...................... $10,000 per day, $12,856.
airport without established 12/12/
providing sufficient 2003.
notice.
49 U.S.C. 47531.................. Violation of 49 U.S.C. N/A................. N/A...................... See 49 U.S.C. No change.
47528-47530, relating to 46301(a)(1)(A) and
the prohibition of (a)(5), above.
operating certain
aircraft not complying
with stage 3 noise
levels.
--------------------------------------------------------------------------------------------------------------------------------------------------------
Issued under authority provided by 28 U.S.C. 2461 and 49 U.S.C.
106(f), 44701(a), and 46301 in Washington, DC, on July 26, 2016.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2016-18514 Filed 8-2-16; 8:45 am]
BILLING CODE 4910-13-P
