Revisions to Civil Penalty Amounts, 60732-60754 [2018-24930]

Agencies

• Federal Aviation Administration
• Federal Motor Carrier Safety Administration
• Federal Railroad Administration
• Maritime Administration
• National Highway Traffic Safety Administration
• Pipeline and Hazardous Materials Safety Administration
• Saint Lawrence Seaway Development Corporation
• DEPARTMENT OF TRANSPORTATION
• Office of the Secretary

[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)]
[Rules and Regulations]
[Pages 60732-60754]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2018-24930]


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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 13

Office of the Secretary

14 CFR Part 383

Federal Aviation Administration

14 CFR Part 406

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

[[Page 60733]]

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, 232, 233, 234, 235, 236, 
237, 238, 239, 240, 241, 242, 243, 244, 270, and 272

Federal Motor Carrier Safety Administration

49 CFR Part 386

National Highway Traffic Safety Administration

49 CFR Part 578

RIN 2105-AE70


Revisions to Civil Penalty Amounts

AGENCY: Department of Transportation (DOT or the Department).

ACTION: Final rule.

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SUMMARY: In accordance with the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015, this final rule provides the 
2018 inflation adjustment to civil penalty amounts that may be imposed 
for violations of certain DOT regulations. This rule also finalizes the 
National Highway Traffic Safety Administration's and the Office of the 
Secretary's catch-up inflation adjustment interim final rules required 
by the same Act.

DATES: Effective November 27, 2018.

FOR FURTHER INFORMATION CONTACT: Alex Zektser, Attorney-Advisor, Office 
of the General Counsel, U.S. Department of Transportation, 1200 New 
Jersey Ave. SE, Washington, DC 20590, 202-366-9301, 
[email protected] (email).

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 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 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 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 for inflation.
    The 2015 Act directed the Office of Management and Budget (OMB) to 
issue guidance on implementing the required annual inflation adjustment 
no later than December 15 of each year.\1\ On December 15, 2017, OMB 
released this required guidance, in OMB Memorandum M-18-03, which 
provides instructions on how to calculate the 2018 annual adjustment. 
To derive the 2018 adjustment, the Department must multiply the maximum 
or minimum penalty amount by the percent change between the October 
2017 Consumer Price Index for All Urban Consumers (CPI-U) and the 
October 2016 CPI-U. In this case, as explained in OMB Memorandum M-18-
03, the percent change between the October 2017 CPI-U (246.663) and the 
October 2016 CPI-U (241.729) is 1.02041.
---------------------------------------------------------------------------

    \1\ 28 U.S.C. 2461 note.
---------------------------------------------------------------------------

II. Dispensing With Notice and Comment

    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. NHTSA and OST are finalizing their 
``catch-up'' adjustment interim final rules in this annual adjustment. 
Pursuant to the 2015 Act and notwithstanding 5 U.S.C. 553, NHTSA and 
OST adopt their interim final rules as final and superseded by this 
rule. Accordingly, DOT is publishing this final rule without prior 
notice and comment, and with an immediate effective date.
    Additionally, the Act clearly prescribes the frequency with which 
civil monetary penalties must be reviewed and adjusted. NHTSA's 
regulations at 49 CFR 578.5 stating that the Administrator will review 
and, if necessary, adjust its civil penalties every four years is 
superseded by the Act. NHTSA has no discretion to review and adjust its 
civil penalties at different intervals, and is therefore conforming its 
regulations to the requirements of the Act, as discussed in section IV 
below. Accordingly, and pursuant to 5 U.S.C. 553(b)(3)(B), 553(d)(3), 
DOT finds that good cause exists for immediate implementation of this 
provision of the 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. OST and NHTSA have not yet finalized their IFRs, and 
accordingly, this rule both finalizes OST and NHTSA's ``catch up'' IFRs 
and makes the annual inflation adjustment required by the 2015 Act. All 
other DOT operating administrations have already finalized their 
``catch up'' IFRs and for those operating administrations, this rule 
makes the annual inflation 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. OST ``Catch-Up'' IFR and 2017 and 2018 Adjustments

    OST's ``catch-up'' IFR is finalized in this rule, and superseded by 
the annual inflation adjustment discussed in the next section. 
Additionally, OST is updating its civil monetary penalties to reflect 
inflation for both 2017 and 2018 in this rule. OST did not timely 
complete the 2017 annual adjustment for civil penalties contained in 49 
U.S.C.

[[Page 60734]]

46301. However, consistent with the intent of the law and to ensure 
uniform year-over-year application of the 2015 Act, the 2018 update is 
being calculated as if the 2017 update had occurred. No violations will 
be assessed at the 2017 inflation adjustment amount. It is included in 
the chart below to clearly show the Department's calculations.
    OST's 2018 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                              Unpromulgated
                                                                             2017 adjustment   New penalty (2017
           Description                   Citation         Existing penalty  (existing penalty     adjustment x
                                                                                x 1.01636)          1.02041)
----------------------------------------------------------------------------------------------------------------
General civil penalty for          49 U.S.C.                       $32,140            $32,666            $33,333
 violations of certain aviation     46301(a)(1).
 economic regulations and
 statutes.
General civil penalty for          49 U.S.C.                         1,414              1,437              1,466
 violations of certain aviation     46301(a)(1).
 economic regulations and
 statutes involving an individual
 or small business concern.
Civil penalties for individuals    49 U.S.C.                        12,856             13,066             13,333
 or small businesses for            46301(a)(5)(A).
 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    49 U.S.C.                         6,428              6,533              6,666
 or small businesses for            46301(a)(5)(C).
 violations of 49 U.S.C. 41719
 and rules and orders issued
 pursuant to that provision.
Civil penalties for individuals    49 U.S.C.                         3,214              3,267              3,334
 or small businesses for            46301(a)(5)(D).
 violations of 49 U.S.C. 41712 or
 consumer protection rules and
 orders issued pursuant to that
 provision.
----------------------------------------------------------------------------------------------------------------

B. FAA 2018 Annual Adjustment

    In 2016, Congress enacted 49 U.S.C. 46320. It imposes a civil 
penalty of not more than $20,000 for operating an unmanned aircraft 
where the operator knowingly or recklessly interferes with a wildfire 
suppression, law enforcement, or emergency response effort. The FAA did 
not adjust this maximum civil penalty for inflation in 2017 because, 
per OMB guidance, new civil monetary penalties are not adjusted for 
inflation the first year they are in effect.\2\ Therefore, the FAA is 
applying the 2018 adjustment directly to the statutory maximum of 
$20,000. The 2018 adjustment is therefore $20,408.
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    \2\ OMB Memorandum M-16-06.
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    The FAA's 2018 adjustments are summarized in the following chart:

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                             Citation             Existing penalty  (existing penalty
                                                                                                   x 1.02041)
----------------------------------------------------------------------------------------------------------------
Violation of hazardous materials             49 U.S.C. 5123(a)(1).........            $78,376            $79,976
 transportation law.
Violation of hazardous materials             49 U.S.C. 5123(a)(2).........            182,877            186,610
 transportation law resulting in death,
 serious illness, severe injury, or
 substantial property destruction.
Minimum penalty for violation of hazardous   49 U.S.C. 5123(a)(3).........                471                481
 materials transportation law relating to
 training.
Maximum penalty for violation of hazardous   49 U.S.C. 5123(a)(3).........             78,376             79,976
 materials transportation law relating to
 training.
Violation by a person other than an          49 U.S.C. 46301(a)(1)........             32,666             33,333
 individual or small business concern under
 49 U.S.C. 46301(a)(1)(A) or (B).
Violation by an airman serving as an airman  49 U.S.C. 46301(a)(1)........              1,437              1,466
 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)........              1,437              1,466
 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).....             13,066             13,333
 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)..             13,066             13,333
 business concern related to the
 transportation of hazardous materials.
Violation by an individual or small          49 U.S.C. 46301(a)(5)(B)(ii).             13,066             13,333
 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)             13,066             13,333
 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).             13,066             13,333
 business concern of 49 U.S.C. 44725,
 relating to the safe disposal of life-
 limited aircraft parts.
Tampering with a smoke alarm device........  49 U.S.C. 46301(b)...........              4,194              4,280

[[Page 60735]]

 
Knowingly providing false information about  49 U.S.C. 46302..............             22,957             23,426
 alleged violation involving the special
 aircraft jurisdiction of the United States.
Interference with cabin or flight crew.....  49 U.S.C. 46318..............             34,731             35,440
Permanent closure of an airport without      49 U.S.C. 46319..............             13,066             13,333
 providing sufficient notice.
Operating an unmanned aircraft and in so     49 U.S.C. 46320..............             20,000             20,408
 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)...........            229,562            234,247
 regulation issued under these statutes, or
 any term or condition of a license or
 permit issued or transferred under these
 statutes.
----------------------------------------------------------------------------------------------------------------

    In addition to the civil penalties listed in the above chart, FAA 
regulations also provide for maximum civil penalties for violation of 
49 U.S.C. 47528-47530, relating to the prohibition of operating certain 
aircraft not complying with stage 3 noise levels. Those civil penalties 
are identical to the civil penalties imposed under 49 U.S.C. 
46301(a)(1) and (a)(5), which are detailed in the above chart, and 
therefore, the noise-level civil penalties will be adjusted in the same 
manner as the section 46301(a)(1) and (a)(5) civil penalties.

C. NHTSA ``Catch-Up'' IFR and 2017 and 2018 Adjustments

    NHTSA's ``catch-up'' IFR is finalized in this rule, and superseded 
by the annual inflation adjustment discussed in the next section. 
Additionally, NHTSA is updating its civil monetary penalties to reflect 
inflation for both 2017 and 2018 in this rule. NHTSA did not timely 
complete the 2017 annual adjustment for its civil penalty authority. 
However, consistent with the intent of the law and to ensure uniform 
year-over-year application of the 2015 Act, the 2018 update is being 
calculated as if the 2017 update had occurred. No violations will be 
assessed at the 2017 inflation adjustment amount. It is included in the 
chart below to clearly show the Department's calculations. NHTSA's 2018 
civil penalty adjustments are summarized in the chart below.\3\
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    \3\ On December 28, 2016, NHTSA published a final rule regarding 
some aspects of its IFR provisions regarding Corporate Average Fuel 
Economy (CAFE) penalties. 81 FR 95489 (Dec. 28, 2016). On July 12, 
2017, NHTSA announced that it was reconsidering that final rule. 82 
FR 32140 (July 12, 2017). Accordingly, the CAFE civil penalty 
provisions at 49 U.S.C. 32912(b)-(c) and 49 CFR 578.6(h)(2), which 
are the subject of the reconsideration, are not being adjusted in 
the final rule promulgated herein. Instead, they will be addressed 
in a separate final rule for which an NPRM has been issued. 83 FR 
13904 (Apr. 2, 2018). The provision in 49 CFR 578.6(h)(1), 
establishing the maximum civil penalty for each violation of 49 
U.S.C. 32911(a), will also be addressed in that separate notice.

----------------------------------------------------------------------------------------------------------------
                                                                       Unpromulgated 2017     New penalty (2017
         Description               Citation       Existing penalty    adjustment (existing      adjustment x
                                                                       penalty x 1.01636)         1.02041)
----------------------------------------------------------------------------------------------------------------
Maximum penalty amount for     49 U.S.C.        $21,000.............  $21,344.............  $21,780.
 each violation of the Safety   30165(a)(1),
 Act.                           30165(a)(3).
Maximum penalty amount for a   49 U.S.C.        105,000,000.........  106,717,800.........  108,895,910.
 related series of violations   30165(a)(1),
 of the Safety Act.             30165(a)(3).
Maximum penalty per school     49 U.S.C.        11,940..............  12,135..............  12,383.
 bus related violation of the   30165(a)(2)(A).
 Safety Act.
Maximum penalty amount for a   49 U.S.C.        17,909,550..........  18,202,550..........  18,574,064.
 series of school bus related   30165(a)(2)(B).
 violations of the Safety Act.
Maximum penalty per violation  49 U.S.C.        5,141...............  5,225...............  5,332.
 for filing false or            30165(a)(4).
 misleading reports.
Maximum penalty amount for a   49 U.S.C.        1,028,190...........  1,045,011...........  1,066,340.
 series of violations related   30165(a)(4).
 to filing false or
 misleading reports.
Maximum penalty amount for     49 U.S.C. 30505  1,677...............  1,704...............  1,739.
 each violation of the
 reporting requirements
 related to maintaining the
 National Motor Vehicle Title
 Information System.
Maximum penalty amount for     49 U.S.C.        2,750...............  2,795...............  2,852.
 each violation of a bumper     32507(a).
 standard under the Motor
 Vehicle Information and Cost
 Savings Act (Pub. L. 92-513,
 86 Stat. 953, (1972)).
Maximum penalty amount for a   49 U.S.C.        3,062,500...........  3,112,603...........  3,176,131.
 series of violations of a      32507(a).
 bumper standard under the
 Motor Vehicle Information
 and Cost Savings Act (Pub.
 L. 92-513, 86 Stat. 953,
 (1972)).
Maximum penalty amount for     49 U.S.C.        2,750...............  2,795...............  2,852.
 each violation of 49 U.S.C.    32308(b).
 32308(a) related to
 providing information on
 crashworthiness and damage
 susceptibility.
Maximum penalty amount for a   49 U.S.C.        1,500,000...........  1,524,540...........  1,555,656.
 series of violations of 49     32308(b).
 U.S.C. 32308(a) related to
 providing information on
 crashworthiness and damage
 susceptibility.

[[Page 60736]]

 
Maximum penalty for each       49 U.S.C.        56,917..............  57,848..............  59,029.
 violation related to the       32308(c).
 tire fuel efficiency
 information program.
Maximum civil penalty for      49 U.S.C. 32309  1,677...............  1,704...............  1,739.
 willfully failing to affix,
 or failing to maintain, the
 label requirement in the
 American Automobile Labeling
 Act (Pub. L. 102-388, 106
 Stat. 1556 (1992)).
Maximum penalty amount per     49 U.S.C. 32709  10,281..............  10,450..............  10,663.
 violation related to
 odometer tampering and
 disclosure.
Maximum penalty amount for a   49 U.S.C. 32709  1,028,190...........  1,045,011...........  1,066,340.
 related series of violations
 related to odometer
 tampering and disclosure.
Maximum penalty amount per     49 U.S.C. 32710  10,281..............  10,450..............  Three times actual
 violation related to                                                                        damages or $10,663,
 odometer tampering and                                                                      whichever is
 disclosure with intent to                                                                   greater.
 defraud.
Maximum penalty amount for     49 U.S.C.        2,259...............  2,296...............  2,343.
 each violation of the Motor    33115(a).
 Vehicle Theft Law
 Enforcement Act of 1984
 (Vehicle Theft Act), sec.
 608, Public Law 98-547, 98
 Stat. 2762 (1984).
Maximum penalty amount for a   49 U.S.C.        564,668.............  573,906.............  585,619.
 related series of violations   33115(a).
 of the Motor Vehicle Theft
 Law Enforcement Act of 1984
 (Vehicle Theft Act), sec.
 608, Public Law 98-547, 98
 Stat. 2762 (1984).
Maximum civil penalty for      49 U.S.C.        167,728 per day.....  170,472 per day.....  173,951 per day.
 violations of the Anti-Car     33115(b).
 Theft Act (Pub. L. 102-519,
 106 Stat. 3393 (1992))
 related to operation of a
 chop shop.
Maximum civil penalty for a    49 U.S.C. 32902  39,391..............  40,035..............  40,852.
 violation under the medium-
 and heavy-duty vehicle fuel
 efficiency program.
----------------------------------------------------------------------------------------------------------------

D. FMCSA 2018 Annual Adjustment

    FMCSA's civil penalties affected by this rule are all located in 
Appendices A and B to 49 CFR part 386. The 2018 adjustments to these 
civil penalties are summarized in the chart below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                             Citation             Existing penalty  (existing penalty
                                                                                                   x 1.02041)
----------------------------------------------------------------------------------------------------------------
Appendix A II Subpoena.....................  49 U.S.C. 525................             $1,045             $1,066
Appendix A II Subpoena.....................  49 U.S.C. 525................             10,450             10,663
Appendix A IV (a) Out-of-service order       49 U.S.C. 521(b)(7)..........              1,811              1,848
 (operation of CMV by driver).
Appendix A IV (b) Out-of-service order       49 U.S.C. 521(b)(7)).........             18,107             18,477
 (requiring or permitting operation of CMV
 by driver).
Appendix A IV (c) Out-of-service order       49 U.S.C. 521(b)(7)..........              1,811              1,848
 (operation by driver of CMV or intermodal
 equipment that was placed out of service).
Appendix A IV (d) Out-of-service order       49 U.S.C. 521(b)(7)..........             18,107             18,477
 (requiring or permitting operation of CMV
 or intermodal equipment that was placed
 out of service).
Appendix A IV (e) Out-of-service order       49 U.S.C. 521(b)(2)(B).......                906                924
 (failure to return written certification
 of correction).
Appendix A IV (g) Out-of-service order       49 U.S.C. 521(b)(2)(F).......             26,126             26,659
 (failure to cease operations as ordered).
Appendix A IV (h) Out-of-service order       49 U.S.C. 521(b)(7)..........             22,957             23,426
 (operating in violation of order).
Appendix A IV (i) Out-of-service order       49 U.S.C. 521(b)(2)(A) and                14,739             15,040
 (conducting operations during suspension     (b)(7)).
 or revocation for failure to pay
 penalties).
Appendix A IV (j) (conducting operations     49 U.S.C. 521(b)(7)..........             22,957             23,426
 during suspension or revocation).
Appendix B (a)(1) Recordkeeping--maximum     49 U.S.C. 521(b)(2)(B)(i)....              1,214              1,239
 penalty per day.
Appendix B (a)(1) Recordkeeping--maximum     49 U.S.C. 521(b)(2)(B)(i)....             12,135             12,383
 total penalty.
Appendix B (a)(2) Knowing falsification of   49 U.S.C. 521(b)(2)(B)(ii)...             12,135             12,383
 records.
Appendix B (a)(3) Non-recordkeeping          49 U.S.C. 521(b)(2)(A).......             14,739             15,040
 violations.
Appendix B (a)(4) Non-recordkeeping          49 U.S.C. 521(b)(2)(A).......              3,685              3,760
 violations by drivers.
Appendix B (a)(5) Violation of 49 CFR 392.5  49 U.S.C. 31310(i)(2)(A).....              3,034              3,096
 (first conviction).
Appendix B (a)(5) Violation of 49 CFR 392.5  49 U.S.C. 31310(i)(2)(A).....              6,068              6,192
 (second or subsequent conviction).
Appendix B (b) Commercial driver's license   49 U.S.C. 521(b)(2)(C).......              5,479              5,591
 (CDL) violations.
Appendix B (b)(1): Special penalties         49 U.S.C. 31310(i)(2)(A).....              3,034              3,096
 pertaining to violation of out-of-service
 orders (first conviction).

[[Page 60737]]

 
Appendix B (b)(1) Special penalties          49 U.S.C. 31310(i)(2)(A).....              6,068              6,192
 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).......              5,479              5,591
 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).....             30,337             30,956
 pertaining to knowingly allowing,
 authorizing employee violations of out-of-
 service order (maximum penalty).
Appendix B (b)(3) Special penalties          49 U.S.C. 31310(j)(2)(B).....             15,727             16,048
 pertaining to railroad-highway grade
 crossing violations.
Appendix B (d) Financial responsibility      49 U.S.C. 31138(d)(1),                    16,169             16,499
 violations.                                  31139(g)(1).
Appendix B (e)(1) Violations of Hazardous    49 U.S.C. 5123(a)(1).........             78,376             79,976
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (transportation or
 shipment of hazardous materials).
Appendix B (e)(2) Violations of Hazardous    49 U.S.C. 5123(a)(3).........                471                481
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (training)--minimum
 penalty.
Appendix B (e)(2): Violations of Hazardous   49 U.S.C. 5123(a)(1).........             78,376             79,976
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (training)--maximum
 penalty.
Appendix B (e)(3) Violations of Hazardous    49 U.S.C. 5123(a)(1).........             78,376             79,976
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (packaging or
 container).
Appendix B (e)(4): Violations of Hazardous   49 U.S.C. 5123(a)(1).........             78,376             79,976
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (compliance with
 FMCSRs).
Appendix B (e)(5) Violations of Hazardous    49 U.S.C. 5123(a)(2).........            182,877            186,610
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (death, serious
 illness, severe injury to persons;
 destruction of property).
Appendix B (f)(1) Operating after being      49 U.S.C. 521(b)(2)(F).......             26,126             26,659
 declared unfit by assignment of a final
 ``unsatisfactory'' safety rating
 (generally).
Appendix B (f)(2) Operating after being      49 U.S.C. 5123(a)(1).........             78,376             79,976
 declared unfit by assignment of a final
 ``unsatisfactory'' safety rating
 (hazardous materials)--maximum penalty.
Appendix B (f)(2): Operating after being     49 U.S.C. 5123(a)(2).........            182,877            186,610
 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)...........             10,450             10,663
 commercial regulations (CR) (property
 carriers).
Appendix B (g)(2) Violations of the CRs      49 U.S.C. 14916(c)...........             10,450             10,663
 (brokers).
Appendix B (g)(3) Violations of the CRs      49 U.S.C. 14901(a)...........             26,126             26,659
 (passenger carriers).
Appendix B (g)(4) Violations of the CRs      49 U.S.C. 14901(a)...........             10,450             10,663
 (foreign motor carriers, foreign motor
 private carriers).
Appendix B (g)(5) Violations of the CRs      49 U.S.C. 14901 note.........             14,371             14,664
 (foreign motor carriers, foreign motor
 private carriers before implementation of
 North American Free Trade Agreement land
 transportation provisions)--maximum
 penalty for intentional violation.
Appendix B (g)(5) Violations of the CRs      49 U.S.C. 14901 note.........             35,929             36,662
 (foreign motor carriers, foreign motor
 private carriers before implementation of
 North American Free Trade Agreement land
 transportation provisions)--maximum
 penalty for a pattern of intentional
 violations.
Appendix B (g)(6) Violations of the CRs      49 U.S.C. 14901(b)...........             20,900             21,327
 (motor carrier or broker for
 transportation of hazardous wastes)--
 minimum penalty.
Appendix B (g)(6) Violations of the CRs      49 U.S.C. 14901(b)...........             41,801             42,654
 (motor carrier or broker for
 transportation of hazardous wastes)--
 maximum penalty.
Appendix B (g)(7): Violations of the CRs     I49 U.S.C. 14901(d)(1).......              1,572              1,604
 (HHG carrier or freight forwarder, or
 their receiver or trustee).
Appendix B (g)(8) Violation of the CRs       49 U.S.C. 14901(e)...........              3,146              3,210
 (weight of HHG shipment, charging for
 services)--minimum penalty for first
 violation.
Appendix B (g)(8) Violation of the CRs       49 U.S.C. 14901(e)...........              7,864              8,025
 (weight of HHG shipment, charging for
 services) subsequent violation.
Appendix B (g)(10) Tariff violations.......  49 U.S.C. 13702, 14903.......            157,274            160,484
Appendix B (g)(11) Additional tariff         49 U.S.C. 14904(a)...........                314                320
 violations (rebates or concessions)--first
 violation.
Appendix B (g)(11) Additional tariff         49 U.S.C. 14904(a)...........                393                401
 violations (rebates or concessions)--
 subsequent violations.
Appendix B (g)(12): Tariff violations        49 U.S.C. 14904(b)(1)........                787                803
 (freight forwarders)--maximum penalty for
 first violation.
Appendix B (g)(12): Tariff violations        49 U.S.C. 14904(b)(1)........              3,146              3,210
 (freight forwarders)--maximum penalty for
 subsequent violations.

[[Page 60738]]

 
Appendix B (g)(13): Service from freight     49 U.S.C. 14904(b)(2)........                787                803
 forwarder at less than rate in effect--
 maximum penalty for first violation.
Appendix B (g)(13): Service from freight     49 U.S.C. 14904(b)(2)........              3,146              3,210
 forwarder at less than rate in effect--
 maximum penalty for subsequent
 violation(s).
Appendix B (g)(14): Violations related to    49 U.S.C. 14905..............             15,727             16,048
 loading and unloading motor vehicles.
Appendix B (g)(16): Reporting and            49 U.S.C. 14901..............              1,045              1,066
 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..............              7,864              8,025
 recordkeeping under 49 U.S.C. subtitle IV,
 part B--maximum penalty.
Appendix B (g)(17): Unauthorized disclosure  49 U.S.C. 14908..............              3,146              3,210
 of information.
Appendix B (g)(18): Violation of 49 U.S.C.   49 U.S.C. 14910..............                787                803
 subtitle IV, part B, or condition of
 registration.
Appendix B (g)(21)(i): Knowingly and         49 U.S.C. 14905..............             15,727             16,048
 willfully fails to deliver or unload HHG
 at destination.
Appendix B (g)(22): HHG broker estimate      49 U.S.C. 14901(d)(2)........             12,135             12,383
 before entering into an agreement with a
 motor carrier.
Appendix B (g)(23): HHG transportation or    49 U.S.C. 14901 (d)(3).......             30,337             30,956
 broker services--registration requirement.
Appendix B (h): Copying of records and       49 U.S.C. 521(b)(2)(E).......              1,214              1,239
 access to equipment, lands, and buildings--
 maximum penalty per day.
Appendix B (h): Copying of records and       49 U.S.C. 521(b)(2)(E).......             12,135             12,383
 access to equipment, lands, and buildings--
 maximum total penalty.
Appendix B (i)(1): Evasion of regulations    49 U.S.C. 524................              2,090              2,133
 under 49 U.S.C. ch. 5, 51, subchapter III
 of 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), 31502--
 minimum penalty for first violation.
Appendix B (i)(1): Evasion of regulations    49 U.S.C. 524................              5,225              5,332
 under 49 U.S.C. ch. 5, 51, subchapter III
 of 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), 31502--
 maximum penalty for first violation.
Appendix B (i)(1): Evasion of regulations    49 U.S.C. 524................              2,612              2,665
 under 49 U.S.C. ch. 5, 51, subchapter III
 of 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), 31502--
 minimum penalty for subsequent
 violation(s).
Appendix B (i)(1): Evasion of regulations    49 U.S.C. 524................              7,837              7,997
 under 49 U.S.C. ch. 5, 51, subchapter III
 of 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), 31502--
 maximum penalty for subsequent
 violation(s).
Appendix B (i)(2): Evasion of regulations    49 U.S.C. 14906..............              2,090              2,133
 under 49 U.S.C. subtitle IV, part B--
 minimum penalty for first violation.
Appendix B (i)(2): Evasion of regulations    49 U.S.C. 14906..............              5,225              5,332
 under 49 U.S.C. subtitle IV, part B--
 minimum penalty for subsequent
 violation(s).
----------------------------------------------------------------------------------------------------------------

E. FRA 2018 Annual Adjustment

    FRA's 2018 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                             Citation             Existing penalty  (existing penalty
                                                                                                   x 1.02041)
----------------------------------------------------------------------------------------------------------------
Minimum rail safety penalty................  49 U.S.C. ch. 213............               $853               $870
Ordinary maximum rail safety penalty.......  49 U.S.C. ch. 213............             27,904             28,474
Maximum penalty for an aggravated rail       49 U.S.C. ch. 213............            111,616            113,894
 safety violation.
Minimum penalty for hazardous materials      49 U.S.C. 5123...............                471                481
 training violations.
Maximum penalty for ordinary hazardous       49 U.S.C. 5123...............             78,376             79,976
 materials violations.
Maximum penalty for aggravated hazardous     49 U.S.C. 5123...............            182,877            186,610
 materials violations.
----------------------------------------------------------------------------------------------------------------

F. PHMSA 2018 Annual Adjustment

    PHMSA's 2018 civil penalty adjustments are summarized in the chart 
below.

[[Page 60739]]



----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                             Citation             Existing penalty  (existing penalty
                                                                                                   x 1.02041)
----------------------------------------------------------------------------------------------------------------
Maximum penalty for hazardous materials      49 U.S.C. 5123...............            $78,376            $79,976
 violation.
Maximum penalty for hazardous materials      49 U.S.C. 5123...............            182,877            186,610
 violation that results in death, serious
 illness, or severe injury to any person or
 substantial destruction of property.
Minimum penalty for hazardous materials      49 U.S.C. 5123...............                471                481
 training violations.
Maximum penalty for each pipeline safety     49 U.S.C. 60122(a)(1)........            209,002            213,268
 violation.
Maximum penalty for a related series of      49 U.S.C. 60122(a)(1)........          2,090,022          2,132,679
 pipeline safety violations.
Maximum penalty for liquefied natural gas    49 U.S.C. 60122(a)(2)........             76,352             77,910
 pipeline safety violation.
Maximum penalty for discrimination against   49 U.S.C. 60122(a)(3)........              1,214              1,239
 employees providing pipeline safety
 information.
----------------------------------------------------------------------------------------------------------------

G. MARAD 2018 Annual Adjustment

    MARAD's 2018 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                             Citation             Existing penalty  (existing penalty
                                                                                                   x 1.02041)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for a single           46 U.S.C. 31309..............            $20,111            $20,521
 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..............             50,276             51,302
 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)...........             19,246             19,639
 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 file    46 U.S.C. 50113(b)...........                127                130
 an AMVER report.
Maximum civil penalty for violating          50 U.S.C. 4513...............             25,409             25,928
 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 in      46 U.S.C. 12151..............            147,396            150,404
 applying for or renewing a vessel's
 fishery endorsement.
----------------------------------------------------------------------------------------------------------------

H. SLS 2018 Annual Adjustment

    SLS' 2018 civil penalty adjustment is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                           Citation             Existing penalty    (existing penalty
                                                                                                  x 1.02041)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for each violation    33 U.S.C. 1232..............            $90,063             $91,901
 of the Seaway Rules and Regulations at 33
 CFR part 401.
----------------------------------------------------------------------------------------------------------------

IV. Conforming Change to 49 CFR 578.5

    Currently, 49 CFR 578.5 specifies that the NHTSA Administrator will 
review the amount of civil penalties set forth in 49 CFR part 578 at 
least once every four years and, if appropriate, adjust them by rule. 
Since this no longer reflects the law, NHTSA is updating this provision 
to conform to the 2015 Act's requirement of annual inflationary 
adjustments to civil penalty amounts.

Regulatory Analysis and Notices

A. Executive Orders 12866 and 13563 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 Orders 12866 and 13563 or 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).\4\ The Small Business Administration's A Guide for Government 
Agencies: How to Comply with the Regulatory Flexibility Act (2012), 
explains that:
---------------------------------------------------------------------------

    \4\ Under 5 U.S.C. 603(a), the Regulatory Flexibility Act also 
applies when an agency ``publishes a notice of proposed rulemaking 
for an interpretative rule involving the internal revenue laws of 
the United States.'' However, this rule does not involve the 
internal revenue laws of the United States.

    If, under the APA or any rule of general applicability governing 
federal grants to state

[[Page 60740]]

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 RFA does 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. It does not 
contain any new provision that preempts state law, because states are 
already preempted from regulating in this area under the Airline 
Deregulation Act, 49 U.S.C. 41713. 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 the Office of Management and Budget.

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). 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 incorporates by reference the 
categorical exclusions for all DOT Operating Administrations. This 
action qualifies for a categorical exclusion in accordance with FAA 
Order 1050.1F, Environmental Impacts: Policies and Procedures, (80 FR 
44208, July 24, 2015), paragraph 5-6.6.f, which covers regulations not 
expected to cause any potentially significant environmental impacts. 
The Department does not anticipate any environmental impacts, and there 
are no extraordinary circumstances present in connection with this 
final rule.

G. Unfunded Mandates Reform Act

    The Department analyzed the final rule under the factors in the 
Unfunded Mandates Reform Act of 1995. The Department considered whether 
the rule includes a federal mandate that may result in the expenditure 
by State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100,000,000 or more (adjusted annually for 
inflation) in any one year. The Department has determined that this 
final rule will not result in such expenditures. Accordingly, this 
final rule is not subject to the Unfunded Mandates Reform Act.

H. Executive Order 13771

    Executive Order 13771, ``Reducing Regulation and Controlling 
Regulatory Costs,'' does not apply to this action because it is 
nonsignificant; therefore, it is not subject to the ``2 for 1'' and 
budgeting requirements.

List of Subjects

14 CFR Part 13

    Administrative practice and procedure, Air transportation, 
Hazardous materials transportation, Investigations, Law enforcement, 
Penalties.

14 CFR Part 383

    Administrative practice and procedure, Penalties.

14 CFR Part 406

    Administrative procedure and review, Commercial space 
transportation, Enforcement, Investigations, Penalties, Rules of 
adjudication.

33 CFR Part 401

    Hazardous materials transportation, Navigation (water), Penalties, 
Radio, Reporting and recordkeeping requirements, Vessels, Waterways.

46 CFR Part 221

    Administrative practice and procedure, Maritime carriers, 
Mortgages, Penalties, Reporting and recordkeeping requirements, Trusts 
and trustees.

46 CFR Part 307

    Marine safety, Maritime carriers, Penalties, Reporting and 
recordkeeping requirements.

46 CFR Part 340

    Harbors, Maritime carriers, National defense, Packaging and 
containers.

46 CFR Part 356

    Citizenship and naturalization, Fishing vessels, Mortgages, 
Penalties, Reporting and recordkeeping requirements, Vessels.

49 CFR Part 107

    Administrative practices and procedure, Hazardous materials 
transportation, Packaging and containers, Penalties, Reporting and 
recordkeeping requirements.

49 CFR Part 171

    Definitions, General information, Regulations.

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.

[[Page 60741]]

49 CFR Part 216

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 217

    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 Part 221

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 222

    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 224

    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 229

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 230

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 231

    Penalties, Railroad safety.

49 CFR Part 232

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 233

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 234

    Highway safety, Penalties, Railroad safety, Reporting and 
recordkeeping requirements, State and local governments.

49 CFR Part 235

    Administrative practice and procedure, Penalties, Railroad safety, 
Railroad signals, Reporting and recordkeeping requirements.

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, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 239

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 240

    Administrative practice and procedure, Penalties, Railroad 
employees, Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 241

    Communications, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 242

    Administrative practice and procedure, Penalties, Railroad 
employees, Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 243

    Administrative practice and procedure, Penalties, Railroad 
employees, Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 244

    Administrative practice and procedure, Penalties, Railroad safety, 
Reporting and recordkeeping requirements.

49 CFR Part 270

    Penalties; Railroad safety; Reporting and recordkeeping 
requirements; and System safety.

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, Rubber and Rubber 
Products, Tires, Penalties.

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, 44701-44703, 44709- 
44710, 44713, 44725, 46101-46111, 46301, 46302 (for a violation of 
49 U.S.C. 46504), 46304-46316, 46318, 46501-46502, 46504-46507, 
47106, 47107, 47111, 47122, 47306, 47531- 47532; 49 CFR 1.83.

0
2. Revise Sec.  13.301 to read as follows:


Sec.  13.301  Inflation adjustments of civil monetary penalties.

    (a) This subpart provides the maximum civil monetary penalties or 
range of minimum and maximum civil monetary penalties for each 
statutory civil penalty subject to FAA jurisdiction, as adjusted for 
inflation.
    (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 November 27, 2018, notwithstanding 
references to specific civil penalty amounts elsewhere in this part.
    (c) Minimum and maximum civil monetary penalties are as follows:

[[Page 60742]]



                           Table 1 to Sec.   13.301--Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        New minimum
                                                                                      penalty amount                               New maximum penalty
                                                                                      for violations                              amount for violations
     United States Code citation           Civil monetary penalty      2017 minimum    occurring on     2017 maximum penalty    occurring on or after 11/
                                                description           penalty amount  or after 11/27/          amount             27/2018, adjusted for
                                                                                      2018, adjusted                                    inflation
                                                                                       for inflation
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a)(1).................  Violation of hazardous                    N/A             N/A  $78,376.................  $79,976.
                                        materials transportation law.
49 U.S.C. 5123(a)(2).................  Violation of hazardous                    N/A             N/A  $182,877................  $186,610.
                                        materials transportation law
                                        resulting in death, serious
                                        illness, severe injury, or
                                        substantial property
                                        destruction.
49 U.S.C. 5123(a)(3).................  Violation of hazardous                   $471            $481  $78,376.................  $79,976.
                                        materials transportation law
                                        relating to training.
49 U.S.C. 46301(a)(1)................  Violation by a person other               N/A             N/A  $32,666.................  $33,333.
                                        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 airman                    N/A             N/A  $1,437..................  $1,466.
                                        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 individual or             N/A             N/A  $1,437..................  $1,466.
                                        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 U.S.C.                    N/A             N/A  Increase above otherwise  No change.
                                        47107(b) (or any assurance                                     applicable maximum
                                        made under such section) or                                    amount not to exceed 3
                                        49 U.S.C. 47133.                                               times the amount of
                                                                                                       revenues that are used
                                                                                                       in violation of such
                                                                                                       section.
49 U.S.C. 46301(a)(5)(A).............  Violation by an individual or             N/A             N/A  $13,066.................  $13,333.
                                        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 individual or             N/A             N/A  $13,066.................  $13,333.
                                        small business concern
                                        related to the
                                        transportation of hazardous
                                        materials.
49 U.S.C. 46301(a)(5)(B)(ii).........  Violation by an individual or             N/A             N/A  $13,066.................  $13,333.
                                        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 individual or             N/A             N/A  $13,066.................  $13,333.
                                        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 individual or             N/A             N/A  $13,066.................  $13,333.
                                        small 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              N/A             N/A  $4,194..................  $4,280.
                                        device.
49 U.S.C. 46302......................  Knowingly providing false                 N/A             N/A  $22,957.................  $23,426.
                                        information about alleged
                                        violation involving the
                                        special aircraft
                                        jurisdiction of the United
                                        States.
49 U.S.C. 46318......................  Interference with cabin or                N/A             N/A  $34,731.................  $35,440.
                                        flight crew.
49 U.S.C. 46319......................  Permanent closure of an                   N/A             N/A  $13,066.................  $13,333.
                                        airport without providing
                                        sufficient notice.
49 U.S.C. 46320......................  Operating an unmanned                     N/A             N/A  $20,000.................  $20,408.
                                        aircraft and in so doing
                                        knowingly or recklessly
                                        interfering with a wildfire
                                        suppression, law
                                        enforcement, or emergency
                                        response effort.
49 U.S.C. 47531......................  Violation of 49 U.S.C. 47528-             N/A             N/A  See 49 U.S.C.             See 49 U.S.C.
                                        47530, relating to the                                         46301(a)(1) and (a)(5),   46301(a)(1) and (a)(5),
                                        prohibition of operating                                       above.                    above.
                                        certain aircraft not
                                        complying with stage 3 noise
                                        levels.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 60743]]


0
3. Part 383 is revised to read as follows:

PART 383--CIVIL PENALTIES

Sec.
383.1 Purpose and periodic adjustment.
383.2 Amount of penalty.

    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.


Sec.  383.1  Purpose and periodic adjustment.

    (a) Purpose. This part adjusts the civil penalty liability amounts 
prescribed in 49 U.S.C. 46301(a) for inflation in accordance with the 
Act cited in paragraph (b) of this section.
    (b) Periodic Adjustment. DOT will periodically adjust the maximum 
civil penalties set forth in 49 U.S.C. 46301 and this part as required 
by the Federal Civil Penalties Inflation Adjustment Act of 1990 as 
amended by the Federal Civil Penalties Inflation Adjustment Act 
Improvements Act of 2015.


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 $33,333 (or $1,466 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));
    (b) With respect to small businesses and individuals, 
notwithstanding the general $1,466 civil penalty, the following civil 
penalty limits apply:
    (1) A maximum civil penalty of $13,333 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 $6,666 applies for violations of 
section 41719 and rules and orders issued pursuant to that provision 
(see 49 U.S.C. 46301(a)(5)(C)); and
    (3) A maximum civil penalty of $3,334 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
4. The authority citation for part 406 continues to read as follows:

    Authority: 51 U.S.C. 50901-50923.

0
5. 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 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 $234,247 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 A--Regulations

0
6. The authority citation for subpart A of part 401 is revised to read 
as follows:

     Authority:  33 U.S.C. 981-990, 1231 and 1232, 49 CFR 1.52, 
unless otherwise noted.

0
7. Amend Sec.  401.102 by revising paragraph (a) to read as follows:
    (a) A person, as described in Sec.  401.101(b) who violates a 
regulation is liable to a civil penalty of not more than $91,901.
* * * * *

Title 46--Shipping

PART 221--REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND 
OTHER MARITIME INTERESTS

0
8. 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
9. Section 221.61 is revised to read as follows:


Sec.  221.61  Compliance.

    (a) This subpart describes procedures for the administration of 
civil penalties that the Maritime Administration may assess under 46 
U.S.C. 31309, 31330, and 56101, pursuant to 49 U.S.C. 336.
    (b) Pursuant to 46 U.S.C. 31309, a general penalty of not more than 
$20,521 may be assessed for each violation of chapter 313 or 46 U.S.C. 
subtitle III administered by the Maritime Administration, and the 
regulations in this part that are promulgated thereunder, except that a 
person violating 46 U.S.C. 31329 and the regulations promulgated 
thereunder is liable for a civil penalty of not more than $51, 302 for 
each violation. A person that 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 $19,639 for each violation.

PART 307--ESTABLISHMENT OF MANDATORY POSITION REPORTING SYSTEM FOR 
VESSELS

0
10. 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
11. 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 $130.00 for 
each day of failure to file an AMVER report required by this part. Such 
penalty shall constitute a lien upon the vessel, and such vessel may be 
libeled in the district court of the United States in which the vessel 
may be found.

PART 340--PRIORITY USE AND ALLOCATION OF SHIPPING SERVICES, 
CONTAINERS AND CHASSIS, AND PORT FACILITIES AND SERVICES FOR 
NATIONAL SECURITY AND NATIONAL DEFENSE RELATED OPERATIONS

0
12. 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
13. Section 340.9 is revised to read as follows:


Sec.  340.9  Compliance.

    Pursuant 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 regulation shall, upon conviction, be fined not more 
than $25,928 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
 14. 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

[[Page 60744]]

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
15. Amend Sec.  356.49 by revising paragraph (b) to read as follows:


Sec.  356.49  Penalties.

* * * * *
    (b) A fine of up to $150,404 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
 16. 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. 2461 note); 49 CFR 1.81 
and 1.97.

0
17. Section 107.329 is revised 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 the 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 $79,976 for each 
violation, except the maximum civil penalty is $186,610 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 $481 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 the 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 
$79,976 for each violation, except the maximum civil penalty is 
$186,610 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 $481 
for violations relating to training.

0
 18. In appendix A to subpart D of part 107, section II.. under ``B. 
Penalty Increases for Multiple Counts'' following the table, the first 
sentence of the second paragraph is revised to read as follows:

Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties

* * * * *
    II. * * *
    B. * * *
    Under the Federal hazmat law, 49 U.S.C. 5123(a), each violation 
of the HMR and each day of a continuing violation (except for 
violations relating to packaging manufacture or qualification) is 
subject to a civil penalty of up to $79,976 or $186,610 for a 
violation occurring on or after November 27, 2018. * * *
* * * * *

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
19. 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
20. 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 $79,976 for each violation, except the maximum civil 
penalty is $186,610 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 $481 for a violation relating to training.
* * * * *

PART 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES

0
21. Amend Sec.  190.223 by revising paragraphs (a) through (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 or order issued thereunder, is 
subject to an administrative civil penalty not to exceed $213,268 for 
each violation for each day the violation continues, with a maximum 
administrative civil penalty not to exceed $2,132,679 for any related 
series of violations.
    (b) Any person found to have violated a provision of 33 U.S.C. 
1321(j), or any regulation or order issued thereunder, is subject to an 
administrative civil penalty under 33 U.S.C. 1321(b)(6), as adjusted by 
40 CFR 19.4.
    (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 $77,910, which may be in addition to other penalties to which 
such person may be subject under paragraph (a) of this section.
    (d) Any person who is determined to have violated any standard or 
order under 49 U.S.C. 60129 is subject to an administrative civil 
penalty not to exceed $1,239, 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
22. 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
23. 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, 
subchapter A or C of chapter I, subtitle B, of this title, 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 $79,976 for each violation, except that--
    (1) The maximum civil penalty for a violation is $186,610 if the 
violation results in death, serious illness, or

[[Page 60745]]

severe injury to any person, or substantial destruction of property and
    (2) A minimum $481 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 November 
27, 2018.

0
24. 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 $79,976 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 $186,610.


Sec.  209.409  [Amended]

0
25. Amend Sec.  209.409 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

0
26. In appendix A to part 209, amend the section ``Penalty Schedules; 
Assessment of Maximum Penalties'' by:
0
a. Adding a sentence to the end of the sixth paragraph;
0
b. Revising the third sentence of the seventh paragraph; and
0
c. Revising 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 November 27, 2018, the minimum civil monetary 
penalty was raised from $853 to $870, the ordinary maximum civil 
monetary penalty was raised from $27,904 to $28,474, and the 
aggravated maximum civil monetary penalty was raised from $111,616 
to $113,894.
    * * * For each regulation or order, the schedule shows two 
amounts within the $870 to $28,474 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 $113,894 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. * * *
* * * * *


0
27. Amend appendix B to part 209 as follows:
0
a. In the introductory text, revise the second sentence of the first 
paragraph, the last sentence of the second paragraph, and the fifth 
sentence of the third paragraph; and
0
b. In the table ``CIVIL PENALTY ASSESSMENT GUIDELINES'':
0
i. Revise footnote 1 of the first table;
0
ii. Under the heading ``PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR 
SHIPMENTS AND PACKAGES:
0
1. Remove the entries for ``173.24(b)(1) and 173.24(b)(2)'' and 
``173.24(f)(1) and 173.24(f)(1)(ii)'' and add an entry for 
``173.24(b)(1) and 173.24(b)(2) and 173.24(f)(1) and 173.24(f)(1)(ii)'' 
in their place; and
0
2. Revise the introductory text to the entry for ``173.24(c)''; and
0
iii. Remove footnote 1 of the second table and redesignate footnote 2 
as footnote 1 (at text and in table heading) and revise it.
    The revisions read as follows:

Appendix B to Part 209--Federal Railroad Administration Guidelines for 
Initial Hazardous Materials Assessments

    * * * The guideline penalty amounts reflect the best judgment of 
the FRA Office of Railroad Safety (RRS) and of the Safety Law 
Division of the Office of Chief Counsel (RCC) on the relative 
severity of the various violations routinely encountered by FRA 
inspectors on a scale of amounts up to the maximum $79,976 penalty, 
except the maximum civil penalty is $186,610 if the violation 
results in death, serious illness or severe injury to any person, or 
substantial destruction of property, and a minimum $481 penalty 
applies to a violation related to training. * * *
    * * * When a violation of the Federal hazardous material 
transportation law, an order issued thereunder, the Hazardous 
Materials Regulations or a special permit, approval, or order issued 
under those regulations results in death, serious illness or severe 
injury to any person, or substantial destruction of property, a 
maximum penalty of at least $79,976 and up to and including $186,610 
shall always be assessed initially.
    * * * In fact, FRA reserves the express authority to amend the 
NOPV to seek a penalty of up to $79,976 for each violation, and up 
to $186,610 for any violation resulting in death, serious illness or 
severe injury to any person, or substantial destruction of property, 
at any time prior to issuance of an order. * * *

Civil Penalty Assessment Guidelines

* * * * *
    \1\ Any person who violates an emergency order issued under the 
authority of 49 U.S.C. Ch. 201 is subject to a civil penalty of at 
least $870 and not more than $28,474 per violation, except that 
where a grossly negligent violation or a pattern of repeated 
violations has created an imminent hazard of death or injury to 
persons, or has caused a death or injury, a penalty not to exceed 
$113,894 per violation may be assessed. Each day that the violation 
continues is a separate offense. 49 U.S.C. 21301; 28 U.S.C. 2461, 
note.

------------------------------------------------------------------------
                                                             Guideline
         49 CFR Section                Description          amount \1\
------------------------------------------------------------------------
 
------------------------------------------------------------------------
                              * * * * * * *
   Part 173--Shippers--General Requirements for Shipments and Packages
------------------------------------------------------------------------
 
------------------------------------------------------------------------

[[Page 60746]]

 
                              * * * * * * *
173.24(b)(1) and 173.24(b)(2)      Securing closures: These subsections
 and 173.24(f)(1) and              are the general ``no leak'' standard
 173.24(f)(1)(ii).                  for all packagings. Sec. 173.24(b)
                                    deals primarily with packaging as a
                                   whole, while Sec.   173.24(f) focuses
                                   on closures. Use Sec.   173.31(d) for
                                    tank cars, when possible. Cite the
                                   sections accordingly, using both the
                                  leak/non-leak criteria and the package
                                     size considerations to reach the
                                   appropriate penalty. Any actual leak
                                     will aggravate the guideline by,
                                    typically, 50%; a leak with contact
                                   with a human being will aggravate by
                                    at least 100%, up to the maximum of
                                    $79,976, and up to $186,610 if the
                                    violation results in death, serious
                                     illness or injury or substantial
                                       destruction of property. For
                                    intermodal (IM) portable tanks and
                                    other tanks of that size range, use
                                     the tank car penalty amounts, as
                                         stated in Sec.   173.31.
                                ----------------------------------------
                                 --Small bottle or box..           1,000
                                 --55-gallon drum.......           2,500
                                 --Larger container,               5,000
                                  e.g., IBC; not
                                  portable tank or tank
                                  car.
                                      --IM portable tank, cite Sec.
                                   173.24(f) and use the penalty amounts
                                    for tank cars: Residue, generally,
                                    Sec.   173.29(a) and, loaded, Sec.
                                                173.31(d).
                                ----------------------------------------
                                 --Residue adhering to             5,000
                                  outside of package
                                  (i.e., portable tanks,
                                  tank cars, etc.).
                                ----------------------------------------
173.24(c)......................         Use of package not meeting
                                    specifications, including required
                                      stencils and markings. The most
                                     specific section for the package
                                   involved should be cited (see below).
                                      The penalty guideline should be
                                       adjusted for the size of the
                                      container. Any actual leak will
                                  aggravate the guideline by, typically,
                                   50%; a leak with contact with a human
                                  being will aggravate by at least 100%,
                                   up to the maximum of $79,976, and up
                                   to $186,610 if the violation results
                                  in death, serious illness or injury or
                                   substantial destruction of property.
 
                              * * * * * * *
------------------------------------------------------------------------
\1\ A person who knowingly violates the hazardous material
  transportation law or a regulation, order, special permit, or approval
  issued thereunder, is subject to a civil penalty of up to $79,976 for
  each violation, except that the maximum civil penalty for a violation
  is $186,610 if the violation results in death, serious illness, or
  severe injury to any person or substantial destruction of property;
  and a minimum $481 civil penalty applies to a violation related to
  training. Each day that the violation continues is a separate offense.
  49 U.S.C. 5123; 28 U.S.C. 2461, note.

PART 213--TRACK SAFETY STANDARDS

0
28. The authority citation for part 213 continues to read as follows:

    Authority:  49 U.S.C. 20102-20114 and 20142; Sec. 403, Div. A, 
Public Law 110-432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49 CFR 
1.89.


Sec.  213.15  [Amended]

0
29. In Sec.  213.15, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix B to Part 213--[Amended]

0
30. In appendix B to part 213, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 214--RAILROAD WORKPLACE SAFETY

0
31. The authority citation for part 214 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 21301, 31304, 28 U.S.C. 
2461, note; and 49 CFR 1.89.


Sec.  214.5  [Amended]

0
32. Amend Sec.  214.5 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 214--[Amended]

0
33. In appendix A to part 214, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

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. 241, note; and 49 
CFR 1.89.


Sec.  215.7  [Amended]

0
35. Amend Sec.  215.7 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix B to Part 215--[Amended]

0
36. Amend appendix B to part 215 in the first paragraph of footnote 1 
by removing the dollar amount ``$27,904'' and adding in its place 
``$28,474'' and by removing the dollar amount ``$109,819'' and adding 
in its place ``the statutory maximum amount''.

PART 216--SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD 
TRACK, LOCOMOTIVE AND EQUIPMENT

0
37. 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
38. Amend Sec.  216.7 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

PART 217--RAILROAD OPERATING RULES

0
39. The authority citation for part 217 continues to read as follows:


[[Page 60747]]


    Authority:  49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.89.


Sec.  217.5  [Amended]

0
40. Amend Sec.  217.5 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 217--[Amended]

0
41. In appendix A to part 217, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 218--RAILROAD OPERATING PRACTICES

0
42. The authority citation for part 218 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 
CFR 1.89.


Sec.  218.9  [Amended]

0
43. Amend Sec.  218.9 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 218--[Amended]

0
44. In appendix A to part 218, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 219--CONTROL OF ALCOHOL AND DRUG USE

0
45. 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; Sec. 412, Div. A, Pub. L. 110-432, 122 Stat. 
4889 (49 U.S.C. 20140, note); and 49 CFR 1.89.


Sec.  219.10  [Amended]

0
46. In Sec.  219.10, amend as follows:
0
a. Remove the dollar amount ``$650'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$25,000'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$105,000'' and add in its place 
``$113,894''.

Appendix A to Part 219--[Amended]

0
 47. In appendix A to part 219, footnote 1, remove the dollar amount 
``$105,000'' and add in its place ``the statutory maximum amount''.

PART 220--RAILROAD COMMUNICATIONS

0
48. 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
49. Amend Sec.  220.7 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix C to Part 220--[Amended]

0
50. In appendix C to part 220, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 221--REAR END MARKING DEVICE--PASSENGER, COMMUTER AND FREIGHT 
TRAINS

0
51. 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
52. Amend Sec.  221.7 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix C to Part 221--[Amended]

0
53. In appendix C to part 221, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 222--USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE 
CROSSINGS

0
54. 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
55. Amend Sec.  222.11 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix H to Part 222--[Amended]

0
56. In appendix H to part 222, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 223--SAFETY GLAZING STANDARDS--LOCOMOTIVES, PASSENGER CARS AND 
CABOOSES

0
57. 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
58. Amend Sec.  223.7 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix B to Part 223--[Amended]

0
 59. In appendix B to part 223, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 224--REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK

0
60. 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
61. In Sec.  224.11, amend paragraph (a) as follows:
0
 a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
 b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
 c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 224--[Amended]

0
62. In appendix A to part 224, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 225--RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND 
INVESTIGATIONS

0
63. The authority citation for part 225 continues to read as follows:


[[Page 60748]]


    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
 64. Amend Sec.  225.29 as follows:
0
 a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
 b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
 c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 225--[Amended]

0
65. In appendix A to part 225, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 227--OCCUPATIONAL NOISE EXPOSURE

0
66. 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
67. In Sec.  227.9, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix G to Part 227--[Amended]

0
68. In appendix G to part 227, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 228-- PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING 
AND REPORTING; SLEEPING QUARTERS

0
69. The authority citation for part 228 continues to read as follows:

    Authority: 49 U.S.C. 103, 20103, 20107, 21101-21109; Sec. 108, 
Div. A, Public Law 110-432, 122 Stat. 4860-4866, 4893-4894; 49 
U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 
1.89.


Sec.  228.6  [Amended]

0
70. In Sec.  228.6, amend paragraph (a) as follows:
    a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
 c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.
    71. In appendix A to part 228, below the heading ``GENERAL 
PROVISIONS,'' amend the ``Penalty'' paragraph by adding a sentence at 
the end of the 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 November 27, 2018, the minimum civil 
monetary penalty was raised from $853 to $870, the ordinary maximum 
civil monetary penalty was raised from $27,904 to $28,474, and the 
aggravated maximum civil monetary penalty was raised from $111,616 
to $113,894.
* * * * *

Appendix B to Part 228--[Amended]

0
72. In appendix B to part 228, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS

0
73. The authority citation for part 229 continues to read as follows:

    Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301, 
21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  229.7  [Amended]

0
74. In Sec.  229.7, amend paragraph (b) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix B to Part 229--[Amended]

0
75. In appendix B to part 229, in the first paragraph of footnote 1, 
remove the dollar amount ``$27,904'' and add in its place ``$28,474'' 
and remove the dollar amount ``$109,819'' and add in its place ``the 
statutory maximum amount''.

PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS

0
76. 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
77. In Sec.  230.4, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

PART 231--RAILROAD SAFETY APPLIANCE STANDARDS

0
78. 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
79. In Sec.  231.0, amend paragraph (f) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 231--[Amended]

0
80. In appendix A to part 231, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 232-- BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON-
PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES

0
81. The authority citation for part 232 continues to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301-
20303, 20306, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 
1.89.


Sec.  232.11  [Amended]

0
82. In Sec.  232.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 232--[Amended]

0
83. In appendix A to part 232, in the first paragraph of footnote 1, 
remove the dollar amount ``$27,904'' and add in its place ``$28,474'' 
and remove the dollar amount ``$109,819'' and add in its place ``the 
statutory maximum amount''.

PART 233--SIGNAL SYSTEMS REPORTING REQUIREMENTS

0
84. The authority citation for part 233 continues to read as follows:


[[Page 60749]]


    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
85. Amend Sec.  233.11 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 233--[Amended]

    86. In appendix A to part 233, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 234--GRADE CROSSING SAFETY

0
87. The authority citation for part 234 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304, 
21311, 22501 note; Pub. L. 110-432, Div. A., Sec. 202, 28 U.S.C. 
2461, note; and 49 CFR 1.89.


Sec.  234.6  [Amended]

0
88. In Sec.  234.6, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 234--[Amended]

0
89. In appendix A to part 234, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

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
90. 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
91. Amend Sec.  235.9 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 235--[Amended]

0
92. In appendix A to part 235, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 236--RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE 
INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF SIGNAL AND 
TRAIN CONTROL SYSTEMS, DEVICES, AND APPLIANCES

0
93. 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
94. In Sec.  236.0, amend paragraph (f) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 236--[Amended]

0
95. In appendix A to part 236, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 237--BRIDGE SAFETY STANDARDS

0
96. The authority citation for part 237 continues to read as follows:

    Authority: 49 U.S.C. 20102-20114; Public Law 110-432, Div. A, 
Sec. 417; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  237.7  [Amended]

0
97. In Sec.  237.7, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix B to Part 237--[Amended]

0
98. In appendix B to part 237, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS

0
99. 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
100. In Sec.  238.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 238--[Amended]

0
101. In appendix A to part 238, in the first paragraph of footnote 1, 
remove the dollar amount ``$27,904'' and add in its place ``$28,474'' 
and remove the dollar amount ``$109,819'' and add in its place ``the 
statutory maximum amount''.

PART 239--PASSENGER TRAIN EMERGENCY PREPAREDNESS

0
102. 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
103. Amend Sec.  239.11 as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 239--[Amended]

0
104. In appendix A to part 239, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS

0
105. 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
106. In Sec.  240.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';

[[Page 60750]]

0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 240--[Amended]

0
107. In appendix A to part 240, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 241--UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF 
UNITED STATES RAIL OPERATIONS

0
108. 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
109. In Sec.  241.15, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix B to Part 241--[Amended]

0
110. In appendix B to part 241, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 242--QUALIFICATION AND CERTIFICATION OF CONDUCTORS

0
111. 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
112. In Sec.  242.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 242--[Amended]

0
113. In appendix A to part 242, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 243--TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED 
RAILROAD EMPLOYEES

0
114. 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
115. In Sec.  243.7, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix to Part 243--[Amended]

0
116. In the appendix to part 243, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 244--REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING 
RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL

0
117. The authority citation for part 244 is revised 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
118. In Sec.  244.5, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

PART 270--SYSTEM SAFETY PROGRAM

0
119. The authority citation for part 270 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20106-20107, 20118-20119, 20156, 
21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  270.7  [Amended]

0
120. In Sec.  270.7, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

PART 272--CRITICAL INCIDENT STRESS PLANS

0
121. 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; 49 CFR 1.89; and sec. 410, Div. A, Pub. L. 110-432, 122 Stat. 
4888.


Sec.  272.11  [Amended]

0
122. In Sec.  272.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$853'' and add in its place ``$870'';
0
b. Remove the dollar amount ``$27,904'' and add in its place 
``$28,474''; and
0
c. Remove the dollar amount ``$111,616'' and add in its place 
``$113,894''.

Appendix A to Part 272--[Amended]

0
123. In appendix A to part 272, footnote 1, remove the dollar amount 
``$109,819'' and add in its place ``the statutory maximum amount''.

PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS

0
124. The authority citation for part 386 is revised to read as follows:

    Authority: 49 U.S.C. 113; chapters 5, 51, 131-141, 145-149, 311, 
313, and 315; Sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 
U.S.C. 701 note); Sec. 217, Pub. L. 105-159, 113 Stat. 1748, 1767; 
Sec. 206, Pub. L. 106-159, 113 Stat. 1763; subtitle B, title IV of 
Pub. L. 109-59; Sec. 701 of Pub. L. 114-74, 129 Stat. 599 (28 U.S.C. 
2461 note); 49 CFR 1.81 and 1.87.

0
125. Amend Appendix A to part 386 by revising the introductory text and 
sections II, IV. a. through e., and IV. g. through j. to read as 
follows:

Appendix A to Part 386--Penalty Schedule: Violations of Notices and 
Orders

    The Civil Penalties Inflation Adjustment Act Improvements Act of 
2015 [Pub. L. 114-74, sec. 701, 129 Stat. 599] amended the Federal 
Civil Penalties Inflation Adjustment Act of 1990 to require agencies 
to adjust civil penalties for inflation. Pursuant to that authority, 
the inflation adjusted civil penalties identified in this appendix 
supersede the corresponding civil penalty amounts identified in 
title 49, United States Code.
* * * * *

II. Subpoena

    Violation--Failure to respond to Agency subpoena to appear and 
testify or produce records.

[[Page 60751]]

    Penalty--minimum of $1,066 but not more than $10,663 per 
violation.
* * * * *

IV. Out-of-Service Order

    a. Violation--Operation of a commercial vehicle by a driver 
during the period the driver was placed out of service.
    Penalty--Up to $1,848 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 $18,477 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--$1,848 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 $18,477 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 $924 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 $26,659 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 $23,426 per day the operation continues after the 
effective date and time of the out-of-service order.
    i. Violation--Conducting operations during a period of 
suspension under Sec.  386.83 or Sec.  386.84 for failure to pay 
penalties.
    Penalty--Up to $15,040 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. Sec.  385.911, 385.913, 385.1009 
or 385.1011.
    Penalty--Up to $23,426 for each day that operations are 
conducted during the suspension or revocation period.

0
126. Amend Appendix B to part 386 by revising the introductory text and 
paragraphs (a)(1) through (5), (b) through (f), (g) introductory text, 
(g)(1) through (8), (g)(10) through (14), (g)(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

    The Civil Penalties Inflation Adjustment Act Improvements Act of 
2015 [Pub. L. 114-74, sec. 701, 129 Stat. 599] amended the Federal 
Civil Penalties Inflation Adjustment Act of 1990 to require agencies 
to adjust civil penalties for inflation. Pursuant to that authority, 
the inflation adjusted civil penalties identified in this appendix 
supersede the corresponding civil penalty amounts identified in 
title 49, United States Code.
    What are the types of violations and maximum monetary penalties?
    (a) Violations of the Federal Motor Carrier Safety Regulations 
(FMCSRs):
    (1) Recordkeeping. A person or entity that fails to prepare or 
maintain a record required by parts 40, 382, 385, and 390-99 of this 
subchapter, or prepares or maintains a required record that is 
incomplete, inaccurate, or false, is subject to a maximum civil 
penalty of $1,239 for each day the violation continues, up to 
$12,383.
    (2) Knowing falsification of records. A person or entity that 
knowingly falsifies, destroys, mutilates, or changes a report or 
record required by parts 382, 385, and 390-99 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 
$12,383 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 parts 382, 385, or 390-99 of this subchapter, except a 
recordkeeping requirement, is subject to a civil penalty not to 
exceed $15,040 for each violation.
    (4) Non-recordkeeping violations by drivers. A driver who 
violates parts 382, 385, and 390-99 of this subchapter, except a 
recordkeeping violation, is subject to a civil penalty not to exceed 
$3,760.
    (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 $3,096 for a first conviction and not less 
than $6,192 for a second or subsequent conviction.
* * * * *
    (b) Commercial driver's license (CDL) violations. Any person who 
violates 49 CFR part 383, subparts B, C, E, F, G, or H, is subject 
to a civil penalty not to exceed $5,591; 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 $3,096 
for a first conviction and not less than $6,192 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 $5,591 or more 
than $30,956; 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 $16,048.
* * * * *
    (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 $16,499. 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. This 
paragraph 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 $79,976 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 $481 and not more than $79,976 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 $79,976 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 $79,976.
    (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 60752]]

illness, or severe injury to any person or in substantial 
destruction of property, the civil penalty may be increased to not 
more than $186,610 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 $26,659 (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 $79,976 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 
$186,610 for each offense. Each day the transportation continues in 
violation of a final ``unsatisfactory'' safety rating constitutes a 
separate offense.
    (g) Violations of the commercial regulations (CRs). Penalties 
for violations of the CRs are specified in 49 U.S.C. chapter 149. 
These penalties relate to transportation subject to the Secretary's 
jurisdiction under 49 U.S.C. chapter 135. Unless otherwise noted, a 
separate violation occurs for each day the violation continues.
    (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 
$10,663 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 $10,663 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 $26,659 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 $10,663 per 
violation.
    (5) A person who operates as a foreign motor carrier or foreign 
motor private carrier without authority, before the implementation 
of the land transportation provisions of the North American Free 
Trade Agreement, outside the boundaries of a commercial zone along 
the United States-Mexico border, is liable for a maximum penalty of 
$14,664 for an intentional violation and a maximum penalty of 
$36,662 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 
$21,327 and a maximum penalty of $42,654 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 $1,604 per violation.
    (8) A person--
    (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 is liable for a minimum penalty of $3,210 for the first 
violation and $8,025 for each subsequent violation.
* * * * *
    (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 $160,484 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 to be the acts or omissions 
of that carrier or shipper, as well as 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 $320 for the first violation and $401 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 $803 for the first 
violation and up to $3,210 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 $803 for the first violation and up to $3,210 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 $16,048 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 $1,066 and for a 
maximum penalty of $8,025 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 $3,210.
    (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 $803 for each violation if another penalty 
is not provided in 49 U.S.C. chapter 149.
* * * * *
    (21) A person--
    (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 chapter, is liable for a civil penalty of not 
less than $16,048 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 $12,383 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 $30,956 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

[[Page 60753]]

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 $1,239 for each 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 $12,383.
    (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 
sections 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502, or 
a regulation issued under any of those provisions, shall be fined at 
least $2,133 but not more than $5,332 for the first violation and at 
least $2,665 but not more than $7,997 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 $2,133 for the first violation or at least $5,332 for a 
subsequent violation.

PART 578--CIVIL AND CRIMINAL PENALTIES

0
127. The authority citation for 49 CFR part 578 is revised 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
128. Section 578.5 is revised to read as follows:


Sec.  578.5  Inflationary adjustment of civil penalties.

    The civil penalties set forth in this part continue in effect until 
adjusted by the Administrator. The Administrator shall review the 
amount of these civil penalties annually and will, if appropriate, 
adjust them by rule.

0
129. Amend Sec.  578.6 by revising paragraphs (a) through (g), 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) Motor vehicle safety--(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 prescribed under any of those sections is liable to the 
United States Government for a civil penalty of not more than $21,780 
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 for a related series of violations 
is $108,895,910.
    (2) School buses. (i) Notwithstanding paragraph (a)(1) of this 
section, a person who:
    (A) Violates section 30112(a)(1) of Title 49 United States Code by 
the manufacture, sale, offer for sale, introduction or delivery for 
introduction into interstate commerce, or importation of a school bus 
or school bus equipment (as those terms are defined in 49 U.S.C. 
30125(a)); or
    (B) Violates section 30112(a)(2) of Title 49 United States Code, 
shall be subject to a civil penalty of not more than $12,383 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 for a related series of violations is $18,574,064.
    (3) Section 30166. A person who violates Section 30166 of Title 49 
of the United States Code or a regulation 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 is 
$21,780 per violation per day. The maximum penalty under this paragraph 
for a related series of daily violations is $108,895,910.
    (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), shall 
be subject to a civil penalty of not more than $5,332 per day. The 
maximum penalty under this paragraph for a related series of daily 
violations is $1,066,340.
    (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 $1,739 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 $2,852 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 $3,176,131.
    (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 $2,852 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 for a related series of 
violations is $1,555,656.
    (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 $59,029 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 $1,739 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 prescribed or order issued 
thereunder is liable to the United States Government for a civil 
penalty of not more than $10,663 for each violation. A separate 
violation occurs for each motor vehicle or device involved in the 
violation. The maximum civil penalty under this paragraph for a related 
series of violations is $1,066,340.
    (2) A person that violates 49 U.S.C. Chapter 327 or a regulation 
prescribed or order issued thereunder, with intent to defraud, is 
liable for three times the actual damages or $10,663, 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

[[Page 60754]]

States Government for a civil penalty of not more than $2,343 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 for a 
related series of violations is $585,619.
    (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 $173,951 
a day for each violation.
* * * * *
    (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 $40,852 per vehicle or engine. The 
maximum civil penalty for a related series of violations shall be 
determined by multiplying $40, 852 times the vehicle or engine 
production volume for the model year in question within the regulatory 
averaging set.

    Issued in Washington, DC, under authority delegated at 49 CFR 
1.27(n).
Steven G. Bradbury,
General Counsel.
[FR Doc. 2018-24930 Filed 11-26-18; 8:45 am]
 BILLING CODE 4910-9X-P