Revisions to Civil Penalty Amounts, 37059-37079 [2019-14101]

Download as PDF 37059 Rules and Regulations Federal Register Vol. 84, No. 147 Wednesday, July 31, 2019 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. 1717.856, which resulted in eliminating paragraphs (c)(1) through (4) instead of revising the introductory text only of paragraph (c). This document corrects the final regulation to add those portions that were removed by mistake. The Code of Federal Regulations is sold by the Superintendent of Documents. List of Subject in 7 CFR Part 1717 DEPARTMENT OF AGRICULTURE Rural Utilities Service 7 CFR Part 1717 RIN 0572–AC40 Streamlining Electric Program Procedures Rural Utilities Service, USDA. ACTION: Correcting amendment. AGENCY: The Rural Utilities Service (RUS or Agency) published a final rule in the Federal Register on July 9, 2019, entitled ‘‘Streamlining Electric Program Procedures,’’ to make revisions to several regulations to streamline its procedures for Electric Program borrowers, including its loan application requirements, approval of work plans and load forecasts, use of approved contracts and system design procedures. The Agency found an error in this publication, after the published rule became effective. This document will correct the final regulation. DATES: Effective on July 31, 2019. FOR FURTHER INFORMATION CONTACT: Michele Brooks, Team Lead, Rural Development Innovation Center— Regulatory Team, USDA, 1400 Independence Avenue SW, Stop 1522, Room 4266, South Building, Washington, DC 20250–1522. Telephone: (202) 690–1078. Email michele.brooks@wdc.usda.gov. SUPPLEMENTARY INFORMATION: SUMMARY: Need for Correction On July 9, 2019 (84 FR 32607), the Rural Utilities Services (RUS) issued a final rule entitled ‘‘Streamlining Electric Program Procedures,’’ to revise several regulations to streamline its procedures for Electric Program borrowers, including its loan application requirements, approval of work plans and load forecasts, use of approved contracts and system design procedures. Inadvertently, revisions were made to the entire paragraph (c) of section VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 Administrative practice and procedure, Electric power, Electric power rates, Electric Utilities, Intergovernmental relations, Investments, Loan program-energy, Reporting and recordkeeping requirements, Rural areas. PART 1717—POST-LOAN POLICIES AND PROCEDURES COMMON TO INSURED AND GUARANTEED ELECTRIC LOANS 1. The authority citation for part 1717 continues to read as follows: ■ Authority: 7 U.S.C. 901 et seq., 1921 et seq., 6941 et seq. Subpart R—Lien Accommodations and Subordinations for 100 Percent Private Financing 2. Amend § 1717.856 by adding paragraph (c)(1) through (c)(4), to read as follows: ■ § 1717.856 Application contents: Normal review—100 percent private financing. * * * * * (c) * * * (1) The borrower is current on all of its financial obligations and is in compliance with all requirements of its mortgage and loan agreement with RUS; (2) In RUS’s judgment, granting a lien accommodation or subordination for the proposed loan will not adversely affect the repayment and security of outstanding debt of the borrower owed to or guaranteed by RUS; (3) The borrower has achieved the TIER and DSC and any other coverage ratios required by its mortgage or loan contract in each of the two most recent calendar years; and (4) The amount of the proposed loan does not exceed the lesser of $10 million or 10 percent of the borrower’s current net utility plant; * * * * * Chad Rupe, Administrator, Rural Utilities Service. [FR Doc. 2019–15859 Filed 7–30–19; 8:45 am] BILLING CODE 3410–15–P PO 00000 Frm 00001 Fmt 4700 Sfmt 4700 DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Parts 13 and 406 Office of the Secretary 14 CFR Part 383 Saint Lawrence Seaway Development Corporation 33 CFR Part 401 Maritime Administration 46 CFR Parts 221, 307, 340, and 356 Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, and 190 Federal Railroad Administration 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 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–AE80 Revisions to Civil Penalty Amounts Department of Transportation. Final rule. AGENCY: ACTION: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2019 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. DATES: Effective July 31, 2019. FOR FURTHER INFORMATION CONTACT: Analiese Marchesseault, AttorneyAdvisor, Office of the General Counsel, U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, analiese.marchesseault@dot.gov. SUMMARY: E:\FR\FM\31JYR1.SGM 31JYR1 37060 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations 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 catchup 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. 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 14, 2018, OMB released this required guidance, in OMB Memorandum M–19–04, which provides instructions on how to calculate the 2019 annual adjustment. To derive the 2019 adjustment, the Department must multiply the maximum or minimum penalty amount by the percent change between the October 2018 Consumer Price Index for All Urban Consumers (CPI–U) and the October 2017 CPI–U. In this case, as explained in OMB Memorandum M–19– 04, the percent change between the October 2018 CPI–U and the October 2017 CPI–U is 1.02522. I. Background II. Dispensing With Notice and Comment On November 2, 2015, the President signed into law the 2015 Act, which amended the FCPIAA, to improve the This final rule is being published without notice and comment and with an immediate effective date. The 2015 Act provides clear direction for how to adjust the civil penalties, and clearly states at section 4(b)(2) that this adjustment shall be made ‘‘notwithstanding section 553 of title 5, United States Code.’’ By operation of the 2015 Act, DOT must publish an annual adjustment by January 15 of every year, and the new levels take effect upon publication of the rule. Accordingly, DOT is publishing this final rule without prior notice and comment, and with an immediate effective date. III. Discussion of the Final Rule In 2016, OST and DOT’s operating administrations with civil monetary penalties promulgated the ‘‘catch up’’ IFR required by the 2015 Act. All DOT operating administrations have already finalized their ‘‘catch up’’ IFRs and this rule makes the annual 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 2019 Adjustments OST’s 2019 civil penalty adjustments are summarized in the chart below. Existing penalty New penalty (existing penalty × 1.02522) Description Citation General civil penalty for violations of certain aviation economic regulations and statutes. General civil penalty for violations of certain aviation economic regulations and statutes involving an individual or small business concern. Civil penalties for individuals or small businesses for violations of most provisions of Chapter 401 of Title 49, including the anti-discrimination provisions of sections 40127 and 41705 and rules and orders issued pursuant to these provisions. Civil penalties for individuals or small businesses for violations of 49 U.S.C. 41719 and rules and orders issued pursuant to that provision. Civil penalties for individuals or small businesses for violations of 49 U.S.C. 41712 or consumer protection rules and orders issued pursuant to that provision. 49 U.S.C. 46301(a)(1) ................. $33,333 $34,174 49 U.S.C. 46301(a)(1) ................. 1,466 1,503 49 U.S.C. 46301(a)(5)(A) ............ 13,333 13,669 49 U.S.C. 46301(a)(5)(C) ............ 6,666 6,834 49 U.S.C. 46301(a)(5)(D) ............ 3,334 3,418 B. FAA 2019 Adjustments The FAA’s 2019 adjustments are summarized in the chart below. Description Citation Violation of hazardous materials transportation law .......... 49 U.S.C. 5123(a)(1) .................................. 1 28 Existing penalty $79,976 U.S.C. 2461 note. VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 PO 00000 Frm 00002 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM 31JYR1 New penalty (existing penalty × 1.02522) $81,993 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations New penalty (existing penalty × 1.02522) Description Citation Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction. Minimum penalty for violation of hazardous materials transportation law relating to training. Maximum penalty for violation of hazardous materials transportation law relating to training. Violation by a person other than an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B). Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)). Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered in 49 U.S.C. 46301(a)(5)). Violation by an individual or small business concern (except an airman serving as an airman) under 49 U.S.C. 46301(a)(5)(A)(i) or (ii). Violation by an individual or small business concern related to the transportation of hazardous materials. Violation by an individual or small business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation. Violation by an individual or small business concern of 49 U.S.C. 44718(d), relating to limitation on construction or establishment of landfills. Violation by an individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts. Tampering with a smoke alarm device .............................. Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States. Interference with cabin or flight crew ................................. Permanent closure of an airport without providing sufficient notice. Operating an unmanned aircraft and in so doing knowingly or recklessly interfering with a wildfire suppression, law enforcement, or emergency response effort. Violation of 51 U.S.C. 50901–50923, a regulation issued under these statutes, or any term or condition of a license or permit issued or transferred under these statutes. 49 U.S.C. 5123(a)(2) .................................. 186,610 191,316 49 U.S.C. 5123(a)(3) .................................. 481 493 49 U.S.C. 5123(a)(3) .................................. 79,976 81,993 49 U.S.C. 46301(a)(1) ................................ 33,333 34,174 49 U.S.C. 46301(a)(1) ................................ 1,466 1,501 49 U.S.C. 46301(a)(1) ................................ 1,466 1,501 49 U.S.C. 46301(a)(5)(A) ........................... 13,333 13,669 49 U.S.C. 46301(a)(5)(B)(i) ........................ 13,333 13,669 49 U.S.C. 46301(a)(5)(B)(ii) ....................... 13,333 13,669 49 U.S.C. 46301(a)(5)(B)(iii) ....................... 13,333 13,669 49 U.S.C. 46301(a)(5)(B)(iv) ...................... 13,333 13,669 49 U.S.C. 46301(b) ..................................... 49 U.S.C. 46302 ......................................... 4,280 23,246 4,388 23,832 49 U.S.C. 46318 ......................................... 49 U.S.C. 46319 ......................................... 2 35,000 13,333 35,883 13,669 49 U.S.C. 46320 ......................................... 20,408 20,923 51 U.S.C. 50917(c) ..................................... 234,247 240,155 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 Description 2 Congress amended § 46318 on October 5, 2018, to increase the statutory maximum from $25,000 to $35,000. FAA Reauthorization Act of 2018, Public Law 115–254, section 339, 132 Stat. 3186, 3282. Accordingly, the inflation adjustment is being applied to this statutory maximum. 3 On December 28, 2016, NHTSA published a final rule regarding some aspects of its IFR 19:26 Jul 30, 2019 Jkt 247001 manner as the section 46301(a)(1) and (a)(5) civil penalties. C. NHTSA 2019 Adjustments NHTSA’s 2019 civil penalty adjustments are summarized in the chart below.3 Citation Maximum penalty amount for each violation of the Safety Act ........ VerDate Sep<11>2014 Existing penalty 37061 49 U.S.C. 30165(a)(3). Existing penalty 30165(a)(1), 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 PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 $21,780 New penalty (existing penalty × 1.02522) $22,329 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. E:\FR\FM\31JYR1.SGM 31JYR1 37062 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations Citation Maximum penalty amount for a related series of violations of the Safety Act. Maximum penalty per school bus related violation of the Safety Act Maximum penalty amount for a series of school bus related violations of the Safety Act. Maximum penalty per violation for filing false or misleading reports Maximum penalty amount for a series of violations related to filing false or misleading reports. Maximum penalty amount for each violation of the reporting requirements related to maintaining the National Motor Vehicle Title Information System. Maximum penalty amount for each violation of a bumper standard under the Motor Vehicle Information and Cost Savings Act (Pub. L. 92–513, 86 Stat. 953, (1972)). Maximum penalty amount for a series of violations of a bumper standard under the Motor Vehicle Information and Cost Savings Act (Pub. L. 92–513, 86 Stat. 953, (1972)). Maximum penalty amount for each violation of 49 U.S.C. 32308(a) related to providing information on crashworthiness and damage susceptibility. Maximum penalty amount for a series of violations of 49 U.S.C. 32308(a) related to providing information on crashworthiness and damage susceptibility. Maximum penalty for each violation related to the tire fuel efficiency information program. Maximum civil penalty for 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 violation related to odometer tampering and disclosure. Maximum penalty amount for a related series of violations related to odometer tampering and disclosure. Maximum penalty amount per violation related to odometer tampering and disclosure with intent to defraud. Maximum penalty amount for each violation of the Motor 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 related series of violations 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 violations of the Anti-Car Theft Act (Pub. L. 102–519, 106 Stat. 3393 (1992)) related to operation of a chop shop. Maximum civil penalty for a violation under the medium- and heavy-duty vehicle fuel efficiency program. 49 U.S.C. 30165(a)(1), 30165(a)(3). 49 U.S.C. 30165(a)(2)(A) ............ 49 U.S.C. 30165(a)(2)(B) ............ 108,895,910 111,642,265 12,383 18,574,064 12,695 19,042,502 49 U.S.C. 30165(a)(4) ................. 49 U.S.C. 30165(a)(4) ................. 5,332 1,066,340 5,466 1,093,233 49 U.S.C. 30505 ......................... 1,739 1,783 49 U.S.C. 32507(a) ..................... 2,852 2,924 49 U.S.C. 32507(a) ..................... 3,176,131 3,256,233 49 U.S.C. 32308(b) ..................... 2,852 2,924 49 U.S.C. 32308(b) ..................... 1,555,656 1,594,890 49 U.S.C. 32308(c) ..................... 59,029 60,518 49 U.S.C. 32309 ......................... 1,739 1,783 49 U.S.C. 32709 ......................... 10,663 10,932 49 U.S.C. 32709 ......................... 1,066,340 1,093,233 49 U.S.C. 32710 ......................... 10,663 10,932 49 U.S.C. 33115(a) ..................... 2,343 2,402 49 U.S.C. 33115(a) ..................... 585,619 600,388 49 U.S.C. 33115(b) ..................... 173,951 178,338 49 U.S.C. 32902 ......................... 40,852 41,882 D. FMCSA 2019 Adjustments FMCSA’s civil penalties affected by this rule are all located in Appendices Existing penalty New penalty (existing penalty × 1.02522) Description A and B to 49 CFR part 386. The 2019 adjustments to these civil penalties are summarized in the chart below. Citation Appendix A II Subpoena .................................................... Appendix A II Subpoena .................................................... Appendix A IV (a) Out-of-service order (operation of CMV by driver). Appendix A IV (b) Out-of-service order (requiring or permitting operation of CMV by driver). Appendix A IV (c) Out-of-service order (operation by driver of CMV or intermodal equipment that was placed out of service). Appendix A IV (d) Out-of-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service). Appendix A IV (e) Out-of-service order (failure to return written certification of correction). 49 U.S.C. 525 ............................................. 49 U.S.C. 525 ............................................. 49 U.S.C. 521(b)(7) .................................... $1,066 10,663 1,848 $1,093 10,932 1,895 49 U.S.C. 521(b)(7)) ................................... 18,477 18,943 49 U.S.C. 521(b)(7) .................................... 1,848 1,895 49 U.S.C. 521(b)(7) .................................... 18,477 18,943 49 U.S.C. 521(b)(2)(B) ............................... 924 947 VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 PO 00000 Frm 00004 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM Existing penalty New penalty (existing penalty × 1.02522) Description 31JYR1 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations New penalty (existing penalty × 1.02522) Description Citation Appendix A IV (g) Out-of-service order (failure to cease operations as ordered). Appendix A IV (h) Out-of-service order (operating in violation of order). Appendix A IV (i) Out-of-service order (conducting operations during suspension or revocation for failure to pay penalties). Appendix A IV (j) (conducting operations during suspension or revocation). Appendix B (a)(1) Recordkeeping—maximum penalty per day. Appendix B (a)(1) Recordkeeping—maximum total penalty. Appendix B (a)(2) Knowing falsification of records ............ Appendix B (a)(3) Non-recordkeeping violations ............... Appendix B (a)(4) Non-recordkeeping violations by drivers. Appendix B (a)(5) Violation of 49 CFR 392.5 (first conviction). Appendix B (a)(5) Violation of 49 CFR 392.5 (second or subsequent conviction). Appendix B (b) Commercial driver’s license (CDL) violations. Appendix B (b)(1): Special penalties pertaining to violation of out-of-service orders (first conviction). Appendix B (b)(1) Special penalties pertaining to violation of out-of-service orders (second or subsequent conviction). Appendix B (b)(2) Employer violations pertaining to knowingly allowing, authorizing employee violations of outof-service order (minimum penalty). Appendix B (b)(2) Employer violations pertaining to knowingly allowing, authorizing employee violations of outof-service order (maximum penalty). Appendix B (b)(3) Special penalties pertaining to railroadhighway grade crossing violations. Appendix B (d) Financial responsibility violations .............. Appendix B (e)(1) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (transportation or shipment of hazardous materials). Appendix B (e)(2) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training)—minimum penalty. Appendix B (e)(2): Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training)—maximum penalty. Appendix B (e)(3) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (packaging or container). Appendix B (e)(4): Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (compliance with FMCSRs). Appendix B (e)(5) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property). Appendix B (f)(1) Operating after being declared unfit by assignment of a final ‘‘unsatisfactory’’ safety rating (generally). Appendix B (f)(2) Operating after being declared unfit by assignment of a final ‘‘unsatisfactory’’ safety rating (hazardous materials)—maximum penalty. Appendix B (f)(2): Operating after being declared unfit by assignment of a final ‘‘unsatisfactory’’ safety rating (hazardous materials)—maximum penalty if death, serious illness, severe injury to persons; destruction of property. Appendix B (g)(1): Violations of the commercial regulations (CR) (property carriers). Appendix B (g)(2) Violations of the CRs (brokers) ............ Appendix B (g)(3) Violations of the CRs (passenger carriers). 49 U.S.C. 521(b)(2)(F) ................................ 26,659 27,331 49 U.S.C. 521(b)(7) .................................... 23,426 24,017 49 U.S.C. 521(b)(2)(A) and (b)(7)) ............. 15,040 15,419 49 U.S.C. 521(b)(7) .................................... 23,426 24,017 49 U.S.C. 521(b)(2)(B)(i) ............................ 1,239 1,270 49 U.S.C. 521(b)(2)(B)(i) ............................ 12,383 12,695 49 U.S.C. 521(b)(2)(B)(ii) ........................... 49 U.S.C. 521(b)(2)(A) ............................... 49 U.S.C. 521(b)(2)(A) ............................... 12,383 15,040 3,760 12,695 15,419 3,855 49 U.S.C. 31310(i)(2)(A) ............................. 3,096 3,174 49 U.S.C. 31310(i)(2)(A) ............................. 6,192 6,348 49 U.S.C. 521(b)(2)(C) ............................... 5,591 5,732 49 U.S.C. 31310(i)(2)(A) ............................. 3,096 3,174 49 U.S.C. 31310(i)(2)(A) ............................. 6,192 6,348 49 U.S.C. 521(b)(2)(C) ............................... 5,591 5,732 49 U.S.C. 31310(i)(2)(C) ............................ 30,956 31,737 49 U.S.C. 31310(j)(2)(B) ............................. 16,048 16,453 49 U.S.C. 31138(d)(1), 31139(g)(1) ........... 49 U.S.C. 5123(a)(1) .................................. 16,499 79,976 16,915 81,993 49 U.S.C. 5123(a)(3) .................................. 481 493 49 U.S.C. 5123(a)(1) .................................. 79,976 81,993 49 U.S.C. 5123(a)(1) .................................. 79,976 81,993 49 U.S.C. 5123(a)(1) .................................. 79,976 81,993 49 U.S.C. 5123(a)(2) .................................. 186,610 191,316 49 U.S.C. 521(b)(2)(F) ................................ 26,659 27,331 49 U.S.C. 5123(a)(1) .................................. 79,976 81,993 49 U.S.C. 5123(a)(2) .................................. 186,610 191,316 49 U.S.C. 14901(a) ..................................... 10,663 10,932 49 U.S.C. 14916(c) ..................................... 49 U.S.C. 14901(a) ..................................... 10,663 26,659 10,932 27,331 VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 PO 00000 Frm 00005 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM Existing penalty 37063 31JYR1 37064 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations Citation Appendix B (g)(4) Violations of the CRs (foreign motor carriers, foreign motor private carriers). Appendix B (g)(5) Violations of the CRs (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 (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 (motor carrier or broker for transportation of hazardous wastes)—minimum penalty. Appendix B (g)(6) Violations of the CRs (motor carrier or broker for transportation of hazardous wastes)—maximum penalty. Appendix B (g)(7): Violations of the CRs (HHG carrier or freight forwarder, or their receiver or trustee). Appendix B (g)(8) Violation of the CRs (weight of HHG shipment, charging for services)—minimum penalty for first violation. Appendix B (g)(8) Violation of the CRs (weight of HHG shipment, charging for services) subsequent violation. Appendix B (g)(10) Tariff violations ................................... Appendix B (g)(11) Additional tariff violations (rebates or concessions)—first violation. Appendix B (g)(11) Additional tariff violations (rebates or concessions)—subsequent violations. Appendix B (g)(12): Tariff violations (freight forwarders)— maximum penalty for first violation. Appendix B (g)(12): Tariff violations (freight forwarders)— maximum penalty for subsequent violations. Appendix B (g)(13): Service from freight forwarder at less than rate in effect—maximum penalty for first violation. Appendix B (g)(13): Service from freight forwarder at less than rate in effect—maximum penalty for subsequent violation(s). Appendix B (g)(14): Violations related to loading and unloading motor vehicles. Appendix B (g)(16): Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B (except 13901 and 13902(c)—minimum penalty. Appendix B (g)(16): Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B—maximum penalty. Appendix B (g)(17): Unauthorized disclosure of information. Appendix B (g)(18): Violation of 49 U.S.C. subtitle IV, part B, or condition of registration. Appendix B (g)(21)(i): Knowingly and willfully fails to deliver or unload HHG at destination. Appendix B (g)(22): HHG broker estimate before entering into an agreement with a motor carrier. Appendix B (g)(23): HHG transportation or broker services—registration requirement. Appendix B (h): Copying of records and access to equipment, lands, and buildings—maximum penalty per day. Appendix B (h): Copying of records and access to equipment, lands, and buildings—maximum total penalty. Appendix B (i)(1): Evasion of regulations 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 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 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). 49 U.S.C. 14901(a) ..................................... 10,663 10,932 49 U.S.C. 14901 note ................................. 14,664 15,034 49 U.S.C. 14901 note ................................. 36,662 37,587 49 U.S.C. 14901(b) ..................................... 21,327 21,865 49 U.S.C. 14901(b) ..................................... 42,654 43,730 I49 U.S.C. 14901(d)(1) ............................... 1,604 1,644 49 U.S.C. 14901(e) ..................................... 3,210 3,291 49 U.S.C. 14901(e) ..................................... 8,025 8,227 49 U.S.C. 13702, 14903 ............................. 49 U.S.C. 14904(a) ..................................... 160,484 320 164,531 328 49 U.S.C. 14904(a) ..................................... 401 411 49 U.S.C. 14904(b)(1) ................................ 803 823 49 U.S.C. 14904(b)(1) ................................ 3,210 3,291 49 U.S.C. 14904(b)(2) ................................ 803 823 49 U.S.C. 14904(b)(2) ................................ 3,210 3,291 49 U.S.C. 14905 ......................................... 16,048 16,453 49 U.S.C. 14901 ......................................... 1,066 1,093 49 U.S.C. 14907 ......................................... 8,025 8,227 49 U.S.C. 14908 ......................................... 3,210 3,291 49 U.S.C. 14910 ......................................... 803 823 49 U.S.C. 14905 ......................................... 16,048 16,453 49 U.S.C. 14901(d)(2) ................................ 12,383 12,695 49 U.S.C. 14901 (d)(3) ............................... 30,956 31,737 49 U.S.C. 521(b)(2)(E) ............................... 1,239 1,270 49 U.S.C. 521(b)(2)(E) ............................... 12,383 12,695 49 U.S.C. 524 ............................................. 2,133 2,187 49 U.S.C. 524 ............................................. 5,332 5,466 49 U.S.C. 524 ............................................. 2,665 2,732 VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 PO 00000 Frm 00006 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM Existing penalty New penalty (existing penalty × 1.02522) Description 31JYR1 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations Existing penalty 37065 New penalty (existing penalty × 1.02522) Description Citation Appendix B (i)(1): Evasion of regulations 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 under 49 U.S.C. subtitle IV, part B—minimum penalty for first violation. Appendix B (i)(2): Evasion of regulations under 49 U.S.C. subtitle IV, part B—minimum penalty for subsequent violation(s). 49 U.S.C. 524 ............................................. 7,997 8,199 49 U.S.C. 14906 ......................................... 2,133 2,187 49 U.S.C. 14906 ......................................... 5,332 5,466 E. FRA 2019 Adjustments FRA’s 2019 civil penalty adjustments are summarized in the chart below. Description Citation Minimum rail safety penalty ............................................... Ordinary maximum rail safety penalty ............................... Maximum penalty for an aggravated rail safety violation .. Minimum penalty for hazardous materials training violations. Maximum penalty for ordinary hazardous materials violations. Maximum penalty for aggravated hazardous materials violations. 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. Existing penalty New penalty (existing penalty × 1.02522) ch. 213 ....................................... ch. 213 ....................................... ch. 213 ....................................... 5123 ........................................... $870 28,474 113,894 481 $892 29,192 116,766 493 49 U.S.C. 5123 ........................................... 79,976 81,993 49 U.S.C. 5123 ........................................... 186,610 191,316 F. PHMSA 2019 Adjustments PHMSA’s 2019 civil penalty adjustments are summarized in the chart below. Existing penalty New penalty (existing penalty × 1.02522) Description Citation Maximum penalty for hazardous materials violation .......... Maximum penalty for hazardous materials violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. Minimum penalty for hazardous materials training violations. Maximum penalty for each pipeline safety violation .......... Maximum penalty for a related series of pipeline safety violations. Maximum penalty for liquefied natural gas pipeline safety violation. Maximum penalty for discrimination against employees providing pipeline safety information. 49 U.S.C. 5123 ........................................... 49 U.S.C. 5123 ........................................... $79,976 186,610 $81,993 191,316 49 U.S.C. 5123 ........................................... 481 493 49 U.S.C. 60122(a)(1) ................................ 49 U.S.C. 60122(a)(1) ................................ 213,268 2,132,679 218,647 2,186,465 49 U.S.C. 60122(a)(2) ................................ 77,910 79,875 49 U.S.C. 60122(a)(3) ................................ 1,239 1,270 G. MARAD 2019 Adjustments MARAD’s 2019 civil penalty adjustments are summarized in the chart below. Description Citation Maximum civil penalty for a single 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. 46 U.S.C. 31309 ......................................... VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM Existing penalty $20,521 31JYR1 New penalty (existing penalty × 1.02522) $21,038 37066 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations Existing penalty New penalty (existing penalty × 1.02522) Description Citation Maximum civil penalty for a single violation of 46 U.S.C. 31329 as it relates to the court sales of documented vessels. Maximum civil penalty for a single 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 an AMVER report Maximum civil penalty for violating 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 applying for or renewing a vessel’s fishery endorsement. 46 U.S.C. 31330 ......................................... 51,302 52,596 46 U.S.C. 56101(e) ..................................... 19,639 21,134 46 U.S.C. 50113(b) ..................................... 50 U.S.C. 4513 ........................................... 130 25,928 133 26,582 46 U.S.C. 12151 ......................................... 150,404 154,197 H. SLSDC 2019 Adjustments SLSDC’s 2019 civil penalty adjustment is as follows: Description Citation Maximum civil penalty for each violation of the Seaway Rules and Regulations at 33 CFR part 401. 33 U.S.C. 1232 ........................................... an NPRM is not required, the RFA does not apply. Regulatory Analysis and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures This final rule has been evaluated in accordance with existing policies and procedures and is considered not significant under Executive Orders 12866 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: If, under the APA or any rule of general applicability governing federal grants to state and local governments, the agency is required to publish a general notice of proposed rulemaking (NPRM), the RFA must be considered [citing 5 U.S.C. 604(a)]. . . . If 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. VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 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 PO 00000 Frm 00008 Fmt 4700 Sfmt 4700 Existing penalty New penalty (existing penalty × 1.02522) $91,901 $94,219 Indian tribal governments, the funding and consultation requirements of Executive Order 13175 do not apply. E. Paperwork Reduction Act Under the Paperwork Reduction Act, before an agency submits a proposed collection of information to OMB for approval, it must publish a document in the Federal Register providing notice of and a 60-day comment period on, and otherwise consult with members of the public and affected agencies concerning, each proposed collection of information. This final rule imposes no new information reporting or record keeping necessitating clearance by OMB. F. National Environmental Policy Act The Department has analyzed the environmental impacts of this final rule pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impacts (44 FR 56420, Oct. 1, 1979 as amended July 13, 1982 and July 30, 1985). Categorical exclusions are actions identified in an agency’s NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a categorical exclusion, the agency must also consider whether E:\FR\FM\31JYR1.SGM 31JYR1 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations 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. 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. 37067 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 171 Definitions, General information, Regulations 49 CFR Part 224 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 190 Administrative practice and procedure, Penalties, Pipeline safety. 49 CFR Part 225 Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 209 Administrative practice and procedure, Hazardous materials transportation, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 227 Noise control, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements. 14 CFR Part 13 49 CFR Part 213 Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 228 Penalties, Railroad employees, Reporting and recordkeeping requirements. Administrative practice and procedure, Air transportation, Hazardous materials transportation, Investigations, Law enforcement, Penalties. 49 CFR Part 214 Bridges, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 229 Penalties, Railroad safety, Reporting and recordkeeping requirements. 14 CFR Part 383 49 CFR Part 215 Freight, Penalties, Railroad safety, Reporting and recordkeeping requirements. List of Subjects 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. VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 49 CFR Part 230 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 231 Penalties, Railroad safety. 49 CFR Part 216 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 232 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 217 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 233 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 218 Occupational safety and health, Penalties, Railroad employees, Railroad 49 CFR Part 234 Highway safety, Penalties, Railroad safety, Reporting and recordkeeping PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM 31JYR1 37068 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations 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 242 Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. II and III, 33 CFR part 401, 46 CFR chapter II, and 49 CFR chapters I, II, III, and V as follows: 49 CFR Part 243 Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 49 CFR Part 244 Administrative practice and procedure, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 237 Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 238 Incorporation by reference, Passenger Equipment, 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 270 Penalties, Railroad safety, Reporting and recordkeeping requirements, 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. Accordingly, the Department of Transportation amends 14 CFR chapters Title 14—Aeronautics and Space 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. ■ 2. Revise § 13.301 to read as follows: § 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 July 31, 2019, notwithstanding references to specific civil penalty amounts elsewhere in this part. (c) Minimum and maximum civil monetary penalties are as follows: TABLE 1 TO § 13.301: MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS United States Code citation Civil monetary penalty description 49 U.S.C. 5123(a)(1) .................. Violation of hazardous materials transportation law. Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction. Violation of hazardous materials transportation law relating to training. Violation by a person other than an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B). Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)). 49 U.S.C. 5123(a)(2) .................. 49 U.S.C. 5123(a)(3) .................. 49 U.S.C. 46301(a)(1) ................ 49 U.S.C. 46301(a)(1) ................ VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 PO 00000 Frm 00010 Fmt 4700 2018 minimum penalty amount New minimum penalty amount for violations occurring on or after 07/31/2019, adjusted for inflation N/A N/A $79,976 .............. $81,993. N/A N/A $186,610 ............ $191,316. $481 $493 $79,976 .............. $81,993. N/A N/A $33,333 .............. $34,174. N/A N/A $1,466 ................ $1,501. Sfmt 4700 E:\FR\FM\31JYR1.SGM 2018 maximum penalty amount 31JYR1 New maximum penalty amount for violations occurring on or after 07/31/2019, adjusted for inflation Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations 37069 TABLE 1 TO § 13.301: MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS— Continued 2018 minimum penalty amount New minimum penalty amount for violations occurring on or after 07/31/2019, adjusted for inflation Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered in 49 U.S.C. 46301(a)(5)). Violation of 49 U.S.C. 47107(b) (or any assurance made under such section) or 49 U.S.C. 47133. N/A N/A $1,466 ................ $1,501. N/A N/A No change. Violation by an individual or small business concern (except an airman serving as an airman) under 49 U.S.C. 46301(a)(5)(A)(i) or (ii). Violation by an individual or small business concern related to the transportation of hazardous materials. Violation by an individual or small business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation. Violation by an individual or small business concern of 49 U.S.C. 44718(d), relating to limitation on construction or establishment of landfills. Violation by an individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts. Tampering with a smoke alarm device. Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States. Interference with cabin or flight crew. Permanent closure of an airport without providing sufficient notice. Operating an unmanned aircraft and in so doing knowingly or recklessly interfering with a wildfire suppression, law enforcement, or emergency response effort. Violation of 49 U.S.C. 47528– 47530, relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels. N/A N/A Increase above otherwise applicable maximum amount not to exceed 3 times the amount of revenues that are used in violation of such section. $13,333 .............. $13,669. N/A N/A $13,333 .............. $13,669. N/A N/A $13,333 .............. $13,669. N/A N/A $13,333 .............. $13,669. N/A N/A $13,333 .............. $13,669. N/A N/A $4,280 ................ $4,388. N/A N/A $23,246 .............. $23,832. N/A N/A $35,440 .............. $35,883. N/A N/A $13,333 .............. $13,669. N/A N/A $20,408 .............. $20,923. N/A N/A See 49 U.S.C. 46301(a)(1) and (a)(5), above. See 49 U.S.C. 46301(a)(1) and (a)(5), above. United States Code citation Civil monetary penalty description 49 U.S.C. 46301(a)(1) ................ 49 U.S.C. 46301(a)(3) ................ 49 U.S.C. 46301(a)(5)(A) ........... 49 U.S.C. 46301(a)(5)(B)(i) ........ 49 U.S.C. 46301(a)(5)(B)(ii) ....... 49 U.S.C. 46301(a)(5)(B)(iii) ...... 49 U.S.C. 46301(a)(5)(B)(iv) ...... 49 U.S.C. 46301(b) .................... 49 U.S.C. 46302 ......................... 49 U.S.C. 46318 ......................... 49 U.S.C. 46319 ......................... 49 U.S.C. 46320 ......................... 49 U.S.C. 47531 ......................... VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\31JYR1.SGM 2018 maximum penalty amount 31JYR1 New maximum penalty amount for violations occurring on or after 07/31/2019, adjusted for inflation 37070 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations Authority: 51 U.S.C. 50901–50923. 3. Part 383 is revised to read as follows: ■ 5. Amend § 406.9 by revising paragraph (a) to read as follows: ■ PART 383—CIVIL PENALTIES Sec. 383.1 383.2 § 406.9 Purpose and periodic adjustment. 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. § 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. § 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 $34,174 (or $1.503 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 $13,669 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 $6,834 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 $3,418 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 4. The authority citation for part 406 continues to read as follows: ■ VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 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 $240,155 for each violation. A separate violation occurs for each day the violation continues. * * * * * regulations promulgated thereunder is liable for a civil penalty of not more than $52,596 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 $21,134 for each violation. PART 307—ESTABLISHMENT OF MANDATORY POSITION REPORTING SYSTEM FOR VESSELS 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. Title 33—Navigation and Navigable Waters ■ PART 401—SEAWAY REGULATIONS AND RULES § 307.19 Subpart A—Regulations 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. 7. Amend § 401.102 by revising paragraph (a) to read as follows: ■ § 401.101 Criminal penalty. (a) A person, as described in § 401.101(b) who violates a regulation is liable to a civil penalty of not more than $94,219. * * * * * Title 46—Shipping PART 221—REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND OTHER MARITIME INTERESTS 8. The authority citation for part 221 continues to read as follows: ■ 11. Section 307.19 is revised to read as follows: 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 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). 13. Section 340.9 is revised to read as follows: Authority: 46 U.S.C. chs. 301, 313, and 561; Pub. L. 114–74; 49 CFR 1.93. ■ 9. Section 221.61 is revised to read as follows: § 340.9 ■ § 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 $21,038 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 PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Penalties. The owner or operator of a vessel in the waterborne foreign commerce of the United States is subject to a penalty of $133.00 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. 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 $26,582 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 14. The authority citation for part 356 continues to read as follows: ■ E:\FR\FM\31JYR1.SGM 31JYR1 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations Authority: 46 U.S.C. 12102; 46 U.S.C. 12151; 46 U.S.C. 31322; Pub. L. 105–277, division C, title II, subtitle I, section 203 (46 U.S.C. 12102 note), section 210(e), and section 213(g), 112 Stat. 2681; Pub. L. 107– 20, section 2202, 115 Stat. 168–170; Pub. L. 114–74; 49 CFR 1.93. 15. Amend § 356.49 by revising paragraph (b) to read as follows: ■ § 356.49 Penalties. * * * * * (b) A fine of up to $154,197may 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 MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1802) within the exclusive economic zone of the United States; and * * * * * 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 $81,993 for each violation, except the maximum civil penalty is $191,316 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 $493 for violations relating to training. ■ 18. In appendix A to subpart D of part 107, section II, following the table, under ‘‘B. Penalty Increases for Multiple Counts’’, the first sentence of the second paragraph is revised to read as follows: Title 49—Transportation Appendix A to Subpart D of Part 107— Guidelines for Civil Penalties PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES * 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; 33 U.S.C. 1321(b). 17. Section 107.329 is revised to read as follows: ■ § 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 $81,993 for each violation, except the maximum civil penalty is $191,316 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 $493 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, VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 * * * * 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 $81,993 or $191,316 for a violation occurring on or after July 31, 2019. * * * * * * * * PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 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. 20. Amend § 171.1 by revising paragraph (g) to read as follows: ■ § 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 $81,993 for each violation, except the maximum civil penalty is $191,316 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 $493 for a violation relating to training. PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 37071 PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES 21a. The authority citation for part 190 is revised to read as follows: ■ Authority: 33 U.S.C. 1321(b); 49 U.S.C. 60101 et seq. 21b. Amend § 190.223 by revising paragraphs (a) through (d) to read as follows: ■ § 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 $218,647 for each violation for each day the violation continues, with a maximum administrative civil penalty not to exceed $2,186,465 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 $79,875, 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 $1,270, 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 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. 23. Amend § 209.103 by revising paragraphs (a) and (c) to read as follows: ■ § 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 E:\FR\FM\31JYR1.SGM 31JYR1 37072 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations of not more than $81,993 for each violation, except that— (1) The maximum civil penalty for a violation is $191,316 if the violation results in death, serious illness, or severe injury to any person, or substantial destruction of property and (2) A minimum $493 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 July 31, 2019. ■ 24. Amend § 209.105 by revising the last sentence of paragraph (c) to read as follows: * * * For each regulation or order, the schedule shows two amounts within the $892 to $29,192 range in separate columns, the first for ordinary violations, the second for willful violations (whether committed by railroads or individuals). * * * § 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 $81,993 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 $191,316. § 209.409 [Amended] 25. Amend § 209.409 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ 26. In appendix A to part 209, amend the section ‘‘Penalty Schedules; Assessment of Maximum Penalties’’ by: ■ a. Adding a sentence to the end of the sixth paragraph; ■ b. Revising the fourth sentence of the seventh paragraph; and ■ 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 * * * * * * * * 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 $116,766 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. * * * * * * * * 27. Amend appendix B to part 209 in the introductory text by revising the second sentence of the first paragraph, the last sentence of the second paragraph, and the fifth sentence of the third paragraph to 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 $81,993 penalty, except the maximum civil penalty is $191,316 if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property, and a minimum $493 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 $81,993 and up to and including $191,316 shall always be assessed initially. * * * In fact, FRA reserves the express authority to amend the NOPV to seek a penalty of up to $81,993 for each violation, and up to $191,316 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. * * * PART 213—TRACK SAFETY STANDARDS * 19:26 Jul 30, 2019 Jkt 247001 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. PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 [Amended] 29. In § 213.15, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 214—RAILROAD WORKPLACE SAFETY 30. 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. § 214.5 [Amended] 31. Amend § 214.5 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ ■ PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS 32. 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. § 215.7 [Amended] 33. Amend § 215.7 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ ■ PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT 34. 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. § 216.7 * * * Effective July 31, 2019, the minimum civil monetary penalty was raised from $870 to $892, the ordinary maximum civil monetary penalty was raised from $28,474 to $29,192, and the aggravated maximum civil monetary penalty was raised from $113,894 to $116,766. VerDate Sep<11>2014 * § 213.15 [Amended] 35. Amend § 216.7 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ ■ E:\FR\FM\31JYR1.SGM 31JYR1 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. PART 217—RAILROAD OPERATING RULES ■ ■ ■ § 220.7 36. The authority citation for part 217 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 217.5 [Amended] 37. Amend § 217.5 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ ■ 38. 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. [Amended] 39. Amend § 218.9 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ ■ PART 219—CONTROL OF ALCOHOL AND DRUG USE 40. 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. § 219.10 [Amended] 41. In § 219.10, amend as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ ■ 42. 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, 19:26 Jul 30, 2019 Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. Jkt 247001 [Amended] 45. Amend § 221.7 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 224—REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK 50. 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. § 224.11 [Amended] 51. In § 224.11, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 225—RAILROAD ACCIDENTS/ INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS 52. The authority citation for part 225 continues to read as follows: ■ PART 222—USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS 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. 46. The authority citation for part 222 continues to read as follows: § 225.29 Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. ■ ■ § 222.11 [Amended] 47. Amend § 222.11 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ■ ■ PART 223—SAFETY GLAZING STANDARDS—LOCOMOTIVES, PASSENGER CARS AND CABOOSES 48. The authority citation for part 223 continues to read as follows: [Amended] 53. Amend § 225.29 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 227—OCCUPATIONAL NOISE EXPOSURE 54. 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. ■ Authority: 49 U.S.C. 20102–20103, 20133, 20701–20702, 21301–21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 223.7 PART 220—RAILROAD COMMUNICATIONS VerDate Sep<11>2014 44. The authority citation for part 221 continues to read as follows: ■ ■ ■ ■ § 218.9 PART 221—REAR END MARKING DEVICE—PASSENGER, COMMUTER AND FREIGHT TRAINS § 221.7 PART 218—RAILROAD OPERATING PRACTICES [Amended] 43. Amend § 220.7 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. 37073 [Amended] 49. Amend § 223.7 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ ■ PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 § 227.9 [Amended] 55. In § 227.9, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ E:\FR\FM\31JYR1.SGM 31JYR1 37074 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS 56. 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. § 228.6 [Amended] 57. In § 228.6, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ 58. 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 July 31, 2019, the minimum civil monetary penalty was raised from $870 to $892, the ordinary maximum civil monetary penalty was raised from $28,474 to $29,192, and the aggravated maximum civil monetary penalty was raised from $113,894 to $116,766. * * * * * PART 229—RAILROAD LOCOMOTIVE SAFETY STANDARDS PART 230—STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS ■ 67. The authority citation for part 233 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461, note; and 49 CFR 1.89. 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. § 230.4 § 233.11 ■ 61. The authority citation for part 230 continues to read as follows: [Amended] 62. In § 230.4, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 231—RAILROAD SAFETY APPLIANCE STANDARDS § 231.0 [Amended] § 234.6 64. In § 231.0, amend paragraph (f) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 232—BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON-PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES § 229.7 § 232.11 Jkt 247001 69. 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. 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. 19:26 Jul 30, 2019 PART 234—GRADE CROSSING SAFETY 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. 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. VerDate Sep<11>2014 ■ ■ ■ 60. In § 229.7, amend paragraph (b) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. 68. Amend § 233.11 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ 63. The authority citation for part 231 continues to read as follows: 59. The authority citation for part 229 continues to read as follows: ■ [Amended] ■ ■ [Amended] PART 233—SIGNAL SYSTEMS REPORTING REQUIREMENTS 65. The authority citation for part 232 continues to read as follows: [Amended] PO 00000 Frm 00016 Fmt 4700 70. In § 234.6, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ 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 71. 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. § 235.9 66. In § 232.11, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ Sfmt 4700 [Amended] [Amended] 72. Amend § 235.9 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ ■ E:\FR\FM\31JYR1.SGM 31JYR1 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS 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. 79. The authority citation for part 239 continues to read as follows: § 242.11 PART 236—RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF SIGNAL AND TRAIN CONTROL SYSTEMS, DEVICES, AND APPLIANCES ■ 73. The authority citation for part 236 continues to read as follows: § 239.11 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. ■ 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. § 236.0 [Amended] 74. In § 236.0, amend paragraph (f) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 237—BRIDGE SAFETY STANDARDS 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. § 237.7 [Amended] 76. In § 237.7, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS 77. 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. § 238.11 [Amended] 78. In § 238.11, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 [Amended] 80. Amend § 239.11 as follows: a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ ■ PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS 81. 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. § 240.11 75. The authority citation for part 237 continues to read as follows: ■ 37075 PART 243—TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED RAILROAD EMPLOYEES 87. 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. § 243.7 [Amended] 88. In § 243.7, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ [Amended] 82. In § 240.11, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 241—UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF UNITED STATES RAIL OPERATIONS 83. 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. § 241.15 [Amended] 86. In § 242.11, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 244—REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL 89. The authority citation for part 244 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 244.5 [Amended] [Amended] 90. In § 244.5, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. 84. In § 241.15, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS PART 270—SYSTEM SAFETY PROGRAM 85. The authority citation for part 242 continues to read as follows: ■ ■ ■ PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 91. The authority citation for part 270 continues to read as follows: E:\FR\FM\31JYR1.SGM 31JYR1 37076 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations 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. § 270.7 [Amended] 92. In § 270.7, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 272—CRITICAL INCIDENT STRESS PLANS 93. 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. § 272.11 [Amended] 94. In § 272.11, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$870’’ and add in its place ‘‘$892’’; ■ b. Remove the dollar amount ‘‘$28,474’’ and add in its place ‘‘$29,192’’; and ■ c. Remove the dollar amount ‘‘$113,894’’ and add in its place ‘‘$116,766’’. ■ PART 386—RULES OF PRACTICE FOR FMCSA PROCEEDINGS 95. The authority citation for part 386 continues 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. 96. 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. * * * VerDate Sep<11>2014 * * 19:26 Jul 30, 2019 Jkt 247001 II. Subpoena Violation—Failure to respond to Agency subpoena to appear and testify or produce records. Penalty—minimum of $1,093 but not more than $10,932 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 $1,895 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 $18,943 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—$1,895 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 $18,943 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 $947 per violation. * * * * * g. Violation—Operating in violation of an order issued under § 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 $27,331 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 § 386.73. Penalty—Up to $24,017 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 § 386.83 or § 386.84 for failure to pay penalties. Penalty—Up to $15,419 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 § 385.911, § 385.913, § 385.1009 or § 385.1011. Penalty—Up to $24,017 for each day that operations are conducted during the suspension or revocation period. 97. Amend Appendix B to part 386 by revising the introductory text and paragraphs (a)(1) through (5), (b), (d) 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) * * * (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 $1,270 for each day the violation continues, up to $12,695. (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 $12,695 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 $15,419 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 $3,855. (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 $3,174 for a first conviction and not less than $6,348 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 $5,732; except: E:\FR\FM\31JYR1.SGM 31JYR1 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations (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 $3,174 for a first conviction and not less than $6,348 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 $5,732 or more than $31,737; 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 $16,453. * * * * * (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 $16,915. 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 $81,993 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 $493 and not more than $81,993 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 $81,993 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 $81,993. VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 (5) If any violation subject to the civil penalties set out in paragraphs (e)(1) through (4) of this appendix 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 $191,316 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 $27,331 (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 $81,993 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 $191,316 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 $10,931 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 $10,931 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 $27,331 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 $10,932 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 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 37077 along the United States-Mexico border, is liable for a maximum penalty of $15,034 for an intentional violation and a maximum penalty of $37,587 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 $21,865 and a maximum penalty of $43,730 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 $1,644 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 $3,291 for the first violation and $8,227 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 $164,531 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 $328 for the first violation and $411 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 $823 for the first violation and up to $3,291 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 $823 for the first violation and up to $3,291 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 $16,453 per violation. * * * * * (16) A person required to make a report to the Secretary, answer a question, or make, E:\FR\FM\31JYR1.SGM 31JYR1 37078 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations 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 $1,093 and for a maximum penalty of $8,227 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 $3,291. (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 $823 for each violation if another penalty is not provided in 49 U.S.C. chapter 149. * * * * * (21) * * * (i) Who knowingly and willfully fails, in violation of a contract, to deliver to, or unload at, the destination of a shipment of household goods in interstate commerce for which charges have been estimated by the motor carrier transporting such goods, and for which the shipper has tendered a payment in accordance with part 375, subpart G of this chapter, is liable for a civil penalty of not less than $16,453 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 $12,695 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 $31,737 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 VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 subject to part B of subtitle VI of title 49 U.S.C. who fails to allow promptly, upon demand in person or in writing, the Federal Motor Carrier Safety Administration, an employee designated by the Federal Motor Carrier Safety Administration, or an employee of a MCSAP grant recipient to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property, in accordance with 49 U.S.C. 504(c), 5121(c), and 14122(b), is subject to a civil penalty of not more than $1,270 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 $12,695. (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 $2,187 but not more than $5,466 for the first violation and at least $2,732 but not more than $8,199 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 $2,187 for the first violation or at least $5,466 for a subsequent violation. PART 578—CIVIL AND CRIMINAL PENALTIES 98. 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. 99. In § 578.5, paragraphs (a) through (g) and (i) are revised to read as follows: ■ § 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 $22,329 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 $111,642,265. PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 (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 $12,695 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 $19,042,502. (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 $22,329 per violation per day. The maximum penalty under this paragraph for a related series of daily violations is $111,642,265. (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 $5,466 per day. The maximum penalty under this paragraph for a related series of daily violations is $1,093,233. (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 $1,783 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 $2,924 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 E:\FR\FM\31JYR1.SGM 31JYR1 Federal Register / Vol. 84, No. 147 / Wednesday, July 31, 2019 / Rules and Regulations 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 $3,256,233. (d) Consumer information—(1) Crashworthiness 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 $2,924 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 $1,594,890. (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 $60,518 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 $1,783 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 $10,932 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 $1,093,233. (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 $10,932, whichever is greater. (g) Vehicle theft protection. (1) A person that violates 49 U.S.C. 33114(a)(1)–(4) is liable to the United States Government for a civil penalty of not more than $2,402 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 VerDate Sep<11>2014 19:26 Jul 30, 2019 Jkt 247001 this paragraph for a related series of violations is $600,388. (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 $178,338 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 $41,882 per vehicle or engine. The maximum civil penalty for a related series of violations shall be determined by multiplying $41,882 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), on: June 26, 2019. Steven G. Bradbury, General Counsel. [FR Doc. 2019–14101 Filed 7–30–19; 8:45 am] BILLING CODE 4910–9X–P AGENCY FOR INTERNATIONAL DEVELOPMENT 22 CFR Part 203 RIN 0412–AA91 Streamlining the Registration Process for Private Voluntary Organizations U.S. Agency for International Development (USAID). ACTION: Final rule. AGENCY: USAID is issuing a final rule to rescind the Agency’s rules to streamline the registration process for Private Voluntary Organizations (PVOs). Foreign assistance has evolved since the establishment of the requirement that PVOs register with USAID, and a careful review of the Agency’s business practices has concluded that there is no longer a need for the current, timeconsuming and costly Agency-wide process. The remaining USAID programs required by statute to register PVOs as a condition of eligibility have incorporated a simplified registration process into each of their applications for funding. USAID published the proposed rule and has determined to adopt a final rule to support streamlining the PVO registration process. DATES: This rule is effective August 30, 2019. FOR FURTHER INFORMATION CONTACT: Daniel Grant, Telephone: (202) 712– 0497 or email: dgrant@usaid.gov SUMMARY: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 37079 On February 12, 2019 (84 FR 3351), USAID issued a proposed rule to rescind part 203 of title 22 of the Code of Federal Regulations (CFR) (22 CFR part 203) to streamline the registration process for PVOs. Effective upon the publication of this final rule, PVOs would no longer be required to register with USAID to compete for funding, with the exception of organizations that apply for the Limited Excess-Property Program (LEPP), the Ocean-Freight Reimbursement Program (OFR), or to other Federal Departments and Agencies under Section 607(a) of the Foreign Assistance Act (FAA). Applicants to the LEPP, the OFR, and for assistance under Section 607(a) of the FAA must complete and submit to USAID a selfcertification form to indicate they qualify as a PVO. The self-certification form, which an authorized representative of the applicant organization must sign, requires that a PVO confirm whether it is registered as a U.S.-based organization or an international PVO. Rescission of 22 CFR part 203 is expected to reduce the burden on the public significantly; produce a total estimated annual cost savings of $779,406 to USAID; and offer significant savings for the PVO community, projected to range from approximately $2 million to $11 million per year. SUPPLEMENTARY INFORMATION: A. Discussion of Comments USAID received one set of comments from an individual in response to the proposed rule. A discussion of these comments follows: The commenter sought clarification on the rule and the rulemaking process, in addition to the laws associated with the registration of PVOs. The three USAID programs that require registration because of statute are the LEPP, the OFR, and applications to other U.S. Government Departments and Agencies that seek to provide foreign assistance in accordance with Section 607(a) of the FAA. The statute is silent on the methodology for registration. While 22 CFR part 203 details a specific process, USAID has determined it is duplicative of pre-award assessments and due-diligence requirements the Agency already undertakes with all prospective awardees. Maintaining both sets of requirements imposes a significant cost burden on PVOs (and PVOs only) to obtain and maintain registration, a process largely duplicated if a PVO is considered for an award. Replacing 22 CFR part 203 with a legally compliant, simplified selfcertification would streamline the process significantly. USAID is updating E:\FR\FM\31JYR1.SGM 31JYR1

Agencies

[Federal Register Volume 84, Number 147 (Wednesday, July 31, 2019)]
[Rules and Regulations]
[Pages 37059-37079]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2019-14101]


=======================================================================
-----------------------------------------------------------------------

DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Parts 13 and 406

Office of the Secretary

14 CFR Part 383

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

Maritime Administration

46 CFR Parts 221, 307, 340, and 356

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, and 190

Federal Railroad Administration

49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 
223, 224, 225, 227, 228, 229, 230, 231, 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-AE80


Revisions to Civil Penalty Amounts

AGENCY: Department of Transportation.

ACTION: Final rule.

-----------------------------------------------------------------------

SUMMARY: In accordance with the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015, this final rule provides the 
2019 inflation adjustment to civil penalty amounts that may be imposed 
for violations of certain DOT regulations.

DATES: Effective July 31, 2019.

FOR FURTHER INFORMATION CONTACT: Analiese Marchesseault, Attorney-
Advisor, Office of the General Counsel, U.S. Department of 
Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 
[email protected].

[[Page 37060]]


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 the FCPIAA, to improve the effectiveness of civil 
monetary penalties and to maintain their deterrent effect. The 2015 Act 
requires federal agencies to: (1) Adjust the level of civil monetary 
penalties with an initial ``catch-up'' adjustment through an interim 
final rule (IFR); and (2) make subsequent annual adjustments 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 14, 2018, OMB 
released this required guidance, in OMB Memorandum M-19-04, which 
provides instructions on how to calculate the 2019 annual adjustment. 
To derive the 2019 adjustment, the Department must multiply the maximum 
or minimum penalty amount by the percent change between the October 
2018 Consumer Price Index for All Urban Consumers (CPI-U) and the 
October 2017 CPI-U. In this case, as explained in OMB Memorandum M-19-
04, the percent change between the October 2018 CPI-U and the October 
2017 CPI-U is 1.02522.
---------------------------------------------------------------------------

    \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. Accordingly, DOT is publishing this final 
rule without prior notice and comment, and with an immediate effective 
date.

III. Discussion of the Final Rule

    In 2016, OST and DOT's operating administrations with civil 
monetary penalties promulgated the ``catch up'' IFR required by the 
2015 Act. All DOT operating administrations have already finalized 
their ``catch up'' IFRs and this rule makes the annual 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 2019 Adjustments

    OST's 2019 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                                                                                                   (existing
                Description                             Citation             Existing penalty      penalty x
                                                                                                    1.02522)
----------------------------------------------------------------------------------------------------------------
General civil penalty for violations of      49 U.S.C. 46301(a)(1)........            $33,333            $34,174
 certain aviation economic regulations and
 statutes.
General civil penalty for violations of      49 U.S.C. 46301(a)(1)........              1,466              1,503
 certain aviation economic regulations and
 statutes involving an individual or small
 business concern.
Civil penalties for individuals or small     49 U.S.C. 46301(a)(5)(A).....             13,333             13,669
 businesses for violations of most
 provisions of Chapter 401 of Title 49,
 including the anti-discrimination
 provisions of sections 40127 and 41705 and
 rules and orders issued pursuant to these
 provisions.
Civil penalties for individuals or small     49 U.S.C. 46301(a)(5)(C).....              6,666              6,834
 businesses for violations of 49 U.S.C.
 41719 and rules and orders issued pursuant
 to that provision.
Civil penalties for individuals or small     49 U.S.C. 46301(a)(5)(D).....              3,334              3,418
 businesses for violations of 49 U.S.C.
 41712 or consumer protection rules and
 orders issued pursuant to that provision.
----------------------------------------------------------------------------------------------------------------

B. FAA 2019 Adjustments

    The FAA's 2019 adjustments are summarized in the chart below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                             Citation             Existing penalty  (existing penalty
                                                                                                   x 1.02522)
----------------------------------------------------------------------------------------------------------------
Violation of hazardous materials             49 U.S.C. 5123(a)(1).........            $79,976            $81,993
 transportation law.

[[Page 37061]]

 
Violation of hazardous materials             49 U.S.C. 5123(a)(2).........            186,610            191,316
 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).........                481                493
 materials transportation law relating to
 training.
Maximum penalty for violation of hazardous   49 U.S.C. 5123(a)(3).........             79,976             81,993
 materials transportation law relating to
 training.
Violation by a person other than an          49 U.S.C. 46301(a)(1)........             33,333             34,174
 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)........              1,466              1,501
 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)........              1,466              1,501
 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).....             13,333             13,669
 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)..             13,333             13,669
 business concern related to the
 transportation of hazardous materials.
Violation by an individual or small          49 U.S.C. 46301(a)(5)(B)(ii).             13,333             13,669
 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)             13,333             13,669
 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).             13,333             13,669
 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)...........              4,280              4,388
Knowingly providing false information about  49 U.S.C. 46302..............             23,246             23,832
 alleged violation involving the special
 aircraft jurisdiction of the United States.
Interference with cabin or flight crew.....  49 U.S.C. 46318..............         \2\ 35,000             35,883
Permanent closure of an airport without      49 U.S.C. 46319..............             13,333             13,669
 providing sufficient notice.
Operating an unmanned aircraft and in so     49 U.S.C. 46320..............             20,408             20,923
 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)...........            234,247            240,155
 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.
---------------------------------------------------------------------------

    \2\ Congress amended Sec.  46318 on October 5, 2018, to increase 
the statutory maximum from $25,000 to $35,000. FAA Reauthorization 
Act of 2018, Public Law 115-254, section 339, 132 Stat. 3186, 3282. 
Accordingly, the inflation adjustment is being applied to this 
statutory maximum.
---------------------------------------------------------------------------

C. NHTSA 2019 Adjustments

    NHTSA's 2019 civil penalty adjustments are summarized in the chart 
below.\3\
---------------------------------------------------------------------------

    \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.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                             Citation             Existing penalty  (existing penalty
                                                                                                  x  1.02522)
----------------------------------------------------------------------------------------------------------------
Maximum penalty amount for each violation    49 U.S.C. 30165(a)(1),                   $21,780            $22,329
 of the Safety Act.                           30165(a)(3).

[[Page 37062]]

 
Maximum penalty amount for a related series  49 U.S.C. 30165(a)(1),               108,895,910        111,642,265
 of violations of the Safety Act.             30165(a)(3).
Maximum penalty per school bus related       49 U.S.C. 30165(a)(2)(A).....             12,383             12,695
 violation of the Safety Act.
Maximum penalty amount for a series of       49 U.S.C. 30165(a)(2)(B).....         18,574,064         19,042,502
 school bus related violations of the
 Safety Act.
Maximum penalty per violation for filing     49 U.S.C. 30165(a)(4)........              5,332              5,466
 false or misleading reports.
Maximum penalty amount for a series of       49 U.S.C. 30165(a)(4)........          1,066,340          1,093,233
 violations related to filing false or
 misleading reports.
Maximum penalty amount for each violation    49 U.S.C. 30505..............              1,739              1,783
 of the reporting requirements related to
 maintaining the National Motor Vehicle
 Title Information System.
Maximum penalty amount for each violation    49 U.S.C. 32507(a)...........              2,852              2,924
 of a bumper standard under the Motor
 Vehicle Information and Cost Savings Act
 (Pub. L. 92-513, 86 Stat. 953, (1972)).
Maximum penalty amount for a series of       49 U.S.C. 32507(a)...........          3,176,131          3,256,233
 violations of a bumper standard under the
 Motor Vehicle Information and Cost Savings
 Act (Pub. L. 92-513, 86 Stat. 953, (1972)).
Maximum penalty amount for each violation    49 U.S.C. 32308(b)...........              2,852              2,924
 of 49 U.S.C. 32308(a) related to providing
 information on crashworthiness and damage
 susceptibility.
Maximum penalty amount for a series of       49 U.S.C. 32308(b)...........          1,555,656          1,594,890
 violations of 49 U.S.C. 32308(a) related
 to providing information on
 crashworthiness and damage susceptibility.
Maximum penalty for each violation related   49 U.S.C. 32308(c)...........             59,029             60,518
 to the tire fuel efficiency information
 program.
Maximum civil penalty for willfully failing  49 U.S.C. 32309..............              1,739              1,783
 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 violation         49 U.S.C. 32709..............             10,663             10,932
 related to odometer tampering and
 disclosure.
Maximum penalty amount for a related series  49 U.S.C. 32709..............          1,066,340          1,093,233
 of violations related to odometer
 tampering and disclosure.
Maximum penalty amount per violation         49 U.S.C. 32710..............             10,663             10,932
 related to odometer tampering and
 disclosure with intent to defraud.
Maximum penalty amount for each violation    49 U.S.C. 33115(a)...........              2,343              2,402
 of the Motor 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 related series  49 U.S.C. 33115(a)...........            585,619            600,388
 of violations 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 violations of the  49 U.S.C. 33115(b)...........            173,951            178,338
 Anti-Car Theft Act (Pub. L. 102-519, 106
 Stat. 3393 (1992)) related to operation of
 a chop shop.
Maximum civil penalty for a violation under  49 U.S.C. 32902..............             40,852             41,882
 the medium- and heavy-duty vehicle fuel
 efficiency program.
----------------------------------------------------------------------------------------------------------------

D. FMCSA 2019 Adjustments

    FMCSA's civil penalties affected by this rule are all located in 
Appendices A and B to 49 CFR part 386. The 2019 adjustments to these 
civil penalties are summarized in the chart below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                             Citation             Existing penalty  (existing penalty
                                                                                                   x 1.02522)
----------------------------------------------------------------------------------------------------------------
Appendix A II Subpoena.....................  49 U.S.C. 525................             $1,066             $1,093
Appendix A II Subpoena.....................  49 U.S.C. 525................             10,663             10,932
Appendix A IV (a) Out-of-service order       49 U.S.C. 521(b)(7)..........              1,848              1,895
 (operation of CMV by driver).
Appendix A IV (b) Out-of-service order       49 U.S.C. 521(b)(7)).........             18,477             18,943
 (requiring or permitting operation of CMV
 by driver).
Appendix A IV (c) Out-of-service order       49 U.S.C. 521(b)(7)..........              1,848              1,895
 (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)..........             18,477             18,943
 (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).......                924                947
 (failure to return written certification
 of correction).

[[Page 37063]]

 
Appendix A IV (g) Out-of-service order       49 U.S.C. 521(b)(2)(F).......             26,659             27,331
 (failure to cease operations as ordered).
Appendix A IV (h) Out-of-service order       49 U.S.C. 521(b)(7)..........             23,426             24,017
 (operating in violation of order).
Appendix A IV (i) Out-of-service order       49 U.S.C. 521(b)(2)(A) and                15,040             15,419
 (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)..........             23,426             24,017
 during suspension or revocation).
Appendix B (a)(1) Recordkeeping--maximum     49 U.S.C. 521(b)(2)(B)(i)....              1,239              1,270
 penalty per day.
Appendix B (a)(1) Recordkeeping--maximum     49 U.S.C. 521(b)(2)(B)(i)....             12,383             12,695
 total penalty.
Appendix B (a)(2) Knowing falsification of   49 U.S.C. 521(b)(2)(B)(ii)...             12,383             12,695
 records.
Appendix B (a)(3) Non-recordkeeping          49 U.S.C. 521(b)(2)(A).......             15,040             15,419
 violations.
Appendix B (a)(4) Non-recordkeeping          49 U.S.C. 521(b)(2)(A).......              3,760              3,855
 violations by drivers.
Appendix B (a)(5) Violation of 49 CFR 392.5  49 U.S.C. 31310(i)(2)(A).....              3,096              3,174
 (first conviction).
Appendix B (a)(5) Violation of 49 CFR 392.5  49 U.S.C. 31310(i)(2)(A).....              6,192              6,348
 (second or subsequent conviction).
Appendix B (b) Commercial driver's license   49 U.S.C. 521(b)(2)(C).......              5,591              5,732
 (CDL) violations.
Appendix B (b)(1): Special penalties         49 U.S.C. 31310(i)(2)(A).....              3,096              3,174
 pertaining to violation of out-of-service
 orders (first conviction).
Appendix B (b)(1) Special penalties          49 U.S.C. 31310(i)(2)(A).....              6,192              6,348
 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).......              5,591              5,732
 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).....             30,956             31,737
 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).....             16,048             16,453
 pertaining to railroad-highway grade
 crossing violations.
Appendix B (d) Financial responsibility      49 U.S.C. 31138(d)(1),                    16,499             16,915
 violations.                                  31139(g)(1).
Appendix B (e)(1) Violations of Hazardous    49 U.S.C. 5123(a)(1).........             79,976             81,993
 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).........                481                493
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (training)--minimum
 penalty.
Appendix B (e)(2): Violations of Hazardous   49 U.S.C. 5123(a)(1).........             79,976             81,993
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (training)--maximum
 penalty.
Appendix B (e)(3) Violations of Hazardous    49 U.S.C. 5123(a)(1).........             79,976             81,993
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (packaging or
 container).
Appendix B (e)(4): Violations of Hazardous   49 U.S.C. 5123(a)(1).........             79,976             81,993
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (compliance with
 FMCSRs).
Appendix B (e)(5) Violations of Hazardous    49 U.S.C. 5123(a)(2).........            186,610            191,316
 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).......             26,659             27,331
 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).........             79,976             81,993
 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).........            186,610            191,316
 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)...........             10,663             10,932
 commercial regulations (CR) (property
 carriers).
Appendix B (g)(2) Violations of the CRs      49 U.S.C. 14916(c)...........             10,663             10,932
 (brokers).
Appendix B (g)(3) Violations of the CRs      49 U.S.C. 14901(a)...........             26,659             27,331
 (passenger carriers).

[[Page 37064]]

 
Appendix B (g)(4) Violations of the CRs      49 U.S.C. 14901(a)...........             10,663             10,932
 (foreign motor carriers, foreign motor
 private carriers).
Appendix B (g)(5) Violations of the CRs      49 U.S.C. 14901 note.........             14,664             15,034
 (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.........             36,662             37,587
 (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)...........             21,327             21,865
 (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)...........             42,654             43,730
 (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).......              1,604              1,644
 (HHG carrier or freight forwarder, or
 their receiver or trustee).
Appendix B (g)(8) Violation of the CRs       49 U.S.C. 14901(e)...........              3,210              3,291
 (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)...........              8,025              8,227
 (weight of HHG shipment, charging for
 services) subsequent violation.
Appendix B (g)(10) Tariff violations.......  49 U.S.C. 13702, 14903.......            160,484            164,531
Appendix B (g)(11) Additional tariff         49 U.S.C. 14904(a)...........                320                328
 violations (rebates or concessions)--first
 violation.
Appendix B (g)(11) Additional tariff         49 U.S.C. 14904(a)...........                401                411
 violations (rebates or concessions)--
 subsequent violations.
Appendix B (g)(12): Tariff violations        49 U.S.C. 14904(b)(1)........                803                823
 (freight forwarders)--maximum penalty for
 first violation.
Appendix B (g)(12): Tariff violations        49 U.S.C. 14904(b)(1)........              3,210              3,291
 (freight forwarders)--maximum penalty for
 subsequent violations.
Appendix B (g)(13): Service from freight     49 U.S.C. 14904(b)(2)........                803                823
 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)........              3,210              3,291
 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..............             16,048             16,453
 loading and unloading motor vehicles.
Appendix B (g)(16): Reporting and            49 U.S.C. 14901..............              1,066              1,093
 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..............              8,025              8,227
 recordkeeping under 49 U.S.C. subtitle IV,
 part B--maximum penalty.
Appendix B (g)(17): Unauthorized disclosure  49 U.S.C. 14908..............              3,210              3,291
 of information.
Appendix B (g)(18): Violation of 49 U.S.C.   49 U.S.C. 14910..............                803                823
 subtitle IV, part B, or condition of
 registration.
Appendix B (g)(21)(i): Knowingly and         49 U.S.C. 14905..............             16,048             16,453
 willfully fails to deliver or unload HHG
 at destination.
Appendix B (g)(22): HHG broker estimate      49 U.S.C. 14901(d)(2)........             12,383             12,695
 before entering into an agreement with a
 motor carrier.
Appendix B (g)(23): HHG transportation or    49 U.S.C. 14901 (d)(3).......             30,956             31,737
 broker services--registration requirement.
Appendix B (h): Copying of records and       49 U.S.C. 521(b)(2)(E).......              1,239              1,270
 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).......             12,383             12,695
 access to equipment, lands, and buildings--
 maximum total penalty.
Appendix B (i)(1): Evasion of regulations    49 U.S.C. 524................              2,133              2,187
 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................              5,332              5,466
 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................              2,665              2,732
 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).

[[Page 37065]]

 
Appendix B (i)(1): Evasion of regulations    49 U.S.C. 524................              7,997              8,199
 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..............              2,133              2,187
 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..............              5,332              5,466
 under 49 U.S.C. subtitle IV, part B--
 minimum penalty for subsequent
 violation(s).
----------------------------------------------------------------------------------------------------------------

E. FRA 2019 Adjustments

    FRA's 2019 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                             Citation             Existing penalty  (existing penalty
                                                                                                   x 1.02522)
----------------------------------------------------------------------------------------------------------------
Minimum rail safety penalty................  49 U.S.C. ch. 213............               $870               $892
Ordinary maximum rail safety penalty.......  49 U.S.C. ch. 213............             28,474             29,192
Maximum penalty for an aggravated rail       49 U.S.C. ch. 213............            113,894            116,766
 safety violation.
Minimum penalty for hazardous materials      49 U.S.C. 5123...............                481                493
 training violations.
Maximum penalty for ordinary hazardous       49 U.S.C. 5123...............             79,976             81,993
 materials violations.
Maximum penalty for aggravated hazardous     49 U.S.C. 5123...............            186,610            191,316
 materials violations.
----------------------------------------------------------------------------------------------------------------

F. PHMSA 2019 Adjustments

    PHMSA's 2019 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                             Citation             Existing penalty  (existing penalty
                                                                                                   x 1.02522)
----------------------------------------------------------------------------------------------------------------
Maximum penalty for hazardous materials      49 U.S.C. 5123...............            $79,976            $81,993
 violation.
Maximum penalty for hazardous materials      49 U.S.C. 5123...............            186,610            191,316
 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...............                481                493
 training violations.
Maximum penalty for each pipeline safety     49 U.S.C. 60122(a)(1)........            213,268            218,647
 violation.
Maximum penalty for a related series of      49 U.S.C. 60122(a)(1)........          2,132,679          2,186,465
 pipeline safety violations.
Maximum penalty for liquefied natural gas    49 U.S.C. 60122(a)(2)........             77,910             79,875
 pipeline safety violation.
Maximum penalty for discrimination against   49 U.S.C. 60122(a)(3)........              1,239              1,270
 employees providing pipeline safety
 information.
----------------------------------------------------------------------------------------------------------------

G. MARAD 2019 Adjustments

    MARAD's 2019 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                             Citation             Existing penalty  (existing penalty
                                                                                                   x 1.02522)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for a single           46 U.S.C. 31309..............            $20,521            $21,038
 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.

[[Page 37066]]

 
Maximum civil penalty for a single           46 U.S.C. 31330..............             51,302             52,596
 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)...........             19,639             21,134
 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)...........                130                133
 an AMVER report.
Maximum civil penalty for violating          50 U.S.C. 4513...............             25,928             26,582
 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..............            150,404            154,197
 applying for or renewing a vessel's
 fishery endorsement.
----------------------------------------------------------------------------------------------------------------

H. SLSDC 2019 Adjustments

    SLSDC's 2019 civil penalty adjustment is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                  New penalty
                Description                             Citation             Existing penalty  (existing penalty
                                                                                                   x 1.02522)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for each violation of  33 U.S.C. 1232...............            $91,901            $94,219
 the Seaway Rules and Regulations at 33 CFR
 part 401.
----------------------------------------------------------------------------------------------------------------

Regulatory Analysis and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule has been evaluated in accordance with existing 
policies and procedures and is considered not significant under 
Executive Orders 12866 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 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 OMB.

F. National Environmental Policy Act

    The Department has analyzed the environmental impacts of this final 
rule pursuant to the National Environmental Policy Act of 1969 (NEPA) 
(42 U.S.C. 4321, et seq.) and has determined that it is categorically 
excluded pursuant to DOT Order 5610.1C, Procedures for Considering 
Environmental Impacts (44 FR 56420, Oct. 1, 1979 as amended July 13, 
1982 and July 30, 1985). Categorical exclusions are actions identified 
in an agency's NEPA implementing procedures that do not normally have a 
significant impact on the environment and therefore do not require 
either an environmental assessment (EA) or environmental impact 
statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a 
categorical exclusion, the agency must also consider whether

[[Page 37067]]

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.

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

[[Page 37068]]

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

    Incorporation by reference, Passenger Equipment, 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, 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.

    Accordingly, the Department of Transportation amends 14 CFR 
chapters II and III, 33 CFR part 401, 46 CFR chapter II, and 49 CFR 
chapters I, II, III, and V as follows:

Title 14--Aeronautics and Space

PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

0
1. The authority citation for part 13 continues to read as follows:

    Authority: 18 U.S.C. 6002, 28 U.S.C. 2461 (note); 49 U.S.C. 
106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44703, 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 July 31, 2019, notwithstanding 
references to specific civil penalty amounts elsewhere in this part.
    (c) Minimum and maximum civil monetary penalties are as follows:

                           Table 1 to Sec.   13.301: Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                        New minimum
                                                                                      penalty amount
                                                                                      for violations                               New maximum penalty
                                           Civil monetary penalty      2018 minimum     occurring on    2018 maximum penalty      amount for violations
     United States Code citation                description           penalty amount   or after  07/           amount           occurring on or after 07/
                                                                                         31/2019,                                 31/2019, adjusted for
                                                                                       adjusted for                                     inflation
                                                                                         inflation
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a)(1).................  Violation of hazardous                    N/A             N/A  $79,976.................  $81,993.
                                        materials transportation law.
49 U.S.C. 5123(a)(2).................  Violation of hazardous                    N/A             N/A  $186,610................  $191,316.
                                        materials transportation law
                                        resulting in death, serious
                                        illness, severe injury, or
                                        substantial property
                                        destruction.
49 U.S.C. 5123(a)(3).................  Violation of hazardous                   $481            $493  $79,976.................  $81,993.
                                        materials transportation law
                                        relating to training.
49 U.S.C. 46301(a)(1)................  Violation by a person other               N/A             N/A  $33,333.................  $34,174.
                                        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  $1,466..................  $1,501.
                                        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)).

[[Page 37069]]

 
49 U.S.C. 46301(a)(1)................  Violation by an individual or             N/A             N/A  $1,466..................  $1,501.
                                        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  $13,333.................  $13,669.
                                        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  $13,333.................  $13,669.
                                        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  $13,333.................  $13,669.
                                        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  $13,333.................  $13,669.
                                        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  $13,333.................  $13,669.
                                        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  $4,280..................  $4,388.
                                        device.
49 U.S.C. 46302......................  Knowingly providing false                 N/A             N/A  $23,246.................  $23,832.
                                        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  $35,440.................  $35,883.
                                        flight crew.
49 U.S.C. 46319......................  Permanent closure of an                   N/A             N/A  $13,333.................  $13,669.
                                        airport without providing
                                        sufficient notice.
49 U.S.C. 46320......................  Operating an unmanned                     N/A             N/A  $20,408.................  $20,923.
                                        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 37070]]


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 $34,174 (or $1.503 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 $13,669 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 $6,834 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 $3,418 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 $240,155 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:


Sec.  401.101  Criminal penalty.

    (a) A person, as described in Sec.  401.101(b) who violates a 
regulation is liable to a civil penalty of not more than $94,219.
* * * * *

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 
$21,038 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 $52,596 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 $21,134 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 $133.00 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 $26,582 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:


[[Page 37071]]


    Authority:  46 U.S.C. 12102; 46 U.S.C. 12151; 46 U.S.C. 31322; 
Pub. L. 105-277, division C, title II, subtitle I, section 203 (46 
U.S.C. 12102 note), section 210(e), and section 213(g), 112 Stat. 
2681; Pub. L. 107-20, section 2202, 115 Stat. 168-170; Pub. L. 114-
74; 49 CFR 1.93.


0
15. Amend Sec.  356.49 by revising paragraph (b) to read as follows:


Sec.  356.49  Penalties.

* * * * *
    (b) A fine of up to $154,197may 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; 33 U.S.C. 1321(b).


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 $81,993 for each 
violation, except the maximum civil penalty is $191,316 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 $493 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 
$81,993 for each violation, except the maximum civil penalty is 
$191,316 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 $493 
for violations relating to training.

0
18. In appendix A to subpart D of part 107, section II, following the 
table, under ``B. Penalty Increases for Multiple Counts'', 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 $81,993 or $191,316 for a 
violation occurring on or after July 31, 2019. * * *
* * * * *

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 $81,993 for each violation, except the maximum civil 
penalty is $191,316 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 $493 for a violation relating to training.

PART 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES

0
21a. The authority citation for part 190 is revised to read as follows:

    Authority:  33 U.S.C. 1321(b); 49 U.S.C. 60101 et seq.

0
21b. 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 $218,647 for 
each violation for each day the violation continues, with a maximum 
administrative civil penalty not to exceed $2,186,465 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 $79,875, 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 $1,270, 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

[[Page 37072]]

of not more than $81,993 for each violation, except that--
    (1) The maximum civil penalty for a violation is $191,316 if the 
violation results in death, serious illness, or severe injury to any 
person, or substantial destruction of property and
    (2) A minimum $493 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 July 31, 
2019.

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 $81,993 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 $191,316.


Sec.  209.409  [Amended]

0
25. Amend Sec.  209.409 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

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 fourth 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 July 31, 2019, the minimum civil monetary 
penalty was raised from $870 to $892, the ordinary maximum civil 
monetary penalty was raised from $28,474 to $29,192, and the 
aggravated maximum civil monetary penalty was raised from $113,894 
to $116,766.
    * * * For each regulation or order, the schedule shows two 
amounts within the $892 to $29,192 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 $116,766 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 in the introductory text by revising 
the second sentence of the first paragraph, the last sentence of the 
second paragraph, and the fifth sentence of the third paragraph to 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 $81,993 penalty, 
except the maximum civil penalty is $191,316 if the violation 
results in death, serious illness or severe injury to any person, or 
substantial destruction of property, and a minimum $493 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 $81,993 and up to and including $191,316 
shall always be assessed initially.
    * * * In fact, FRA reserves the express authority to amend the 
NOPV to seek a penalty of up to $81,993 for each violation, and up 
to $191,316 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. * * *

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 ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 214--RAILROAD WORKPLACE SAFETY

0
30. 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
31. Amend Sec.  214.5 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 215--RAILROAD FREIGHT CAR SAFETY STANDARDS

0
32. 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
33. Amend Sec.  215.7 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

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

0
34. 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
35. Amend Sec.  216.7 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and

[[Page 37073]]

0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 217--RAILROAD OPERATING RULES

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

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


Sec.  217.5  [Amended]

0
 37. Amend Sec.  217.5 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 218--RAILROAD OPERATING PRACTICES

0
38. 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
39. Amend Sec.  218.9 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 219--CONTROL OF ALCOHOL AND DRUG USE

0
40. 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
41. In Sec.  219.10, amend as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 220--RAILROAD COMMUNICATIONS

0
42. 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
43. Amend Sec.  220.7 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

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

0
44. 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
45. Amend Sec.  221.7 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

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

0
46. 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
47. Amend Sec.  222.11 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place

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

0
48. 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
49. Amend Sec.  223.7 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 224--REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK

0
50. 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
51. In Sec.  224.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

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

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

    Authority:  49 U.S.C. 103, 322(a), 20103, 20107, 20901-20902, 
21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  225.29  [Amended]

0
53. Amend Sec.  225.29 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 227--OCCUPATIONAL NOISE EXPOSURE

0
54. 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
55. In Sec.  227.9, amend paragraph (a) as follows:
0
 a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

[[Page 37074]]

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

0
56. 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
57. In Sec.  228.6, amend paragraph (a) as follows:
0
 a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
 b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
 c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

0
58. 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 July 31, 2019, the minimum civil 
monetary penalty was raised from $870 to $892, the ordinary maximum 
civil monetary penalty was raised from $28,474 to $29,192, and the 
aggravated maximum civil monetary penalty was raised from $113,894 
to $116,766.
* * * * *

PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS

0
59. 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
60. In Sec.  229.7, amend paragraph (b) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS

0
61. 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
62. In Sec.  230.4, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 231--RAILROAD SAFETY APPLIANCE STANDARDS

0
63. 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
 64. In Sec.  231.0, amend paragraph (f) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
 b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

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

0
65. 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
 66. In Sec.  232.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 233--SIGNAL SYSTEMS REPORTING REQUIREMENTS

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

    Authority:  49 U.S.C. 504, 522, 20103, 20107, 20501-20505, 
21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  233.11  [Amended]

0
68. Amend Sec.  233.11 as follows:
0
 a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
 b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
 c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 234--GRADE CROSSING SAFETY

0
69. 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
70. In Sec.  234.6, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

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
71. 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
72. Amend Sec.  235.9 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

[[Page 37075]]

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

0
 73. 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
74. In Sec.  236.0, amend paragraph (f) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 237--BRIDGE SAFETY STANDARDS

0
75. 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
76. In Sec.  237.7, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS

0
77. 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
78. In Sec.  238.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 239--PASSENGER TRAIN EMERGENCY PREPAREDNESS

0
79. 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
80. Amend Sec.  239.11 as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS

0
81. 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
82. In Sec.  240.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

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

0
83. 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
84. In Sec.  241.15, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 242--QUALIFICATION AND CERTIFICATION OF CONDUCTORS

0
85. 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
86. In Sec.  242.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

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

0
87. 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
88. In Sec.  243.7, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
 b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

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

0
89. The authority citation for part 244 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559; 
28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  244.5  [Amended]

0
 90. In Sec.  244.5, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 270--SYSTEM SAFETY PROGRAM

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


[[Page 37076]]


    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
92. In Sec.  270.7, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 272--CRITICAL INCIDENT STRESS PLANS

0
93. 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
94. In Sec.  272.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$870'' and add in its place ``$892'';
0
b. Remove the dollar amount ``$28,474'' and add in its place 
``$29,192''; and
0
c. Remove the dollar amount ``$113,894'' and add in its place 
``$116,766''.

PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS

0
95. The authority citation for part 386 continues 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
96. 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.
    Penalty--minimum of $1,093 but not more than $10,932 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 $1,895 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 $18,943 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--$1,895 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 $18,943 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 $947 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 $27,331 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 $24,017 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 $15,419 for each day that operations are 
conducted during the suspension or revocation period.
    j. Violation--Conducting operations during a period of 
suspension or revocation under Sec.  385.911, Sec.  385.913, Sec.  
385.1009 or Sec.  385.1011.
    Penalty--Up to $24,017 for each day that operations are 
conducted during the suspension or revocation period.

0
97. Amend Appendix B to part 386 by revising the introductory text and 
paragraphs (a)(1) through (5), (b), (d) 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) * * *
    (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 $1,270 for each day the violation continues, up to 
$12,695.
    (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 
$12,695 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 $15,419 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 
$3,855.
    (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 $3,174 for a first conviction and not less 
than $6,348 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 $5,732; except:

[[Page 37077]]

    (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 $3,174 
for a first conviction and not less than $6,348 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 $5,732 or more 
than $31,737; 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 $16,453.
* * * * *
    (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 $16,915. 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 $81,993 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 $493 and not more than $81,993 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 $81,993 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 $81,993.
    (5) If any violation subject to the civil penalties set out in 
paragraphs (e)(1) through (4) of this appendix 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 $191,316 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 $27,331 (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 $81,993 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 
$191,316 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 
$10,931 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 
$10,931 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 $27,331 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 $10,932 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 
$15,034 for an intentional violation and a maximum penalty of 
$37,587 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 
$21,865 and a maximum penalty of $43,730 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 $1,644 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 $3,291 for the first 
violation and $8,227 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 $164,531 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 $328 for the first violation and $411 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 $823 for the first 
violation and up to $3,291 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 $823 for the first violation and up to $3,291 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 $16,453 per 
violation.
* * * * *
    (16) A person required to make a report to the Secretary, answer 
a question, or make,

[[Page 37078]]

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 $1,093 and for a maximum penalty of $8,227 
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 $3,291.
    (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 $823 for each violation if another penalty 
is not provided in 49 U.S.C. chapter 149.
* * * * *
    (21) * * *
    (i) Who knowingly and willfully fails, in violation of a 
contract, to deliver to, or unload at, the destination of a shipment 
of household goods in interstate commerce for which charges have 
been estimated by the motor carrier transporting such goods, and for 
which the shipper has tendered a payment in accordance with part 
375, subpart G of this chapter, is liable for a civil penalty of not 
less than $16,453 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 $12,695 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 $31,737 for each violation.
    (h) Copying of records and access to equipment, lands, and 
buildings. A person subject to 49 U.S.C. chapter 51 or a motor 
carrier, broker, freight forwarder, or owner or operator of a 
commercial motor vehicle subject to part B of subtitle VI of title 
49 U.S.C. who fails to allow promptly, upon demand in person or in 
writing, the Federal Motor Carrier Safety Administration, an 
employee designated by the Federal Motor Carrier Safety 
Administration, or an employee of a MCSAP grant recipient to inspect 
and copy any record or inspect and examine equipment, lands, 
buildings, and other property, in accordance with 49 U.S.C. 504(c), 
5121(c), and 14122(b), is subject to a civil penalty of not more 
than $1,270 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 $12,695.
    (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 $2,187 but not more than $5,466 for the first violation and at 
least $2,732 but not more than $8,199 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 $2,187 for the first violation or at least $5,466 for a 
subsequent violation.

PART 578--CIVIL AND CRIMINAL PENALTIES

0
 98. 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
99. In Sec.  578.5, paragraphs (a) through (g) and (i) are revised 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 $22,329 
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 $111,642,265.
    (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 $12,695 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 $19,042,502.
    (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 
$22,329 per violation per day. The maximum penalty under this paragraph 
for a related series of daily violations is $111,642,265.
    (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 $5,466 per day. The 
maximum penalty under this paragraph for a related series of daily 
violations is $1,093,233.
    (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 $1,783 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 $2,924 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

[[Page 37079]]

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 $3,256,233.
    (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 $2,924 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 $1,594,890.
    (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 $60,518 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 $1,783 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 $10,932 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 $1,093,233.
    (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 $10,932, whichever is 
greater.
    (g) Vehicle theft protection. (1) A person that violates 49 U.S.C. 
33114(a)(1)-(4) is liable to the United States Government for a civil 
penalty of not more than $2,402 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 $600,388.
    (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 $178,338 
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 $41,882 per vehicle or engine. The 
maximum civil penalty for a related series of violations shall be 
determined by multiplying $41,882 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), on: June 26, 2019.
Steven G. Bradbury,
General Counsel.
[FR Doc. 2019-14101 Filed 7-30-19; 8:45 am]
 BILLING CODE 4910-9X-P

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