Revisions to Civil Penalty Amounts, 1745-1764 [2020-25236]

Download as PDF Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations the FDIC adopts without change the regulations on collection by administrative offset set forth at 31 CFR 901.3 and other relevant sections of the Federal Claims Collection Standards applicable to such offset, to the extent those regulations are consistent with this subpart. (d) Nothing in this subpart precludes the collection of debts through any other available means or precludes the FDIC from engaging in litigation or the compromise of debt as provided under 12 U.S.C. 1818(i) or any other applicable law or regulation. DEPARTMENT OF TRANSPORTATION §§ 313.185 through 313.190 33 CFR Part 401 [Reserved] Federal Deposit Insurance Corporation. By order of the Board of Directors. Dated at Washington, DC, on December 15, 2020. James P. Sheesley, Assistant Executive Secretary. Federal Aviation Administration 14 CFR Part 13 Office of the Secretary 14 CFR Part 383 Federal Aviation Administration 14 CFR Part 406 Saint Lawrence Seaway Development Corporation Maritime Administration 46 CFR Parts 221, 307, 340, and 356 Pipeline and Hazardous Materials Safety Administration [FR Doc. 2020–27955 Filed 1–8–21; 8:45 am] 49 CFR Parts 107, 171, and 190 BILLING CODE 6714–01–P 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, and 272 Federal Motor Carrier Safety Administration 49 CFR Part 386 National Highway Traffic Safety Administration 49 CFR Part 578 RIN 2105–AE90 Revisions to Civil Penalty Amounts Department of Transportation (DOT or the Department). ACTION: Final rule. AGENCY: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2020 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. In additional, this final rule makes conforming revisions to Federal Motor Carrier Safety Administration regulations to reflect inflationary adjustments to the statutorily-mandated civil penalties for violations of Federal law. DATES: Effective January 11, 2021. jbell on DSKJLSW7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00009 Fmt 4700 Sfmt 4700 1745 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. 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. This rule also implements the authority to assess civil penalties for violations concerning the Drug and Alcohol Clearinghouse, set forth in section 34202 of the Moving Ahead for Progress in the 21st Century Act (MAP– 21), Public Law 112–141, 126 Stat. 405, codified at 49 U.S.C. 31306a(k)(1). 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 16, 2019, OMB released this required guidance, in OMB Memorandum M–20–05, which provides instructions on how to 1 28 E:\FR\FM\11JAR1.SGM U.S.C. 2461 note. 11JAR1 1746 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations calculate the 2020 annual adjustment. To derive the 2020 adjustment, the Department must multiply the maximum or minimum penalty amount by the percent change between the October 2019 Consumer Price Index for All Urban Consumers (CPI–U) and the October 2018 CPI–U. In this case, as explained in OMB Memorandum M–20– 05, the percent change between the October 2019 CPI–U and the October 2018 CPI–U is 1.01764. 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 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. III. Discussion of the Final Rule A. OST 2020 Adjustments In 2016, OST and DOT’s operating administrations with civil monetary OST’s 2020 civil penalty adjustments are summarized in the chart below. 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) .......... $34,174 $34,777 49 U.S.C. 46301(a)(1) .......... 1,503 1,530 49 U.S.C. 46301(a)(5)(A) ..... 13,669 13,910 49 U.S.C. 46301(a)(5)(C) ..... 6,834 6,955 49 U.S.C. 46301(a)(5)(D) ..... 3,418 3,478 FAA recently discovered that it had not adjusted the maximum civil penalty for certain laser pointer violations.2 Consistent with the intent of the law and to ensure uniform year-over-year application of the 2015 Act, the 2020 update is being calculated as if the missed 2018 and 2019 updates had Citation Individual who aims the beam of a laser pointer at an aircraft in the airspace jurisdiction of the United States, or at the flight path of such an aircraft. 49 U.S.C. 46301 note .. occurred. No violations will be assessed at the 2018 or 2019 amounts. They are included in the chart below to show the FAA’s calculations clearly. Unpromulgated 2019 penalty (2018 penalty × 1.02522) Unpromulgated 2018 penalty (initial penalty × 1.02041) 3 Initial penalty (2016) Description Existing penalty New penalty (existing penalty × 1.01764) Description B. FAA 2020 Adjustments jbell on DSKJLSW7X2PROD with RULES 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. In addition, as noted above, MAP–21 provides explicit authority to assess civil penalties for violations of 49 U.S.C. 31306a. Accordingly, DOT is publishing this final rule without prior notice and comment, and with an immediate effective date. $25,000 $25,510 $26,153 New penalty (2019 penalty × 1.01764) $26,614 On October 5, 2018, Congress enacted a statutory penalty for operating an unmanned aircraft or unmanned aircraft system equipped or armed with a dangerous weapon.4 It was not adjusted in 2019 because, per OMB guidance, new civil monetary penalties are not adjusted for inflation the first year they are in effect.5 This year is thus its first adjustment. 2 Public Law 114–190, section 2104(b), 130 Stat. 615, 620 (July 15, 2016) (codified at 49 U.S.C. 46301 note). 3 Under OMB Memorandum M–16–06, new civil monetary penalties are not adjusted for inflation the first year they are in effect. Because this penalty was enacted on July 15, 2016, it would not have been first adjusted until 2018. 4 Public Law 115–254, section 363, 132 Stat. 3186, 3308 (Oct. 5, 2018) (codified at 49 U.S.C. 44802 note). 5 OMB Memorandum M–16–06. VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00010 Fmt 4700 Sfmt 4700 E:\FR\FM\11JAR1.SGM 11JAR1 1747 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations Initial penalty (2018) Description Citation Operation of an unmanned aircraft or unmanned aircraft system equipped or armed with a dangerous weapon. 49 U.S.C. 44802 note ......................... New penalty (initial penalty × 1.01764) $25,000 $25,441 The rest of FAA’s 2020 adjustments are summarized in the chart below. Citation Violation of hazardous materials transportation law ..................... 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)(1) ........................... 49 U.S.C. 5123(a)(2) ........................... $81,993 191,316 $83,439 194,691 49 U.S.C. 5123(a)(3) ........................... 493 502 49 U.S.C. 5123(a)(3) ........................... 81,993 83,439 49 U.S.C. 46301(a)(1) ......................... 34,174 34,777 49 U.S.C. 46301(a)(1) ......................... 1,501 1,527 49 U.S.C. 46301(a)(1) ......................... 1,501 1,527 49 U.S.C. 46301(a)(5)(A) .................... 13,669 13,910 49 U.S.C. 46301(a)(5)(B)(i) ................. 13,669 13,910 49 U.S.C. 46301(a)(5)(B)(ii) ................ 13,669 13,910 49 U.S.C. 46301(a)(5)(B)(iii) ............... 13,669 13,910 49 U.S.C. 46301(a)(5)(B)(iv) ............... 13,669 13,910 49 U.S.C. 46301(b) ............................. 49 U.S.C. 46302 .................................. 4,388 23,832 4,465 24,252 49 U.S.C. 46318 .................................. 49 U.S.C. 46319 .................................. 35,883 13,669 36,516 13,910 49 U.S.C. 46320 .................................. 20,923 21,292 51 U.S.C. 50917(c) ............................. 240,155 244,391 jbell on DSKJLSW7X2PROD with RULES In addition to the civil penalties listed in the above charts, 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 Existing penalty New penalty (existing penalty × 1.01764) Description the section 46301(a)(1) and (a)(5) civil penalties. C. NHTSA 2020 Adjustments NHTSA’s 2020 civil penalty adjustments are summarized in the chart below. Description Citation Maximum penalty amount for each violation of the Safety Act .... Maximum penalty amount for a related series of violations of the Safety Act. 49 U.S.C. 30165(a)(1), 30165(a)(3) .... 49 U.S.C. 30165(a)(1), 30165(a)(3) .... VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4700 E:\FR\FM\11JAR1.SGM Existing penalty 11JAR1 $22,329 111,642,265 New penalty (existing penalty × 1.01764 $22,723 113,611,635 1748 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations Citation 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, Pub. L. 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, Pub. L. 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 violations under 49 U.S.C. 32911(a) related to automobile fuel economy. Maximum civil penalty for a violation under the medium- and heavy-duty vehicle fuel efficiency program. 49 U.S.C. 30165(a)(2)(A) .................... 12,695 12,919 49 U.S.C. 30165(a)(2)(B) .................... 19,042,502 19,378,412 49 U.S.C. 30165(a)(4) ......................... 5,466 5,562 49 U.S.C. 30165(a)(4) ......................... 1,093,233 1,112,518 49 U.S.C. 30505 .................................. 1,783 1,814 49 U.S.C. 32507(a) ............................. 2,924 2,976 49 U.S.C. 32507(a) ............................. 3,256,233 3,313,763 49 U.S.C. 32308(b) ............................. 2,924 2,976 49 U.S.C. 32308(b) ............................. 1,594,890 1,623,024 49 U.S.C. 32308(c) ............................. 60,518 61,586 49 U.S.C. 32309 .................................. 1,783 1,814 49 U.S.C. 32709 .................................. 10,932 11,125 49 U.S.C. 32709 .................................. 1,093,233 1,112,518 49 U.S.C. 32710 .................................. 10,932 11,125 49 U.S.C. 33115(a) ............................. 2,402 2,444 49 U.S.C. 33115(a) ............................. 600,388 610,979 49 U.S.C. 33115(b) ............................. 178,338 181,484 49 U.S.C 32912(a) .............................. 42,530 43,280 49 U.S.C. 32902 .................................. 41,882 42,621 D. FMCSA 2020 Adjustments and Revisions jbell on DSKJLSW7X2PROD with RULES FMCSA’s civil penalties affected by this rule are all located in appendices A and B to 49 CFR part 386. Section 31306a(k) of title 49 requires FMCSA to assess civil penalties under 49 U.S.C. 521(b)(2)(C) for violations concerning the Drug and Alcohol Clearinghouse. To comply with this mandate, FMCSA revises appendix B to include civil penalties for an employer, employee, medical review officer, or service agent who violates the regulations Existing penalty New penalty (existing penalty × 1.01764 Description implementing the Drug and Alcohol Clearinghouse at 49 CFR part 382, subpart G. FMCSA also makes conforming changes to 49 CFR part 386, appendix B (a)(1)–(4). The 2020 adjustments to these civil penalties are summarized in the chart below. Description Citation Appendix A II Subpoena ................................................................ Appendix A II Subpoena ................................................................ Appendix A IV (a) Out-of-service order (operation of CMV by driver). 49 U.S.C. 525 ...................................... 49 U.S.C. 525 ...................................... 49 U.S.C. 521(b)(7) ............................. 6 Section (g)(5) is revised to reflect the termination of the North American Free Trade Agreement and the adoption of the United States VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 Mexico Canada Agreement (USMCA), which came into effect July 1, 2020. FMCSA is examining its PO 00000 Frm 00012 Fmt 4700 Sfmt 4700 Existing penalty $1,093 10,932 1,895 New penalty (existing penalty × 1.01764) $1,112 11,125 1,928 regulations and considering what additional revisions, if any, are needed in light of USMCA. E:\FR\FM\11JAR1.SGM 11JAR1 jbell on DSKJLSW7X2PROD with RULES Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations New penalty (existing penalty × 1.01764) Description Citation 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). 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 outof-service orders (second or subsequent conviction). Appendix B (b)(2) Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (minimum penalty). Appendix B (b)(2) Employer violations pertaining to knowingly allowing, authorizing employee violations of out-of-service order (maximum penalty). Appendix B (b)(3) Special penalties pertaining to railroad-highway 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) ..... Appendix B (g)(4) Violations of the CRs (foreign motor carriers, foreign motor private carriers). 49 U.S.C. 521(b)(7)) ............................ 18,943 19,277 49 U.S.C. 521(b)(7) ............................. 1,895 1,928 49 U.S.C. 521(b)(7) ............................. 18,943 19,277 49 U.S.C. 521(b)(2)(B) ........................ 947 964 49 U.S.C. 521(b)(2)(F) ........................ 27,331 27,813 49 U.S.C. 521(b)(7) ............................. 24,017 24,441 49 U.S.C. 521(b)(2)(A) and (b)(7)) ...... 15,419 15,691 49 U.S.C. 521(b)(7) ............................. 24,017 24,441 49 49 49 49 49 49 49 521(b)(2)(B)(i) ..................... 521(b)(2)(B)(i) ..................... 521(b)(2)(B)(ii) .................... 521(b)(2)(A) ........................ 521(b)(2)(A) ........................ 31310(i)(2)(A) ..................... 31310(i)(2)(A) ..................... 1,270 12,695 12,695 15,419 3,855 3,174 6,348 1,292 12,919 12,919 15,691 3,923 3,230 6,460 49 U.S.C. 521(b)(2)(C) ........................ 49 U.S.C. 31310(i)(2)(A) ..................... 5,732 3,174 5,833 3,230 49 U.S.C. 31310(i)(2)(A) ..................... 6,348 6,460 49 U.S.C. 521(b)(2)(C) ........................ 5,732 5,833 49 U.S.C. 31310(i)(2)(C) ..................... 31,737 32,297 49 U.S.C. 31310(j)(2)(B) ..................... 16,453 16,743 49 U.S.C. 31138(d)(1), 31139(g)(1) .... 49 U.S.C. 5123(a)(1) ........................... 16,915 81,993 17,213 83,439 49 U.S.C. 5123(a)(3) ........................... 493 502 49 U.S.C. 5123(a)(1) ........................... 81,993 83,439 49 U.S.C. 5123(a)(1) ........................... 81,993 83,439 49 U.S.C. 5123(a)(1) ........................... 81,993 83,439 49 U.S.C. 5123(a)(2) ........................... 191,316 194,691 49 U.S.C. 521(b)(2)(F) ........................ 27,331 27,813 49 U.S.C. 5123(a)(1) ........................... 81,993 83,439 49 U.S.C. 5123(a)(2) ........................... 191,316 194,691 49 U.S.C. 14901(a) ............................. 10,932 11,125 49 U.S.C. 14916(c) ............................. 49 U.S.C. 14901(a) ............................. 49 U.S.C. 14901(a) ............................. 10,932 27,331 10,932 11,125 27,813 11,125 VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00013 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. Fmt 4700 Sfmt 4700 E:\FR\FM\11JAR1.SGM Existing penalty 1749 11JAR1 jbell on DSKJLSW7X2PROD with RULES 1750 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations Citation Appendix B (g)(5) Violations of the operating authority requirement (foreign motor carriers, foreign motor private carriers)— maximum penalty for intentional violation 6 Appendix B (g)(5) Violations of the operating authority requirement (foreign motor carriers, foreign motor private carriers)— maximum penalty for a pattern of intentional violations. Appendix B (g)(6) Violations of the 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 ch. 311 (except 31138 and 31139), 31302–31304, 31305(b), 31310(g)(1)(A), or 31502—minimum penalty for first violation. Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 (except 31138 and 31139), 31302–31304, 31305(b), 31310(g)(1)(A), or 31502—maximum penalty for first violation. Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 (except 31138 and 31139), 31302–31304, 31305(b), 31310(g)(1)(A), or 31502—minimum penalty for subsequent violation(s). Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 (except 31138 and 31139), 31302–31304, 31305(b), 31310(g)(1)(A), or 31502—maximum penalty for subsequent violation(s). Appendix B (i)(2): Evasion of 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. 14901 note ......................... 15,034 15,299 49 U.S.C. 14901 note ......................... 37,587 38,250 49 U.S.C. 14901(b) ............................. 21,865 22,251 49 U.S.C. 14901(b) ............................. 43,730 44,501 I49 U.S.C. 14901(d)(1) ........................ 1,644 1,673 49 U.S.C. 14901(e) ............................. 3,291 3,349 49 U.S.C. 14901(e) ............................. 8,227 8,372 49 U.S.C. 13702, 14903 ..................... 49 U.S.C. 14904(a) ............................. 164,531 328 167,433 334 49 U.S.C. 14904(a) ............................. 411 418 49 U.S.C. 14904(b)(1) ......................... 823 838 49 U.S.C. 14904(b)(1) ......................... 3,291 3,349 49 U.S.C. 14904(b)(2) ......................... 823 838 49 U.S.C. 14904(b)(2) ......................... 3,291 3,349 49 U.S.C. 14905 .................................. 16,453 16,743 49 U.S.C. 14901 .................................. 1,093 1,112 49 U.S.C. 14907 .................................. 8,227 8,372 49 U.S.C. 14908 .................................. 49 U.S.C. 14910 .................................. 3,291 823 3,349 838 49 U.S.C. 14915 .................................. 16,453 16,743 49 U.S.C. 14901(d)(2) ......................... 12,695 12,919 49 U.S.C. 14901 (d)(3) ........................ 31,737 32,297 49 U.S.C. 521(b)(2)(E) ........................ 1,270 1,292 49 U.S.C. 521(b)(2)(E) ........................ 12,695 12,919 49 U.S.C. 524 ...................................... 2,187 2,226 49 U.S.C. 524 ...................................... 5,466 5,562 49 U.S.C. 524 ...................................... 2,732 2,780 49 U.S.C. 524 ...................................... 8,199 8,344 49 U.S.C. 14906 .................................. 2,187 2,226 49 U.S.C. 14906 .................................. 5,466 5,562 VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00014 Fmt 4700 Sfmt 4700 E:\FR\FM\11JAR1.SGM Existing penalty New penalty (existing penalty × 1.01764) Description 11JAR1 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations 1751 E. FRA 2020 Adjustments FRA’s 2020 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 F. PHMSA 2020 Adjustments PHMSA’s civil penalties affected by this rule for hazardous materials 49 49 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. Existing penalty ch. 213 ................................ ch. 213 ................................ ch. 213 ................................ 5123 .................................... 5123 .................................... 5123 .................................... violations are located in 49 CFR 107.329, appendix A to subpart D of 49 CFR part 107, and § 171.1. The civil penalties affected by this rule for $892 29,192 116,766 493 81,993 191,316 New penalty (existing penalty × 1.01764) $908 29,707 118,826 502 83,439 194,691 pipeline safety violations are located in § 190.223. PHMSA’s 2020 civil penalty adjustments are summarized in the chart below. Existing penalty New penalty (existing penalty × 1.01764) 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 additional penalty for each liquefied natural gas pipeline facility violation. Maximum penalty for discrimination against employees providing pipeline safety information. 49 U.S.C. 5123 .................................... 49 U.S.C. 5123 .................................... $81,993 191,316 $83,439 194,691 49 U.S.C. 5123 .................................... 49 U.S.C. 60122(a)(1) ......................... 49 U.S.C. 60122(a)(1) ......................... 493 218,647 2,186,465 502 222,504 2,225,034 49 U.S.C. 60122(a)(2) ......................... 79,875 81,284 49 U.S.C. 60122(a)(3) ......................... 1,270 1,292 jbell on DSKJLSW7X2PROD with RULES G. MARAD 2019 Adjustments MARAD’s 2019 civil penalty adjustments are summarized in the chart below. Existing penalty New penalty (existing penalty × 1.01764) 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. 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. 31309 .................................. $21,038 $21,409 46 U.S.C. 31330 .................................. 52,596 53,524 46 U.S.C. 56101(e) ............................. 21,134 21,507 46 U.S.C. 50113(b) ............................. 50 U.S.C. 4513 .................................... 133 26,582 135 27,051 46 U.S.C. 12151 .................................. 154,197 156,917 H. SLSDC 2020 Adjustments SLSDC’s 2020 civil penalty adjustment is as follows: VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00015 Fmt 4700 Sfmt 4700 E:\FR\FM\11JAR1.SGM 11JAR1 1752 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations Description Citation Maximum civil penalty for each violation of the Seaway Rules and Regulations at 33 CFR part 401. 33 U.S.C. 1232 .................................... 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).7 The Small Business Administration’s A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act (2012), explains that: If, under the [Administrative Procedure Act (APA)] or any rule of general applicability governing federal grants to state and local governments, the agency is required to publish a general notice of proposed rulemaking (NPRM), the RFA must be considered [citing 5 U.S.C. 604(a)]. . . . If an NPRM is not required, the RFA does not apply. As stated above, DOT has determined that good cause exists to publish this final rule without notice and comment procedures under the APA. Therefore, the RFA does not apply. jbell on DSKJLSW7X2PROD with RULES 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 7 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 19:42 Jan 08, 2021 Jkt 253001 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 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 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 Existing penalty New penalty (existing penalty × 1.01764) $94,219 $95,881 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, E:\FR\FM\11JAR1.SGM 11JAR1 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations 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 238 Occupational safety and health, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. Fire prevention, Passenger equipment, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 219 Communications, Penalties, Railroad safety, Reporting and recordkeeping requirements. 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. Administrative practice and procedure, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 223 Glazing standards, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 225 49 CFR Part 171 Definitions, General information, Regulations. Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 190 Administrative practice and procedure, Penalties, Pipeline safety. 49 CFR Part 227 Noise control, Occupational safety and health, 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 228 Penalties, Railroad employees, Reporting and recordkeeping requirements. 49 CFR Part 213 Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 231 Penalties, Railroad safety. 49 CFR Part 236 49 CFR Parts 216, 217, 221, 224, 229, 230, 232, 233, and 239 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 237 VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 Penalties, Positive train control, Railroad safety, Reporting and recordkeeping requirements. Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements. PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 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 I, II, and III, 33 CFR chapter IV, 46 CFR chapter II, and 49 CFR chapters I, II, III, and V as follows: Title 14—Aeronautics and Space PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 1. Revise the authority citation for part 13 to read as follows: ■ Authority: 18 U.S.C. 6002, 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121–5124, 40113– 40114, 44103–44106, 44701–44703, 44709– 44710, 44713, 44725, 44802 (note), 46101– 46111, 46301, 46302 (for a violation of 49 U.S.C. 46504), 46304–46316, 46318–46320, 46501–46502, 46504–46507, 47106, 47107, 47111, 47122, 47306, 47531–47532; 49 CFR 1.83. 2. Amend § 13.301 by revising paragraphs (b) and (c) to read as follows: Highway safety, Penalties, Railroad safety, Reporting and recordkeeping requirements, State and local governments. 49 CFR Part 215 Freight, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 241 ■ 49 CFR Part 234 49 CFR Part 214 Bridges, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements. jbell on DSKJLSW7X2PROD with RULES 49 CFR Part 218 49 CFR Parts 222, 235, 240, 242, 243, and 244 49 CFR Part 107 Administrative practices and procedure, Hazardous materials transportation, Packaging and containers, Penalties, Reporting and recordkeeping requirements. 1753 § 13.301 Inflation adjustments of civil monetary penalties. * * * * * (b) Each adjustment to a maximum civil monetary penalty or to minimum and maximum civil monetary penalties that establish a civil monetary penalty range applies to actions initiated under this part for violations occurring on or after January 11, 2021, notwithstanding references to specific civil penalty amounts elsewhere in this part. (c) Minimum and maximum civil monetary penalties are as follows: E:\FR\FM\11JAR1.SGM 11JAR1 1754 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations 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. Operation of an unmanned aircraft or unmanned aircraft system equipped or armed with a dangerous weapon. Violation by a person other than an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B). Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)). Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered in 49 U.S.C. 46301(a)(5)). Violation of 49 U.S.C. 47107(b) (or any assurance made under such section) or 49 U.S.C. 47133. 49 U.S.C. 5123(a)(2) ................. 49 U.S.C. 5123(a)(3) ................. 49 U.S.C. 44802 note ................ 49 U.S.C. 46301(a)(1) ............... 49 U.S.C. 46301(a)(1) ............... 49 U.S.C. 46301(a)(1) ............... 49 U.S.C. 46301(a)(3) ............... 49 U.S.C. 46301(a)(5)(A) .......... 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 note ................ 49 U.S.C. 46301(b) ................... 49 U.S.C. 46302 ........................ 49 U.S.C. 46318 ........................ 49 U.S.C. 46319 ........................ jbell on DSKJLSW7X2PROD with RULES 49 U.S.C. 46320 ........................ 49 U.S.C. 47531 ........................ VerDate Sep<11>2014 2019 minimum penalty amount New minimum penalty amount for violations occurring on or after January 11, 2021, adjusted for inflation N/A N/A $81,993 ............................ $83,439. N/A N/A $191,316 .......................... $194,691. $493 $502 $81,993 ............................ $83,439. N/A N/A $25,000 ............................ $25,441. N/A N/A $34,174 ............................ $34,777. N/A N/A $1,501 .............................. $1,527. N/A N/A $1,501 .............................. $1,527. N/A N/A No change. N/A N/A Increase above otherwise applicable maximum amount not to exceed 3 times the amount of revenues that are used in violation of such section. $13,669 ............................ $13,910. N/A N/A $13,669 ............................ $13,910. N/A N/A $13,669 ............................ $13,910. N/A N/A $13,669 ............................ $13,910. N/A N/A $13,669 ............................ $13,910. N/A N/A $25,000 ............................ $26,614. N/A N/A N/A N/A $4,388 .............................. $23,832 ............................ $4,465. $24,252. N/A N/A N/A N/A $35,883 ............................ $13,669 ............................ $36,516. $13,910. N/A N/A $20,923 ............................ $21,292. 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. Sfmt 4700 E:\FR\FM\11JAR1.SGM 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 lifelimited aircraft parts. Individual who aims the beam of a laser pointer at an aircraft in the airspace jurisdiction of the United States, or at the flight path of such an aircraft. 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. 19:42 Jan 08, 2021 Jkt 253001 PO 00000 Frm 00018 Fmt 4700 2019 maximum penalty amount 11JAR1 New maximum penalty amount for violations occurring on or after January 11, 2021, adjusted for inflation Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations separate violation occurs for each day the violation continues. * * * * * PART 383—CIVIL PENALTIES 3. The authority citation for part 383 continues to read as follows: ■ Authority: Sec. 701, Pub. L. 114–74, 129 Stat. 584; Sec. 503, Pub. L. 108–176, 117 Stat. 2490; Pub. L. 101–410, 104 Stat. 890; Sec. 31001, Pub. L. 104–134. 4. Section 383.2 is revised to read as follows: Title 33—Navigation and Navigable Waters PART 401—SEAWAY REGULATIONS AND RULES ■ § 383.2 Subpart B—Penalties—Violations of Seaway Regulations 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 $34,777 (or $1,530 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 $13,910 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 $6,955 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 $3,478 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 5. The authority citation for part 406 continues to read as follows: ■ Authority: 51 U.S.C. 50901–50923. 6. Amend § 406.9 by revising paragraph (a) to read as follows: ■ jbell on DSKJLSW7X2PROD with RULES § 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 $244,391 for each violation. A VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 § 307.19 1755 Penalties. The owner or operator of a vessel in the waterborne foreign commerce of the United States is subject to a penalty of $135.00 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. 8. Amend § 401.102 by revising paragraph (a) 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 § 401.102 ■ 7. The authority citation for subpart B 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. ■ Civil penalty. (a) A person, as described in § 401.101(b) who violates a regulation in this chapter is liable to a civil penalty of not more than $95,881. * * * * * Title 46—Shipping 9. The authority citation for part 221 continues to read as follows: ■ Authority: 46 U.S.C. chs. 301, 313, and 561; Pub. L. 114–74; 49 CFR 1.93. 10. Section 221.61(b) is revised to read as follows: ■ Compliance. * * * * * (b) Pursuant to 46 U.S.C. 31309, a general penalty of not more than $21,409 may be assessed for each violation of chapter 313 or 46 U.S.C. subtitle III administered by the Maritime Administration, and pursuant to the regulations in this part a person violating 46 U.S.C. 31329 is liable for a civil penalty of not more than $53,524 for each violation. A person who charters, sells, transfers or mortgages a vessel, or an interest therein, in violation of 46 U.S.C. 56101(e) is liable for a civil penalty of not more than $21,507 for each violation. PART 307—ESTABLISHMENT OF MANDATORY POSITION REPORTING SYSTEM FOR VESSELS 11. The authority citation for part 307 continues to read as follows: ■ Authority: Pub. L. 109–304; 46 U.S.C. 50113; Pub. L. 114–74; 49 CFR 1.93. 12. Section 307.19 is revised to read as follows: ■ PO 00000 Frm 00019 Fmt 4700 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). 14. Section 340.9 is revised to read as follows: ■ PART 221—REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND OTHER MARITIME INTERESTS § 221.61 13. The authority citation for part 340 continues to read as follows: Sfmt 4700 § 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 part shall, upon conviction, be fined not more than $27,051 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 15. The authority citation for part 356 continues to read as follows: ■ Authority: 46 U.S.C. 12102; 46 U.S.C. 12151; 46 U.S.C. 31322; Pub. L. 105–277, division C, title II, subtitle I, section 203 (46 U.S.C. 12102 note), section 210(e), and section 213(g), 112 Stat. 2681; Pub. L. 107– 20, section 2202, 115 Stat. 168–170; Pub. L. 114–74; 49 CFR 1.93. 16. Amend § 356.49 by revising paragraph (b) to read as follows: ■ § 356.49 Penalties. * * * * * (b) A fine of up to $156,917 may be assessed against the vessel owner for each day in which such vessel has engaged in fishing (as such term is defined in section 3 of the MagnusonStevens Fishery Conservation and Management Act (16 U.S.C. 1802)) within the exclusive economic zone of the United States; and * * * * * E:\FR\FM\11JAR1.SGM 11JAR1 1756 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations Title 49—Transportation PART 107—HAZARDOUS MATERIALS PROGRAM PROCEDURES 17. The authority citation for part 107 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128, 44701; Pub. L. 101–410 Section 4; Pub. L. 104–121 Sections 212–213; Pub. L. 104–134 Section 31001; Pub. L. 114–74 Section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.97; 33 U.S.C. 1321. 18. Section 107.329 is revised to read as follows: ■ § 107.329 Maximum penalties. jbell on DSKJLSW7X2PROD with RULES (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 $83,439 for each violation, except the maximum civil penalty is $194,691 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 $502 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 $83,439 for each violation, except the maximum civil penalty is $194,691 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 $502 for violations relating to training. Appendix A to Subpart D of Part 107 [Amended] 19. In appendix A to subpart D of part 107, remove ‘‘$81,993 or $191,316’’ and ‘‘July 31, 2019’’ and add in their places ■ VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 ‘‘$83,439 or $194,691’’ and ‘‘January 11, 2021,’’ respectively. PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 20. The authority citation for part 171 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128, 44701; Pub. L. 101–410 section 4; Pub. L. 104–134, section 31001; Pub. L. 114–74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.97. 21. 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 $83,439 for each violation, except the maximum civil penalty is $194,691 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 $502 for a violation relating to training. PART 190—PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES 22. The authority citation for part 190 continues to read as follows: ■ Authority: 33 U.S.C. 1321(b); 49 U.S.C. 60101 et seq. 23. Amend § 190.223 by revising paragraphs (a), (c), and (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 in 49 CFR parts 190 through 199, or order issued pursuant to 49 U.S.C. 60101, et seq. or 49 CFR part 190, is subject to an administrative civil penalty not to exceed $222,504 for each violation for each day the violation continues, with a maximum administrative civil penalty not to exceed $2,225,034 for any related series of violations. * * * * * (c) Any person found to have violated any standard or order under 49 U.S.C. 60103 is subject to an administrative civil penalty not to exceed $81,284, which may be in addition to other PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 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 $1,292, 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 24. The authority citation for part 209 continues to read as follows: ■ Authority: 49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461, note; and 49 CFR 1.89. 25. 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 of not more than $83,439 for each violation, except that— (1) The maximum civil penalty for a violation is $194,691 if the violation results in death, serious illness, or severe injury to any person, or substantial destruction of property; and (2) A minimum $502 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 January 11, 2021. ■ 26. Amend § 209.105 by revising the last sentence of paragraph (c) to read as follows: § 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 $83,439 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 $194,691. § 209.409 ■ [Amended] 27. Amend § 209.409 as follows: E:\FR\FM\11JAR1.SGM 11JAR1 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ 28. 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: 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. Appendix A to Part 209—Statement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws ■ ■ * * * * * Penalty Schedules; Assessment of Maximum Penalties * * * * * * * * Effective January 11, 2021, the minimum civil monetary penalty was raised from $892 to $908, the ordinary maximum civil monetary penalty was raised from $29,192 to $29,707, and the aggravated maximum civil monetary penalty was raised from $116,766 to $118,826. * * * For each regulation in this part or order, the schedule shows two amounts within the $908 to $29,707 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 $118,826 per violation where a pattern of repeated violations or a grossly negligent violation has created an imminent hazard of death or injury or has caused death or injury. * * * * * * * * Appendix B to Part 209 [Amended] 29. Amend appendix B to part 209 as follows: ■ a. Remove the dollar amount ‘‘$81,993’’ everywhere it appears and add in its place ‘‘$83,439’’; ■ b. Remove the dollar amount ‘‘$191,316’’ everywhere it appears and add in its place ‘‘$194,691’’; and ■ c. Remove the dollar amount ‘‘$493’’ and add in its place ‘‘$502’’. jbell on DSKJLSW7X2PROD with RULES ■ PART 213—TRACK SAFETY STANDARDS 30. The authority citation for part 213 continues to read as follows: ■ VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 § 213.15 [Amended] 31. In § 213.15, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 214—RAILROAD WORKPLACE SAFETY 1757 a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 217—RAILROAD OPERATING RULES 38. 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] 39. Amend § 217.5 as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ 32. 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] 33. Amend § 214.5 as follows: a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ ■ PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS 34. The authority citation for part 215 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 215.7 [Amended] 35. Amend § 215.7 as follows: a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ ■ PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT 36. The authority citation for part 216 continues to read as follows: ■ Authority: 49 U.S.C. 20102–20104, 20107, 20111, 20133, 20701–20702, 21301–21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 216.7 ■ [Amended] 37. Amend § 216.7 as follows: PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 PART 218—RAILROAD OPERATING PRACTICES 40. 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. § 218.9 [Amended] 41. Amend § 218.9 as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 219—CONTROL OF ALCOHOL AND DRUG USE 42. 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] 43. Amend § 219.10 as follows: a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ ■ E:\FR\FM\11JAR1.SGM 11JAR1 1758 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations § 223.7 PART 220—RAILROAD COMMUNICATIONS 44. 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. § 220.7 [Amended] 45. Amend § 220.7 as follows: a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ ■ PART 221—REAR END MARKING DEVICE—PASSENGER, COMMUTER AND FREIGHT TRAINS 46. 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. § 221.7 [Amended] 47. Amend § 221.7 as follows: a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ ■ 51. Amend § 223.7 as follows: a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ ■ PART 224—REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK 52. 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] PART 225—RAILROAD ACCIDENTS/ INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS 54. The authority citation for part 225 continues to read as follows: ■ 48. The authority citation for part 222 continues to read as follows: § 225.29 § 222.11 [Amended] 49. Amend § 222.11 as follows: a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ ■ PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS 58. 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, Pub. L. 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] 59. In § 228.6, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ 60. In appendix A to part 228, under the heading ‘‘General Provisions,’’ amend the ‘‘Penalty’’ paragraph by adding a sentence at the end of the first paragraph to read as follows: ■ 53. In § 224.11, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ 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. Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 222—USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY–RAIL GRADE CROSSINGS ■ jbell on DSKJLSW7X2PROD with RULES [Amended] [Amended] 55. Amend § 225.29 as follows: a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ ■ PART 227—OCCUPATIONAL NOISE EXPOSURE Appendix A to Part 228—Requirements of the Hours of Service Act: Statement of Agency Policy and Interpretation * * * * * General Provisions * * * * * Penalty. * * * Effective January 11, 2021, the minimum civil monetary penalty was raised from $892 to $908, the ordinary maximum civil monetary penalty was raised from $29,192 to $29,707, and the aggravated maximum civil monetary penalty was raised from $116,766 to $118,826. * * * * * PART 229—RAILROAD LOCOMOTIVE SAFETY STANDARDS 61. 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. PART 223—SAFETY GLAZING STANDARDS—LOCOMOTIVES, PASSENGER CARS AND CABOOSES Authority: 49 U.S.C. 20103, 20103, note, 20701–20702; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 229.7 50. The authority citation for part 223 continues to read as follows: § 227.9 ■ Authority: 49 U.S.C. 20102–20103, 20133, 20701–20702, 21301–21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 56. The authority citation for part 227 continues to read as follows: [Amended] 57. In § 227.9, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 [Amended] 62. In § 229.7, amend paragraph (b) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ E:\FR\FM\11JAR1.SGM 11JAR1 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 233—SIGNAL SYSTEMS REPORTING REQUIREMENTS 69. The authority citation for part 233 continues to read as follows: ■ PART 230—STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS 63. 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. § 230.4 [Amended] 64. In § 230.4, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ 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. § 233.11 [Amended] 70. Amend § 233.11 as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 234—GRADE CROSSING SAFETY PART 231—RAILROAD SAFETY APPLIANCE STANDARDS ■ 65. The authority citation for part 231 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. 71. The authority citation for part 234 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. § 231.0 [Amended] § 234.6 [Amended] 72. In § 234.6, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ 66. In § 231.0, amend paragraph (f) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 232— BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON–PASSENGER TRAINS AND EQUIPMENT; END–OF–TRAIN DEVICES 67. The authority citation for part 232 continues to read as follows: 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 § 232.11 68. In § 232.11, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. jbell on DSKJLSW7X2PROD with RULES ■ VerDate Sep<11>2014 19:42 Jan 08, 2021 73. 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 [Amended] Jkt 253001 PART 236—RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF SIGNAL AND TRAIN CONTROL SYSTEMS, DEVICES, AND APPLIANCES 75. 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. § 236.0 [Amended] 76. In § 236.0, amend paragraph (f) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 237—BRIDGE SAFETY STANDARDS 77. 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. § 237.7 [Amended] 78. In § 237.7, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS 79. The authority citation for part 238 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. 1759 [Amended] § 238.11 74. Amend § 235.9 as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PO 00000 Frm 00023 Fmt 4700 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. Sfmt 4700 [Amended] 80. In § 238.11, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ E:\FR\FM\11JAR1.SGM 11JAR1 1760 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / 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. 81. The authority citation for part 239 continues to read as follows: § 242.11 ■ 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. § 239.11 [Amended] 82. Amend § 239.11 as follows: a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ ■ PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS 88. In § 242.11, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 243—TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY–RELATED RAILROAD EMPLOYEES 89. 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. Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. § 243.7 83. The authority citation for part 240 continues to read as follows: § 240.11 [Amended] 84. In § 240.11, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 241—UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF UNITED STATES RAIL OPERATIONS Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 U.S.C. 2461, note; 49 CFR 1.89. PART 244—REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL 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] 92. In § 244.5, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ [Amended] 86. In § 241.15, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 272—CRITICAL INCIDENT STRESS PLANS PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS ■ 87. The authority citation for part 242 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 ■ VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 93. The authority citation for part 272 continues to read as follows: PO 00000 Frm 00024 Fmt 4700 § 272.11 [Amended] 94. In § 272.11, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ PART 386—RULES OF PRACTICE FOR FMCSA PROCEEDINGS 95. The authority citation for part 386 is revised to read as follows: ■ Authority: 49 U.S.C. 113; chapters 5, 51, 131–141, 145–149, 311, 313, and 315; Sec. 204, Pub. L. 104–88, 109 Stat. 803, 941 (49 U.S.C. 701 note); Sec. 32402, Pub. L. 112– 141, 126 Stat. 405, 795 (49 U.S.C. 31306a); Sec. 701 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 and IV.a. through e. and g. through j. to read as follows: ■ 91. The authority citation for part 244 continues to read as follows: 85. The authority citation for part 241 continues to read as follows: § 241.15 [Amended] 90. In § 243.7, amend paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$892’’ and add in its place ‘‘$908’’; ■ b. Remove the dollar amount ‘‘$29,192’’ and add in its place ‘‘$29,707’’; and ■ c. Remove the dollar amount ‘‘$116,766’’ and add in its place ‘‘$118,826’’. ■ ■ ■ jbell on DSKJLSW7X2PROD with RULES [Amended] sec. 410, Div. A, Pub. L. 110–432, 122 Stat. 4888. Sfmt 4700 Appendix A to Part 386—Penalty Schedule: Violations of Notices and Orders The Civil Penalties Inflation Adjustment Act Improvements Act of 2015 [Public Law 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 $1,112 but not more than $11,125 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 $1,928 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 $19,277 per violation. E:\FR\FM\11JAR1.SGM 11JAR1 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations (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—$1,928 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 $19,277 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 $964 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 $27,813 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 $24,441 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 $15,691 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 § 385.911, § 385.913, § 385.1009, or § 385.1011 of this subchapter. Penalty—Up to $24,441 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)(1) through (8), (10) through (14), and (16) through (18), (g)(21)(i), (g)(22) and (23), (h), and (i) to read as follows: jbell on DSKJLSW7X2PROD with RULES ■ 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 VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 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 part 40 of this title and parts 382, subpart A, B, C, D, E, or F, 385, and 390 through 399 of this subchapter, or prepares or maintains a required record that is incomplete, inaccurate, or false, is subject to a maximum civil penalty of $1,292 for each day the violation continues, up to $12,919. (2) Knowing falsification of records. A person or entity that knowingly falsifies, destroys, mutilates, or changes a report or record required by parts 382, subpart A, B, C, D, E, or F, 385, and 390 through 399 of this subchapter, knowingly makes or causes to be made a false or incomplete record about an operation or business fact or transaction, or knowingly makes, prepares, or preserves a record in violation of a regulation order of the Secretary is subject to a maximum civil penalty of $12,919 if such action misrepresents a fact that constitutes a violation other than a reporting or recordkeeping violation. (3) Non-recordkeeping violations. A person or entity that violates part 382, subpart A, B, C, D, E, or F, part 385, or parts 390 through 399 of this subchapter, except a recordkeeping requirement, is subject to a civil penalty not to exceed $15,691 for each violation. (4) Non-recordkeeping violations by drivers. A driver who violates parts 382, subpart A, B, C, D, E, or F, 385, and 390 through 399 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $3,923. (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 $3,230 for a first conviction and not less than $6,460 for a second or subsequent conviction. * * * * * (b) Commercial driver’s license (CDL) violations. Any employer, employee, medical review officer, or service agent who violates any provision of 49 CFR part 382, subpart G, or any person who violates 49 CFR part 383, subpart B, C, E, F, G, or H, is subject to a civil penalty not to exceed $5,833; except: (1) A CDL-holder who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $3,230 for a first conviction and not less than $6,460 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 $5,833 or more than $32,297; 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 PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 1761 or regulation pertaining to railroad-highway grade crossings is subject to a civil penalty of not more than $16,743. * * * * * (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 $17,213. Each day of a continuing violation constitutes a separate offense. (e) Violations of the Hazardous Materials Regulations (HMRs) and safety permitting regulations found in subpart E of part 385 of this subchapter. This paragraph (e) applies to violations by motor carriers, drivers, shippers and other persons who transport hazardous materials on the highway in commercial motor vehicles or cause hazardous materials to be so transported. (1) All knowing violations of 49 U.S.C. chapter 51 or orders or regulations issued under the authority of that chapter applicable to the transportation or shipment of hazardous materials by commercial motor vehicle on the highways are subject to a civil penalty of not more than $83,439 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 $502 and not more than $83,439 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 $83,439 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 $83,439. (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 $194,691 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. E:\FR\FM\11JAR1.SGM 11JAR1 jbell on DSKJLSW7X2PROD with RULES 1762 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations 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 $27,813 (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 $83,439 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 $194,691 for each offense. Each day the transportation continues in violation of a final ‘‘unsatisfactory’’ safety rating constitutes a separate offense. (g) * * * (1) A person who operates as a motor carrier for the transportation of property in violation of the registration requirements of 49 U.S.C. 13901 is liable for a minimum penalty of $11,125 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 $11,125 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 $27,813 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 $11,125 per violation. (5) A person who operates as a foreign motor carrier or foreign motor private carrier without authority, outside the boundaries of a commercial zone along the United StatesMexico border, is liable for a maximum penalty of $15,299 for an intentional violation and a maximum penalty of $38,250 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 $22,251 and a maximum penalty of $44,501 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 $1,673 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 VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 shipment is liable for a minimum penalty of $3,349 for the first violation and $8,372 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 $167,433 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 $334 for the first violation and $418 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 $838 for the first violation and up to $3,349 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 $838 for the first violation and up to $3,349 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 $16,743 per violation. * * * * * (16) A person required to make a report to the Secretary, answer a question, or make, prepare, or preserve a record under part B of subtitle IV, title 49, U.S.C., or an officer, agent, or employee of that person, is liable for a minimum penalty of $1,112 and for a maximum penalty of $8,372 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 $3,349. PO 00000 Frm 00026 Fmt 4700 Sfmt 4700 (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 $838 for each violation if another penalty is not provided in 49 U.S.C. chapter 149. * * * * * (21) * * * (i) Who knowingly and willfully fails, in violation of a contract, to deliver to, or unload at, the destination of a shipment of household goods in interstate commerce for which charges have been estimated by the motor carrier transporting such goods, and for which the shipper has tendered a payment in accordance with part 375, subpart G, of this subchapter, is liable for a civil penalty of not less than $16,743 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 $12,919 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 $32,297 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 $1,292 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 $12,919. (i) Evasion. A person, or an officer, employee, or agent of that person: (1) Who by any means tries to evade regulation of motor carriers under title 49, United States Code, chapter 5, chapter 51, subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502, or E:\FR\FM\11JAR1.SGM 11JAR1 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations a regulation in subtitle B, chapter I, subchapter C of this title, or this subchapter, issued under any of those provisions, shall be fined at least $2,226 but not more than $5,562 for the first violation and at least $2,780 but not more than $8,344 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 $2,226 for the first violation or at least $5,562 for a subsequent violation. PART 578—CIVIL AND CRIMINAL PENALTIES 98. The authority citation for 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 § 578.6, paragraphs (a)(1), (a)(2)(i)(B), (a)(3) and (4), (b) through (g), (h)(1), and (i) are revised to read as follows: ■ jbell on DSKJLSW7X2PROD with RULES § 578.6 Civil penalties for violations of specified provisions of Title 49 of the United States Code. (a) * * * (1) In general. A person who violates any of sections 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through 30147 of Title 49 of the United States Code or a regulation in this chapter prescribed under any of those sections is liable to the United States Government for a civil penalty of not more than $22,723 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by any of those sections. The maximum civil penalty under this paragraph (a)(1) for a related series of violations is $113,611,635. (2) * * * (i) * * * (B) Violates section 30112(a)(2) of Title 49 United States Code, shall be subject to a civil penalty of not more than $12,919 for each violation. A separate violation occurs for each motor vehicle or item of motor vehicle equipment and for each failure or refusal to allow or perform an act required by this section. The maximum penalty under this paragraph (a)(2)(i)(B) for a related series of violations is $19,378,412. (3) Section 30166. A person who violates Section 30166 of Title 49 of the United States Code or a regulation in this chapter prescribed under that VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 section is liable to the United States Government for a civil penalty for failing or refusing to allow or perform an act required under that section or regulation. The maximum penalty under this paragraph (a)(3) is $22,723 per violation per day. The maximum penalty under this paragraph (a)(3) for a related series of daily violations is $113,611,635. (4) False and misleading reports. A person who knowingly and willfully submits materially false or misleading information to the Secretary, after certifying the same information as accurate under the certification process established pursuant to Section 30166(o) of Title 49 of the United States Code, shall be subject to a civil penalty of not more than $5,562 per day. The maximum penalty under this paragraph (a)(4) for a related series of daily violations is $1,112,518. (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 $1,814 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 $2,976 for each violation. A separate violation occurs for each passenger motor vehicle or item of passenger motor vehicle equipment involved in a violation of 49 U.S.C. 32506(a)(1) or (4)— (i) That does not comply with a standard prescribed under 49 U.S.C. 32502; or (ii) For which a certificate is not provided, or for which a false or misleading certificate is provided, under 49 U.S.C. 32504. (2) The maximum civil penalty under this paragraph (c) for a related series of violations is $3,313,763. (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 $2,976 for each violation. Each failure to provide information or comply with a regulation in violation of 49 U.S.C. 32308(a) is a separate violation. The maximum penalty under this paragraph (d)(1) for a related series of violations is $1,623,024. (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 $61,586 for each violation. PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 1763 (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 $1,814 for each violation. Each failure to attach or maintain that label for each vehicle is a separate violation. (f) Odometer tampering and disclosure. (1) A person that violates 49 U.S.C. Chapter 327 or a regulation in this chapter prescribed or order issued thereunder is liable to the United States Government for a civil penalty of not more than $11,125 for each violation. A separate violation occurs for each motor vehicle or device involved in the violation. The maximum civil penalty under this paragraph (f)(1) for a related series of violations is $1,112,518. (2) A person that violates 49 U.S.C. Chapter 327 or a regulation in this chapter prescribed or order issued thereunder, with intent to defraud, is liable for three times the actual damages or $11,125, 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 $2,444 for each violation. The failure of more than one part of a single motor vehicle to conform to an applicable standard under 49 U.S.C. 33102 or 33103 is only a single violation. The maximum penalty under this paragraph (g)(1) for a related series of violations is $610,979. (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 $181,484 a day for each violation. (h) * * * (1) A person that violates 49 U.S.C. 32911(a) is liable to the United States Government for a civil penalty of not more than $43,280 for each violation. A separate violation occurs for each day the violation continues. * * * * * (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 $42,621 per vehicle or engine. The maximum civil penalty for a related series of violations shall be determined by multiplying $42,621 times the vehicle or engine production volume for the model year E:\FR\FM\11JAR1.SGM 11JAR1 1764 Federal Register / Vol. 86, No. 6 / Monday, January 11, 2021 / Rules and Regulations in question within the regulatory averaging set. Issued in Washington, DC, on November 10, 2020. Elaine L. Chao, Secretary of Transportation. [FR Doc. 2020–25236 Filed 1–8–21; 8:45 am] BILLING CODE P DEPARTMENT OF COMMERCE Office of the Secretary 15 CFR Part 6 [Docket No. 201209–0333] RIN 0605–AA58 Civil Monetary Penalty Adjustments for Inflation Office of the Chief Financial Officer and Assistant Secretary for Administration, Department of Commerce. ACTION: Final rule. AGENCY: This final rule is being issued to adjust for inflation each civil monetary penalty (CMP) provided by law within the jurisdiction of the United States Department of Commerce (Department of Commerce). The Department of Commerce’s 2021 adjustments for inflation to CMPs apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. The Department of Commerce’s 2021 adjustments for inflation to CMPs apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new CMP level. DATES: This rule is effective January 15, 2021. FOR FURTHER INFORMATION CONTACT: Stephen M. Kunze, Deputy Chief Financial Officer and Director for Financial Management, Office of Financial Management, at (202) 482– 1207, Department of Commerce, 1401 Constitution Avenue NW, Room D200, Washington, DC 20230. The Department of Commerce’s Civil Monetary Penalty Adjustments for Inflation are available for downloading from the Department of Commerce, Office of Financial Management’s website at the following address: http://www.osec.doc.gov/ofm/ OFM_Publications.html. SUPPLEMENTARY INFORMATION: jbell on DSKJLSW7X2PROD with RULES SUMMARY: Background The Federal Civil Penalties Inflation Adjustment Act of 1990 (Pub. L. 101– VerDate Sep<11>2014 19:42 Jan 08, 2021 Jkt 253001 410; 28 U.S.C. 2461), as amended by the Debt Collection Improvement Act of 1996 (Pub. L. 104–134), provided for agencies’ adjustments for inflation to CMPs to ensure that CMPs continue to maintain their deterrent value and that CMPs due to the Federal Government were properly accounted for and collected. A CMP is defined as any penalty, fine, or other sanction that: 1. Is for a specific monetary amount as provided by Federal law, or has a maximum amount provided for by Federal law; and, 2. Is assessed or enforced by an agency pursuant to Federal law; and, 3. Is assessed or enforced pursuant to an administrative proceeding or a civil action in the Federal courts. On November 2, 2015, the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701 of Pub. L. 114–74) further amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to improve the effectiveness of CMPs and to maintain their deterrent effect. This amendment (1) required agencies to adjust the CMP levels in effect as of November 2, 2015, with initial catch up adjustments for inflation through a final rulemaking to take effect no later than August 1, 2016; and (2) requires agencies to make subsequent annual adjustments for inflation to CMPs that shall take effect not later than January 15. The Department of Commerce’s 2020 adjustments for inflation to CMPs were published in the Federal Register on January 3, 2020, and the new CMP levels became effective January 15, 2020. The Department of Commerce’s 2021 adjustments for inflation to CMPs apply only to CMPs with a dollar amount, and will not apply to CMPs written as functions of violations. These 2021 adjustments for inflation apply only to those CMPs, including those whose associated violation predated such adjustment, which are assessed by the Department of Commerce after the effective date of the new CMP level. This regulation adjusts for inflation CMPs that are provided by law within the jurisdiction of the Department of Commerce. The actual CMP assessed for a particular violation is dependent upon a variety of factors. For example, the National Oceanic and Atmospheric Administration’s (NOAA) Policy for the Assessment of Civil Administrative Penalties and Permit Sanctions (Penalty Policy), a compilation of NOAA internal guidelines that are used when assessing CMPs for violations for most of the statutes NOAA enforces, will be interpreted in a manner consistent with PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 this regulation to maintain the deterrent effect of the CMPs. The CMP ranges in the Penalty Policy are intended to aid enforcement attorneys in determining the appropriate CMP to assess for a particular violation. The Penalty Policy is maintained and made available to the public on NOAA’s Office of the General Counsel, Enforcement Section website at: http://www.gc.noaa.gov/enforceoffice.html. The Department of Commerce’s 2021 adjustments for inflation to CMPs set forth in this regulation were determined pursuant to the methodology prescribed by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, which requires the maximum CMP, or the minimum and maximum CMP, as applicable, to be increased by the cost-of-living adjustment. The term ‘‘cost-of-living adjustment’’ is defined by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. For the 2021 adjustments for inflation to CMPs, the cost-of-living adjustment is the percentage for each CMP by which the Consumer Price Index for the month of October 2020 exceeds the Consumer Price Index for the month of October 2019. Classification Pursuant to 5 U.S.C. 553(b)(3)(B), there is good cause to issue this rule without prior public notice or opportunity for public comment because it would be impracticable and unnecessary. The Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015 (Section 701(b)) requires agencies to make annual adjustments for inflation to CMPs notwithstanding section 553 of title 5, United States Code. Additionally, the methodology used for adjusting CMPs for inflation is given by statute, with no discretion provided to agencies regarding the substance of the adjustments for inflation to CMPs. The Department of Commerce is charged only with performing ministerial computations to determine the dollar amounts of adjustments for inflation to CMPs. Accordingly, prior public notice and an opportunity for public comment are not required for this rule. For the same reasons, there is good cause under 5 U.S.C. 553(d)(3) to waive the 30-day delay in effective date. Paperwork Reduction Act The provisions of the Paperwork Reduction Act of 1995, Public Law 104– 13, 44 U.S.C. Chapter 35, and its implementing regulations, 5 CFR part 1320, do not apply to this rule because there are no new or revised E:\FR\FM\11JAR1.SGM 11JAR1

Agencies

[Federal Register Volume 86, Number 6 (Monday, January 11, 2021)]
[Rules and Regulations]
[Pages 1745-1764]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2020-25236]


=======================================================================
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DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 13

Office of the Secretary

14 CFR Part 383

Federal Aviation Administration

14 CFR Part 406

Saint Lawrence Seaway Development Corporation

33 CFR Part 401

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, and 272

Federal Motor Carrier Safety Administration

49 CFR Part 386

National Highway Traffic Safety Administration

49 CFR Part 578

RIN 2105-AE90


Revisions to Civil Penalty Amounts

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

ACTION: Final rule.

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

SUMMARY: In accordance with the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015, this final rule provides the 
2020 inflation adjustment to civil penalty amounts that may be imposed 
for violations of certain DOT regulations. In additional, this final 
rule makes conforming revisions to Federal Motor Carrier Safety 
Administration regulations to reflect inflationary adjustments to the 
statutorily-mandated civil penalties for violations of Federal law.

DATES: Effective January 11, 2021.

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].

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.
    This rule also implements the authority to assess civil penalties 
for violations concerning the Drug and Alcohol Clearinghouse, set forth 
in section 34202 of the Moving Ahead for Progress in the 21st Century 
Act (MAP-21), Public Law 112-141, 126 Stat. 405, codified at 49 U.S.C. 
31306a(k)(1).
    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 16, 2019, OMB 
released this required guidance, in OMB Memorandum M-20-05, which 
provides instructions on how to

[[Page 1746]]

calculate the 2020 annual adjustment. To derive the 2020 adjustment, 
the Department must multiply the maximum or minimum penalty amount by 
the percent change between the October 2019 Consumer Price Index for 
All Urban Consumers (CPI-U) and the October 2018 CPI-U. In this case, 
as explained in OMB Memorandum M-20-05, the percent change between the 
October 2019 CPI-U and the October 2018 CPI-U is 1.01764.
---------------------------------------------------------------------------

    \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. In addition, as noted above, MAP-21 
provides explicit authority to assess civil penalties for violations of 
49 U.S.C. 31306a. 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 2020 Adjustments

    OST's 2020 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                                                                                                    (existing
                 Description                             Citation             Existing penalty     penalty  x
                                                                                                    1.01764)
----------------------------------------------------------------------------------------------------------------
General civil penalty for violations of       49 U.S.C. 46301(a)(1).........           $34,174           $34,777
 certain aviation economic regulations and
 statutes.
General civil penalty for violations of       49 U.S.C. 46301(a)(1).........             1,503             1,530
 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)......            13,669            13,910
 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)......             6,834             6,955
 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)......             3,418             3,478
 businesses for violations of 49 U.S.C.
 41712 or consumer protection rules and
 orders issued pursuant to that provision.
----------------------------------------------------------------------------------------------------------------

B. FAA 2020 Adjustments

    FAA recently discovered that it had not adjusted the maximum civil 
penalty for certain laser pointer violations.\2\ Consistent with the 
intent of the law and to ensure uniform year-over-year application of 
the 2015 Act, the 2020 update is being calculated as if the missed 2018 
and 2019 updates had occurred. No violations will be assessed at the 
2018 or 2019 amounts. They are included in the chart below to show the 
FAA's calculations clearly.
---------------------------------------------------------------------------

    \2\ Public Law 114-190, section 2104(b), 130 Stat. 615, 620 
(July 15, 2016) (codified at 49 U.S.C. 46301 note).

--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                      Unpromulgated     Unpromulgated
                                                                                   Initial penalty    2018 penalty      2019 penalty       New penalty
                  Description                               Citation                   (2016)       (initial penalty  (2018 penalty  x  (2019 penalty  x
                                                                                                      x 1.02041) \3\      1.02522)          1.01764)
--------------------------------------------------------------------------------------------------------------------------------------------------------
Individual who aims the beam of a laser         49 U.S.C. 46301 note............           $25,000           $25,510           $26,153           $26,614
 pointer at an aircraft in the airspace
 jurisdiction of the United States, or at the
 flight path of such an aircraft.
--------------------------------------------------------------------------------------------------------------------------------------------------------

    On October 5, 2018, Congress enacted a statutory penalty for 
operating an unmanned aircraft or unmanned aircraft system equipped or 
armed with a dangerous weapon.\4\ It was not adjusted in 2019 because, 
per OMB guidance, new civil monetary penalties are not adjusted for 
inflation the first year they are in effect.\5\ This year is thus its 
first adjustment.
---------------------------------------------------------------------------

    \3\ Under OMB Memorandum M-16-06, new civil monetary penalties 
are not adjusted for inflation the first year they are in effect. 
Because this penalty was enacted on July 15, 2016, it would not have 
been first adjusted until 2018.
    \4\ Public Law 115-254, section 363, 132 Stat. 3186, 3308 (Oct. 
5, 2018) (codified at 49 U.S.C. 44802 note).
    \5\ OMB Memorandum M-16-06.

[[Page 1747]]



----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                 Description                             Citation              Initial penalty  (initial penalty
                                                                                   (2018)           x 1.01764)
----------------------------------------------------------------------------------------------------------------
Operation of an unmanned aircraft or          49 U.S.C. 44802 note..........           $25,000           $25,441
 unmanned aircraft system equipped or armed
 with a dangerous weapon.
----------------------------------------------------------------------------------------------------------------

    The rest of FAA's 2020 adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                                                                                                    (existing
                 Description                             Citation             Existing penalty     penalty  x
                                                                                                    1.01764)
----------------------------------------------------------------------------------------------------------------
Violation of hazardous materials              49 U.S.C. 5123(a)(1)..........           $81,993           $83,439
 transportation law.
Violation of hazardous materials              49 U.S.C. 5123(a)(2)..........           191,316           194,691
 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)..........               493               502
 materials transportation law relating to
 training.
Maximum penalty for violation of hazardous    49 U.S.C. 5123(a)(3)..........            81,993            83,439
 materials transportation law relating to
 training.
Violation by a person other than an           49 U.S.C. 46301(a)(1).........            34,174            34,777
 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).........             1,501             1,527
 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  49 U.S.C. 46301(a)(1).........             1,501             1,527
 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  49 U.S.C. 46301(a)(5)(A)......            13,669            13,910
 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  49 U.S.C. 46301(a)(5)(B)(i)...            13,669            13,910
 concern related to the transportation of
 hazardous materials.
Violation by an individual or small business  49 U.S.C. 46301(a)(5)(B)(ii)..            13,669            13,910
 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  49 U.S.C. 46301(a)(5)(B)(iii).            13,669            13,910
 concern of 49 U.S.C. 44718(d), relating to
 limitation on construction or establishment
 of landfills.
Violation by an individual or small business  49 U.S.C. 46301(a)(5)(B)(iv)..            13,669            13,910
 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)............             4,388             4,465
Knowingly providing false information about   49 U.S.C. 46302...............            23,832            24,252
 alleged violation involving the special
 aircraft jurisdiction of the United States.
Interference with cabin or flight crew......  49 U.S.C. 46318...............            35,883            36,516
Permanent closure of an airport without       49 U.S.C. 46319...............            13,669            13,910
 providing sufficient notice.
Operating an unmanned aircraft and in so      49 U.S.C. 46320...............            20,923            21,292
 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)............           240,155           244,391
 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 charts, FAA 
regulations also provide for maximum civil penalties for violation of 
49 U.S.C. 47528-47530, relating to the prohibition of operating certain 
aircraft not complying with stage 3 noise levels. Those civil penalties 
are identical to the civil penalties imposed under 49 U.S.C. 
46301(a)(1) and (a)(5), which are detailed in the above chart, and 
therefore, the noise-level civil penalties will be adjusted in the same 
manner as the section 46301(a)(1) and (a)(5) civil penalties.

C. NHTSA 2020 Adjustments

    NHTSA's 2020 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                                                                                                    (existing
                 Description                             Citation             Existing penalty     penalty  x
                                                                                                     1.01764
----------------------------------------------------------------------------------------------------------------
Maximum penalty amount for each violation of  49 U.S.C. 30165(a)(1),                   $22,329           $22,723
 the Safety Act.                               30165(a)(3).
Maximum penalty amount for a related series   49 U.S.C. 30165(a)(1),               111,642,265       113,611,635
 of violations of the Safety Act.              30165(a)(3).

[[Page 1748]]

 
Maximum penalty per school bus related        49 U.S.C. 30165(a)(2)(A)......            12,695            12,919
 violation of the Safety Act.
Maximum penalty amount for a series of        49 U.S.C. 30165(a)(2)(B)......        19,042,502        19,378,412
 school bus related violations of the Safety
 Act.
Maximum penalty per violation for filing      49 U.S.C. 30165(a)(4).........             5,466             5,562
 false or misleading reports.
Maximum penalty amount for a series of        49 U.S.C. 30165(a)(4).........         1,093,233         1,112,518
 violations related to filing false or
 misleading reports.
Maximum penalty amount for each violation of  49 U.S.C. 30505...............             1,783             1,814
 the reporting requirements related to
 maintaining the National Motor Vehicle
 Title Information System.
Maximum penalty amount for each violation of  49 U.S.C. 32507(a)............             2,924             2,976
 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)............         3,256,233         3,313,763
 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(b)............             2,924             2,976
 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)............         1,594,890         1,623,024
 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)............            60,518            61,586
 to the tire fuel efficiency information
 program.
Maximum civil penalty for willfully failing   49 U.S.C. 32309...............             1,783             1,814
 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  49 U.S.C. 32709...............            10,932            11,125
 to odometer tampering and disclosure.
Maximum penalty amount for a related series   49 U.S.C. 32709...............         1,093,233         1,112,518
 of violations related to odometer tampering
 and disclosure.
Maximum penalty amount per violation related  49 U.S.C. 32710...............            10,932            11,125
 to odometer tampering and disclosure with
 intent to defraud.
Maximum penalty amount for each violation of  49 U.S.C. 33115(a)............             2,402             2,444
 the Motor Vehicle Theft Law Enforcement Act
 of 1984 (Vehicle Theft Act), sec. 608, Pub.
 L. 98-547, 98 Stat. 2762 (1984).
Maximum penalty amount for a related series   49 U.S.C. 33115(a)............           600,388           610,979
 of violations of the Motor Vehicle Theft
 Law Enforcement Act of 1984 (Vehicle Theft
 Act), sec. 608, Pub. L. 98-547, 98 Stat.
 2762 (1984).
Maximum civil penalty for violations of the   49 U.S.C. 33115(b)............           178,338           181,484
 Anti-Car Theft Act (Pub. L. 102-519, 106
 Stat. 3393 (1992)) related to operation of
 a chop shop.
Maximum civil penalty for violations under    49 U.S.C 32912(a).............            42,530            43,280
 49 U.S.C. 32911(a) related to automobile
 fuel economy.
Maximum civil penalty for a violation under   49 U.S.C. 32902...............            41,882            42,621
 the medium- and heavy-duty vehicle fuel
 efficiency program.
----------------------------------------------------------------------------------------------------------------

D. FMCSA 2020 Adjustments and Revisions

    FMCSA's civil penalties affected by this rule are all located in 
appendices A and B to 49 CFR part 386. Section 31306a(k) of title 49 
requires FMCSA to assess civil penalties under 49 U.S.C. 521(b)(2)(C) 
for violations concerning the Drug and Alcohol Clearinghouse. To comply 
with this mandate, FMCSA revises appendix B to include civil penalties 
for an employer, employee, medical review officer, or service agent who 
violates the regulations implementing the Drug and Alcohol 
Clearinghouse at 49 CFR part  382, subpart G. FMCSA also makes 
conforming changes to 49 CFR part 386, appendix B (a)(1)-(4). The 2020 
adjustments to these civil penalties are summarized in the chart below.
---------------------------------------------------------------------------

    \6\ Section (g)(5) is revised to reflect the termination of the 
North American Free Trade Agreement and the adoption of the United 
States Mexico Canada Agreement (USMCA), which came into effect July 
1, 2020. FMCSA is examining its regulations and considering what 
additional revisions, if any, are needed in light of USMCA.

----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                                                                                                    (existing
                 Description                             Citation             Existing penalty     penalty  x
                                                                                                    1.01764)
----------------------------------------------------------------------------------------------------------------
Appendix A II Subpoena......................  49 U.S.C. 525.................            $1,093            $1,112
Appendix A II Subpoena......................  49 U.S.C. 525.................            10,932            11,125
Appendix A IV (a) Out-of-service order        49 U.S.C. 521(b)(7)...........             1,895             1,928
 (operation of CMV by driver).

[[Page 1749]]

 
Appendix A IV (b) Out-of-service order        49 U.S.C. 521(b)(7))..........            18,943            19,277
 (requiring or permitting operation of CMV
 by driver).
Appendix A IV (c) Out-of-service order        49 U.S.C. 521(b)(7)...........             1,895             1,928
 (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)...........            18,943            19,277
 (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)........               947               964
 (failure to return written certification of
 correction).
Appendix A IV (g) Out-of-service order        49 U.S.C. 521(b)(2)(F)........            27,331            27,813
 (failure to cease operations as ordered).
Appendix A IV (h) Out-of-service order        49 U.S.C. 521(b)(7)...........            24,017            24,441
 (operating in violation of order).
Appendix A IV (i) Out-of-service order        49 U.S.C. 521(b)(2)(A) and                15,419            15,691
 (conducting operations during suspension or   (b)(7)).
 revocation for failure to pay penalties).
Appendix A IV (j) (conducting operations      49 U.S.C. 521(b)(7)...........            24,017            24,441
 during suspension or revocation).
Appendix B (a)(1) Recordkeeping--maximum      49 U.S.C. 521(b)(2)(B)(i).....             1,270             1,292
 penalty per day.
Appendix B (a)(1) Recordkeeping--maximum      49 U.S.C. 521(b)(2)(B)(i).....            12,695            12,919
 total penalty.
Appendix B (a)(2) Knowing falsification of    49 U.S.C. 521(b)(2)(B)(ii)....            12,695            12,919
 records.
Appendix B (a)(3) Non-recordkeeping           49 U.S.C. 521(b)(2)(A)........            15,419            15,691
 violations.
Appendix B (a)(4) Non-recordkeeping           49 U.S.C. 521(b)(2)(A)........             3,855             3,923
 violations by drivers.
Appendix B (a)(5) Violation of 49 CFR 392.5   49 U.S.C. 31310(i)(2)(A)......             3,174             3,230
 (first conviction).
Appendix B (a)(5) Violation of 49 CFR 392.5   49 U.S.C. 31310(i)(2)(A)......             6,348             6,460
 (second or subsequent conviction).
Appendix B (b) Commercial driver's license    49 U.S.C. 521(b)(2)(C)........             5,732             5,833
 (CDL) violations.
Appendix B (b)(1): Special penalties          49 U.S.C. 31310(i)(2)(A)......             3,174             3,230
 pertaining to violation of out-of-service
 orders (first conviction).
Appendix B (b)(1) Special penalties           49 U.S.C. 31310(i)(2)(A)......             6,348             6,460
 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)........             5,732             5,833
 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)......            31,737            32,297
 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)......            16,453            16,743
 pertaining to railroad-highway grade
 crossing violations.
Appendix B (d) Financial responsibility       49 U.S.C. 31138(d)(1),                    16,915            17,213
 violations.                                   31139(g)(1).
Appendix B (e)(1) Violations of Hazardous     49 U.S.C. 5123(a)(1)..........            81,993            83,439
 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)..........               493               502
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (training)--minimum
 penalty.
Appendix B (e)(2): Violations of Hazardous    49 U.S.C. 5123(a)(1)..........            81,993            83,439
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (training)--maximum
 penalty.
Appendix B (e)(3) Violations of Hazardous     49 U.S.C. 5123(a)(1)..........            81,993            83,439
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (packaging or
 container).
Appendix B (e)(4): Violations of Hazardous    49 U.S.C. 5123(a)(1)..........            81,993            83,439
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (compliance with
 FMCSRs).
Appendix B (e)(5) Violations of Hazardous     49 U.S.C. 5123(a)(2)..........           191,316           194,691
 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)........            27,331            27,813
 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)..........            81,993            83,439
 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)..........           191,316           194,691
 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)............            10,932            11,125
 commercial regulations (CR) (property
 carriers).
Appendix B (g)(2) Violations of the CRs       49 U.S.C. 14916(c)............            10,932            11,125
 (brokers).
Appendix B (g)(3) Violations of the CRs       49 U.S.C. 14901(a)............            27,331            27,813
 (passenger carriers).
Appendix B (g)(4) Violations of the CRs       49 U.S.C. 14901(a)............            10,932            11,125
 (foreign motor carriers, foreign motor
 private carriers).

[[Page 1750]]

 
Appendix B (g)(5) Violations of the           49 U.S.C. 14901 note..........            15,034            15,299
 operating authority requirement (foreign
 motor carriers, foreign motor private
 carriers)--maximum penalty for intentional
 violation \6\
Appendix B (g)(5) Violations of the           49 U.S.C. 14901 note..........            37,587            38,250
 operating authority requirement (foreign
 motor carriers, foreign motor private
 carriers)--maximum penalty for a pattern of
 intentional violations.
Appendix B (g)(6) Violations of the CRs       49 U.S.C. 14901(b)............            21,865            22,251
 (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)............            43,730            44,501
 (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)........             1,644             1,673
 (HHG carrier or freight forwarder, or their
 receiver or trustee).
Appendix B (g)(8) Violation of the CRs        49 U.S.C. 14901(e)............             3,291             3,349
 (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)............             8,227             8,372
 (weight of HHG shipment, charging for
 services)--subsequent violation.
Appendix B (g)(10) Tariff violations........  49 U.S.C. 13702, 14903........           164,531           167,433
Appendix B (g)(11) Additional tariff          49 U.S.C. 14904(a)............               328               334
 violations (rebates or concessions)--first
 violation.
Appendix B (g)(11) Additional tariff          49 U.S.C. 14904(a)............               411               418
 violations (rebates or concessions)--
 subsequent violations.
Appendix B (g)(12): Tariff violations         49 U.S.C. 14904(b)(1).........               823               838
 (freight forwarders)--maximum penalty for
 first violation.
Appendix B (g)(12): Tariff violations         49 U.S.C. 14904(b)(1).........             3,291             3,349
 (freight forwarders)--maximum penalty for
 subsequent violations.
Appendix B (g)(13): service from freight      49 U.S.C. 14904(b)(2).........               823               838
 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).........             3,291             3,349
 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...............            16,453            16,743
 loading and unloading motor vehicles.
Appendix B (g)(16): Reporting and             49 U.S.C. 14901...............             1,093             1,112
 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...............             8,227             8,372
 recordkeeping under 49 U.S.C. subtitle IV,
 part B--maximum penalty.
Appendix B (g)(17): Unauthorized disclosure   49 U.S.C. 14908...............             3,291             3,349
 of information.
Appendix B (g)(18): Violation of 49 U.S.C.    49 U.S.C. 14910...............               823               838
 subtitle IV, part B, or condition of
 registration.
Appendix B (g)(21)(i): Knowingly and          49 U.S.C. 14915...............            16,453            16,743
 willfully fails to deliver or unload HHG at
 destination.
Appendix B (g)(22): HHG broker estimate       49 U.S.C. 14901(d)(2).........            12,695            12,919
 before entering into an agreement with a
 motor carrier.
Appendix B (g)(23): HHG transportation or     49 U.S.C. 14901 (d)(3)........            31,737            32,297
 broker services--registration requirement.
Appendix B (h): Copying of records and        49 U.S.C. 521(b)(2)(E)........             1,270             1,292
 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)........            12,695            12,919
 access to equipment, lands, and buildings--
 maximum total penalty.
Appendix B (i)(1): Evasion of regulations     49 U.S.C. 524.................             2,187             2,226
 under 49 U.S.C. ch. 5, 51, subchapter III
 of ch. 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or 31502--
 minimum penalty for first violation.
Appendix B (i)(1): Evasion of regulations     49 U.S.C. 524.................             5,466             5,562
 under 49 U.S.C. ch. 5, 51, subchapter III
 of ch. 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or 31502--
 maximum penalty for first violation.
Appendix B (i)(1): Evasion of regulations     49 U.S.C. 524.................             2,732             2,780
 under 49 U.S.C. ch. 5, 51, subchapter III
 of ch. 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or 31502--
 minimum penalty for subsequent violation(s).
Appendix B (i)(1): Evasion of regulations     49 U.S.C. 524.................             8,199             8,344
 under 49 U.S.C. ch. 5, 51, subchapter III
 of ch. 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or 31502--
 maximum penalty for subsequent violation(s).
Appendix B (i)(2): Evasion of regulations     49 U.S.C. 14906...............             2,187             2,226
 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...............             5,466             5,562
 under 49 U.S.C. subtitle IV, part B--
 minimum penalty for subsequent violation(s).
----------------------------------------------------------------------------------------------------------------


[[Page 1751]]

E. FRA 2020 Adjustments

    FRA's 2020 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                                                                                                    (existing
                 Description                             Citation             Existing penalty     penalty  x
                                                                                                    1.01764)
----------------------------------------------------------------------------------------------------------------
Minimum rail safety penalty.................  49 U.S.C. ch. 213.............              $892              $908
Ordinary maximum rail safety penalty........  49 U.S.C. ch. 213.............            29,192            29,707
Maximum penalty for an aggravated rail        49 U.S.C. ch. 213.............           116,766           118,826
 safety violation.
Minimum penalty for hazardous materials       49 U.S.C. 5123................               493               502
 training violations.
Maximum penalty for ordinary hazardous        49 U.S.C. 5123................            81,993            83,439
 materials violations.
Maximum penalty for aggravated hazardous      49 U.S.C. 5123................           191,316           194,691
 materials violations.
----------------------------------------------------------------------------------------------------------------

F. PHMSA 2020 Adjustments

    PHMSA's civil penalties affected by this rule for hazardous 
materials violations are located in 49 CFR 107.329, appendix A to 
subpart D of 49 CFR part 107, and Sec.  171.1. The civil penalties 
affected by this rule for pipeline safety violations are located in 
Sec.  190.223. PHMSA's 2020 civil penalty adjustments are summarized in 
the chart below.

----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                                                                                                    (existing
                 Description                             Citation             Existing penalty     penalty  x
                                                                                                    1.01764)
----------------------------------------------------------------------------------------------------------------
Maximum penalty for hazardous materials       49 U.S.C. 5123................           $81,993           $83,439
 violation.
Maximum penalty for hazardous materials       49 U.S.C. 5123................           191,316           194,691
 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................               493               502
 training violations.
Maximum penalty for each pipeline safety      49 U.S.C. 60122(a)(1).........           218,647           222,504
 violation.
Maximum penalty for a related series of       49 U.S.C. 60122(a)(1).........         2,186,465         2,225,034
 pipeline safety violations.
Maximum additional penalty for each           49 U.S.C. 60122(a)(2).........            79,875            81,284
 liquefied natural gas pipeline facility
 violation.
Maximum penalty for discrimination against    49 U.S.C. 60122(a)(3).........             1,270             1,292
 employees providing pipeline safety
 information.
----------------------------------------------------------------------------------------------------------------

G. MARAD 2019 Adjustments

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

----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                                                                                                    (existing
                 Description                             Citation             Existing penalty     penalty  x
                                                                                                    1.01764)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for a single violation  46 U.S.C. 31309...............           $21,038           $21,409
 of any provision under 46 U.S.C. Chapter
 313 and all of Subtitle III related MARAD
 regulations, except for violations of 46
 U.S.C. 31329.
Maximum civil penalty for a single violation  46 U.S.C. 31330...............            52,596            53,524
 of 46 U.S.C. 31329 as it relates to the
 court sales of documented vessels.
Maximum civil penalty for a single violation  46 U.S.C. 56101(e)............            21,134            21,507
 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  46 U.S.C. 50113(b)............               133               135
 AMVER report.
Maximum civil penalty for violating           50 U.S.C. 4513................            26,582            27,051
 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...............           154,197           156,917
 applying for or renewing a vessel's fishery
 endorsement.
----------------------------------------------------------------------------------------------------------------

H. SLSDC 2020 Adjustments

    SLSDC's 2020 civil penalty adjustment is as follows:

[[Page 1752]]



----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                                                                                                    (existing
                 Description                             Citation             Existing penalty     penalty  x
                                                                                                    1.01764)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for each violation of   33 U.S.C. 1232................           $94,219           $95,881
 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).\7\ The Small Business Administration's A Guide for Government 
Agencies: How to Comply with the Regulatory Flexibility Act (2012), 
explains that:
---------------------------------------------------------------------------

    \7\ 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 [Administrative Procedure Act (APA)] or any rule 
of general applicability governing federal grants to state and local 
governments, the agency is required to publish a general notice of 
proposed rulemaking (NPRM), the RFA must be considered [citing 5 
U.S.C. 604(a)]. . . . If an NPRM is not required, the RFA does not 
---------------------------------------------------------------------------
apply.

    As stated above, DOT has determined that good cause exists to 
publish this final rule without notice and comment procedures under the 
APA. Therefore, the 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 
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,

[[Page 1753]]

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 Parts 216, 217, 221, 224, 229, 230, 232, 233, and 239

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 218

    Occupational safety and health, Penalties, Railroad employees, 
Railroad safety, Reporting and recordkeeping requirements.

49 CFR Part 219

    Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad 
safety, Reporting and recordkeeping requirements, Safety, 
Transportation.

49 CFR Part 220

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

49 CFR Parts 222, 235, 240, 242, 243, and 244

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

49 CFR Part 223

    Glazing standards, Penalties, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 225

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

49 CFR Part 227

    Noise control, Occupational safety and health, Penalties, Railroad 
safety, Reporting and recordkeeping requirements.

49 CFR Part 228

    Penalties, Railroad employees, Reporting and recordkeeping 
requirements.

49 CFR Part 231

    Penalties, Railroad safety.

49 CFR Part 234

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

49 CFR Part 236

    Penalties, Positive train control, Railroad safety, Reporting and 
recordkeeping requirements.

49 CFR Part 237

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

49 CFR Part 238

    Fire prevention, Passenger equipment, Penalties, Railroad safety, 
Reporting and recordkeeping requirements.

49 CFR Part 241

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

49 CFR Part 272

    Penalties, Railroad employees, Railroad safety, Railroads, Safety, 
Transportation.

49 CFR Part 386

    Administrative procedures, Commercial motor vehicle safety, 
Highways and roads, Motor carriers, Penalties.

49 CFR Part 578

    Imports, Motor vehicle safety, Motor vehicles, Rubber and rubber 
products, Tires, Penalties.

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

Title 14--Aeronautics and Space

PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

0
1. Revise the authority citation for part 13 to read as follows:

    Authority: 18 U.S.C. 6002, 28 U.S.C. 2461 (note); 49 U.S.C. 
106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44703, 44709- 
44710, 44713, 44725, 44802 (note), 46101-46111, 46301, 46302 (for a 
violation of 49 U.S.C. 46504), 46304-46316, 46318-46320, 46501-
46502, 46504-46507, 47106, 47107, 47111, 47122, 47306, 47531-47532; 
49 CFR 1.83.


0
2. Amend Sec.  13.301 by revising paragraphs (b) and (c) to read as 
follows:


Sec.  13.301  Inflation adjustments of civil monetary penalties.

* * * * *
    (b) Each adjustment to a maximum civil monetary penalty or to 
minimum and maximum civil monetary penalties that establish a civil 
monetary penalty range applies to actions initiated under this part for 
violations occurring on or after January 11, 2021, notwithstanding 
references to specific civil penalty amounts elsewhere in this part.
    (c) Minimum and maximum civil monetary penalties are as follows:

[[Page 1754]]



       Table 1 to Sec.   13.301--Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations
----------------------------------------------------------------------------------------------------------------
                                                                  New minimum                      New maximum
                                                                penalty amount                    penalty amount
                                                                for violations                    for violations
                                Civil monetary   2019 minimum     occurring on    2019 maximum   occurring on or
 United States Code citation       penalty      penalty amount     or after      penalty amount   after  January
                                 description                      January 11,                       11, 2021,
                                                                2021, adjusted                     adjusted for
                                                                 for inflation                      inflation
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a)(1).........  Violation of                N/A             N/A  $81,993........  $83,439.
                                hazardous
                                materials
                                transportation
                                law.
49 U.S.C. 5123(a)(2).........  Violation of                N/A             N/A  $191,316.......  $194,691.
                                hazardous
                                materials
                                transportation
                                law resulting
                                in death,
                                serious
                                illness,
                                severe injury,
                                or substantial
                                property
                                destruction.
49 U.S.C. 5123(a)(3).........  Violation of               $493            $502  $81,993........  $83,439.
                                hazardous
                                materials
                                transportation
                                law relating
                                to training.
49 U.S.C. 44802 note.........  Operation of an             N/A             N/A  $25,000........  $25,441.
                                unmanned
                                aircraft or
                                unmanned
                                aircraft
                                system
                                equipped or
                                armed with a
                                dangerous
                                weapon.
49 U.S.C. 46301(a)(1)........  Violation by a              N/A             N/A  $34,174........  $34,777.
                                person other
                                than an
                                individual or
                                small business
                                concern under
                                49 U.S.C.
                                46301(a)(1)(A)
                                or (B).
49 U.S.C. 46301(a)(1)........  Violation by an             N/A             N/A  $1,501.........  $1,527.
                                airman serving
                                as an airman
                                under 49
                                U.S.C.
                                46301(a)(1)(A)
                                or (B) (but
                                not covered by
                                46301(a)(5)(A)
                                or (B)).
49 U.S.C. 46301(a)(1)........  Violation by an             N/A             N/A  $1,501.........  $1,527.
                                individual or
                                small business
                                concern under
                                49 U.S.C.
                                46301(a)(1)(A)
                                or (B) (but
                                not covered in
                                49 U.S.C.
                                46301(a)(5)).
49 U.S.C. 46301(a)(3)........  Violation of 49             N/A             N/A  Increase above   No change.
                                U.S.C.                                           otherwise
                                47107(b) (or                                     applicable
                                any assurance                                    maximum amount
                                made under                                       not to exceed
                                such section)                                    3 times the
                                or 49 U.S.C.                                     amount of
                                47133.                                           revenues that
                                                                                 are used in
                                                                                 violation of
                                                                                 such section.
49 U.S.C. 46301(a)(5)(A).....  Violation by an             N/A             N/A  $13,669........  $13,910.
                                individual or
                                small business
                                concern
                                (except an
                                airman serving
                                as an airman)
                                under 49
                                U.S.C.
                                46301(a)(5)(A)
                                (i) or (ii).
49 U.S.C. 46301(a)(5)(B)(i)..  Violation by an             N/A             N/A  $13,669........  $13,910.
                                individual or
                                small business
                                concern
                                related to the
                                transportation
                                of hazardous
                                materials.
49 U.S.C. 46301(a)(5)(B)(ii).  Violation by an             N/A             N/A  $13,669........  $13,910.
                                individual or
                                small business
                                concern
                                related to the
                                registration
                                or recordation
                                under 49
                                U.S.C. chapter
                                441, of an
                                aircraft not
                                used to
                                provide air
                                transportation.
49 U.S.C. 46301(a)(5)(B)(iii)  Violation by an             N/A             N/A  $13,669........  $13,910.
                                individual or
                                small business
                                concern of 49
                                U.S.C.
                                44718(d),
                                relating to
                                limitation on
                                construction
                                or
                                establishment
                                of landfills.
49 U.S.C. 46301(a)(5)(B)(iv).  Violation by an             N/A             N/A  $13,669........  $13,910.
                                individual or
                                small business
                                concern of 49
                                U.S.C. 44725,
                                relating to
                                the safe
                                disposal of
                                life-limited
                                aircraft parts.
49 U.S.C. 46301 note.........  Individual who              N/A             N/A  $25,000........  $26,614.
                                aims the beam
                                of a laser
                                pointer at an
                                aircraft in
                                the airspace
                                jurisdiction
                                of the United
                                States, or at
                                the flight
                                path of such
                                an aircraft.
49 U.S.C. 46301(b)...........  Tampering with              N/A             N/A  $4,388.........  $4,465.
                                a smoke alarm
                                device.
49 U.S.C. 46302..............  Knowingly                   N/A             N/A  $23,832........  $24,252.
                                providing
                                false
                                information
                                about alleged
                                violation
                                involving the
                                special
                                aircraft
                                jurisdiction
                                of the United
                                States.
49 U.S.C. 46318..............  Interference                N/A             N/A  $35,883........  $36,516.
                                with cabin or
                                flight crew.
49 U.S.C. 46319..............  Permanent                   N/A             N/A  $13,669........  $13,910.
                                closure of an
                                airport
                                without
                                providing
                                sufficient
                                notice.
49 U.S.C. 46320..............  Operating an                N/A             N/A  $20,923........  $21,292.
                                unmanned
                                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             N/A             N/A  See 49 U.S.C.    See 49 U.S.C.
                                U.S.C. 47528-                                    46301(a)(1)      46301(a)(1)
                                47530,                                           and (a)(5),      and (a)(5),
                                relating to                                      above.           above.
                                the
                                prohibition of
                                operating
                                certain
                                aircraft not
                                complying with
                                stage 3 noise
                                levels.
----------------------------------------------------------------------------------------------------------------


[[Page 1755]]

PART 383--CIVIL PENALTIES

0
3. The authority citation for part 383 continues to read as follows:

    Authority: Sec. 701, Pub. L. 114-74, 129 Stat. 584; Sec. 503, 
Pub. L. 108-176, 117 Stat. 2490; Pub. L. 101-410, 104 Stat. 890; 
Sec. 31001, Pub. L. 104-134.


0
4. Section 383.2 is revised to read as follows:


Sec.  383.2  Amount of penalty.

    Civil penalties payable to the U.S. Government for violations of 
Title 49, Chapters 401 through 421, pursuant to 49 U.S.C. 46301(a), are 
as follows:
    (a) A general civil penalty of not more than $34,777 (or $1,530 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 $13,910 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 $6,955 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 $3,478 applies for violations of 
section 41712 or consumer protection rules or orders (see 49 U.S.C. 
46301(a)(5)(D)).

PART 406--INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW

0
5. The authority citation for part 406 continues to read as follows:

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


0
6. Amend Sec.  406.9 by revising paragraph (a) to read as follows:


Sec.  406.9  Civil penalties.

    (a) Civil penalty liability. Under 51 U.S.C. 50917(c), a person 
found by the 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 $244,391 for each 
violation. A separate violation occurs for each day the violation 
continues.
* * * * *

Title 33--Navigation and Navigable Waters

PART 401--SEAWAY REGULATIONS AND RULES

Subpart B--Penalties--Violations of Seaway Regulations

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

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


0
8. Amend Sec.  401.102 by revising paragraph (a) to read as follows:


Sec.  401.102  Civil penalty.

    (a) A person, as described in Sec.  401.101(b) who violates a 
regulation in this chapter is liable to a civil penalty of not more 
than $95,881.
* * * * *

Title 46--Shipping

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

0
9. The authority citation for part 221 continues to read as follows:

    Authority: 46 U.S.C. chs. 301, 313, and 561; Pub. L. 114-74; 49 
CFR 1.93.


0
10. Section 221.61(b) is revised to read as follows:


Sec.  221.61  Compliance.

* * * * *
    (b) Pursuant to 46 U.S.C. 31309, a general penalty of not more than 
$21,409 may be assessed for each violation of chapter 313 or 46 U.S.C. 
subtitle III administered by the Maritime Administration, and pursuant 
to the regulations in this part a person violating 46 U.S.C. 31329 is 
liable for a civil penalty of not more than $53,524 for each violation. 
A person who charters, sells, transfers or mortgages a vessel, or an 
interest therein, in violation of 46 U.S.C. 56101(e) is liable for a 
civil penalty of not more than $21,507 for each violation.

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

0
11. The authority citation for part 307 continues to read as follows:

    Authority: Pub. L. 109-304; 46 U.S.C. 50113; Pub. L. 114-74; 49 
CFR 1.93.


0
12. Section 307.19 is revised to read as follows:


Sec.  307.19  Penalties.

    The owner or operator of a vessel in the waterborne foreign 
commerce of the United States is subject to a penalty of $135.00 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
13. The authority citation for part 340 continues to read as follows:

    Authority: 50 U.S.C. 4501 et seq. (``The Defense Production 
Act''); Executive Order 13603 (77 FR 16651); Executive Order 12656 
(53 FR 47491); Pub. L. 114-74; 49 CFR 1.45; 49 CFR 1.93(l).


0
14. Section 340.9 is revised to read as follows:


Sec.  340.9  Compliance.

    Pursuant 50 U.S.C. 4513 any person who willfully performs any act 
prohibited, or willfully fails to perform any act required, by the 
provisions of this part shall, upon conviction, be fined not more than 
$27,051 or imprisoned for not more than one year, or both.

PART 356--REQUIREMENTS FOR VESSELS OF 100 FEET OR GREATER IN 
REGISTERED LENGTH TO OBTAIN A FISHERY ENDORSEMENT TO THE VESSEL'S 
DOCUMENTATION

0
15. The authority citation for part 356 continues to read as follows:

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


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


Sec.  356.49  Penalties.

* * * * *
    (b) A fine of up to $156,917 may be assessed against the vessel 
owner for each day in which such vessel has engaged in fishing (as such 
term is defined in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802)) within the exclusive 
economic zone of the United States; and
* * * * *

[[Page 1756]]

Title 49--Transportation

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

0
17. The authority citation for part 107 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Section 
4; Pub. L. 104-121 Sections 212-213; Pub. L. 104-134 Section 31001; 
Pub. L. 114-74 Section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 and 
1.97; 33 U.S.C. 1321.


0
18. 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 $83,439 for each 
violation, except the maximum civil penalty is $194,691 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 $502 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 
$83,439 for each violation, except the maximum civil penalty is 
$194,691 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 $502 
for violations relating to training.

Appendix A to Subpart D of Part 107 [Amended]

0
19. In appendix A to subpart D of part 107, remove ``$81,993 or 
$191,316'' and ``July 31, 2019'' and add in their places ``$83,439 or 
$194,691'' and ``January 11, 2021,'' respectively.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

0
20. The authority citation for part 171 continues to read as follows:

    Authority: 49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 section 
4; Pub. L. 104-134, section 31001; Pub. L. 114-74 section 4 (28 
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.


0
21. Amend Sec.  171.1 by revising paragraph (g) to read as follows:


Sec.  171.1  Applicability of Hazardous Materials Regulations (HMR) to 
persons and functions.

* * * * *
    (g) Penalties for noncompliance. Each person who knowingly violates 
a requirement of the Federal hazardous material transportation law, an 
order issued under Federal hazardous material transportation law, 
subchapter A of this chapter, or a special permit or approval issued 
under subchapter A or C of this chapter is liable for a civil penalty 
of not more than $83,439 for each violation, except the maximum civil 
penalty is $194,691 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 $502 for a violation relating to training.

PART 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES

0
22. The authority citation for part 190 continues to read as follows:

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


0
23. Amend Sec.  190.223 by revising paragraphs (a), (c), and (d) to 
read as follows:


Sec.  190.223  Maximum penalties.

    (a) Any person found to have violated a provision of 49 U.S.C. 
60101, et seq., or any regulation in 49 CFR parts 190 through 199, or 
order issued pursuant to 49 U.S.C. 60101, et seq. or 49 CFR part 190, 
is subject to an administrative civil penalty not to exceed $222,504 
for each violation for each day the violation continues, with a maximum 
administrative civil penalty not to exceed $2,225,034 for any related 
series of violations.
* * * * *
    (c) Any person found to have violated any standard or order under 
49 U.S.C. 60103 is subject to an administrative civil penalty not to 
exceed $81,284, 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 $1,292, which may be in addition to other 
penalties to which such person may be subject under paragraph (a) of 
this section.
* * * * *

PART 209--RAILROAD SAFETY ENFORCEMENT PROCEDURES

0
24. The authority citation for part 209 continues to read as follows:

    Authority: 49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 
20114; 28 U.S.C. 2461, note; and 49 CFR 1.89.


0
25. Amend Sec.  209.103 by revising paragraphs (a) and (c) to read as 
follows:


Sec.  209.103  Minimum and maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal 
hazardous materials transportation laws, an order issued thereunder, 
subchapter A or C of chapter I, subtitle B, of this title, or a special 
permit or approval issued under subchapter A or C of chapter I, 
subtitle B, of this title is liable for a civil penalty of not more 
than $83,439 for each violation, except that--
    (1) The maximum civil penalty for a violation is $194,691 if the 
violation results in death, serious illness, or severe injury to any 
person, or substantial destruction of property; and
    (2) A minimum $502 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 January 
11, 2021.

0
26. Amend Sec.  209.105 by revising the last sentence of paragraph (c) 
to read as follows:


Sec.  209.105  Notice of probable violation.

* * * * *
    (c) * * * In an amended notice, FRA may change the civil penalty 
amount proposed to be assessed up to and including the maximum penalty 
amount of $83,439 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 $194,691.


Sec.  209.409  [Amended]

0
27. Amend Sec.  209.409 as follows:

[[Page 1757]]

0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

0
28. 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 January 11, 2021, the minimum civil monetary 
penalty was raised from $892 to $908, the ordinary maximum civil 
monetary penalty was raised from $29,192 to $29,707, and the 
aggravated maximum civil monetary penalty was raised from $116,766 
to $118,826.
    * * * For each regulation in this part or order, the schedule 
shows two amounts within the $908 to $29,707 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 $118,826 per violation 
where a pattern of repeated violations or a grossly negligent 
violation has created an imminent hazard of death or injury or has 
caused death or injury. * * *
* * * * *

Appendix B to Part 209 [Amended]

0
29. Amend appendix B to part 209 as follows:
0
a. Remove the dollar amount ``$81,993'' everywhere it appears and add 
in its place ``$83,439'';
0
b. Remove the dollar amount ``$191,316'' everywhere it appears and add 
in its place ``$194,691''; and
0
c. Remove the dollar amount ``$493'' and add in its place ``$502''.

PART 213--TRACK SAFETY STANDARDS

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

    Authority: 49 U.S.C. 20102-20114 and 20142; 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
31. In Sec.  213.15, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 214--RAILROAD WORKPLACE SAFETY

0
32. 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
33. Amend Sec.  214.5 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 215--RAILROAD FREIGHT CAR SAFETY STANDARDS

0
34. The authority citation for part 215 continues to read as follows:

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


Sec.  215.7  [Amended]

0
35. Amend Sec.  215.7 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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

0
36. The authority citation for part 216 continues to read as follows:

    Authority: 49 U.S.C. 20102-20104, 20107, 20111, 20133, 20701-
20702, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89.


Sec.  216.7  [Amended]

0
37. Amend Sec.  216.7 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 217--RAILROAD OPERATING RULES

0
38. 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
39. Amend Sec.  217.5 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 218--RAILROAD OPERATING PRACTICES

0
40. 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
41. Amend Sec.  218.9 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 219--CONTROL OF ALCOHOL AND DRUG USE

0
42. 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
43. Amend Sec.  219.10 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

[[Page 1758]]

PART 220--RAILROAD COMMUNICATIONS

0
44. 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
45. Amend Sec.  220.7 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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

0
46. 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
47. Amend Sec.  221.7 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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

0
48. 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
49. Amend Sec.  222.11 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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

0
50. 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
51. Amend Sec.  223.7 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 224--REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK

0
52. 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
53. In Sec.  224.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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

0
54. 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
55. Amend Sec.  225.29 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 227--OCCUPATIONAL NOISE EXPOSURE

0
56. 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
57. In Sec.  227.9, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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

0
58. 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, Pub. L. 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
59. In Sec.  228.6, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

0
60. In appendix A to part 228, under the heading ``General 
Provisions,'' amend the ``Penalty'' paragraph by adding a sentence at 
the end of the first paragraph to read as follows:

Appendix A to Part 228--Requirements of the Hours of Service Act: 
Statement of Agency Policy and Interpretation

* * * * *

General Provisions

* * * * *
    Penalty. * * * Effective January 11, 2021, the minimum civil 
monetary penalty was raised from $892 to $908, the ordinary maximum 
civil monetary penalty was raised from $29,192 to $29,707, and the 
aggravated maximum civil monetary penalty was raised from $116,766 
to $118,826.
* * * * *

PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS

0
61. 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
62. In Sec.  229.7, amend paragraph (b) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and

[[Page 1759]]

0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS

0
63. 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
64. In Sec.  230.4, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 231--RAILROAD SAFETY APPLIANCE STANDARDS

0
65. 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
66. In Sec.  231.0, amend paragraph (f) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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

0
67. 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
68. In Sec.  232.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 233--SIGNAL SYSTEMS REPORTING REQUIREMENTS

0
69. 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
70. Amend Sec.  233.11 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 234--GRADE CROSSING SAFETY

0
71. 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
72. In Sec.  234.6, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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
73. 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
74. Amend Sec.  235.9 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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

0
75. 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
76. In Sec.  236.0, amend paragraph (f) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 237--BRIDGE SAFETY STANDARDS

0
77. 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
78. In Sec.  237.7, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS

0
79. 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
80. In Sec.  238.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

[[Page 1760]]

PART 239--PASSENGER TRAIN EMERGENCY PREPAREDNESS

0
81. 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
82. Amend Sec.  239.11 as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS

0
83. 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
84. In Sec.  240.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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

0
85. 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
86. In Sec.  241.15, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 242--QUALIFICATION AND CERTIFICATION OF CONDUCTORS

0
87. 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
88. In Sec.  242.11, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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

0
89. 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
90. In Sec.  243.7, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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

0
91. 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
92. In Sec.  244.5, amend paragraph (a) as follows:
0
a. Remove the dollar amount ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

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 ``$892'' and add in its place ``$908'';
0
b. Remove the dollar amount ``$29,192'' and add in its place 
``$29,707''; and
0
c. Remove the dollar amount ``$116,766'' and add in its place 
``$118,826''.

PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS

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

    Authority: 49 U.S.C. 113; chapters 5, 51, 131-141, 145-149, 311, 
313, and 315; Sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 
U.S.C. 701 note); Sec. 32402, Pub. L. 112-141, 126 Stat. 405, 795 
(49 U.S.C. 31306a); Sec. 701 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 and IV.a. through e. and 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 [Public Law 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 $1,112 but not more than $11,125 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 $1,928 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 $19,277 per violation.

[[Page 1761]]

    (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--$1,928 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 $19,277 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 $964 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 $27,813 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 $24,441 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 $15,691 for each day that operations are 
conducted during the suspension or revocation period.
    j. Violation--Conducting operations during a period of 
suspension or revocation under Sec.  385.911, Sec.  385.913, Sec.  
385.1009, or Sec.  385.1011 of this subchapter.
    Penalty--Up to $24,441 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)(1) through 
(8), (10) through (14), and (16) through (18), (g)(21)(i), (g)(22) and 
(23), (h), and (i) to read as follows:

Appendix B to Part 386--Penalty Schedule: Violations and Monetary 
Penalties

    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 part 40 of this title and parts 382, 
subpart A, B, C, D, E, or F, 385, and 390 through 399 of this 
subchapter, or prepares or maintains a required record that is 
incomplete, inaccurate, or false, is subject to a maximum civil 
penalty of $1,292 for each day the violation continues, up to 
$12,919.
    (2) Knowing falsification of records. A person or entity that 
knowingly falsifies, destroys, mutilates, or changes a report or 
record required by parts 382, subpart A, B, C, D, E, or F, 385, and 
390 through 399 of this subchapter, knowingly makes or causes to be 
made a false or incomplete record about an operation or business 
fact or transaction, or knowingly makes, prepares, or preserves a 
record in violation of a regulation order of the Secretary is 
subject to a maximum civil penalty of $12,919 if such action 
misrepresents a fact that constitutes a violation other than a 
reporting or recordkeeping violation.
    (3) Non-recordkeeping violations. A person or entity that 
violates part 382, subpart A, B, C, D, E, or F, part 385, or parts 
390 through 399 of this subchapter, except a recordkeeping 
requirement, is subject to a civil penalty not to exceed $15,691 for 
each violation.
    (4) Non-recordkeeping violations by drivers. A driver who 
violates parts 382, subpart A, B, C, D, E, or F, 385, and 390 
through 399 of this subchapter, except a recordkeeping violation, is 
subject to a civil penalty not to exceed $3,923.
    (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 $3,230 for a first conviction and not less 
than $6,460 for a second or subsequent conviction.
* * * * *
    (b) Commercial driver's license (CDL) violations. Any employer, 
employee, medical review officer, or service agent who violates any 
provision of 49 CFR part 382, subpart G, or any person who violates 
49 CFR part 383, subpart B, C, E, F, G, or H, is subject to a civil 
penalty not to exceed $5,833; except:
    (1) A CDL-holder who is convicted of violating an out-of-service 
order shall be subject to a civil penalty of not less than $3,230 
for a first conviction and not less than $6,460 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 $5,833 or more 
than $32,297; 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 $16,743.
* * * * *
    (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 $17,213. 
Each day of a continuing violation constitutes a separate offense.
    (e) Violations of the Hazardous Materials Regulations (HMRs) and 
safety permitting regulations found in subpart E of part 385 of this 
subchapter. This paragraph (e) applies to violations by motor 
carriers, drivers, shippers and other persons who transport 
hazardous materials on the highway in commercial motor vehicles or 
cause hazardous materials to be so transported.
    (1) All knowing violations of 49 U.S.C. chapter 51 or orders or 
regulations issued under the authority of that chapter applicable to 
the transportation or shipment of hazardous materials by commercial 
motor vehicle on the highways are subject to a civil penalty of not 
more than $83,439 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 $502 and not more than $83,439 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 $83,439 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 $83,439.
    (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 $194,691 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.

[[Page 1762]]

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 $27,813 (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 $83,439 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 
$194,691 for each offense. Each day the transportation continues in 
violation of a final ``unsatisfactory'' safety rating constitutes a 
separate offense.
    (g) * * *
    (1) A person who operates as a motor carrier for the 
transportation of property in violation of the registration 
requirements of 49 U.S.C. 13901 is liable for a minimum penalty of 
$11,125 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 
$11,125 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 $27,813 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 $11,125 per 
violation.
    (5) A person who operates as a foreign motor carrier or foreign 
motor private carrier without authority, outside the boundaries of a 
commercial zone along the United States-Mexico border, is liable for 
a maximum penalty of $15,299 for an intentional violation and a 
maximum penalty of $38,250 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 
$22,251 and a maximum penalty of $44,501 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 $1,673 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 $3,349 for the first 
violation and $8,372 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 $167,433 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 $334 for the first violation and $418 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 $838 for the first 
violation and up to $3,349 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 $838 for the first violation and up to $3,349 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 $16,743 per 
violation.
* * * * *
    (16) A person required to make a report to the Secretary, answer 
a question, or make, prepare, or preserve a record under part B of 
subtitle IV, title 49, U.S.C., or an officer, agent, or employee of 
that person, is liable for a minimum penalty of $1,112 and for a 
maximum penalty of $8,372 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 $3,349.
    (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 $838 for each violation if another penalty 
is not provided in 49 U.S.C. chapter 149.
* * * * *
    (21) * * *
    (i) Who knowingly and willfully fails, in violation of a 
contract, to deliver to, or unload at, the destination of a shipment 
of household goods in interstate commerce for which charges have 
been estimated by the motor carrier transporting such goods, and for 
which the shipper has tendered a payment in accordance with part 
375, subpart G, of this subchapter, is liable for a civil penalty of 
not less than $16,743 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 $12,919 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 $32,297 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 $1,292 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 $12,919.
    (i) Evasion. A person, or an officer, employee, or agent of that 
person:
    (1) Who by any means tries to evade regulation of motor carriers 
under title 49, United States Code, chapter 5, chapter 51, 
subchapter III of chapter 311 (except sections 31138 and 31139) or 
section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502, or

[[Page 1763]]

a regulation in subtitle B, chapter I, subchapter C of this title, 
or this subchapter, issued under any of those provisions, shall be 
fined at least $2,226 but not more than $5,562 for the first 
violation and at least $2,780 but not more than $8,344 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 $2,226 for the first violation or at least $5,562 for a 
subsequent violation.

PART 578--CIVIL AND CRIMINAL PENALTIES

0
98. The authority citation for 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.  578.6, paragraphs (a)(1), (a)(2)(i)(B), (a)(3) and (4), 
(b) through (g), (h)(1), 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) * * *
    (1) In general. A person who violates any of sections 30112, 30115, 
30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through 30147 
of Title 49 of the United States Code or a regulation in this chapter 
prescribed under any of those sections is liable to the United States 
Government for a civil penalty of not more than $22,723 for each 
violation. A separate violation occurs for each motor vehicle or item 
of motor vehicle equipment and for each failure or refusal to allow or 
perform an act required by any of those sections. The maximum civil 
penalty under this paragraph (a)(1) for a related series of violations 
is $113,611,635.
    (2) * * *
    (i) * * *
    (B) Violates section 30112(a)(2) of Title 49 United States Code, 
shall be subject to a civil penalty of not more than $12,919 for each 
violation. A separate violation occurs for each motor vehicle or item 
of motor vehicle equipment and for each failure or refusal to allow or 
perform an act required by this section. The maximum penalty under this 
paragraph (a)(2)(i)(B) for a related series of violations is 
$19,378,412.
    (3) Section 30166. A person who violates Section 30166 of Title 49 
of the United States Code or a regulation in this chapter prescribed 
under that section is liable to the United States Government for a 
civil penalty for failing or refusing to allow or perform an act 
required under that section or regulation. The maximum penalty under 
this paragraph (a)(3) is $22,723 per violation per day. The maximum 
penalty under this paragraph (a)(3) for a related series of daily 
violations is $113,611,635.
    (4) False and misleading reports. A person who knowingly and 
willfully submits materially false or misleading information to the 
Secretary, after certifying the same information as accurate under the 
certification process established pursuant to Section 30166(o) of Title 
49 of the United States Code, shall be subject to a civil penalty of 
not more than $5,562 per day. The maximum penalty under this paragraph 
(a)(4) for a related series of daily violations is $1,112,518.
    (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 $1,814 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 $2,976 for each violation. A separate violation occurs for 
each passenger motor vehicle or item of passenger motor vehicle 
equipment involved in a violation of 49 U.S.C. 32506(a)(1) or (4)--
    (i) That does not comply with a standard prescribed under 49 U.S.C. 
32502; or
    (ii) For which a certificate is not provided, or for which a false 
or misleading certificate is provided, under 49 U.S.C. 32504.
    (2) The maximum civil penalty under this paragraph (c) for a 
related series of violations is $3,313,763.
    (d) Consumer information--(1) Crash-worthiness and damage 
susceptibility. A person who violates 49 U.S.C. 32308(a), regarding 
crashworthiness and damage susceptibility, is liable to the United 
States Government for a civil penalty of not more than $2,976 for each 
violation. Each failure to provide information or comply with a 
regulation in violation of 49 U.S.C. 32308(a) is a separate violation. 
The maximum penalty under this paragraph (d)(1) for a related series of 
violations is $1,623,024.
    (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 $61,586 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 $1,814 for each 
violation. Each failure to attach or maintain that label for each 
vehicle is a separate violation.
    (f) Odometer tampering and disclosure. (1) A person that violates 
49 U.S.C. Chapter 327 or a regulation in this chapter prescribed or 
order issued thereunder is liable to the United States Government for a 
civil penalty of not more than $11,125 for each violation. A separate 
violation occurs for each motor vehicle or device involved in the 
violation. The maximum civil penalty under this paragraph (f)(1) for a 
related series of violations is $1,112,518.
    (2) A person that violates 49 U.S.C. Chapter 327 or a regulation in 
this chapter prescribed or order issued thereunder, with intent to 
defraud, is liable for three times the actual damages or $11,125, 
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 $2,444 for each violation. The failure of more 
than one part of a single motor vehicle to conform to an applicable 
standard under 49 U.S.C. 33102 or 33103 is only a single violation. The 
maximum penalty under this paragraph (g)(1) for a related series of 
violations is $610,979.
    (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 $181,484 
a day for each violation.
    (h) * * *
    (1) A person that violates 49 U.S.C. 32911(a) is liable to the 
United States Government for a civil penalty of not more than $43,280 
for each violation. A separate violation occurs for each day the 
violation continues.
* * * * *
    (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 $42,621 per vehicle or engine. The 
maximum civil penalty for a related series of violations shall be 
determined by multiplying $42,621 times the vehicle or engine 
production volume for the model year

[[Page 1764]]

in question within the regulatory averaging set.

    Issued in Washington, DC, on November 10, 2020.
Elaine L. Chao,
Secretary of Transportation.
[FR Doc. 2020-25236 Filed 1-8-21; 8:45 am]
BILLING CODE P