Revisions to Civil Penalty Amounts, 15839-15873 [2022-04456]

Download as PDF 15839 Rules and Regulations Federal Register Vol. 87, No. 54 Monday, March 21, 2022 This section of the FEDERAL REGISTER contains regulatory documents having general applicability and legal effect, most of which are keyed to and codified in the Code of Federal Regulations, which is published under 50 titles pursuant to 44 U.S.C. 1510. The Code of Federal Regulations is sold by the Superintendent of Documents. DEPARTMENT OF AGRICULTURE Federal Crop Insurance Corporation 7 CFR Parts 460 [Docket ID FCIC–22–0001] RIN 0563–AC77 Pandemic Cover Crop Program; Correction Federal Crop Insurance Corporation, U.S. Department of Agriculture (USDA). ACTION: Final rule; correction. AGENCY: Due to inadvertently having not included valid cover cropping practices because of the timing of acreage reporting, the Federal Crop Insurance Corporation (FCIC) is correcting a final rule that published in the Federal Register on February 11, 2022. The final rule announced the Pandemic Cover Crop Program (PCCP) that provides support for agricultural producers impacted by the COVID–19 pandemic for the 2022 crop year. With a specific focus on strengthening outreach to underserved producers and communities and small and medium agricultural operations, USDA dedicated funding to reaching a broader set of producers than was reached in previous COVID–19 assistance programs. As a part of that initiative, the final rule established PCCP for 2022. DATES: Effective April 12, 2022. FOR FURTHER INFORMATION CONTACT: David Zanoni; telephone (816) 926– 6142; email david.zanoni@usda.gov. Persons with disabilities who require alternative means of communication should contact the USDA Target Center at (202) 720–2600 or 844–433–2774. SUPPLEMENTARY INFORMATION: In FR Doc. 2022–02965, which published on February 11, 2022 at 87 FR 7927, the following corrections are made: ■ 1. On page 7929, in the second column, correct the definition of ‘‘eligible insured acres’’ and in the third khammond on DSKJM1Z7X2PROD with RULES SUMMARY: VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 column, correct the definition of ‘‘eligible WFRP acres’’ to read as follows: DEPARTMENT OF TRANSPORTATION § 460.9 14 CFR Parts 13 and 406 [Corrected] * * * * * Eligible insured acres means insured acres on which the producer planted a qualifying cover crop after June 15, 2021, during the 2021 crop year, or during the 2022 crop year, as reported on the Farm Service Agency’s (FSA) common land unit(s) (CLU) to FSA via a completed and signed Form 578Report of Acreage on or before March 15, 2022, or May 31, 2022, for 2022 crop year qualifying cover crops planted after March 15, 2022, which may be prior to FSA’s acreage reporting date, and reported the same CLU(s) on their crop insurance acreage report by the applicable Federal crop insurance acreage reporting date for a 2022 crop year crop insurance policy for a first insured crop. * * * * * Eligible WFRP acres means acres on which a person with a 2022 crop year WFRP policy planted a qualifying cover crop after June 15, 2021, during the 2021 crop year, or during the 2022 crop year, as reported on the CLU(s) to FSA via a completed and signed Form 578Report of Acreage on or before March 15, 2022, or May 31, 2022, for 2022 crop year qualifying cover crops planted after March 15, 2022, which may be prior to FSA’s acreage reporting date. * * * * * § 460.10 3. On page 7930, in the first column, in paragraph (a)(3), ‘‘Only acreage reports that are filed or amended prior to March 15 will be considered for PCCP’’ is corrected to read ‘‘Only acreage reports that are filed or amended prior to March 15, 2022, (or May 31, 2022, for 2022 crop year qualifying cover crops planted after March 15, 2022), will be considered for PCCP’’. Marcia Bunger, Manager, Federal Crop Insurance Corporation. [FR Doc. 2022–05785 Filed 3–18–22; 8:45 am] BILLING CODE 3410–08–P Frm 00001 Fmt 4700 Office of the Secretary 14 CFR Part 383 Great Lakes St. Lawrence Seaway Development Corporation 33 CFR Part 401 Maritime Administration 46 CFR Parts 221, 307, 340, and 356 Pipeline and Hazardous Materials Safety Administration 49 CFR Parts 107, 171, and 190 Federal Railroad Administration 49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 223, 224, 225, 227, 228, 229, 230, 231, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, and 272 Federal Motor Carrier Safety Administration 49 CFR Part 386 National Highway Traffic Safety Administration 49 CFR Part 578 RIN 2105–AF11 [Corrected] ■ PO 00000 Federal Aviation Administration Sfmt 4700 Revisions to Civil Penalty Amounts Department of Transportation (DOT or the Department). ACTION: Final rule. AGENCY: This final rule provides the statutorily-prescribed 2022 adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. In addition, this rule notes new DOT civil penalties authority provided in the Bipartisan Infrastructure Law (BIL, enacted as the Infrastructure Investment and Jobs Act). DATES: This rule is effective March 21, 2022. FOR FURTHER INFORMATION CONTACT: Elizabeth Kohl, Attorney-Advisor, SUMMARY: E:\FR\FM\21MRR1.SGM 21MRR1 15840 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Office of the General Counsel, U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 202–366–7253; elizabeth.kohl@ 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 to preserve their deterrent impact. The 2015 Act amended the formula and frequency of the adjustments. It required an initial catch-up adjustment in the form of an interim final rule, followed by annual adjustments of civil penalty amounts using a statutorily mandated formula. Section 4(b)(2) of the 2015 Act specifically directs that the annual adjustment be accomplished through final rule without notice and comment. This rule is effective immediately. This rule also notes new DOT authority to assess civil penalties for violations of requirements related to newly manufactured and operating railroad freight cars. The authority to assess these civil penalties was provided in the BIL, enacted as the Infrastructure Investment and Jobs Act, Public Law 117–58 (Nov. 15, 2021) and codified at 49 U.S.C. 20171. The Department’s authorities over the specific civil penalty regulations being amended by this rule are provided in the preamble discussion below. I. Background khammond on DSKJM1Z7X2PROD with RULES On November 2, 2015, the President signed into law the 2015 Act, which VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 amended the FCPIAA, to improve the effectiveness of civil monetary penalties and to maintain their deterrent effect. The 2015 Act requires Federal agencies to: (1) Adjust the level of civil monetary penalties with an initial ‘‘catch-up’’ adjustment through an interim final rule (IFR); and (2) make subsequent annual adjustments. The 2015 Act directed the Office of Management and Budget (OMB) to issue guidance on implementing the required annual adjustment no later than December 15 of each year.1 On December 15, 2021, OMB released this required guidance, in OMB Memorandum M22–07, which provides instructions on how to calculate the 2022 annual adjustment. To derive the 2022 adjustment, the Department must multiply the maximum or minimum penalty amount by the percent change between the October 2021 Consumer Price Index for All Urban Consumers (CPI–U) and the October 2020 CPI–U. In this case, as explained in OMB Memorandum M–22–07, the percent change between the October 2021 CPI– U and the October 2020 CPI–U is 1.06222. II. Issuance of a Final Rule This final rule is being published without notice and comment and with an immediate effective date. The 2015 Act provides clear direction for how to adjust the civil penalties, and clearly states at section 4(b)(2) that this adjustment shall be made ‘‘notwithstanding section 553 of title 5, United States Code.’’ By operation of the 2015 Act, DOT must publish an annual adjustment by January 15 of every year, and the new levels take effect upon publication of the rule. In addition, as noted previously in the discussion of the authority for this 1 28 PO 00000 U.S.C. 2461 note. Frm 00002 Fmt 4700 rulemaking, the BIL (Infrastructure Investment and Jobs Act, section 22425) provides authority for DOT to assess civil penalties for violations of requirements related to newly manufactured and operating railroad freight cars. DOT does not have discretion in this rulemaking to change the specified penalties set out in the statute. In addition, the statute directs DOT to issue any necessary implementing regulations and specifies that violations for which penalties may be assessed occur after the issuance of such regulations. As a result, no new civil penalties are being established in this rulemaking. Accordingly, DOT is publishing this final rule without prior notice and comment, and with an immediate effective date. III. Discussion of the Final Rule In 2016, OST and DOT’s operating administrations with civil monetary penalties promulgated the ‘‘catch up’’ IFR required by the 2015 Act. All DOT operating administrations have already finalized their ‘‘catch up’’ IFRs, and this rule makes the annual adjustment required by the 2015 Act. The Department emphasizes that this rule adjusts penalties prospectively, and therefore the penalty adjustments made by this rule will apply only to violations that take place after this rule becomes effective. This rule also does not change previously assessed or enforced penalties that DOT is actively collecting or has collected. A. Office of the Secretary (OST) 2022 Adjustments OST’s 2022 civil penalty adjustments are summarized in the chart below. BILLING CODE 4910–9X–P Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 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 concem2 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 B. Federal Aviation Administration (FAA) 2022 Adjustments FAA’s 2022 civil penalty adjustments are summarized in the chart below. khammond on DSKJM1Z7X2PROD with RULES 2 Note that the reference to this penalty amount in the regulatory text at 14 CFR 383.2(b) was edited VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 Existing Penalty 49 U.S.C. 46301(a)(l) $35,188 New Penalty (Existing Penalty X 1.06222) $37,377 49 U.S.C. 46301(a)(l) $1,548 $1,644 49 U.S.C. 46301(a)(5)(A) $14,074 $14,950 49 U.S.C. 46301(a)(5)(C) $7,037 $7,475 49 U.S.C. 46301(a)(5)(D) $3,519 $3,738 to reference that same penalty amount in 14 CFR 383.2(a). The edit was made to simplify reference to this penalty amount in 14 CFR 383.2 by referencing the dollar amount only once. Note also that the penalty amount in the 14 CFR 383.2(b) was incorrectly stated in DOT’s 2021 civil monetary penalty (CMP) update as $1,483 rather than $1,548. PO 00000 Frm 00003 Fmt 4700 Sfmt 4700 This rulemaking, by referencing the correct amount in 14 CFR 383.2(a), correct that error. E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.006</GPH> Description 15841 15842 Description khammond on DSKJM1Z7X2PROD with RULES 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 Knowing presentation of a nonconforming aircraft for issuance of an initial airworthiness certificate by a production certificate holder Knowing failure by an applicant for or holder of a type certificate to submit safety critical information or include certain such information in an airplane flight manual or flight crew VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 Citation Existing Penalty New Penalty (Existing Penalty x 1.06222) 49 U.S.C. 5123(a)(l) $84,425 $89,678 $196,992 $209,249 $508 $540 $84,425 $89,678 49 U.S.C. 44704(d)(3)(B) $1,000,000 $1,062,220 49 U.S.C. 44704(e)(4)(A) $1,000,000 $1,062,220 49 U.S.C. 5123(a)(2) 49 U.S.C. 5123(a)(3) 49 U.S.C. 5123(a)(3) PO 00000 Frm 00004 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.007</GPH> Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15843 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)(l)(A) or (B) Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(l)(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)(l)(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 VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 49 U.S.C. 44802 note $25,742 $27,344 49U.S.C. 46301(a)(l) $35,188 $37,377 49U.S.C. 4630l(a)(l) $1,548 $1,644 49U.S.C. 4630l(a)(l) $1,548 $1,644 49U.S.C. 46301(a)(5)(A) $14,074 $14,950 49U.S.C. 46301(a)(5)(B)(i) $14,074 $14,950 49U.S.C. 46301 (a)(5)(B)(ii) $14,074 $14,950 PO 00000 Frm 00005 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.008</GPH> khammond on DSKJM1Z7X2PROD with RULES operating manual contrary to 49 U.S.C. 44704( e)(1 )-(3) Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 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 Physical or sexual assault or threat to physically or sexually assault crewmember or other individual on an aircraft, or action that poses an imminent threat to the safety of the aircraft or individuals on board VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 49U.S.C. 46301 (a)(5)(B)(iii) $14,074 $14,950 49U.S.C. 46301(a)(5)(B)(iv) $14,074 $14,950 49 U.S.C. 46301 note $26,929 $28,605 49 U.S.C. 46301(b) $4,518 $4,799 49 U.S.C. 46302 $24,539 $26,066 49 u.s.c. 46318 $36,948 $39,247 PO 00000 Frm 00006 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.009</GPH> khammond on DSKJM1Z7X2PROD with RULES 15844 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 49 U.S.C. 46319 $14,074 $14,950 49 U.S.C. 46320 $21,544 $22,884 51 U.S.C. 50917(c) $247,280 $262,666 C. National Highway Traffic Safety Administration (NHTSA) 2022 Adjustments khammond on DSKJM1Z7X2PROD with RULES NHTSA’s 2022 civil penalty adjustments are summarized in the chart below. DOT’s annual civil monetary penalty adjustments have not VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 included adjustments of NHTSA’s civil penalties for violations of applicable corporate average fuel economy (CAFE) standards. Those standards, including any statutorily-required adjustments, are being addressed in a separate rulemaking proceeding (see NHTSA’s supplemental notice of proposed PO 00000 Frm 00007 Fmt 4700 Sfmt 4700 rulemaking published in August 2021 (86 FR 46811 (Aug. 20, 2021)). Subsequent to conclusion of that rulemaking proceeding, DOT intends to update the CAFE civil penalties addressed in that rulemaking in the DOT annual civil monetary penalties adjustment. E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.010</GPH> 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. 15845 VerDate Sep<11>2014 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Description Citation Maximum penalty amount for each violation of: 49 U.S.C. 30112, 30115, 3011730122, 30123(a), 30125(c), 30127, 30141-30147, 30166 or 31137, or a regulation prescribed under any of these sections Maximum penalty amount for a related series of violations of: 49 U.S.C. 30112, 30115, 30117-30122, 30123(a), 30125(c), 30127,3014130147, 30166 or 31137,ora regulation prescribed under any of these sections Maximum penalty per school bus related violation of 49U.S.C. 30112(a)(l) or 30112(a)(2) Maximum penalty amount for a series of school bus related violations of 49U.S.C. 30112(a)(l) or 30112(a)(2) Maximum penalty per violation for filing false or misleading reports 49U.S.C. 30165(a)(l), 30165(a)(3) 17:50 Mar 18, 2022 Jkt 256001 PO 00000 Existing Penalty 49U.S.C. 30165(a)(l), 30165(a)(3) New Penalty (Existing Penalty X 1.06222) $24,423 $22,992 $114,954,525 $122, 106,996 49U.S.C. 30165(a)(2)(A) $13,072 $13,885 49U.S.C. 30165(a)(2)(B) $19,607,465 $20,827,441 49U.S.C. 30165(a)(4) Frm 00008 Fmt 4700 Sfmt 4725 $5,628 E:\FR\FM\21MRR1.SGM $5,978 21MRR1 ER21MR22.011</GPH> khammond on DSKJM1Z7X2PROD with RULES 15846 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 49 U.S.C. 32506 Maximum penalty amount for a series of violations of a bumper standard under 49 U.S.C. 32506 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 VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 49 U.S.C. 30165(a)(4) $1,125,668 $1,195,707 u.s.c. 30505 $1,835 $1,949 49 U.S.C. 32507(a) $3,011 $3,198 $3,352,932 $3,561,551 $3,011 $3,198 $1,642,208 $1,744,386 49 49 U.S.C. 32507(a) 49 U.S.C. 32308(b) 49 U.S.C. 32308(b) 49 U.S.C. 32308(c) Frm 00009 Fmt 4700 Sfmt 4725 $62,314 E:\FR\FM\21MRR1.SGM 15847 $66,191 21MRR1 ER21MR22.012</GPH> khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES information program Maximum civil penalty for willfully failing to affix, or failing to maintain, the label required in 49 U.S.C. 32304 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 49 U.S.C. 33114(a)(l)-(4) Maximum penalty amount for a related series of violations of49U.S.C. 33114(a)(l)-(4) Maximum civil penalty for violations of 49 U.S.C. 33114(a)(5) Maximum civil penalty for violations under 49 U.S.C. 3291 l(a) related to automobile fuel economy Maximum civil penalty for a violation under the VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 49 u.s.c. 32309 $1,835 $1,949 49 u.s.c. 32709 $11,256 $11,956 $1,125,668 $1,195,707 49 U.S.C. 32709 49 U.S.C. 32710 $11,256 $11,956 49 U.S.C. 33115(a) $2,473 $2,627 49 U.S.C. 33115(a) $618,201 $656,665 49 U.S.C. 33115(b) $183,629 $195,054 49 U.S.C 32912(a) $43,280 $45,973 49 u.s.c. 32902 $42,621 $45,273 Frm 00010 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.013</GPH> 15848 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 15849 medium- and heavy-duty vehicle fuel efficiency program and B to 49 CFR part 386. The 2022 adjustments to these civil penalties are summarized in the chart below. D. Federal Motor Carrier Safety Administration (FMCSA) 2022 Adjustments Citation Existing Penalty Appendix A II Subpoena Appendix A II Subpoena Appendix A IV (a) Outof-service order (operation of commercial motor vehicle (CMV) by driver) Appendix A IV (b) Outof-service order (requiring or permitting operation of CMV by driver) Appendix A IV (c) Outof-service order (operation by driver of CMV or intermodal equipment that was placed out of service) Appendix A IV (d) Outof-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service) 49 U.S.C. 525 49 U.S.C. 525 49U.S.C. 521(b)(7) $1,125 $11,256 $1,951 New Penalty (Existing Penalty x 1.06222) $1,195 $11,956 $2,072 49U.S.C. 521(b)(7)) $19,505 $20,719 49U.S.C. 521(b)(7) $1,951 $2,072 49U.S.C. 521(b)(7) $19,505 $20,719 ER21MR22.015</GPH> Description VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 Frm 00011 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.014</GPH> khammond on DSKJM1Z7X2PROD with RULES FMCSA’s civil penalties affected by this rule are all located in appendices A Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Appendix A IV (e) Outof-service order (failure to return written certification of correction) Appendix A IV (g) Outof-service order (failure to cease operations as ordered) Appendix A IV (h) Outof-service order (operating in violation of order) Appendix A IV (i) Outof-service order (conducting operations during suspension or revocation for failure to pay penalties) Appendix A IV G) (conducting operations during suspension or revocation) Appendix B (a)(l) Recordkeeping-maximum penalty per day Appendix B (a)(l) Recordkeeping-maximum total penalty Appendix B (a)(2) Knowing falsification of records Appendix B (a)(3) Nonrecordkeeping violations Appendix B (a)(4) Nonrecordkeeping 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 VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 49U.S.C. 521(b)(2)(B) $975 $1,036 49U.S.C. 521(b)(2)(F) $28,142 $29,893 49U.S.C. 521(b)(7) $24,730 $26,269 49U.S.C. 521(b)(2)(A) and (b)(7)) $15,876 $16,864 49U.S.C. 521(b)(7) $24,730 $26,269 49U.S.C. 521(b)(2)(B)(i) $1,307 $1,388 49U.S.C. 521(b)(2)(B)(i) $13,072 $13,885 49U.S.C. 521 (b )(2)(B)(ii) $13,072 $13,885 49U.S.C. 521(b)(2)(A) 49U.S.C. 521 (b )(2)(A) $15,876 $16,864 $3,969 $4,216 49U.S.C. 3131 0(i)(2)(A) $3,268 $3,471 49U.S.C. 3131 0(i)(2)(A) $6,536 $6,943 49U.S.C. 521(b)(2)(C) $5,902 $6,269 Frm 00012 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.016</GPH> khammond on DSKJM1Z7X2PROD with RULES 15850 Appendix B (b)(l): Special penalties pertaining to violation of out-of-service orders (first conviction) Appendix B (b )(1) Special penalties pertaining to violation of out-of-service orders (second or subsequent conviction) Appendix B (b )(2) Employer violations pertaining to knowingly allowing, authorizing employee violations of 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 railroadhighway grade crossing violations Appendix B (d) Financial responsibility violations Appendix B (e)(l) 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 VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 49 u.s.c. 31310(i)(2)(A) $3,268 $3,471 49 u.s.c. 3131 0(i)(2)(A) $6,536 $6,943 49U.S.C. 521(b)(2)(C) $5,902 $6,269 49 u.s.c. 31310(i)(2)(C) $32,679 $34,712 49 u.s.c. 3131 0G)(2)(B) $16,941 $17,995 49U.S.C. 31138(d)(l), 31139(2:)(1) 49 u.s.c. 5123(a)(l) $17,416 $18,500 $84,425 $89,678 49 U.S.C. 5123(a)(3) $508 $540 Frm 00013 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 15851 ER21MR22.017</GPH> khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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 VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 49U.S.C. 5123(a)(l) $84,425 $89,678 49U.S.C. 5123(a)(l) $84,425 $89,678 49U.S.C. 5123(a)(l) $84,425 $89,678 49U.S.C. 5123(a)(2) $196,992 $209,249 49U.S.C. 521 (b)(2)(F) $28,142 $29,893 49U.S.C. 5123(a)(l) $84,425 $89,678 Frm 00014 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.018</GPH> 15852 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)(l ): Violations of the commercial regulations (CRs) (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) Appendix B (g)( 5) Violations of the operating authority requirement (foreign motor carriers, foreign motor private carriers)maximum penalty for intentional violation 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 VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 49 U.S.C. 5123(a)(2) $196,992 $209,249 49 u.s.c. 14901(a) $11,256 $11,956 49 u.s.c. 14916(c) $11,256 $11,956 49 u.s.c. 14901(a) $28,142 $29,893 49 u.s.c. 14901(a) $11,256 $11,956 49 u.s.c. 14901 note $15,480 $16,443 49 u.s.c. 14901 note $38,702 $41,110 49 U.S.C. 14901(b) $22,514 $23,915 Frm 00015 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 15853 ER21MR22.019</GPH> khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 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 (household goods (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)-minimum penalty for subsequent violation Appendix B (g)(l 0) Tariff violations Appendix B (g)(l 1) Additional tariff violations (rebates or concessions)--first violation Appendix B (g)(l 1) 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 VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 49U.S.C. 1490l(b) $45,027 $47,829 149 U.S.C. 14901 (d)(l) $1,693 $1,798 49U.S.C. 14901(e) $3,389 $3,600 49U.S.C. 14901(e) $8,471 $8,998 49 U.S.C. 13702, 14903 49U.S.C. 14904(a) $169,412 $179,953 $338 $359 49U.S.C. 14904(a) $423 $449 49U.S.C. 14904(b)( 1) $848 $901 49U.S.C. 14904(b)(1) $3,389 $3,600 Frm 00016 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.020</GPH> khammond on DSKJM1Z7X2PROD with RULES 15854 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)(l 7): 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 earner Appendix B (g)(23): HHG transportation or broker services-registration requirement VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 49 u.s.c. 14904(b)(2) $848 $901 49 u.s.c. 14904(b)(2) $3,389 $3,600 49 U.S.C. 14905 $16,941 $17,995 49 U.S.C. 14901 $1,125 $1,195 49 u.s.c. 14907 $8,471 $8,998 49 u.s.c. 14908 $3,389 $3,600 49 u.s.c. 14910 $848 $901 49 u.s.c. 14915 $16,941 $17,995 49 u.s.c. 1490l(d)(2) $13,072 $13,885 49 u.s.c. 14901 (d)(3) $32,679 $34,712 Frm 00017 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 15855 ER21MR22.021</GPH> khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations khammond on DSKJM1Z7X2PROD with RULES 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)(l): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 (except 31138 and 31139), 31302-31304, 31305(b), 3131 0(g)(l )(A), or 31502--minimum penalty for first violation Appendix B (i)(l): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 (except 31138 and 31139), 31302-31304, 31305(b), 3131 0(g)(l )(A), or 31502--maximum penalty for first violation Appendix B (i)(l): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 (except 31138 and 31139), 31302-31304, 31305(b), 313 lO(g)(l )(A), or 31502--minimum penalty for subsequent violation( s) VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 49U.S.C. 521 (b)(2)(E) $1,307 $1,388 49U.S.C. 521 (b)(2)(E) $13,072 $13,885 49 U.S.C. 524 $2,252 $2,392 49 U.S.C. 524 $5,628 $5,978 49 U.S.C. 524 $2,813 $2,988 Frm 00018 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.022</GPH> 15856 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Appendix B (i)(l): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 (except 31138 and 31139), 31302-31304, 31305(b), 3131 0(g)(l )(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. 524 $8,433 $8,958 49 U.S.C. 14906 $2,252 $2,392 49 U.S.C. 14906 $5,628 $5,978 15857 E. Federal Railroad Administration (FRA) 2022 Adjustments VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 Frm 00019 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.023</GPH> khammond on DSKJM1Z7X2PROD with RULES FRA’s 2022 civil penalty adjustments are summarized in the chart below. Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Description Citation Existing Penalty Minimum rail safety penalty Ordinary maximum rail safety penalty Maximum penalty for an aggravated rail safety violation Minimum penalty for hazardous materials training violations Maximum penalty for ordinary hazardous materials violations Maximum penalty for aggravated hazardous materials violations 49 U.S.C. ch. 213 $919 New Penalty (Existing Penalty x 1.06222) $976 49 U.S.C. ch. 213 $30,058 $31,928 49 U.S.C. ch. 213 $120,231 $127,712 49 U.S.C. 5123 $508 $540 49 U.S.C. 5123 $84,425 $89,678 49 U.S.C. 5123 $196,992 $209,249 khammond on DSKJM1Z7X2PROD with RULES On November 15, 2021, the BIL (enacted as the Infrastructure Investment and Jobs Act, Pub. L. 117– 58), was signed into law. The statute set forth requirements related to: (1) For newly manufactured railroad freight cars, manufactured by qualified manufacturers at qualified facilities, the inclusion of sensitive technology from countries of concern or sourced from a state-owned enterprise, and the inclusion of content other than sensitive technology from countries of concern or state-owned enterprises that meet certain specified criteria; and (2) for freight cars operating on the United VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 States general railroad system, percentage limitations on railroad freight car content, originating from a country of concern or state-owned enterprise. The statute further directed the Secretary to issue any necessary implementing regulations, including for the monitoring and sensitive technology requirements. The statute also specified that the requirements for both newly manufactured and operating railroad freight cars would apply after issuance of the regulations. DOT acknowledges the civil penalties authority and direction to issue any necessary PO 00000 Frm 00020 Fmt 4700 Sfmt 4700 implementing regulations set forth in the statute. F. Pipeline and Hazardous Materials Safety Administration (PHMSA) 2022 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 § 171.1. The civil penalties affected by this rule for pipeline safety violations are located in § 190.223. PHMSA’s 2022 civil penalty adjustments are summarized in the chart below. E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.024</GPH> 15858 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Description Citation Existing Penalty 15859 New Penalty (Existing Penalty X 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 $84,425 1.06222 $89,678 49 U.S.C. 5123 $196,992 $209,249 49 U.S.C. 5123 $508 $540 49 U.S.C. 60122(a)(l) $225,134 $239,142 49 U.S.C. 60122(a)(l) $2,251,334 49 U.S.C. 60122(a)(2) $82,245 $87,362 49 U.S.C. 60122(a)(3) $1,307 1,388 $2,391,412 MARAD’s 2022 civil penalty adjustments are summarized in the chart below. VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.025</GPH> khammond on DSKJM1Z7X2PROD with RULES G. Maritime Administration (MARAD) 2022 Adjustments VerDate Sep<11>2014 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Description Citation Existing Penalty Maximum civil penalty for a single violation of any provision under 46 U.S.C. Chapter 313 and all of Subtitle III related MARAD regulations, except for violations of 46 U.S.C. 31329 46 U.S.C. 31309 $21,662 New Penalty (Existing Penalty x 1.06222) $22,967 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 Automated Mutual Assistance Vessel Rescue System (AMVER) report Maximum civil penalty for violating procedures for the use and allocation of shipping services, port 46 U.S.C. 31330 $54,157 $57,527 46 U.S.C. 56101(e) $21,761 $23,115 46 U.S.C. 50113(b) $137 $146 50 U.S.C. 4513 $27,371 $29,074 17:50 Mar 18, 2022 Jkt 256001 PO 00000 Frm 00022 Fmt 4700 Sfmt 4725 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.026</GPH> khammond on DSKJM1Z7X2PROD with RULES 15860 15861 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 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. 12151 $158,772 $168,651 H. Great Lakes St. Lawrence Seaway Development Corporation (GLS) 2022 Adjustments The 2022 civil penalty adjustment for GLS is as follows: Description Citation Existing Penalty New Penalty (Existing Penalty ×1.06222) Maximum civil penalty for each violation of the Seaway Rules and Regulations at 33 CFR part 401 .......................................................... 33 U.S.C. 1232 $97,014 $103,050 A. Executive Order 12866 and DOT Regulatory Policies and Procedures This final rule has been evaluated in accordance with existing policies and procedures and is considered not significant under Executive Order 12866 and DOT’s Regulatory Policies and Procedures; therefore, the rule has not been reviewed by the Office of Management and Budget (OMB) under Executive Order 12866. khammond on DSKJM1Z7X2PROD with RULES 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).3 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 3 Under 5 U.S.C. 603(a), the RFA 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 18:14 Mar 18, 2022 Jkt 256001 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. substantial direct compliance costs on Indian tribal governments, the funding and consultation requirements of Executive Order 13175 do not apply. As stated above, DOT has determined that good cause exists to publish this final rule without notice and comment procedures under the APA. Therefore, the analytical requirements of the RFA do not apply. E. Paperwork Reduction Act C. Executive Order 13132 (Federalism) This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13132 (‘‘Federalism’’). This regulation has no substantial direct effects on the States, the relationship between the National Government and the States, or the distribution of power and responsibilities among the various levels of government. It does not contain any provision that imposes substantial direct compliance costs on State and local governments. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. D. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. Because none of the measures in the rule have tribal implications or impose PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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 E:\FR\FM\21MRR1.SGM 21MRR1 ER21MR22.027</GPH> Regulatory Analysis and Notices 15862 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 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, no further assessment or analysis is required under the Unfunded Mandates Reform Act. 14 CFR Part 13 Administrative practice and procedure, Air transportation, Hazardous materials transportation, Investigations, Law enforcement, Penalties. khammond on DSKJM1Z7X2PROD with RULES 14 CFR Part 406 Administrative procedure and review, Commercial space transportation, Enforcement, Investigations, Penalties, Rules of adjudication. 33 CFR Part 401 Hazardous materials transportation, Navigation (water), Penalties, Radio, Reporting and recordkeeping requirements, Vessels, Waterways. 46 CFR Part 221 Administrative practice and procedure, Maritime carriers, Mortgages, Penalties, Reporting and recordkeeping requirements, Trusts and trustees. Jkt 256001 46 CFR Part 356 Citizenship and naturalization, Fishing vessels, Mortgages, Penalties, Reporting and recordkeeping requirements, Vessels. 49 CFR Part 107 Administrative practices and procedure, Hazardous materials transportation, Packaging and containers, Penalties, Reporting and recordkeeping requirements. 49 CFR Part 171 Administrative practice and procedure, Exports, Hazardous materials transportation, Hazardous waste, Imports, Information, Reporting and recordkeeping requirements. 49 CFR Part 190 Administrative practice and procedure, Penalties, Pipeline safety. 49 CFR Part 209 Administrative practice and procedure, Hazardous materials transportation, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 214 Bridges, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements. 14 CFR Part 383 Administrative practice and procedure, Penalties. 17:50 Mar 18, 2022 46 CFR Part 340 Harbors, Maritime carriers, National defense, Packaging and containers. 49 CFR Part 213 Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements. List of Subjects VerDate Sep<11>2014 46 CFR Part 307 Marine safety, Maritime carriers, Penalties, Reporting and recordkeeping requirements. 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 215 Freight, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 237 49 CFR Parts 216, 217, 221, 224, 229, 230, 232, 233, and 239 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 238 49 CFR Part 218 Occupational safety and health, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 241 49 CFR Part 219 Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad safety, Penalties, Railroad employees, Railroad safety, Railroads, Safety, Transportation. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements. Fire prevention, Passenger equipment, Penalties, Railroad safety, Reporting and recordkeeping requirements. Communications, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 272 E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 49 CFR Part 386 Title 14—Aeronautics and Space Administrative procedures, Commercial motor vehicle safety, Highways and roads, Motor carriers, Penalties. PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 2. Amend § 13.301 by revising paragraphs (b) and (c) to read as follows: ■ § 13.301 Inflation adjustments of civil monetary penalties. 1. The authority citation for part 13 is revised to read as follows: ■ 49 CFR Part 578 Imports, Motor vehicle safety, Motor vehicles, Penalties, Rubber and rubber products, Tires. Accordingly, the Department of Transportation amends 14 CFR chapters I, II, and III, 33 CFR chapter IV, 46 CFR chapter II, and 49 CFR chapters I, II, III, and V as follows: 15863 Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121–5124, 40113– 40114, 44103–44106, 44701–44704, 44709– 44710, 44713, 44725, 44742, 44802 (note), 46101–46111, 46301, 46302 (for a violation of 49 U.S.C. 46504), 46304–46316, 46318– 46320, 46501–46502, 46504, 46507, 47106, 47107, 47111, 47122, 47306, 47531–47532; 49 CFR 1.83. * * * * * (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 March 21, 2022, notwithstanding references to specific civil penalty amounts elsewhere in this part. (c) Minimum and maximum civil monetary penalties are as follows: TABLE 1 TO § 13.301—MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS United States Code citation Civil monetary penalty description 49 U.S.C. 5123(a)(1) ..... Violation of hazardous materials transportation law. Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction. Violation of hazardous materials transportation law relating to training. Knowing presentation of a nonconforming aircraft for issuance of an initial airworthiness certificate by a production certificate holder. Knowing failure by an applicant for or holder of a type certificate to submit safety critical information or include certain such information in an airplane flight manual or flight crew operating manual. Knowing false statement by an airline transport pilot (ATP) certificate holder with respect to the submission of certain safety critical information. Interference by a supervisory employee of an organization designation authorization (ODA) holder that manufactures a transport category airplane with an ODA unit member’s performance of authorized functions. 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)). 49 U.S.C. 5123(a)(2) ..... 49 U.S.C. 5123(a)(3) ..... 49 U.S.C. 44704(d)(3) ... 49 U.S.C. 44704(e)(4) ... 49 U.S.C. 44704(e)(5) ... 49 U.S.C. 44742 ............ 49 U.S.C. 44802 note ... 49 U.S.C. 46301(a)(1) ... khammond on DSKJM1Z7X2PROD with RULES 49 U.S.C. 46301(a)(1) ... 49 U.S.C. 46301(a)(1) ... VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 2021 minimum penalty amount New adjusted minimum penalty amount for violations occurring on or after March 21, 2022 N/A N/A $84,425 ........................................... $89,678. N/A N/A $196,992 ......................................... $209,249. $508 $540 $84,425 ........................................... $89,678. N/A N/A $1,000,000 ...................................... $1,062,220. N/A N/A $1,000,000 ...................................... $1,062,220. N/A N/A See entries for 49 U.S.C. 46301(a)(1) and (a)(5). See entries for 49 U.S.C. 46301(a)(1) and (a)(5). N/A N/A See entries for 49 U.S.C. 46301(a)(1). See entries for 49 U.S.C. 46301(a)(1). N/A N/A $25,742 ........................................... $27,344. N/A N/A $35,188 ........................................... $37,377. N/A N/A $1,548 ............................................. $1,644. N/A N/A $1,548 ............................................. $1,644. Frm 00025 Fmt 4700 Sfmt 4700 2021 Maximum penalty amount E:\FR\FM\21MRR1.SGM 21MRR1 New adjusted maximum penalty amount for violations occurring on or after March 21, 2022 15864 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations TABLE 1 TO § 13.301—MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS— Continued 2021 minimum penalty amount New adjusted minimum penalty amount for violations occurring on or after March 21, 2022 Violation of 49 U.S.C. 47107(b) (or any assurance made under such section) or 49 U.S.C. 47133. N/A N/A 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. 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. Physical or sexual assault or threat to physically or sexually assault crewmember or other individual on an aircraft, or action that poses an imminent threat to the safety of the aircraft or individuals on board. 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 or 47534, relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels. N/A United States Code citation Civil monetary penalty description 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 ............ 49 U.S.C. 46320 ............ 49 U.S.C. 47531 ............ khammond on DSKJM1Z7X2PROD with RULES BILLING CODE 4910–9X–C 2021 Maximum penalty amount No change. N/A Increase above otherwise applicable maximum amount not to exceed 3 times the amount of revenues used in violation of such section. $14,074 ........................................... N/A N/A $14,074 ........................................... $14,950. N/A N/A $14,074 ........................................... $14,950. N/A N/A $14,074 ........................................... $14,950. N/A N/A $14,074 ........................................... $14,950. N/A N/A $26,929 ........................................... $28,605. N/A N/A $4,518 ............................................. $4,799. N/A N/A $24,539 ........................................... $26,066. N/A N/A $36,948 ........................................... $39,247. N/A N/A $14,074 ........................................... $14,950. N/A N/A $21,544 ........................................... $22,884. N/A N/A See entries for 49 U.S.C. 46301(a)(1) and (a)(5). See entries for 49 U.S.C. 46301(a)(1) and (a)(5). 2490; Pub. L. 101–410, 104 Stat. 890; Sec. 31001, Pub. L. 104–134. PART 383—CIVIL PENALTIES 4. Section 383.2 is revised to read as follows: ■ 3. The authority citation for part 383 continues to read as follows: § 383.2 Authority: Sec. 701, Pub. L. 114–74, 129 Stat. 584; Sec. 503, Pub. L. 108–176, 117 Stat. Civil penalties payable to the U.S. Government for violations of Title 49, ■ VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 Amount of penalty. Frm 00026 New adjusted maximum penalty amount for violations occurring on or after March 21, 2022 Fmt 4700 Sfmt 4700 $14,950. Chapters 401 through 421, pursuant to 49 U.S.C. 46301(a), are as follows: (a) A general civil penalty of not more than $37,377 (or $1,644 for individuals or small businesses) applies to violations of statutory provisions and rules or orders issued under those provisions, other than those listed in E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations paragraph (b) of this section (see 49 U.S.C. 46301(a)(1)); and (b) With respect to small businesses and individuals, notwithstanding the general civil penalty specified in paragraph (a) of this section, the following civil penalty limits apply: (1) A maximum civil penalty of $14,950 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 $7,475 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 $3,738 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: ■ § 406.9 Civil penalties. (a) Civil penalty liability. Under 51 U.S.C. 50917(c), a person found by the Federal Aviation Administration (FAA) to have violated a requirement of the Act, a regulation issued under the Act, or any term or condition of a license or permit issued or transferred under the Act, is liable to the United States for a civil penalty of not more than $262,666 for each violation. A separate violation occurs for each day the violation continues. * * * * * Title 33—Navigation and Navigable Waters khammond on DSKJM1Z7X2PROD with RULES Subpart B—Penalties—Violations of Seaway Regulations 7. The authority citation for subpart B of part 401 is revised to read as follows: Authority: 33 U.S.C. 981–990; 46 U.S.C. 70001–70004, 70011, and 70032; 49 CFR 1.101, unless otherwise noted. 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 $103,050. * * * * * 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 Title 46—Shipping ■ PART 221—REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND OTHER MARITIME INTERESTS 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. Amend § 221.61 by revising paragraph (b) to read as follows: ■ § 221.61 Compliance. * * * * * (b) Pursuant to 46 U.S.C. 31309, a general penalty of not more than $22,967 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 $57,527 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 $21,115 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: ■ § 307.19 PART 401—SEAWAY REGULATIONS AND RULES ■ § 401.102 Penalties. The owner or operator of a vessel in the waterborne foreign commerce of the United States is subject to a penalty of $146.00 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: ■ VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 15865 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 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). 14. Section 340.9 is revised to read as follows: ■ § 340.9 Compliance. Pursuant to 50 U.S.C. 4513, any person who willfully performs any act prohibited, or willfully fails to perform any act required, by the provisions of this part shall, upon conviction, be fined not more than $29,074 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 $168,651 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 * * * * * 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. E:\FR\FM\21MRR1.SGM 21MRR1 15866 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 2461 note); 49 CFR 1.81 and 1.97; 33 U.S.C. 1321. section 31001; Pub. L. 114–74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.97. 18. Revise § 107.329 to read as follows: ■ § 107.329 § 171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions. ■ 21. Amend § 171.1 by revising paragraph (g) to read as follows: Maximum penalties. (a) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of this chapter, or a special permit or approval issued under this subchapter applicable to the transportation of hazardous materials or the causing of them to be transported or shipped is liable for a civil penalty of not more than $89,678 for each violation, except the maximum civil penalty is $209,249 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 $540 for violations relating to training. When the violation is a continuing one, each day of the violation constitutes a separate offense. (b) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of this chapter, or a special permit or approval issued under this subchapter applicable to the design, manufacture, fabrication, inspection, marking, maintenance, reconditioning, repair or testing of a package, container, or packaging component which is represented, marked, certified, or sold by that person as qualified for use in the transportation of hazardous materials in commerce is liable for a civil penalty of not more than $89,678 for each violation, except the maximum civil penalty is $209,249 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 $540 for violations relating to training. khammond on DSKJM1Z7X2PROD with RULES Appendix A to Subpart D of Part 107 [Amended] ■ 19. Amend appendix A to subpart D of part 107 by removing ‘‘$84,425 or $196,992’’ and ‘‘May 3, 2021’’ and adding in their places ‘‘$89,678 or $209,249’’ and ‘‘March 21, 2022,’’ 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, VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 * * * * * (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 $89,678 for each violation, except the maximum civil penalty is $209,249 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 $540 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 $239,142 for each violation for each day the violation continues, with a maximum administrative civil penalty not to exceed $2,391,412 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 $87,362, 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 $1,388, which may be in addition to other penalties to which PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 such person may be subject under paragraph (a) of this section. * * * * * PART 209—RAILROAD SAFETY ENFORCEMENT PROCEDURES 24. The authority citation for part 209 is revised 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 $89,678 for each violation, except that— (1) The maximum civil penalty for a violation is $209,249 if the violation results in death, serious illness, or severe injury to any person, or substantial destruction of property; and (2) A minimum $540 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 March 21, 2022. ■ 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 $89,678 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 $209,249. § 209.409 [Amended] 27. Amend § 209.409 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 28. Amend appendix A to part 209 in the section ‘‘Penalty Schedules; Assessment of Maximum Penalties’’ as follows: ■ a. Add a sentence at the end of the sixth paragraph; ■ b. Revise the fourth sentence in the seventh paragraph; and ■ c. Revise the first sentence of the tenth paragraph. The addition and revisions read as follows: ■ Appendix A to Part 209—Statement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws * * * * * Authority: 49 U.S.C. 20102–20114 and 20142; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 213.15 [Amended] 31. Amend § 213.15 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ § 214.5 [Amended] 33. Amend § 214.5 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS 34. The authority citation for part 215 is revised 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 ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ khammond on DSKJM1Z7X2PROD with RULES ■ PART 213—TRACK SAFETY STANDARDS VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT 36. The authority citation for part 216 is revised 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 30. The authority citation for part 213 is revised to read as follows: ■ Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89. ■ Authority: 49 U.S.C. 20102–20103, 20107, 21301–21302, 31304; 28 U.S.C. 2461 note; and 49 CFR 1.89. 29. Amend appendix B to part 209 as follows: ■ a. Remove the dollar amount ‘‘$84,425’’ everywhere it appears and add in its place ‘‘$89,678’’; ■ b. Remove the dollar amount ‘‘$196,992’’ everywhere it appears and add in its place ‘‘$209,249’’; and ■ c. Remove the dollar amount ‘‘$508’’ and add in its place ‘‘$540’’. 38. The authority citation for part 217 is revised to read as follows: ■ 32. The authority citation for part 214 is revised to read as follows: * Appendix B to Part 209 [Amended] PART 217—RAILROAD OPERATING RULES § 217.5 ■ * * * * * * * Effective March 21, 2022, the minimum civil monetary penalty was raised from $919 to $976, the ordinary maximum civil monetary penalty was raised from $30,058 to $31,928, and the aggravated maximum civil monetary penalty was raised from $120,231 to $127,712. * * * For each regulation in this part or order, the schedule shows two amounts within the $976 to $31,928 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 $127,712 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. * * * * * * * * b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ PART 214—RAILROAD WORKPLACE SAFETY Penalty Schedules; Assessment of Maximum Penalties [Amended] 37. Amend § 216.7 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ ■ PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 15867 [Amended] 39. Amend § 217.5 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ PART 218—RAILROAD OPERATING PRACTICES 40. The authority citation for part 218 is revised to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20131, 20138, 20144, 20168; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 218.9 [Amended] 41. Amend § 218.9 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ PART 219—CONTROL OF ALCOHOL AND DRUG USE 42. The authority citation for part 219 is revised to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110–432, 122 Stat. 4889 (49 U.S.C. 20140 note); and 49 CFR 1.89. § 219.10 [Amended] 43. Amend § 219.10 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ E:\FR\FM\21MRR1.SGM 21MRR1 15868 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations § 223.7 PART 220—RAILROAD COMMUNICATIONS 44. The authority citation for part 220 is revised 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 ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89. [Amended] 47. Amend § 221.7 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ ■ 52. The authority citation for part 224 is revised to read as follows: Authority: 49 U.S.C. 103, 20103, 20107, 21101–21109; 49 U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. Authority: 49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 228.6 [Amended] 53. Amend § 224.11 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. PART 225—RAILROAD ACCIDENTS/ INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS 54. The authority citation for part 225 is revised to read as follows: ■ PART 222—USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901–20902, 21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. 48. The authority citation for part 222 is revised to read as follows: § 225.29 ■ Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 222.11 [Amended] 49. Amend § 222.11 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS PART 224—REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK ■ 46. The authority citation for part 221 is revised to read as follows: khammond on DSKJM1Z7X2PROD with RULES 51. Amend § 223.7 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ § 224.11 ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ PART 221—REAR END MARKING DEVICE—PASSENGER, COMMUTER AND FREIGHT TRAINS § 221.7 [Amended] [Amended] 55. Amend § 225.29 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ PART 227—OCCUPATIONAL NOISE EXPOSURE 58. The authority citation for part 228 is revised to read as follows: [Amended] 59. Amend § 228.6 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ 60. Amend appendix A to part 228, under the heading ‘‘General Provisions,’’ in the ‘‘Penalty’’ paragraph by adding a sentence at the end of the first paragraph to read as follows: ■ Appendix A to Part 228—Requirements of the Hours of Service Act: Statement of Agency Policy and Interpretation * * * * * General Provisions * * * * * Penalty. * * * Effective March 21, 2022, the minimum civil monetary penalty was raised from $919 to $976, the ordinary maximum civil monetary penalty was raised from $30,058 to $31,928, and the aggravated maximum civil monetary penalty was raised from $120,231 to $127,712. * * * * * PART 229—RAILROAD LOCOMOTIVE SAFETY STANDARDS 61. The authority citation for part 229 is revised to read as follows: ■ 56. The authority citation for part 227 is revised to read as follows: Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901–02, 21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. 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 is revised 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 17:50 Mar 18, 2022 Jkt 256001 [Amended] 57. Amend § 227.9 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 [Amended] 62. Amend § 229.7 in paragraph (b) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ PART 230—STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS 63. The authority citation for part 230 is revised 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. Amend § 230.4 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ Authority: 49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304, 21311, 22907 note; 28 U.S.C. 2461 note; and 49 CFR 1.89. Authority: 49 U.S.C. 20102–20114; 28 U.S.C. 2461 note; Div. A, Sec. 417, Pub. L. 110–432, 122 Stat. 4848; and 49 CFR 1.89. § 234.6 § 237.7 [Amended] [Amended] ■ 70. Amend § 234.6 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ 76. Amend § 237.7 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. 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 PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS 77. The authority citation for part 238 is revised 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. PART 231—RAILROAD SAFETY APPLIANCE STANDARDS Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 238.11 65. The authority citation for part 231 is revised to read as follows: § 235.9 ■ 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] 66. Amend § 231.0 in paragraph (f) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ PART 233—SIGNAL SYSTEMS REPORTING REQUIREMENTS 67. The authority citation for part 233 is revised 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. § 233.11 71. The authority citation for part 235 is revised to read as follows: [Amended] 72. Amend § 235.9 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ PART 236—RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF SIGNAL AND TRAIN CONTROL SYSTEMS, DEVICES, AND APPLIANCES 73. The authority citation for part 236 is revised to read as follows: ■ ■ [Amended] 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] 68. Amend § 233.11 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. 74. Amend § 236.0 in paragraph (f) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. PART 234—GRADE CROSSING SAFETY PART 237—BRIDGE SAFETY STANDARDS 69. The authority citation for part 234 is revised to read as follows: ■ ■ ■ ■ khammond on DSKJM1Z7X2PROD with RULES 15869 ■ VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 PO 00000 Frm 00031 Fmt 4700 Sfmt 4700 PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS 79. The authority citation for part 239 is revised 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. § 239.11 [Amended] 80. Amend § 239.11 as follows: a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS 81. The authority citation for part 240 is revised to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 240.11 75. The authority citation for part 237 is revised to read as follows: [Amended] 78. Amend § 238.11 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ [Amended] 82. Amend § 240.11 in paragraph (a) as follows: ■ E:\FR\FM\21MRR1.SGM 21MRR1 15870 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712. b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ ■ PART 244—REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL PART 241—UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF UNITED STATES RAIL OPERATIONS 89. The authority citation for part 244 is revised to read as follows: ■ 83. The authority citation for part 241 is revised to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 U.S.C. 2461 note; 49 CFR 1.89. § 241.15 [Amended] [Amended] 90. Amend § 244.5 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. 84. Amend § 241.15 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. PART 272—CRITICAL INCIDENT STRESS PLANS PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS 91. The authority citation for part 272 is revised to read as follows: ■ 85. The authority citation for part 242 is revised 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. Authority: 49 U.S.C. 20103, 20107, 20109 note; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 272.11 [Amended] 92. Amend § 272.11 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ [Amended] 86. Amend § 242.11 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ b. Remove the dollar amount ‘‘$30,058’’ and add in its place ‘‘$31,928’’; and ■ c. Remove the dollar amount ‘‘$120,231’’ and add in its place ‘‘$127,712’’. ■ PART 386—RULES OF PRACTICE FOR FMCSA PROCEEDINGS PART 243—TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED RAILROAD EMPLOYEES 93. The authority citation for part 386 continues to read as follows: ■ 87. The authority citation for part 243 is revised to read as follows: ■ khammond on DSKJM1Z7X2PROD with RULES § 244.5 ■ ■ § 242.11 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. Authority: 28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note, 31306a; 49 U.S.C. chapters 5, 51, 131–141, 145–149, 311, 313, and 315; and 49 CFR 1.81, 1.87. 94. Amend appendix A to part 386 by revising the introductory text, section II, and section IV.a. through e. and g. through j. to read as follows: Authority: 49 U.S.C. 20103, 20107, 20131– 20155, 20162, 20301–20306, 20701–20702, 21301–21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. ■ § 243.7 Appendix A to Part 386—Penalty Schedule: Violations of Notices and Orders [Amended] 88. Amend § 243.7 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$919’’ and add in its place ‘‘$976’’; ■ VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 The Civil Penalties Inflation Adjustment Act Improvements Act of 2015 [Pub. L. 114– PO 00000 Frm 00032 Fmt 4700 Sfmt 4700 74, sec. 701, 129 Stat. 599] amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require agencies to adjust civil penalties. Pursuant to that authority, the 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 $1,195 but not more than $11,956 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 $2,072 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 $20,719 per violation. (This violation applies to motor carriers including an independent contractor who is not a ‘‘driver,’’ as defined under paragraph IV(a) above.) c. Violation—Operation of a commercial motor vehicle or intermodal equipment by a driver after the vehicle or intermodal equipment was placed out-of-service and before the required repairs are made. Penalty—$2,072 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 $20,719 each time the vehicle or intermodal equipment is so operated after notice of the defect is received. (This violation applies to intermodal equipment providers and motor carriers, including an independent owner operator who is not a ‘‘driver,’’ as defined in IV(a) above.) e. Violation—Failure to return written certification of correction as required by the out-of-service order. Penalty—Up to $1,036 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 $29,893 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. E:\FR\FM\21MRR1.SGM 21MRR1 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations Penalty—Up to $26,269 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 $16,864 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 $26,269 for each day that operations are conducted during the suspension or revocation period. 95. Amend appendix B to part 386 by removing the heading preceding the introductory text and 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: ■ khammond on DSKJM1Z7X2PROD 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. Pursuant to that authority, the 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 $1,388 for each day the violation continues, up to $13,885. (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 $13,885 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 $16,864 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 VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 through 399 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $4,216. (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 $3,471 for a first conviction and not less than $6,943 for a second or subsequent conviction. * * * * * (b) Commercial driver’s license (CDL) violations. Any employer, employee, medical review officer, or service agent who violates any provision of 49 CFR part 382, subpart G, or any person who violates 49 CFR part 383, subpart B, C, E, F, G, or H, is subject to a civil penalty not to exceed $6,269; 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 $3,471 for a first conviction and not less than $6,943 for a second or subsequent conviction; (2) An employer of a CDL-holder who knowingly allows, requires, permits, or authorizes an employee to operate a CMV during any period in which the CDL-holder is subject to an out-of-service order, is subject to a civil penalty of not less than $6,269 or more than $34,712; 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 $17,995. * * * * * (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 $18,500. 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 $89,678 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 $540 and not more than $89,678 for each violation. (3) All knowing violations of 49 U.S.C. chapter 51 or orders, regulations, or PO 00000 Frm 00033 Fmt 4700 Sfmt 4700 15871 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 $89,678 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 $89,678. (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 $209,249 for each offense. (f) Operating after being declared unfit by assignment of a final ‘‘unsatisfactory’’ safety rating. (1) A motor carrier operating a commercial motor vehicle in interstate commerce (except owners or operators of commercial motor vehicles designed or used to transport hazardous materials for which placarding of a motor vehicle is required under regulations prescribed under 49 U.S.C. chapter 51) is subject, after being placed out of service because of receiving a final ‘‘unsatisfactory’’ safety rating, to a civil penalty of not more than $29,893 (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 $89,678 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 $209,249 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 $11,956 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 $11,956 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 $29,893 per violation. E:\FR\FM\21MRR1.SGM 21MRR1 15872 Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations (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 $11,956 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 $16,443 for an intentional violation and a maximum penalty of $41,110 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 $23,915 and a maximum penalty of $47,829 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 $1,798 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 $3,600 for the first violation and $8,998 for each subsequent violation. khammond on DSKJM1Z7X2PROD with RULES * * * * * (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 $179,953 per violation. When acting in the scope of his/her employment, the acts or omissions of a person acting for or employed by a carrier or shipper are considered the acts or omissions of that carrier or shipper, as well as of that person. (11) Any person who offers, gives, solicits, or receives a rebate or concession related to motor carrier transportation subject to jurisdiction under subchapter I of 49 U.S.C. chapter 135, or who assists or permits another person to get that transportation at less than the rate in effect under 49 U.S.C. 13702, commits a violation for which the penalty is $359 for the first violation and $449 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 $901 for the first violation and up to $3,600 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 $901 for the first violation and up to $3,600 for each subsequent violation. (14) A person who knowingly authorizes, consents to, or permits a violation of 49 VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 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 $17,995 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 $1,195 and for a maximum penalty of $8,998 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 $3,600. (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 $901 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 $17,995 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 $13,885 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 PO 00000 Frm 00034 Fmt 4700 Sfmt 4700 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 $34,712 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 $1,388 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 $13,885. (i) Evasion. A person, or an officer, employee, or agent of that person: (1) Who by any means tries to evade regulation of motor carriers under title 49, United States Code, chapter 5, chapter 51, subchapter III of chapter 311 (except sections 31138 and 31139) or section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502, or a regulation in subtitle B, chapter I, subchapter C of this title, or this subchapter, issued under any of those provisions, shall be fined at least $2,392 but not more than $5,978 for the first violation and at least $2,988 but not more than $8,958 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 $2,392 for the first violation or at least $5,978 for a subsequent violation. PART 578—CIVIL AND CRIMINAL PENALTIES 96. The authority citation for part 578 continues to read as follows: ■ Authority: Pub. L. 92–513, Pub. L. 94–163, Pub. L. 98–547, Pub. L. 101–410, Pub. L. 102–388, Pub. L. 102–519, Pub. L. 104–134, Pub. L. 109–59, Pub. L. 110–140, Pub. L. 112–141, Pub. L. 114–74, Pub. L. 114–94 (49 U.S.C. 30165, 30170, 30505, 32308, 32309, 32507, 32709, 32710, 32902, 32912, 33114, and 33115); delegation of authority at 49 CFR 1.81, 1.95. 97. Amend § 578.6 by revising paragraphs (a)(1), (a)(2)(i)(B), (a)(3) and (4), (b) through (g), (h)(1), and (i) to read as follows: ■ § 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 E:\FR\FM\21MRR1.SGM 21MRR1 khammond on DSKJM1Z7X2PROD with RULES Federal Register / Vol. 87, No. 54 / Monday, March 21, 2022 / Rules and Regulations 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 $24,423 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 $122,106,996. (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 $13,885 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 $20,827,441. (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 $24,423 per violation per day. The maximum penalty under this paragraph (a)(3) for a related series of daily violations is $122,106,996. (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 $5,978 per day. The maximum penalty under this paragraph (a)(4) for a related series of daily violations is $1,195,707. (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 $1,949 for each violation. (c) Bumper standards. (1) A person that violates 49 U.S.C. 32506(a) is liable to the United States Government for a civil penalty of not more than $3,198 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)— VerDate Sep<11>2014 17:50 Mar 18, 2022 Jkt 256001 (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 $3,561,551. (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 $3,198 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 $1,744,386. (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 $66,191 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 $1,949 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 $11,956 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 $1,195,707. (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 $11,956, 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 $2,627 for each violation. The failure of more than one part of a PO 00000 Frm 00035 Fmt 4700 Sfmt 4700 15873 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 $656,665. (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 $195,054 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 $45,973 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 $45,273 per vehicle or engine. The maximum civil penalty for a related series of violations shall be determined by multiplying $45,273 times the vehicle or engine production volume for the model year in question within the regulatory averaging set. Signed in Washington, DC, on February 25, 2022. Peter Paul Montgomery Buttigieg, Secretary of Transportation. [FR Doc. 2022–04456 Filed 3–18–22; 8:45 am] BILLING CODE 4910–9X–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2022–0289; Project Identifier MCAI–2022–00254–Q; Amendment 39–21992; AD 2022–07–05] RIN 2120–AA64 Airworthiness Directives; MARS A.S. Parachutes Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. AGENCY: The FAA is superseding Airworthiness Directive (AD) 2022–05– 09, which applied to certain MARS A.S. emergency parachutes. AD 2022–05–09 required removing emergency parachutes with certain manufacture dates or serial numbers from service. Since the FAA issued AD 2022–05–09, the European Union Aviation Safety Agency (EASA) superseded its mandatory continuing airworthiness SUMMARY: E:\FR\FM\21MRR1.SGM 21MRR1

Agencies

[Federal Register Volume 87, Number 54 (Monday, March 21, 2022)]
[Rules and Regulations]
[Pages 15839-15873]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-04456]


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

Federal Aviation Administration

14 CFR Parts 13 and 406

Office of the Secretary

14 CFR Part 383

Great Lakes St. Lawrence Seaway Development Corporation

33 CFR Part 401

Maritime Administration

46 CFR Parts 221, 307, 340, and 356

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, and 190

Federal Railroad Administration

49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 
223, 224, 225, 227, 228, 229, 230, 231, 233, 234, 235, 236, 237, 
238, 239, 240, 241, 242, 243, 244, and 272

Federal Motor Carrier Safety Administration

49 CFR Part 386

National Highway Traffic Safety Administration

49 CFR Part 578

RIN 2105-AF11


Revisions to Civil Penalty Amounts

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

ACTION: Final rule.

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SUMMARY: This final rule provides the statutorily-prescribed 2022 
adjustment to civil penalty amounts that may be imposed for violations 
of certain DOT regulations. In addition, this rule notes new DOT civil 
penalties authority provided in the Bipartisan Infrastructure Law (BIL, 
enacted as the Infrastructure Investment and Jobs Act).

DATES: This rule is effective March 21, 2022.

FOR FURTHER INFORMATION CONTACT: Elizabeth Kohl, Attorney-Advisor,

[[Page 15840]]

Office of the General Counsel, U.S. Department of Transportation, 1200 
New Jersey Ave. SE, Washington, DC 20590, 202-366-7253; 
[email protected].

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    This rule implements the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (FCPIAA), Public Law 101-410, as amended by the 
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 
2015 (2015 Act), Public Law 114-74, 129 Stat. 599, codified at 28 
U.S.C. 2461 note. The FCPIAA and the 2015 Act require Federal agencies 
to adjust minimum and maximum civil penalty amounts to preserve their 
deterrent impact. The 2015 Act amended the formula and frequency of the 
adjustments. It required an initial catch-up adjustment in the form of 
an interim final rule, followed by annual adjustments of civil penalty 
amounts using a statutorily mandated formula. Section 4(b)(2) of the 
2015 Act specifically directs that the annual adjustment be 
accomplished through final rule without notice and comment. This rule 
is effective immediately.
    This rule also notes new DOT authority to assess civil penalties 
for violations of requirements related to newly manufactured and 
operating railroad freight cars. The authority to assess these civil 
penalties was provided in the BIL, enacted as the Infrastructure 
Investment and Jobs Act, Public Law 117-58 (Nov. 15, 2021) and codified 
at 49 U.S.C. 20171. The Department's authorities over the specific 
civil penalty regulations being amended by this rule are provided in 
the preamble discussion below.

I. Background

    On November 2, 2015, the President signed into law the 2015 Act, 
which amended the FCPIAA, to improve the effectiveness of civil 
monetary penalties and to maintain their deterrent effect. The 2015 Act 
requires Federal agencies to: (1) Adjust the level of civil monetary 
penalties with an initial ``catch-up'' adjustment through an interim 
final rule (IFR); and (2) make subsequent annual adjustments.
    The 2015 Act directed the Office of Management and Budget (OMB) to 
issue guidance on implementing the required annual adjustment no later 
than December 15 of each year.\1\ On December 15, 2021, OMB released 
this required guidance, in OMB Memorandum M22-07, which provides 
instructions on how to calculate the 2022 annual adjustment. To derive 
the 2022 adjustment, the Department must multiply the maximum or 
minimum penalty amount by the percent change between the October 2021 
Consumer Price Index for All Urban Consumers (CPI-U) and the October 
2020 CPI-U. In this case, as explained in OMB Memorandum M-22-07, the 
percent change between the October 2021 CPI-U and the October 2020 CPI-
U is 1.06222.
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    \1\ 28 U.S.C. 2461 note.
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II. Issuance of a Final Rule

    This final rule is being published without notice and comment and 
with an immediate effective date.
    The 2015 Act provides clear direction for how to adjust the civil 
penalties, and clearly states at section 4(b)(2) that this adjustment 
shall be made ``notwithstanding section 553 of title 5, United States 
Code.'' By operation of the 2015 Act, DOT must publish an annual 
adjustment by January 15 of every year, and the new levels take effect 
upon publication of the rule.
    In addition, as noted previously in the discussion of the authority 
for this rulemaking, the BIL (Infrastructure Investment and Jobs Act, 
section 22425) provides authority for DOT to assess civil penalties for 
violations of requirements related to newly manufactured and operating 
railroad freight cars. DOT does not have discretion in this rulemaking 
to change the specified penalties set out in the statute. In addition, 
the statute directs DOT to issue any necessary implementing regulations 
and specifies that violations for which penalties may be assessed occur 
after the issuance of such regulations. As a result, no new civil 
penalties are being established in this rulemaking.
    Accordingly, DOT is publishing this final rule without prior notice 
and comment, and with an immediate effective date.

III. Discussion of the Final Rule

    In 2016, OST and DOT's operating administrations with civil 
monetary penalties promulgated the ``catch up'' IFR required by the 
2015 Act. All DOT operating administrations have already finalized 
their ``catch up'' IFRs, and this rule makes the annual adjustment 
required by the 2015 Act.
    The Department emphasizes that this rule adjusts penalties 
prospectively, and therefore the penalty adjustments made by this rule 
will apply only to violations that take place after this rule becomes 
effective. This rule also does not change previously assessed or 
enforced penalties that DOT is actively collecting or has collected.

A. Office of the Secretary (OST) 2022 Adjustments

    OST's 2022 civil penalty adjustments are summarized in the chart 
below.
BILLING CODE 4910-9X-P

[[Page 15841]]

[GRAPHIC] [TIFF OMITTED] TR21MR22.006

B. Federal Aviation Administration (FAA) 2022 Adjustments

    FAA's 2022 civil penalty adjustments are summarized in the chart 
below.
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    \2\ Note that the reference to this penalty amount in the 
regulatory text at 14 CFR 383.2(b) was edited to reference that same 
penalty amount in 14 CFR 383.2(a). The edit was made to simplify 
reference to this penalty amount in 14 CFR 383.2 by referencing the 
dollar amount only once. Note also that the penalty amount in the 14 
CFR 383.2(b) was incorrectly stated in DOT's 2021 civil monetary 
penalty (CMP) update as $1,483 rather than $1,548. This rulemaking, 
by referencing the correct amount in 14 CFR 383.2(a), correct that 
error.
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[[Page 15842]]

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[[Page 15843]]


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[[Page 15844]]


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[[Page 15845]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.010

C. National Highway Traffic Safety Administration (NHTSA) 2022 
Adjustments

    NHTSA's 2022 civil penalty adjustments are summarized in the chart 
below. DOT's annual civil monetary penalty adjustments have not 
included adjustments of NHTSA's civil penalties for violations of 
applicable corporate average fuel economy (CAFE) standards. Those 
standards, including any statutorily-required adjustments, are being 
addressed in a separate rulemaking proceeding (see NHTSA's supplemental 
notice of proposed rulemaking published in August 2021 (86 FR 46811 
(Aug. 20, 2021)). Subsequent to conclusion of that rulemaking 
proceeding, DOT intends to update the CAFE civil penalties addressed in 
that rulemaking in the DOT annual civil monetary penalties adjustment.

[[Page 15846]]

[GRAPHIC] [TIFF OMITTED] TR21MR22.011


[[Page 15847]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.012


[[Page 15848]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.013


[[Page 15849]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.014

D. Federal Motor Carrier Safety Administration (FMCSA) 2022 Adjustments

    FMCSA's civil penalties affected by this rule are all located in 
appendices A and B to 49 CFR part 386. The 2022 adjustments to these 
civil penalties are summarized in the chart below.
[GRAPHIC] [TIFF OMITTED] TR21MR22.015


[[Page 15850]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.016


[[Page 15851]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.017


[[Page 15852]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.018


[[Page 15853]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.019


[[Page 15854]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.020


[[Page 15855]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.021


[[Page 15856]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.022


[[Page 15857]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.023

E. Federal Railroad Administration (FRA) 2022 Adjustments

    FRA's 2022 civil penalty adjustments are summarized in the chart 
below.

[[Page 15858]]

[GRAPHIC] [TIFF OMITTED] TR21MR22.024

    On November 15, 2021, the BIL (enacted as the Infrastructure 
Investment and Jobs Act, Pub. L. 117-58), was signed into law. The 
statute set forth requirements related to: (1) For newly manufactured 
railroad freight cars, manufactured by qualified manufacturers at 
qualified facilities, the inclusion of sensitive technology from 
countries of concern or sourced from a state-owned enterprise, and the 
inclusion of content other than sensitive technology from countries of 
concern or state-owned enterprises that meet certain specified 
criteria; and (2) for freight cars operating on the United States 
general railroad system, percentage limitations on railroad freight car 
content, originating from a country of concern or state-owned 
enterprise. The statute further directed the Secretary to issue any 
necessary implementing regulations, including for the monitoring and 
sensitive technology requirements. The statute also specified that the 
requirements for both newly manufactured and operating railroad freight 
cars would apply after issuance of the regulations. DOT acknowledges 
the civil penalties authority and direction to issue any necessary 
implementing regulations set forth in the statute.

F. Pipeline and Hazardous Materials Safety Administration (PHMSA) 2022 
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 2022 civil penalty adjustments are summarized in 
the chart below.

[[Page 15859]]

[GRAPHIC] [TIFF OMITTED] TR21MR22.025

G. Maritime Administration (MARAD) 2022 Adjustments

    MARAD's 2022 civil penalty adjustments are summarized in the chart 
below.

[[Page 15860]]

[GRAPHIC] [TIFF OMITTED] TR21MR22.026


[[Page 15861]]


[GRAPHIC] [TIFF OMITTED] TR21MR22.027

H. Great Lakes St. Lawrence Seaway Development Corporation (GLS) 2022 
Adjustments

    The 2022 civil penalty adjustment for GLS is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                New Penalty
                Description                         Citation          Existing  Penalty      (Existing Penalty
                                                                                                 x1.06222)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for each violation of               33 U.S.C. 1232         $97,014               $103,050
 the Seaway Rules and Regulations at 33 CFR
 part 401..................................
----------------------------------------------------------------------------------------------------------------
 

Regulatory Analysis and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

    This final rule has been evaluated in accordance with existing 
policies and procedures and is considered not significant under 
Executive Order 12866 and DOT's Regulatory Policies and Procedures; 
therefore, the rule has not been reviewed by the Office of Management 
and Budget (OMB) under Executive Order 12866.

B. Regulatory Flexibility Analysis

    The Department has determined the Regulatory Flexibility Act of 
1980 (RFA) (5 U.S.C. 601, et seq.) does not apply to this rulemaking. 
The RFA applies, in pertinent part, only when ``an agency is required . 
. . to publish general notice of proposed rulemaking.'' 5 U.S.C. 
604(a).\3\ The Small Business Administration's A Guide for Government 
Agencies: How to Comply with the Regulatory Flexibility Act (2012), 
explains that:
---------------------------------------------------------------------------

    \3\ Under 5 U.S.C. 603(a), the RFA 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 analytical requirements of the RFA do not apply.

 C. Executive Order 13132 (Federalism)

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13132 (``Federalism''). This 
regulation has no substantial direct effects on the States, the 
relationship between the National Government and the States, or the 
distribution of power and responsibilities among the various levels of 
government. It does not contain any provision that imposes substantial 
direct compliance costs on State and local governments. Therefore, the 
consultation and funding requirements of Executive Order 13132 do not 
apply.

D. Executive Order 13175

    This final rule has been analyzed in accordance with the principles 
and criteria contained in Executive Order 13175, Consultation and 
Coordination with Indian Tribal Governments. Because none of the 
measures in the rule have tribal implications or impose substantial 
direct compliance costs on Indian tribal governments, the funding and 
consultation requirements of Executive Order 13175 do not apply.

E. Paperwork Reduction Act

    Under the Paperwork Reduction Act, before an agency submits a 
proposed collection of information to OMB for approval, it must publish 
a document in the Federal Register providing notice of and a 60-day 
comment period on, and otherwise consult with members of the public and 
affected agencies concerning, each proposed collection of information. 
This final rule imposes no new information reporting or record keeping 
necessitating clearance by OMB.

F. National Environmental Policy Act

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

[[Page 15862]]

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, no 
further assessment or analysis is required under the Unfunded Mandates 
Reform Act.

List of Subjects

14 CFR Part 13

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

14 CFR Part 383

    Administrative practice and procedure, Penalties.

14 CFR Part 406

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

33 CFR Part 401

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

46 CFR Part 221

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

46 CFR Part 307

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

46 CFR Part 340

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

46 CFR Part 356

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

49 CFR Part 107

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

49 CFR Part 171

    Administrative practice and procedure, Exports, Hazardous materials 
transportation, Hazardous waste, Imports, Information, Reporting and 
recordkeeping requirements.

49 CFR Part 190

    Administrative practice and procedure, Penalties, Pipeline safety.

49 CFR Part 209

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

49 CFR Part 213

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

49 CFR Part 214

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

49 CFR Part 215

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

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

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 218

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

49 CFR Part 219

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

49 CFR Part 220

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

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

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

49 CFR Part 223

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

49 CFR Part 225

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

49 CFR Part 227

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

49 CFR Part 228

    Penalties, Railroad employees, Reporting and recordkeeping 
requirements.

49 CFR Part 231

    Penalties, Railroad safety.

49 CFR Part 234

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

49 CFR Part 236

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

49 CFR Part 237

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

49 CFR Part 238

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

49 CFR Part 241

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

49 CFR Part 272

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

[[Page 15863]]

49 CFR Part 386

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

49 CFR Part 578

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

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

Title 14--Aeronautics and Space

PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

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

    Authority:  18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 
106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44704, 44709-
44710, 44713, 44725, 44742, 44802 (note), 46101-46111, 46301, 46302 
(for a violation of 49 U.S.C. 46504), 46304-46316, 46318-46320, 
46501-46502, 46504, 46507, 47106, 47107, 47111, 47122, 47306, 47531-
47532; 49 CFR 1.83.

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


Sec.  13.301   Inflation adjustments of civil monetary penalties.

* * * * *
    (b) Each adjustment to a maximum civil monetary penalty or to 
minimum and maximum civil monetary penalties that establish a civil 
monetary penalty range applies to actions initiated under this part for 
violations occurring on or after March 21, 2022, notwithstanding 
references to specific civil penalty amounts elsewhere in this part.
    (c) Minimum and maximum civil monetary penalties are as follows:

       Table 1 to Sec.   13.301--Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations
----------------------------------------------------------------------------------------------------------------
                                                                 New adjusted
                                                                    minimum                        New adjusted
                                                                penalty amount                   maximum penalty
                                Civil monetary   2021 minimum         for         2021 Maximum      amount for
 United States Code  citation      penalty      penalty amount    violations     penalty amount     violations
                                 description                     occurring on                    occurring on or
                                                                or after March                      after March
                                                                   21, 2022                          21, 2022
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a)(1).........  Violation of                N/A             N/A  $84,425........  $89,678.
                                hazardous
                                materials
                                transportation
                                law.
49 U.S.C. 5123(a)(2).........  Violation of                N/A             N/A  $196,992.......  $209,249.
                                hazardous
                                materials
                                transportation
                                law resulting
                                in death,
                                serious
                                illness,
                                severe injury,
                                or substantial
                                property
                                destruction.
49 U.S.C. 5123(a)(3).........  Violation of               $508            $540  $84,425........  $89,678.
                                hazardous
                                materials
                                transportation
                                law relating
                                to training.
49 U.S.C. 44704(d)(3)........  Knowing                     N/A             N/A  $1,000,000.....  $1,062,220.
                                presentation
                                of a
                                nonconforming
                                aircraft for
                                issuance of an
                                initial
                                airworthiness
                                certificate by
                                a production
                                certificate
                                holder.
49 U.S.C. 44704(e)(4)........  Knowing failure             N/A             N/A  $1,000,000.....  $1,062,220.
                                by an
                                applicant for
                                or holder of a
                                type
                                certificate to
                                submit safety
                                critical
                                information or
                                include
                                certain such
                                information in
                                an airplane
                                flight manual
                                or flight crew
                                operating
                                manual.
49 U.S.C. 44704(e)(5)........  Knowing false               N/A             N/A  See entries for  See entries for
                                statement by                                     49 U.S.C.        49 U.S.C.
                                an airline                                       46301(a)(1)      46301(a)(1)
                                transport                                        and (a)(5).      and (a)(5).
                                pilot (ATP)
                                certificate
                                holder with
                                respect to the
                                submission of
                                certain safety
                                critical
                                information.
49 U.S.C. 44742..............  Interference by             N/A             N/A  See entries for  See entries for
                                a supervisory                                    49 U.S.C.        49 U.S.C.
                                employee of an                                   46301(a)(1).     46301(a)(1).
                                organization
                                designation
                                authorization
                                (ODA) holder
                                that
                                manufactures a
                                transport
                                category
                                airplane with
                                an ODA unit
                                member's
                                performance of
                                authorized
                                functions.
49 U.S.C. 44802 note.........  Operation of an             N/A             N/A  $25,742........  $27,344.
                                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  $35,188........  $37,377.
                                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  $1,548.........  $1,644.
                                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  $1,548.........  $1,644.
                                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)).

[[Page 15864]]

 
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 used
                                                                                 in violation
                                                                                 of such
                                                                                 section.
49 U.S.C. 46301(a)(5)(A).....  Violation by an             N/A             N/A  $14,074........  $14,950.
                                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  $14,074........  $14,950.
                                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  $14,074........  $14,950.
                                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  $14,074........  $14,950.
                                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  $14,074........  $14,950.
                                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  $26,929........  $28,605.
                                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  $4,518.........  $4,799.
                                a smoke alarm
                                device.
49 U.S.C. 46302..............  Knowingly                   N/A             N/A  $24,539........  $26,066.
                                providing
                                false
                                information
                                about alleged
                                violation
                                involving the
                                special
                                aircraft
                                jurisdiction
                                of the United
                                States.
49 U.S.C. 46318..............  Physical or                 N/A             N/A  $36,948........  $39,247.
                                sexual assault
                                or threat to
                                physically or
                                sexually
                                assault
                                crewmember or
                                other
                                individual on
                                an aircraft,
                                or action that
                                poses an
                                imminent
                                threat to the
                                safety of the
                                aircraft or
                                individuals on
                                board.
49 U.S.C. 46319..............  Permanent                   N/A             N/A  $14,074........  $14,950.
                                closure of an
                                airport
                                without
                                providing
                                sufficient
                                notice.
49 U.S.C. 46320..............  Operating an                N/A             N/A  $21,544........  $22,884.
                                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 entries for  See entries for
                                U.S.C. 47528-                                    49 U.S.C.        49 U.S.C.
                                47530 or                                         46301(a)(1)      46301(a)(1)
                                47534,                                           and (a)(5).      and (a)(5).
                                relating to
                                the
                                prohibition of
                                operating
                                certain
                                aircraft not
                                complying with
                                stage 3 noise
                                levels.
----------------------------------------------------------------------------------------------------------------

BILLING CODE 4910-9X-C

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 $37,377 (or $1,644 for 
individuals or small businesses) applies to violations of statutory 
provisions and rules or orders issued under those provisions, other 
than those listed in

[[Page 15865]]

paragraph (b) of this section (see 49 U.S.C. 46301(a)(1)); and
    (b) With respect to small businesses and individuals, 
notwithstanding the general civil penalty specified in paragraph (a) of 
this section, the following civil penalty limits apply:
    (1) A maximum civil penalty of $14,950 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 $7,475 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 $3,738 applies for violations of 
section 41712 or consumer protection rules or orders (see 49 U.S.C. 
46301(a)(5)(D)).

PART 406--INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW

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

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


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


Sec.  406.9  Civil penalties.

    (a) Civil penalty liability. Under 51 U.S.C. 50917(c), a person 
found by the Federal Aviation Administration (FAA) to have violated a 
requirement of the Act, a regulation issued under the Act, or any term 
or condition of a license or permit issued or transferred under the 
Act, is liable to the United States for a civil penalty of not more 
than $262,666 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; 46 U.S.C. 70001-70004, 70011, and 
70032; 49 CFR 1.101, unless otherwise noted.

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


Sec.  401.102  Civil penalty.

    (a) A person, as described in Sec.  401.101(b) who violates a 
regulation in this chapter is liable to a civil penalty of not more 
than $103,050.
* * * * *

Title 46--Shipping

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

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

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

0
10. Amend Sec.  221.61 by revising paragraph (b) to read as follows:


Sec.  221.61  Compliance.

* * * * *
    (b) Pursuant to 46 U.S.C. 31309, a general penalty of not more than 
$22,967 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 $57,527 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 $21,115 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 $146.00 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 to 50 U.S.C. 4513, any person who willfully performs any 
act prohibited, or willfully fails to perform any act required, by the 
provisions of this part shall, upon conviction, be fined not more than 
$29,074 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 $168,651 may be assessed against the vessel 
owner for each day in which such vessel has engaged in fishing (as such 
term is defined in section 3 of the Magnuson-Stevens Fishery 
Conservation and Management Act (16 U.S.C. 1802)) within the exclusive 
economic zone of the United States; and
* * * * *

Title 49--Transportation

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

    Authority:  49 U.S.C. 5101-5128, 44701; Pub. L. 101-410 Section 
4; Pub. L. 104-121 Sections 212-213; Pub. L. 104-134 Section 31001; 
Pub. L. 114-74 Section 4 (28 U.S.C.

[[Page 15866]]

2461 note); 49 CFR 1.81 and 1.97; 33 U.S.C. 1321.

0
18. Revise Sec.  107.329 to read as follows:


Sec.  107.329  Maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal 
hazardous material transportation law, an order issued thereunder, this 
subchapter, subchapter C of this chapter, or a special permit or 
approval issued under this subchapter applicable to the transportation 
of hazardous materials or the causing of them to be transported or 
shipped is liable for a civil penalty of not more than $89,678 for each 
violation, except the maximum civil penalty is $209,249 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 $540 for 
violations relating to training. When the violation is a continuing 
one, each day of the violation constitutes a separate offense.
    (b) A person who knowingly violates a requirement of the Federal 
hazardous material transportation law, an order issued thereunder, this 
subchapter, subchapter C of this chapter, or a special permit or 
approval issued under this subchapter applicable to the design, 
manufacture, fabrication, inspection, marking, maintenance, 
reconditioning, repair or testing of a package, container, or packaging 
component which is represented, marked, certified, or sold by that 
person as qualified for use in the transportation of hazardous 
materials in commerce is liable for a civil penalty of not more than 
$89,678 for each violation, except the maximum civil penalty is 
$209,249 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 $540 
for violations relating to training.

Appendix A to Subpart D of Part 107 [Amended]

0
19. Amend appendix A to subpart D of part 107 by removing ``$84,425 or 
$196,992'' and ``May 3, 2021'' and adding in their places ``$89,678 or 
$209,249'' and ``March 21, 2022,'' 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 $89,678 for each violation, except the maximum civil 
penalty is $209,249 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 $540 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 $239,142 
for each violation for each day the violation continues, with a maximum 
administrative civil penalty not to exceed $2,391,412 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 $87,362, 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 $1,388, 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 is revised 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 $89,678 for each violation, except that--
    (1) The maximum civil penalty for a violation is $209,249 if the 
violation results in death, serious illness, or severe injury to any 
person, or substantial destruction of property; and
    (2) A minimum $540 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 March 21, 
2022.

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 $89,678 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 $209,249.


Sec.  209.409  [Amended]

0
27. Amend Sec.  209.409 as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

[[Page 15867]]


0
28. Amend appendix A to part 209 in the section ``Penalty Schedules; 
Assessment of Maximum Penalties'' as follows:
0
a. Add a sentence at the end of the sixth paragraph;
0
b. Revise the fourth sentence in the seventh paragraph; and
0
c. Revise the first sentence of the tenth paragraph.
    The addition and revisions read as follows:

Appendix A to Part 209--Statement of Agency Policy Concerning 
Enforcement of the Federal Railroad Safety Laws

* * * * *

Penalty Schedules; Assessment of Maximum Penalties

* * * * *
    * * * Effective March 21, 2022, the minimum civil monetary penalty 
was raised from $919 to $976, the ordinary maximum civil monetary 
penalty was raised from $30,058 to $31,928, and the aggravated maximum 
civil monetary penalty was raised from $120,231 to $127,712.
    * * * For each regulation in this part or order, the schedule shows 
two amounts within the $976 to $31,928 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 $127,712 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 ``$84,425'' everywhere it appears and add 
in its place ``$89,678'';
0
b. Remove the dollar amount ``$196,992'' everywhere it appears and add 
in its place ``$209,249''; and
0
c. Remove the dollar amount ``$508'' and add in its place ``$540''.

PART 213--TRACK SAFETY STANDARDS

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

    Authority:  49 U.S.C. 20102-20114 and 20142; 28 U.S.C. 2461 
note; and 49 CFR 1.89.


Sec.  213.15  [Amended]

0
31. Amend Sec.  213.15 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 214--RAILROAD WORKPLACE SAFETY

0
32. The authority citation for part 214 is revised to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20107, 21301-21302, 31304; 28 
U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  214.5  [Amended]

0
33. Amend Sec.  214.5 as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 215--RAILROAD FREIGHT CAR SAFETY STANDARDS

0
34. The authority citation for part 215 is revised 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 ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

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

0
36. The authority citation for part 216 is revised 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 ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 217--RAILROAD OPERATING RULES

0
38. The authority citation for part 217 is revised 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 ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 218--RAILROAD OPERATING PRACTICES

0
40. The authority citation for part 218 is revised to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20131, 20138, 20144, 20168; 
28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  218.9   [Amended]

0
41. Amend Sec.  218.9 as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 219--CONTROL OF ALCOHOL AND DRUG USE

0
42. The authority citation for part 219 is revised to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 
28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat. 
4889 (49 U.S.C. 20140 note); and 49 CFR 1.89.


Sec.  219.10  [Amended]

0
43. Amend Sec.  219.10 as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

[[Page 15868]]

PART 220--RAILROAD COMMUNICATIONS

0
44. The authority citation for part 220 is revised 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 ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

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

0
46. The authority citation for part 221 is revised 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 ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

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

0
48. The authority citation for part 222 is revised 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 ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

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

0
50. The authority citation for part 223 is revised 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 ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 224--REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK

0
52. The authority citation for part 224 is revised 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. Amend Sec.  224.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

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

0
54. The authority citation for part 225 is revised 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 ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 227--OCCUPATIONAL NOISE EXPOSURE

0
56. The authority citation for part 227 is revised 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. Amend Sec.  227.9 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

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

0
58. The authority citation for part 228 is revised to read as follows:

    Authority:  49 U.S.C. 103, 20103, 20107, 21101-21109; 49 U.S.C. 
21301, 21303, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  228.6  [Amended]

0
59. Amend Sec.  228.6 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

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

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

* * * * *

General Provisions

* * * * *
    Penalty. * * * Effective March 21, 2022, the minimum civil monetary 
penalty was raised from $919 to $976, the ordinary maximum civil 
monetary penalty was raised from $30,058 to $31,928, and the aggravated 
maximum civil monetary penalty was raised from $120,231 to $127,712.
* * * * *

PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS

0
61. The authority citation for part 229 is revised to read as follows:

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


Sec.  229.7  [Amended]

0
62. Amend Sec.  229.7 in paragraph (b) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and

[[Page 15869]]

0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS

0
63. The authority citation for part 230 is revised 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. Amend Sec.  230.4 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 231--RAILROAD SAFETY APPLIANCE STANDARDS

0
65. The authority citation for part 231 is revised 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. Amend Sec.  231.0 in paragraph (f) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 233--SIGNAL SYSTEMS REPORTING REQUIREMENTS

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

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


Sec.  233.11  [Amended]

0
68. Amend Sec.  233.11 as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 234--GRADE CROSSING SAFETY

0
69. The authority citation for part 234 is revised to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304, 
21311, 22907 note; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  234.6  [Amended]

0
70. Amend Sec.  234.6 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 235--INSTRUCTIONS GOVERNING APPLICATIONS FOR APPROVAL OF A 
DISCONTINUANCE OR MATERIAL MODIFICATION OF A SIGNAL SYSTEM OR 
RELIEF FROM THE REQUIREMENTS OF PART 236

0
71. The authority citation for part 235 is revised to read as follows:

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


Sec.  235.9  [Amended]

0
72. Amend Sec.  235.9 as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

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

0
73. The authority citation for part 236 is revised to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20107, 20133, 20141, 20157, 
20301-20303, 20306, 20501-20505, 20701-20703, 21301-21302, 21304; 28 
U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  236.0  [Amended]

0
74. Amend Sec.  236.0 in paragraph (f) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 237--BRIDGE SAFETY STANDARDS

0
75. The authority citation for part 237 is revised to read as follows:

    Authority:  49 U.S.C. 20102-20114; 28 U.S.C. 2461 note; Div. A, 
Sec. 417, Pub. L. 110-432, 122 Stat. 4848; and 49 CFR 1.89.


Sec.  237.7  [Amended]

0
76. Amend Sec.  237.7 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS

0
77. The authority citation for part 238 is revised to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20133, 20141, 20302-20303, 
20306, 20701-20702, 21301-21302, 21304; 28 U.S.C. 2461 note; and 49 
CFR 1.89.


Sec.  238.11  [Amended]

0
78. Amend Sec.  238.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 239--PASSENGER TRAIN EMERGENCY PREPAREDNESS

0
79. The authority citation for part 239 is revised to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20105-20114, 20133, 21301, 
21304, and 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  239.11  [Amended]

0
80. Amend Sec.  239.11 as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS

0
81. The authority citation for part 240 is revised to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 
28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  240.11  [Amended]

0
82. Amend Sec.  240.11 in paragraph (a) as follows:

[[Page 15870]]

0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712.

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

0
83. The authority citation for part 241 is revised to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 
U.S.C. 2461 note; 49 CFR 1.89.


Sec.  241.15  [Amended]

0
84. Amend Sec.  241.15 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 242--QUALIFICATION AND CERTIFICATION OF CONDUCTORS

0
85. The authority citation for part 242 is revised to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163, 
21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  242.11  [Amended]

0
86. Amend Sec.  242.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

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

0
87. The authority citation for part 243 is revised to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20131-20155, 20162, 20301-
20306, 20701-20702, 21301-21304, 21311; 28 U.S.C. 2461 note; and 49 
CFR 1.89.


Sec.  243.7  [Amended]

0
88. Amend Sec.  243.7 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

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

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

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


Sec.  244.5  [Amended]

0
90. Amend Sec.  244.5 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 272--CRITICAL INCIDENT STRESS PLANS

0
91. The authority citation for part 272 is revised to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20109 note; 28 U.S.C. 2461 
note; and 49 CFR 1.89.


Sec.  272.11  [Amended]

0
92. Amend Sec.  272.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$919'' and add in its place ``$976'';
0
b. Remove the dollar amount ``$30,058'' and add in its place 
``$31,928''; and
0
c. Remove the dollar amount ``$120,231'' and add in its place 
``$127,712''.

PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS

0
93. The authority citation for part 386 continues to read as follows:

    Authority:  28 U.S.C. 2461 note; 49 U.S.C. 113, 1301 note, 
31306a; 49 U.S.C. chapters 5, 51, 131-141, 145-149, 311, 313, and 
315; and 49 CFR 1.81, 1.87.

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

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

    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. Pursuant to that authority, the 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 $1,195 but not more than $11,956 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 $2,072 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 $20,719 per violation.
    (This violation applies to motor carriers including an 
independent contractor who is not a ``driver,'' as defined under 
paragraph IV(a) above.)
    c. Violation--Operation of a commercial motor vehicle or 
intermodal equipment by a driver after the vehicle or intermodal 
equipment was placed out-of-service and before the required repairs 
are made.
    Penalty--$2,072 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 $20,719 each time the vehicle or intermodal 
equipment is so operated after notice of the defect is received.
    (This violation applies to intermodal equipment providers and 
motor carriers, including an independent owner operator who is not a 
``driver,'' as defined in IV(a) above.)
    e. Violation--Failure to return written certification of 
correction as required by the out-of-service order.
    Penalty--Up to $1,036 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 $29,893 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.

[[Page 15871]]

    Penalty--Up to $26,269 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 $16,864 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 $26,269 for each day that operations are 
conducted during the suspension or revocation period.

0
95. Amend appendix B to part 386 by removing the heading preceding the 
introductory text and 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. Pursuant to that authority, the 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 $1,388 for each day the violation continues, up to 
$13,885.
    (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 $13,885 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 $16,864 for 
each violation.
    (4) Non-recordkeeping violations by drivers. A driver who 
violates parts 382, subpart A, B, C, D, E, or F, 385, and 390 
through 399 of this subchapter, except a recordkeeping violation, is 
subject to a civil penalty not to exceed $4,216.
    (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 $3,471 for a first conviction and not less 
than $6,943 for a second or subsequent conviction.
* * * * *
    (b) Commercial driver's license (CDL) violations. Any employer, 
employee, medical review officer, or service agent who violates any 
provision of 49 CFR part 382, subpart G, or any person who violates 
49 CFR part 383, subpart B, C, E, F, G, or H, is subject to a civil 
penalty not to exceed $6,269; 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 $3,471 
for a first conviction and not less than $6,943 for a second or 
subsequent conviction;
    (2) An employer of a CDL-holder who knowingly allows, requires, 
permits, or authorizes an employee to operate a CMV during any 
period in which the CDL-holder is subject to an out-of-service 
order, is subject to a civil penalty of not less than $6,269 or more 
than $34,712; 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 $17,995.
* * * * *
    (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 $18,500. 
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 $89,678 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 $540 and not more than $89,678 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 $89,678 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 $89,678.
    (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 $209,249 for each offense.
    (f) Operating after being declared unfit by assignment of a 
final ``unsatisfactory'' safety rating. (1) A motor carrier 
operating a commercial motor vehicle in interstate commerce (except 
owners or operators of commercial motor vehicles designed or used to 
transport hazardous materials for which placarding of a motor 
vehicle is required under regulations prescribed under 49 U.S.C. 
chapter 51) is subject, after being placed out of service because of 
receiving a final ``unsatisfactory'' safety rating, to a civil 
penalty of not more than $29,893 (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 $89,678 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 
$209,249 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 
$11,956 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 
$11,956 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 $29,893 per violation.

[[Page 15872]]

    (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 $11,956 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 $16,443 for an intentional violation and a 
maximum penalty of $41,110 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 
$23,915 and a maximum penalty of $47,829 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 $1,798 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 $3,600 for the first 
violation and $8,998 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 $179,953 per violation. When acting in the scope of his/her 
employment, the acts or omissions of a person acting for or employed 
by a carrier or shipper are considered the acts or omissions of that 
carrier or shipper, as well as of that person.
    (11) Any person who offers, gives, solicits, or receives a 
rebate or concession related to motor carrier transportation subject 
to jurisdiction under subchapter I of 49 U.S.C. chapter 135, or who 
assists or permits another person to get that transportation at less 
than the rate in effect under 49 U.S.C. 13702, commits a violation 
for which the penalty is $359 for the first violation and $449 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 $901 for the first 
violation and up to $3,600 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 $901 for the first violation and up to $3,600 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 $17,995 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 $1,195 and for a 
maximum penalty of $8,998 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 $3,600.
    (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 $901 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 $17,995 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 $13,885 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 $34,712 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 $1,388 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 $13,885.
    (i) Evasion. A person, or an officer, employee, or agent of that 
person:
    (1) Who by any means tries to evade regulation of motor carriers 
under title 49, United States Code, chapter 5, chapter 51, 
subchapter III of chapter 311 (except sections 31138 and 31139) or 
section 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502, or 
a regulation in subtitle B, chapter I, subchapter C of this title, 
or this subchapter, issued under any of those provisions, shall be 
fined at least $2,392 but not more than $5,978 for the first 
violation and at least $2,988 but not more than $8,958 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 $2,392 for the first violation or at least $5,978 for a 
subsequent violation.

PART 578--CIVIL AND CRIMINAL PENALTIES

0
96. The authority citation for part 578 continues to read as follows:

    Authority:  Pub. L. 92-513, Pub. L. 94-163, Pub. L. 98-547, Pub. 
L. 101-410, Pub. L. 102-388, Pub. L. 102-519, Pub. L. 104-134, Pub. 
L. 109-59, Pub. L. 110-140, Pub. L. 112-141, Pub. L. 114-74, Pub. L. 
114-94 (49 U.S.C. 30165, 30170, 30505, 32308, 32309, 32507, 32709, 
32710, 32902, 32912, 33114, and 33115); delegation of authority at 
49 CFR 1.81, 1.95.

0
97. Amend Sec.  578.6 by revising paragraphs (a)(1), (a)(2)(i)(B), 
(a)(3) and (4), (b) through (g), (h)(1), and (i) to read as follows:


Sec.  578.6  Civil penalties for violations of specified provisions of 
Title 49 of the United States Code.

    (a) * * *
    (1) In general. A person who violates any of sections 30112, 30115, 
30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through 30147 
of Title

[[Page 15873]]

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 $24,423 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 
$122,106,996.
    (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 $13,885 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 
$20,827,441.
    (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 $24,423 per violation per day. The maximum 
penalty under this paragraph (a)(3) for a related series of daily 
violations is $122,106,996.
    (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 $5,978 per day. The maximum penalty under this paragraph 
(a)(4) for a related series of daily violations is $1,195,707.
    (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 $1,949 for each 
violation.
    (c) Bumper standards. (1) A person that violates 49 U.S.C. 32506(a) 
is liable to the United States Government for a civil penalty of not 
more than $3,198 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 $3,561,551.
    (d) Consumer information--(1) Crash-worthiness and damage 
susceptibility. A person who violates 49 U.S.C. 32308(a), regarding 
crashworthiness and damage susceptibility, is liable to the United 
States Government for a civil penalty of not more than $3,198 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 $1,744,386.
    (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 $66,191 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 $1,949 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 $11,956 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 $1,195,707.
    (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 $11,956, 
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 $2,627 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 $656,665.
    (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 $195,054 
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 $45,973 
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 $45,273 per vehicle or engine. The 
maximum civil penalty for a related series of violations shall be 
determined by multiplying $45,273 times the vehicle or engine 
production volume for the model year in question within the regulatory 
averaging set.

    Signed in Washington, DC, on February 25, 2022.
Peter Paul Montgomery Buttigieg,
Secretary of Transportation.
[FR Doc. 2022-04456 Filed 3-18-22; 8:45 am]
BILLING CODE 4910-9X-P