Revisions to Civil Penalty Amounts, 2024, 89551-89568 [2023-28066]

Download as PDF 89551 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations DEPARTMENT OF TRANSPORTATION Elizabeth Kohl, Attorney-Advisor, 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: Federal Aviation Administration 14 CFR Parts 13 and 406 Office of the Secretary 14 CFR Part 383 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. The Department’s authorities over the specific civil penalty regulations being amended by this rule are provided in the preamble discussion below. 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–AF16 Revisions to Civil Penalty Amounts, 2024 Department of Transportation (DOT or the Department). ACTION: Final rule. AGENCY: This final rule provides the statutorily prescribed 2024 adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. DATES: This rule is effective December 28, 2023. SUMMARY: khammond on DSKJM1Z7X2PROD with RULES FOR FURTHER INFORMATION CONTACT: 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 OMB released this required guidance in OMB Memorandum M–24–07, available at https://www.whitehouse.gov/omb/ information-for-agencies/memoranda/, which provides instructions on how to calculate the 2024 annual adjustment. To derive the 2024 adjustment, the Department must multiply the maximum or minimum penalty amount by the percent change between the October 2023 Consumer Price Index for All Urban Consumers (CPI–U) and the October 2022 CPI–U. In this case, as explained in OMB Memorandum M–24– 07 the percent change between the October 2023 CPI–U and the October 2022 CPI–U is 1.03241.2 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. 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) 2024 Adjustments OST’s 2024 civil penalty adjustments are summarized in the chart below. Existing penalty Description Citation General civil penalty for violations of certain aviation economic regulations and statutes .............. General civil penalty for violations of certain aviation economic regulations and statutes involving an individual or small business concern. 49 U.S.C. 46301(a)(1) .............. 49 U.S.C. 46301(a)(1) .............. 1 28 U.S.C. 2461 note. VerDate Sep<11>2014 19:28 Dec 27, 2023 2 Agencies may calculate the percent change using the CPI–U numbers, which are typically issued in November each year, and confirm their Jkt 262001 PO 00000 Frm 00013 Fmt 4700 Sfmt 4700 $40,272 1,771 New penalty (existing penalty × 1.03241) $41,577 1,828 calculations upon issuance of the annual OMB guidance. E:\FR\FM\28DER1.SGM 28DER1 89552 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations New penalty (existing penalty × 1.03241) Citation Civil penalties for individuals or small businesses for violations of most provisions of Chapter 401 of Title 49, including the anti-discrimination provisions of sections 40127 and 41705 and rules and orders issued pursuant to these provisions. Civil penalties for individuals or small businesses for violations of 49 U.S.C. 41719 and rules and orders issued pursuant to that provision. Civil penalties for individuals or small businesses for violations of 49 U.S.C. 41712 or consumer protection rules and orders issued pursuant to that provision. 49 U.S.C. 46301(a)(5)(A) ......... 16,108 16,630 49 U.S.C. 46301(a)(5)(C) ......... 8,054 8,315 49 U.S.C. 46301(a)(5)(D) ......... 4,028 4,159 B. Federal Aviation Administration (FAA) 2024 Adjustments FAA’s 2024 civil penalty adjustments are summarized in the chart below. Existing penalty New penalty (existing penalty × 1.03241) Description Citation Violation of hazardous materials transportation law ......................................................................... Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction. Minimum penalty for violation of hazardous materials transportation law relating to training .......... Maximum penalty for violation of hazardous materials transportation law relating to training ......... 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 contrary to 49 U.S.C. 44704(e)(1)–(3). Operation of an unmanned aircraft or unmanned aircraft system equipped or armed with a dangerous weapon. Violation by a person other than an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B). Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)). Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered in 49 U.S.C. 46301(a)(5)). Violation 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 51 U.S.C. 50901–50923, a regulation issued under these statutes, or any term or condition of a license or permit issued or transferred under these statutes. 49 U.S.C. 5123(a)(1) ................ 49 U.S.C. 5123(a)(2) ................ $96,624 225,455 $99,756 232,762 49 U.S.C. 5123(a)(3) ................ 49 U.S.C. 5123(a)(3) ................ 49 U.S.C. 44704(d)(3)(B) ......... 582 96,624 1,144,489 601 99,756 1,181,582 49 U.S.C. 44704(e)(4)(A) ......... 1,144,489 1,181,582 49 U.S.C. 44802 note ............... 29,462 30,417 49 U.S.C. 46301(a)(1) .............. 40,272 41,577 49 U.S.C. 46301(a)(1) .............. 1,771 1,828 49 U.S.C. 46301(a)(1) .............. 1,771 1,828 49 U.S.C. 46301(a)(5)(A) ......... 16,108 16,630 49 U.S.C. 46301(a)(5)(B)(i) ...... 16,108 16,630 49 U.S.C. 46301(a)(5)(B)(ii) ..... 16,108 16,630 49 U.S.C. 46301(a)(5)(B)(iii) ..... 16,108 16,630 49 U.S.C. 46301(a)(5)(B)(iv) .... 16,108 16,630 49 U.S.C. 46301 note ............... 30,820 31,819 49 U.S.C. 46301(b) ................... 49 U.S.C. 46302 ....................... 5,171 28,085 5,339 28,995 49 U.S.C. 46318 ....................... 42,287 43,658 49 U.S.C. 46319 ....................... 49 U.S.C. 46320 ....................... 16,108 24,656 16,630 25,455 51 U.S.C. 50917(c) ................... 283,009 292,181 C. National Highway Traffic Safety Administration (NHTSA) 2024 Adjustments NHTSA’s 2024 civil penalty adjustments are summarized in the chart below. Description khammond on DSKJM1Z7X2PROD with RULES Existing penalty Description Maximum penalty amount for each violation of: 49 U.S.C. 30112, 30115, 30117–30122, 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, 30141- 30147, 30166 or 31137, or a regulation prescribed under any of these sections. Maximum penalty per school bus related violation of 49 U.S.C. 30112(a)(1) or 30112(a)(2) ......... Maximum penalty amount for a series of school bus related violations of 49 U.S.C. 30112(a)(1) or 30112(a)(2). VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 PO 00000 Existing penalty Citation Frm 00014 Fmt 4700 Sfmt 4700 New penalty (existing penalty × 1.03241) 49 U.S.C. 30165(a)(1), 30165(a)(3). $26,315 $27,168 49 U.S.C. 30165(a)(1), 30165(a)(3). 131,564,183 135,828,178 14,960 22,440,526 15,445 23,167,823 49 U.S.C. 30165(a)(2)(A) ......... 49 U.S.C. 30165(a)(2)(B) ......... E:\FR\FM\28DER1.SGM 28DER1 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 89553 New penalty (existing penalty × 1.03241) Existing penalty Description Citation Maximum penalty per violation for filing false or misleading reports ................................................ Maximum penalty amount for a series of violations related to filing false or misleading reports ..... Maximum penalty amount for each violation of the reporting requirements related to maintaining the National Motor Vehicle Title Information System. Maximum penalty amount for each violation of a bumper standard under 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 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)(1)–(4) ..................................... Maximum penalty amount for a related series of violations of 49 U.S.C. 33114(a)(1)–(4) .............. Maximum civil penalty for violations of 49 U.S.C. 33114(a)(5) ......................................................... Maximum civil penalty for violations under 49 U.S.C. 32911(a) related to automobile fuel economy. Civil penalty factor for violations of fuel economy standards prescribed for a model year under 49 U.S.C. 32902 3. Maximum civil penalty factor that may be prescribed for fuel economy standards under 49 U.S.C. 32912(c)(1)(A). Maximum civil penalty for a violation under the medium- and heavy-duty vehicle fuel efficiency program. 49 U.S.C. 30165(a)(4) .............. 49 U.S.C. 30165(a)(4) .............. 49 U.S.C. 30505 ....................... 6,441 1,288,315 2,100 6,650 1,330,069 2,168 49 U.S.C. 32507(a) ................... 49 U.S.C. 32507(a) ................... 49 U.S.C. 32308(b) ................... 3,446 3,837,393 3,446 3,558 3,961,763 3,558 49 U.S.C. 32308(b) ................... 1,879,489 1, 940,403 49 U.S.C. 32308(c) ................... 49 U.S.C. 32309 ....................... 71,317 2,100 73,628 2,168 49 U.S.C. 32709 ....................... 49 U.S.C. 32709 ....................... 12,882 1,288,315 13,300 1,330,069 49 U.S.C. 32710 ....................... 12,882 13,300 U.S.C. 33115(a) ................... U.S.C. 33115(a) ................... U.S.C. 33115(b) ................... U.S.C 32912(a) .................... 2,830 707,524 210,161 49,534 2,922 730,455 216,972 51,139 49 U.S.C. 32912(b) ................... 16 17 49 U.S.C. 32912(c)(1)(B) .......... 31 32 49 U.S.C. 32902 ....................... 48,779 50,360 49 49 49 49 3 For model years before model year 2019, the civil penalty is $5.50; for model years 2019 through 2021, the civil penalty is $14; for model year 2022, the civil penalty is $15; for model year 2023, the civil penalty is $16; for model year 2024, the civil penalty is $17. D. Federal Motor Carrier Safety Administration (FMCSA) 2024 Adjustments FMCSA’s civil penalties affected by this rule are all located in appendices A and B to 49 CFR part 386. The 2024 adjustments to these civil penalties are summarized in the chart below. Note that the civil penalties for violations of Appendix A IV (h) and (j) were incorrectly stated in the regulatory text of the 2023 update as $31,536 rather than $28,304 (88 FR 1114, 1130; Jan. 6, 2023), though these penalties were correctly stated in the preamble as updated from $26,269 as $28,304 (Id. at 1117). These errors have been corrected in this 2024 update. In addition, the khammond on DSKJM1Z7X2PROD with RULES Description 19:28 Dec 27, 2023 Jkt 262001 PO 00000 Existing penalty Citation Appendix A II Subpoena .................................................................................................................... Appendix A II Subpoena .................................................................................................................... Appendix A IV (a) Out-of-service order (operation of commercial motor vehicle (CMV) by driver) Appendix A IV (b) Out-of-service order (requiring or permitting operation of CMV by driver) ......... Appendix A IV (c) Out-of-service order (operation by driver of CMV or intermodal equipment that was placed out of service). Appendix A IV (d) Out-of-service order (requiring or permitting operation of CMV or intermodal equipment that was placed out of service). Appendix A IV (e) Out-of-service order (failure to return written certification of correction) ............ Appendix A IV (g) Out-of-service order (failure to cease operations as ordered) ............................ Appendix A IV (h) Out-of-service order (operating in violation of order) .......................................... Appendix A IV (i) Out-of-service order (conducting operations during suspension or revocation for failure to pay penalties). Appendix A IV (j) (conducting operations during suspension or revocation) .................................... Appendix B (a)(1) Recordkeeping—maximum penalty per day ........................................................ Appendix B (a)(1) Recordkeeping—maximum total penalty ............................................................. Appendix B (a)(2) Knowing falsification of records ........................................................................... Appendix B (a)(3) Non-recordkeeping violations .............................................................................. Appendix B (a)(4) Non-recordkeeping violations by drivers ............................................................. Appendix B (a)(5) Violation of 49 CFR 392.5 (first conviction) ......................................................... Appendix B (a)(5) Violation of 49 CFR 392.5 (second or subsequent conviction) ........................... Appendix B (b) Commercial driver’s license (CDL) violations .......................................................... Appendix B (b)(1): Special penalties pertaining to violation of out-of-service orders (first conviction). Appendix B (b)(1) Special penalties pertaining to violation of out-of-service orders (second or subsequent conviction). Appendix B (b)(2) Employer violations pertaining to knowingly allowing, authorizing employee violations of 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). VerDate Sep<11>2014 civil penalties for violations of Appendix B (i)(1) and (2) were incorrectly stated in the regulatory text of the 2023 update as $6,247 rather than $6,441 (Id. at 1131), though these penalties were correctly stated in the preamble as updated from $5,978 to $6,441 (Id. at 1119). These errors have also been corrected in this 2024 update. Frm 00015 Fmt 4700 Sfmt 4700 49 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. New penalty (existing penalty × 1.03241) 525 ........................... 525 ........................... 521(b)(7) .................. 521(b)(7) .................. 521(b)(7) .................. $1,288 12,882 2,232 22,324 2,232 $1,330 13,300 2,304 23,048 2,304 49 U.S.C. 521(b)(7) .................. 22,324 23,048 49 U.S.C. 49 U.S.C. 49 U.S.C. 49 U.S.C. (b)(7). 49 U.S.C. 49 U.S.C. 49 U.S.C. 49 U.S.C. 49 U.S.C. 49 U.S.C. 49 U.S.C. 49 U.S.C. 49 U.S.C. 49 U.S.C. 521(b)(2)(B) ............. 521(b)(2)(F) .............. 521(b)(7) .................. 521(b)(2)(A) and 1,116 32,208 28,304 18,170 1,152 33,252 29,221 18,759 521(b)(7) .................. 521(b)(2)(B)(i) .......... 521(b)(2)(B)(i) .......... 521(b)(2)(B)(ii) ......... 521(b)(2)(A) ............. 521(b)(2)(A) ............. 31310(i)(2)(A) ........... 31310(i)(2)(A) ........... 521(b)(2)(C) ............. 31310(i)(2)(A) ........... 28,304 1,496 14,960 14,960 18,170 4,543 3,740 7,481 6,755 3,740 29,221 1,544 15,445 15,445 18,759 4,690 3,861 7,723 6,974 3,861 49 U.S.C. 31310(i)(2)(A) ........... 7,481 7,723 49 U.S.C. 521(b)(2)(C) ............. 6,755 6,974 49 U.S.C. 31310(i)(2)(C) .......... 37,400 38,612 E:\FR\FM\28DER1.SGM 28DER1 khammond on DSKJM1Z7X2PROD with RULES 89554 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations Existing penalty New penalty (existing penalty × 1.03241) Description Citation Appendix B (b)(3) Special penalties pertaining to railroad-highway grade crossing violations ........ Appendix B (d) Financial responsibility violations ............................................................................. 49 U.S.C. 31310(j)(2)(B) ........... 49 U.S.C. 31138(d)(1), 31139(g)(1). 49 U.S.C. 5123(a)(1) ................ 19,389 19,933 20,017 20,579 96,624 99,756 49 U.S.C. 5123(a)(3) ................ 582 601 49 U.S.C. 5123(a)(1) ................ 96,624 99,756 49 U.S.C. 5123(a)(1) ................ 96,624 99,756 49 U.S.C. 5123(a)(1) ................ 96,624 99,756 49 U.S.C. 5123(a)(2) ................ 225,455 232,762 49 U.S.C. 521(b)(2)(F) .............. 32,208 33,252 49 U.S.C. 5123(a)(1) ................ 96,624 99,756 49 U.S.C. 5123(a)(2) ................ 225,455 232,762 14901(a) ................... 14916(c) ................... 14901(a) ................... 14901(a) ................... 14901 note ............... 12,882 12,882 32,208 12,882 17,717 13,300 13,300 33,252 13,300 18,291 49 U.S.C. 14901 note ............... 44,294 45,730 49 U.S.C. 14901(b) ................... 25,767 26,602 49 U.S.C. 14901(b) ................... 51,533 53,203 I49 U.S.C. 14901(d)(1) ............. 1,937 2,000 49 U.S.C. 14901(e) ................... 3,879 4,005 49 U.S.C. 14901(e) ................... 9,695 10,009 13702, 14903 ........... 14904(a) ................... 14904(a) ................... 14904(b)(1) .............. 14904(b)(1) .............. 193,890 387 484 971 3,879 200,174 400 500 1,002 4,005 49 U.S.C. 14904(b)(2) .............. 971 1,002 49 U.S.C. 14904(b)(2) .............. 3,879 4,005 49 U.S.C. 14905 ....................... 49 U.S.C. 14901 ....................... 19,389 1,288 20,017 1,330 49 U.S.C. 14907 ....................... 9,695 10,009 14908 ....................... 14910 ....................... 14915 ....................... 14901(d)(2) .............. 14901 (d)(3) ............. 521(b)(2)(E) ............. 3,879 971 19,389 14,960 37,400 1,496 4,005 1,002 20,017 15,445 38,612 1,544 49 U.S.C. 521(b)(2)(E) ............. 14,960 15,445 49 U.S.C. 524 ........................... 2,577 2,661 49 U.S.C. 524 ........................... 6,441 6,650 49 U.S.C. 524 ........................... 3,219 3,323 49 U.S.C. 524 ........................... 9,652 9,965 49 U.S.C. 14906 ....................... 2,577 2,661 49 U.S.C. 14906 ....................... 6,441 6,650 Appendix B (e)(1) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (transportation or shipment of hazardous materials). Appendix B (e)(2) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training)—minimum penalty. Appendix B (e)(2): Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (training)—maximum penalty. Appendix B (e)(3) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (packaging or container). Appendix B (e)(4): Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (compliance with FMCSRs). Appendix B (e)(5) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property). Appendix B (f)(1) Operating after being declared unfit by assignment of a final ‘‘unsatisfactory’’ safety rating (generally). Appendix B (f)(2) Operating after being declared unfit by assignment of a final ‘‘unsatisfactory’’ safety rating (hazardous materials)—maximum penalty. Appendix B (f)(2): Operating after being declared unfit by assignment of a final ‘‘unsatisfactory’’ safety rating (hazardous materials)—maximum penalty if death, serious illness, severe injury to persons; destruction of property. Appendix B (g)(1): Violations of the commercial regulations (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. 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)(10) Tariff violations ................................................................................................... Appendix B (g)(11) Additional tariff violations (rebates or concessions)—first violation .................. Appendix B (g)(11) Additional tariff violations (rebates or concessions)—subsequent violations .... Appendix B (g)(12): Tariff violations (freight forwarders)—maximum penalty for first violation ....... Appendix B (g)(12): Tariff violations (freight forwarders)—maximum penalty for subsequent violations. Appendix B (g)(13): service from freight forwarder at less than rate in effect—maximum penalty for first violation. Appendix B (g)(13): service from freight forwarder at less than rate in effect—maximum penalty for subsequent violation(s). Appendix B (g)(14): Violations related to loading and unloading motor vehicles ............................. Appendix B (g)(16): Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B (except 13901 and 13902(c))—minimum penalty. Appendix B (g)(16): Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B—maximum penalty. Appendix B (g)(17): Unauthorized disclosure of information ............................................................ Appendix B (g)(18): Violation of 49 U.S.C. subtitle IV, part B, or condition of registration .............. Appendix B (g)(21)(i): Knowingly and willfully fails to deliver or unload HHG at destination ........... Appendix B (g)(22): HHG broker estimate before entering into an agreement with a motor carrier Appendix B (g)(23): HHG transportation or broker services—registration requirement ................... Appendix B (h): Copying of records and access to equipment, lands, and buildings—maximum penalty per day. Appendix B (h): Copying of records and access to equipment, lands, and buildings—maximum total penalty. Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 (except 31138 and 31139), 31302–31304, 31305(b), 31310(g)(1)(A), or 31502—minimum penalty for first violation. Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 (except 31138 and 31139), 31302–31304, 31305(b), 31310(g)(1)(A), or 31502—maximum penalty for first violation. Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 (except 31138 and 31139), 31302–31304, 31305(b), 31310(g)(1)(A), or 31502—minimum penalty for subsequent violation(s). Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 (except 31138 and 31139), 31302–31304, 31305(b), 31310(g)(1)(A), or 31502—maximum penalty for subsequent violation(s). Appendix B (i)(2): Evasion of regulations under 49 U.S.C. subtitle IV, part B—minimum penalty for first violation. Appendix B (i)(2): Evasion of regulations under 49 U.S.C. subtitle IV, part B—minimum penalty for subsequent violation(s). VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 PO 00000 Frm 00016 Fmt 4700 Sfmt 4700 49 49 49 49 49 49 49 49 49 49 49 49 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. E:\FR\FM\28DER1.SGM 28DER1 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations E. Federal Railroad Administration (FRA) 2024 Adjustments FRA’s 2024 civil penalty adjustments are summarized in the chart below. Description 49 49 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. U.S.C. ch. 213 .............. ch. 213 .............. ch. 213 .............. 5123 .................. 5123 .................. 5123 .................. violations are located in 49 CFR 107.329, appendix A to subpart D of 49 CFR part 107, and § 171.1. The civil penalties affected by this rule for pipeline safety violations are located in F. Pipeline and Hazardous Materials Safety Administration (PHMSA) 2024 Adjustments PHMSA’s civil penalties affected by this rule for hazardous materials Existing penalty Citation Minimum rail safety penalty .................................................................................. Ordinary maximum rail safety penalty .................................................................. Maximum penalty for an aggravated rail safety violation ..................................... Minimum penalty for hazardous materials training violations .............................. Maximum penalty for ordinary hazardous materials violations ............................ Maximum penalty for aggravated hazardous materials violations ....................... Existing penalty Citation Maximum penalty for hazardous materials violation ............................................ Maximum penalty for hazardous materials violation that results in death, serious illness, or severe injury to any person or substantial destruction of property. Minimum penalty for hazardous materials training violations .............................. Maximum penalty for each pipeline safety violation ............................................ Maximum penalty for a related series of pipeline safety violations ..................... Maximum additional penalty for each liquefied natural gas pipeline facility violation. Maximum penalty for discrimination against employees providing pipeline safety information. 49 U.S.C. 5123 .................. 49 U.S.C. 5123 .................. $1,086 35,516 142,063 601 99,756 232,762 New penalty (existing penalty × 1.03241) $96,624 225,455 $99,756 232,762 5123 .................. 60122(a)(1) ........ 60122(a)(1) ........ 60122(a)(2) ........ 582 257,664 2,576,627 94,128 601 266,015 2,660,135 97,179 49 U.S.C. 60122(a)(3) ........ 1,496 1,544 49 49 49 49 U.S.C. U.S.C. U.S.C. U.S.C. chart below. Note that the penalty in the regulatory text at 46 CFR 221.61(b) for violations of 46 U.S.C. 56010(e) was stated in error as $22,750 in the 2023 civil penalties rule update (88 FR 1114, MARAD’s 2024 civil penalty adjustments are summarized in the $1,052 34,401 137,603 582 96,624 225,455 New penalty (existing penalty × 1.03241) § 190.223. PHMSA’s 2024 civil penalty adjustments are summarized in the chart below. Description G. Maritime Administration (MARAD) 2024 Adjustments khammond on DSKJM1Z7X2PROD with RULES 89555 1124), though it was correctly stated in the preamble of the that rule as $24,905, updated from the 2022 civil penalty of $23,115 (Id. at 1120). This error has been corrected in this 2024 update. Existing penalty New penalty (existing penalty × 1.03241) Description Citation Maximum civil penalty for a single violation of any provision under 46 U.S.C. Chapter 313 and all of Subtitle III related MARAD regulations, except for violations of 46 U.S.C. 31329. Maximum civil penalty for a single violation of 46 U.S.C. 31329 as it relates to the court sales of documented vessels. Maximum civil penalty for a single violation of 46 U.S.C. 56101 as it relates to approvals required to transfer a vessel to a noncitizen. Maximum civil penalty for failure to file an Automated Mutual Assistance Vessel Rescue System (AMVER) report. Maximum civil penalty for violating procedures for the use and allocation of shipping services, port facilities and services for national security and national defense operations. Maximum civil penalty for violations in applying for or renewing a vessel’s fishery endorsement. 46 U.S.C. 31309 ................ 24,746 25,548 46 U.S.C. 31330 ................ 61,982 63,991 46 U.S.C. 56101(e) ............ 24,905 25,712 46 U.S.C. 50113(b) ............ 157 162 50 U.S.C. 4513 .................. 31,326 32,341 46 U.S.C. 12151 ................ 181,713 187,602 H. Great Lakes St. Lawrence Seaway Development Corporation (GLS) 2024 Adjustments VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 The 2024 civil penalty adjustment for GLS is as follows: PO 00000 Frm 00017 Fmt 4700 Sfmt 4700 E:\FR\FM\28DER1.SGM 28DER1 89556 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations Citation Maximum civil penalty for each violation of the Seaway Rules and Regulations at 33 CFR part 401. 33 U.S.C. 1232 .................. Regulatory Analysis and Notices A. Executive Order 12866 and DOT Regulatory Policies and Procedures This final rule has been evaluated in accordance with existing policies and procedures and is considered not significant under Executive 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). The Small Business Administration’s A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act (2012), explains that: If, under the [Administrative Procedure Act (APA)] or any rule of general applicability governing federal grants to state and local governments, the agency is required to publish a general notice of proposed rulemaking (NPRM), the RFA must be considered [citing 5 U.S.C. 604(a)]. . . . If an NPRM is not required, the RFA does not apply. As stated above, DOT has determined that good cause exists to publish this final rule without notice and comment procedures under the APA. Therefore, the analytical requirements of the RFA do not apply. C. Executive Order 13132 (Federalism) khammond on DSKJM1Z7X2PROD with RULES Existing penalty Description 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. VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 D. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. Because none of the measures in the rule have tribal implications or impose substantial direct compliance costs on Indian tribal governments, the funding and consultation requirements of Executive Order 13175 do not apply. E. Paperwork Reduction Act Under the Paperwork Reduction Act, before an agency submits a proposed collection of information to OMB for approval, it must publish a document in the Federal Register providing notice of and a 60-day comment period on, and otherwise consult with members of the public and affected agencies concerning, each proposed collection of information. This final rule imposes no new information reporting or record keeping necessitating clearance by OMB. F. National Environmental Policy Act The Department has analyzed the environmental impacts of this final rule pursuant to the National Environmental Policy Act of 1969 (NEPA) (42 U.S.C. 4321, et seq.) and has determined that it is categorically excluded pursuant to DOT Order 5610.1C, Procedures for Considering Environmental Impacts (44 FR 56420, Oct. 1, 1979, as amended July 13, 1982, and July 30, 1985). Categorical exclusions are actions identified in an agency’s NEPA implementing procedures that do not normally have a significant impact on the environment and therefore do not require either an environmental assessment (EA) or environmental impact statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a categorical exclusion, the agency must also consider whether extraordinary circumstances are present that would warrant the preparation of an EA or EIS. Id. Paragraph 4(c)(5) of DOT Order 5610.1C includes 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 PO 00000 Frm 00018 Fmt 4700 Sfmt 4700 New penalty (existing penalty ×1.03241) $111,031 $114,630 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. E:\FR\FM\28DER1.SGM 28DER1 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations Reporting and recordkeeping requirements, Safety, Transportation. 46 CFR Part 356 Citizenship and naturalization, Fishing vessels, Mortgages, Penalties, Reporting and recordkeeping requirements, Vessels. 49 CFR Part 220 Penalties, Radio, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 107 Administrative practices and procedure, Hazardous materials transportation, Packaging and containers, Penalties, 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 171 Administrative practice and procedure, Exports, Hazardous materials transportation, Hazardous waste, Imports, Information, Reporting and recordkeeping requirements. Glazing standards, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 190 49 CFR Part 225 Administrative practice and procedure, Penalties, Pipeline safety. Investigations, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 209 Administrative practice and procedure, Hazardous materials transportation, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 227 49 CFR Part 213 Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements. Highway safety, Penalties, Railroad safety, Reporting and recordkeeping requirements, State and local governments. Penalties, Railroad safety, Reporting and recordkeeping requirements. Penalties, Positive train control, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 218 49 CFR Part 237 Occupational safety and health, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. Bridges, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 219 Fire prevention, Passenger equipment, Penalties, Railroad safety, Reporting and recordkeeping requirements. Alcohol abuse, Drug abuse, Drug testing, Penalties, Railroad safety, VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 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: 49 CFR Part 238 PO 00000 Frm 00019 Fmt 4700 PART 13—INVESTIGATIVE AND ENFORCEMENT PROCEDURES 1. The authority citation for part 13 continues to read as follows: Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121–5124, 40113– 40114, 44103–44106, 44701–44704, 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. 2. Amend § 13.301 by revising paragraphs (b) and (c) to read as follows: ■ § 13.301 Inflation adjustments of civil monetary penalties. 49 CFR Part 236 49 CFR Parts 216, 217, 221, 224, 229, 230, 232, 233, and 239 Penalties, Railroad employees, Railroad safety, Railroads, Safety, Transportation. ■ 49 CFR Part 234 Freight, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 272 49 CFR Part 228 Penalties, Railroad safety. 49 CFR Part 215 Communications, Penalties, Railroad safety, Reporting and recordkeeping requirements. Title 14—Aeronautics and Space 49 CFR Part 231 Bridges, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 241 Noise control, Occupational safety and health, Penalties, Railroad safety, Reporting and recordkeeping requirements. Penalties, Railroad employees, Reporting and recordkeeping requirements. 49 CFR Part 214 khammond on DSKJM1Z7X2PROD with RULES 49 CFR Part 223 89557 Sfmt 4700 * * * * * (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 December 28, 2023, notwithstanding references to specific civil penalty amounts elsewhere in this part. (c) Minimum and maximum civil monetary penalties are as follows: E:\FR\FM\28DER1.SGM 28DER1 89558 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations TABLE 1 TO § 13.301(c)—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) ........ 49 U.S.C. 5123(a)(2) ........ 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)). Violation of 49 U.S.C. 47107(b) (or any assurance made under such section) or 49 U.S.C. 47133. 49 U.S.C. 5123(a)(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) ...... 49 U.S.C. 46301(a)(1) ...... 49 U.S.C. 46301(a)(1) ...... 49 U.S.C. 46301(a)(3) ...... 49 U.S.C. 46301(a)(5)(A) 49 U.S.C. 46301(a)(5)(B)(i). 49 U.S.C. 46301(a)(5)(B)(ii). 49 U.S.C. 46301(a)(5)(B)(iii). 49 U.S.C. 46301(a)(5)(B)(iv). 49 U.S.C. 46301 note ....... khammond on DSKJM1Z7X2PROD with RULES 49 U.S.C. 46301(b) ........... 49 U.S.C. 46302 ............... 49 U.S.C. 46318 ............... 49 U.S.C. 46319 ............... VerDate Sep<11>2014 Violation by an individual or small business concern (except an airman serving as an airman) under 49 U.S.C. 46301(a)(5)(A)(i) or (ii). Violation by an individual or small business concern related to the transportation of hazardous materials. Violation by an individual or small business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation. 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. 19:28 Dec 27, 2023 Jkt 262001 PO 00000 Frm 00020 Fmt 4700 2023 minimum penalty amount New adjusted minimum penalty amount for violations occurring on or after December 28, 2023 N/A N/A N/A N/A $96,624 ........................... $225,455 ......................... $99,756. $232,762. $582 $601 $96,624 ........................... $99,756. N/A N/A $1,144,488 ...................... $1,181,581. N/A N/A $1,144,488 ...................... $1,181,581. 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 $29,462 ........................... $30,417. N/A N/A $40,272 ........................... $41,577. N/A N/A $1,771 ............................. $1,828. N/A N/A $1,771 ............................. $1,828. N/A N/A No change. N/A N/A Increase above otherwise applicable maximum amount not to exceed 3 times the amount of revenues used in violation of such section. $16,108 ........................... $16,630. N/A N/A $16,108 ........................... $16,630. N/A N/A $16,108 ........................... $16,630. N/A N/A $16,108 ........................... $16,630. N/A N/A $16,108 ........................... $16,630. N/A N/A $30,820 ........................... $31,819. N/A N/A N/A N/A $5,171 ............................. $28,085 ........................... $5,339. $28,995. N/A N/A $42,287 ........................... $43,658. N/A N/A $16,108 ........................... $16,630. Sfmt 4700 2023 maximum penalty amount E:\FR\FM\28DER1.SGM 28DER1 New adjusted maximum penalty amount for violations occurring on or after December 28, 2023 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 89559 TABLE 1 TO § 13.301(c)—MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS— Continued United States Code citation Civil monetary penalty description 49 U.S.C. 46320 ............... Operating an unmanned aircra ft 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. 49 U.S.C. 47531 ............... 2023 minimum penalty amount New adjusted minimum penalty amount for violations occurring on or after December 28, 2023 N/A N/A $24,656 ........................... $25,455. 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). PART 406—INVESTIGATIONS, ENFORCEMENT, AND ADMINISTRATIVE REVIEW PART 383—CIVIL PENALTIES 3. The authority citation for part 383 continues to read as follows: ■ Authority: Sec. 701, Pub. L. 114–74, 129 Stat. 584; Sec. 503, Pub. L. 108–176, 117 Stat. 2490; Pub. L. 101–410, 104 Stat. 890; Sec. 31001, Pub. L. 104–134. 5. The authority citation for part 406 continues to read as follows: ■ Authority: 51 U.S.C. 50901–50923. khammond on DSKJM1Z7X2PROD with RULES § 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 $41,577 (or $1,828 for individuals or small businesses) applies to violations of statutory provisions and rules or orders issued under those provisions, other than those listed in paragraph (b) of this section (see 49 U.S.C. 46301(a)(1)); 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 $16,630 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 $8,315 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 $4,159 applies for violations of section 41712 or consumer protection rules or orders (see 49 U.S.C. 46301(a)(5)(D)). VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 New adjusted maximum penalty amount for violations occurring on or after December 28, 2023 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: ■ 6. Amend § 406.9 by revising paragraph (a) to read as follows: Authority: 46 U.S.C. chs. 301, 313, and 561; Pub. L. 114–74; 49 CFR 1.93. § 406.9 ■ ■ 4. Section 383.2 is revised to read as follows: ■ 2023 maximum penalty amount 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 $292,181 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 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 $25,548 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 $63,991 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 $25,712 for each violation. PART 307—ESTABLISHMENT OF MANDATORY POSITION REPORTING SYSTEM FOR VESSELS 7. The authority citation for subpart B of part 401 continues 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. Authority: Pub. L. 109–304; 46 U.S.C. 50113; Pub. L. 114–74; 49 CFR 1.93. ■ 8. Amend § 401.102 by revising paragraph (a) to read as follows: ■ § 401.102 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 $114,630. * * * * * PO 00000 Frm 00021 Fmt 4700 Sfmt 4700 11. The authority citation for part 307 continues to read as follows: 12. Section 307.19 is revised to read as follows: ■ § 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 $162 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 E:\FR\FM\28DER1.SGM 28DER1 89560 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 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 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 $32,341 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. khammond on DSKJM1Z7X2PROD with RULES * * * * * (b) A fine of up to $187,602 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: ■ VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 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. note); 49 CFR 1.81 and 1.97; 33 U.S.C. 1321. 18. Revise § 107.329 to read as follows: ■ § 107.329 Maximum penalties. (a) A person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued thereunder, this subchapter, subchapter C of 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 $99,756 for each violation, except the maximum civil penalty is $232,762 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 $601 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 $99,756 for each violation, except the maximum civil penalty is $232,762 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 $601 for violations relating to training. Appendix A to Subpart D of Part 107 [Amended] 19. Amend appendix A to subpart D of part 107, under section B, Penalty Increases for Multiple Counts, in the second paragraph, by removing ‘‘$96,624 or $225,455’’ and ‘‘January 6, 2023’’ and adding in their places ‘‘$99,756 or $232,762’’ and ‘‘December 28, 2023,’’ respectively. ■ PO 00000 Frm 00022 Fmt 4700 Sfmt 4700 PART 171—GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 20. The authority citation for part 171 continues to read as follows: ■ Authority: 49 U.S.C. 5101–5128, 44701; Pub. L. 101–410 section 4; Pub. L. 104–134, section 31001; Pub. L. 114–74 section 4 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.97. 21. Amend § 171.1 by revising paragraph (g) to read as follows: ■ § 171.1 Applicability of Hazardous Materials Regulations (HMR) to persons and functions. * * * * * (g) Penalties for noncompliance. Each person who knowingly violates a requirement of the Federal hazardous material transportation law, an order issued under Federal hazardous material transportation law, subchapter A of this chapter, or a special permit or approval issued under subchapter A or C of this chapter is liable for a civil penalty of not more than $99,756 for each violation, except the maximum civil penalty is $232,762 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 $601 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 $266,015 for each violation for each day the violation continues, with a maximum administrative civil penalty not to exceed $2,660,135 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 $97,179, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section. E:\FR\FM\28DER1.SGM 28DER1 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations (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 $1,544, which may be in addition to other penalties to which such person may be subject under paragraph (a) of this section. * * * * * PART 209—RAILROAD SAFETY ENFORCEMENT PROCEDURES 24. The authority citation for part 209 continues to read as follows: ■ Authority: 49 U.S.C. 5123, 5124, 20103, 20107, 20111, 20112, 20114; 28 U.S.C. 2461 note; and 49 CFR 1.89. 25. Amend § 209.103 by revising paragraphs (a) and (c) to read as follows: ■ § 209.103 Minimum and maximum penalties. Appendix A to Part 209—Statement of Agency Policy Concerning Enforcement of the Federal Railroad Safety Laws * * * * * (a) A person who knowingly violates a requirement of the Federal hazardous materials transportation laws, an order issued thereunder, 49 CFR subchapter A or C of chapter I, subtitle B, 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 $99,756 for each violation, except that— (1) The maximum civil penalty for a violation is $232,762 if the violation results in death, serious illness, or severe injury to any person, or substantial destruction of property; and (2) A minimum $601 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 December 28, 2023. ■ 26. Amend § 209.105 by revising the last sentence of paragraph (c) to read as follows: Penalty Schedules; Assessment of Maximum Penalties § 209.105 * Notice of probable violation. * khammond on DSKJM1Z7X2PROD with RULES b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ 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: ■ * * * * * * * * Effective December 28, 2023, the minimum civil monetary penalty was raised from $1,052 to $1,086, the ordinary maximum civil monetary penalty was raised from $34,401 to $35,516, and the aggravated maximum civil monetary penalty was raised from $137,603 to $142,063. * * * For each regulation in this part or order, the schedule shows two amounts within the $1,086 to $35,516 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 $142,063 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. * * * * * * * * * * * (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 $99,756 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 $232,762. Appendix B to Part 209 [Amended] § 209.409 PART 213—TRACK SAFETY STANDARDS [Amended] 27. Amend § 209.409 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ ■ VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 29. Amend appendix B to part 209 as follows: ■ a. Remove the dollar amount ‘‘$96,624’’ everywhere it appears and add in its place ‘‘$99,756’’; ■ b. Remove the dollar amount ‘‘$225,455’’ everywhere it appears and add in its place ‘‘$232,762’’; and ■ c. Remove the dollar amount ‘‘$582’’ and add in its place ‘‘$601’’ in the first paragraph. ■ PO 00000 Frm 00023 Fmt 4700 Sfmt 4700 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 ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ PART 214—RAILROAD WORKPLACE SAFETY 32. The authority citation for part 214 continues 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. § 214.5 [Amended] 33. Amend § 214.5 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ ■ PART 215—RAILROAD FREIGHT CAR SAFETY STANDARDS 34. The authority citation for part 215 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 215.7 [Amended] 35. Amend § 215.7 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ ■ PART 216—SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT 36. The authority citation for part 216 continues to read as follows: ■ Authority: 49 U.S.C. 20102–20104, 20107, 20111, 20133, 20701–20702, 21301–21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 216.7 30. The authority citation for part 213 continues to read as follows: ■ 89561 [Amended] 37. Amend § 216.7 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ ■ E:\FR\FM\28DER1.SGM 28DER1 89562 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ 43. The authority citation for part 220 continues to read as follows: ■ Authority: 49 U.S.C. 20102–20103, 20103, note, 20107, 21301–21302, 20701–20703, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. PART 217—RAILROAD OPERATING RULES 37. The authority citation for part 217 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 217.5 [Amended] 38. Amend § 217.5 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ ■ § 220.7 44. Amend § 220.7 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ ■ PART 221—REAR END MARKING DEVICE—PASSENGER, COMMUTER AND FREIGHT TRAINS 45. The authority citation for part 221 continues to read as follows: ■ § 221.7 39. The authority citation for part 218 continues 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. [Amended] 40. Amend § 218.9 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ ■ PART 219—CONTROL OF ALCOHOL AND DRUG USE 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); Sec. 8102, Pub. L. 115–271, 132 Stat. 3894; and 49 CFR 1.89. [Amended] 42. Amend § 219.10 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. khammond on DSKJM1Z7X2PROD with RULES ■ ■ VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 [Amended] 46. Amend § 221.7 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ ■ [Amended] 50. Amend § 223.7 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ ■ PART 224—REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK 51. The authority citation for part 224 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 224.11 [Amended] 52. Amend § 224.11 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ PART 225—RAILROAD ACCIDENTS/ INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS 53. The authority citation for part 225 is continues to read as follows: ■ PART 222—USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901–20902, 21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. 47. The authority citation for part 222 continues to read as follows: § 225.29 ■ Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 222.11 41. The authority citation for part 219 continues to read as follows: ■ § 219.10 [Amended] Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89. PART 218—RAILROAD OPERATING PRACTICES § 218.9 § 223.7 PART 220—RAILROAD COMMUNICATIONS [Amended] 48. Amend § 222.11 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ ■ [Amended] 54. Amend § 225.29 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ ■ PART 227—OCCUPATIONAL NOISE EXPOSURE 55. The authority citation for part 227 continues to read as follows: ■ 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. 49. The authority citation for part 223 continues to read as follows: § 227.9 ■ Authority: 49 U.S.C. 20102–20103, 20133, 20701–20702, 21301–21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. PO 00000 Frm 00024 Fmt 4700 Sfmt 4700 [Amended] 56. Amend § 227.9 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ E:\FR\FM\28DER1.SGM 28DER1 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ 57. The authority citation for part 228 continues 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. § 228.6 [Amended] 58. Amend § 228.6 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ 59. 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 December 28, 2023, the minimum civil monetary penalty was raised from $1,052 to $1,086, the ordinary maximum civil monetary penalty was raised from $34,401 to $35,516, and the aggravated maximum civil monetary penalty was raised from $137,603 to $142,063. * * * * * PART 229—RAILROAD LOCOMOTIVE SAFETY STANDARDS 60. The authority citation for part 229 continues 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. khammond on DSKJM1Z7X2PROD with RULES § 229.7 [Amended] 61. Amend § 229.7 in paragraph (b) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. 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. PART 230—STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS § 234.6 ■ PART 228—PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS 89563 62. The authority citation for part 230 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 230.4 [Amended] 63. Amend § 230.4 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ [Amended] 69. Amend § 234.6 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ 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 70. The authority citation for part 235 continues to read as follows: ■ PART 231—RAILROAD SAFETY APPLIANCE STANDARDS Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461 note; and 49 CFR 1.89. 64. The authority citation for part 231 continues 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] 65. Amend § 231.0 in paragraph (f) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ PART 233—SIGNAL SYSTEMS REPORTING REQUIREMENTS 66. The authority citation for part 233 continues to read as follows: ■ Authority: 49 U.S.C. 504, 522, 20103, 20107, 20501–20505, 21301, 21302, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 233.11 [Amended] [Amended] 71. Amend § 235.9 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ ■ PART 236—RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF SIGNAL AND TRAIN CONTROL SYSTEMS, DEVICES, AND APPLIANCES 72. The authority citation for part 236 continues to read as follows: ■ Authority: 49 U.S.C. 20102–20103, 20107, 20133, 20141, 20157, 20301–20303, 20306, 20501–20505, 20701–20703, 21301–21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 236.0 [Amended] 67. Amend § 233.11 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. 73. Amend § 236.0 in paragraph (f) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. PART 234—GRADE CROSSING SAFETY PART 237—BRIDGE SAFETY STANDARDS 68. The authority citation for part 234 continues to read as follows: ■ ■ ■ ■ ■ PO 00000 Frm 00025 Fmt 4700 Sfmt 4700 74. The authority citation for part 237 continues to read as follows: E:\FR\FM\28DER1.SGM 28DER1 89564 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 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. § 237.7 [Amended] 75. Amend § 237.7 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ PART 238—PASSENGER EQUIPMENT SAFETY STANDARDS 76. The authority citation for part 238 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20133, 20141, 20302–20303, 20306, 20701–20702, 21301–21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 238.11 [Amended] 77. Amend § 238.11 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ PART 241—UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF UNITED STATES RAIL OPERATIONS 82. The authority citation for part 241 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 21301, 21304, 21311; 28 U.S.C. 2461 note; 49 CFR 1.89. § 241.15 [Amended] 83. Amend § 241.15 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ PART 242—QUALIFICATION AND CERTIFICATION OF CONDUCTORS 84. The authority citation for part 242 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20135, 20138, 20162, 20163, 21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. 78. The authority citation for part 239 continues to read as follows: § 242.11 Authority: 49 U.S.C. 20102–20103, 20105– 20114, 20133, 21301, 21304, and 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 239.11 [Amended] 79. Amend § 239.11 as follows: a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ ■ PART 243—TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED RAILROAD EMPLOYEES ■ 80. The authority citation for part 240 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20131– 20155, 20162, 20301–20306, 20701–20702, 21301–21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. 86. The authority citation for part 243 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20135, 21301, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 243.7 [Amended] 87. Amend § 243.7 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ § 240.11 [Amended] 81. Amend § 240.11 in paragraph (a) as follows: ■ VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 PO 00000 Frm 00026 Fmt 4700 PART 244—REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL 88. The authority citation for part 244 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 21301; 5 U.S.C. 553 and 559; 28 U.S.C. 2461 note; and 49 CFR 1.89. § 244.5 [Amended] 89. Amend § 244.5 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. PART 272—CRITICAL INCIDENT STRESS PLANS 90. The authority citation for part 272 continues to read as follows: ■ Authority: 49 U.S.C. 20103, 20107, 20109 note; 28 U.S.C. 2461 note; and 4 CFR 1.89. § 272.11 [Amended] 91. Amend § 272.11 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ [Amended] 85. Amend § 242.11 in paragraph (a) as follows: ■ a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ PART 240—QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063’’. ■ ■ PART 239—PASSENGER TRAIN EMERGENCY PREPAREDNESS ■ khammond on DSKJM1Z7X2PROD with RULES a. Remove the dollar amount ‘‘$1,052’’ and add in its place ‘‘$1,086’’; ■ b. Remove the dollar amount ‘‘$34,401’’ and add in its place ‘‘$35,516’’; and ■ c. Remove the dollar amount ‘‘$137,603’’ and add in its place ‘‘$142,063. ■ Sfmt 4700 PART 386—RULES OF PRACTICE FOR FMCSA PROCEEDINGS 92. 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. 93. Amend appendix A to part 386 by revising 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 * E:\FR\FM\28DER1.SGM * * 28DER1 * * Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations II. Subpoena Violation—Failure to respond to Agency subpoena to appear and testify or produce records. Penalty—minimum of $1,330 but not more than $13,300 per violation. * * * * * IV. Out-of-Service Order j. Violation—Operation of a commercial vehicle by a driver during the period the driver was placed out of service. Penalty—Up to $2,304 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 $23,048 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—$2,304 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 $23,048 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 $1,152 per violation. khammond on DSKJM1Z7X2PROD with RULES * * * * * 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 $33,252 per day the operation continues after the effective date and time of the order to cease. h. Violation—Operating in violation of an order issued under § 386.73. Penalty—Up to $29,221 per day the operation continues after the effective date and time of the out-of-service order. j. Violation—Conducting operations during a period of suspension under § 386.83 or § 386.84 for failure to pay penalties. Penalty—Up to $18,758 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 VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 § 385.911, § 385.913, § 385.1009, or § 385.1011 of this subchapter. Penalty—Up to $29,221 for each day that operations are conducted during the suspension or revocation period. 89565 Appendix B to Part 386—Penalty Schedule: Violations and Monetary Penalties $3,861 for a first conviction and not less than $7,723 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 $6,974 or more than $38,612; 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 $20,017. * * 94. Amend appendix B to part 386 by revising 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: ■ * * * * 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 $1,544 for each day the violation continues, up to $15,445. (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 $15,445 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 $18,758 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 $4,690. (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 $3,861 for a first conviction and not less than $7,723 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 $6,974; 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 PO 00000 Frm 00027 Fmt 4700 Sfmt 4700 * * * * (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 $20,579. 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 $99,756 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 $601 and not more than $99,756 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 $99,756 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 $99,756. (5) If any violation subject to the civil penalties set out in paragraphs (e)(1) through (4) of this appendix results in death, serious E:\FR\FM\28DER1.SGM 28DER1 khammond on DSKJM1Z7X2PROD with RULES 89566 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations illness, or severe injury to any person or in substantial destruction of property, the civil penalty may be increased to not more than $232,762 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 $33,252 (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 $99,756 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 $232,762 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 $13,300 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 $13,300 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 $33,252 per violation. (4) A person who operates as a foreign motor carrier or foreign motor private carrier of property in violation of the provisions of 49 U.S.C. 13902(c) is liable for a minimum penalty of $13,300 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 $18,291 for an intentional violation and a maximum penalty of $45,730 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 $26,602 and a maximum penalty of $53,203 per violation. (7) A motor carrier or freight forwarder of household goods, or their receiver or trustee, VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 that does not comply with any regulation relating to the protection of individual shippers, is liable for a minimum penalty of $2,000 per violation. (8) A person as described under paragraph (i) or (ii) is liable for a minimum penalty of $4,005 for the first violation and $10,009 for each subsequent violation— (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. * * * * * (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 $200,174 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 $400 for the first violation and $500 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 $1,002 for the first violation and up to $4,005 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 $1,002 for the first violation and up to $4,005 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 $20,017 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 $1,330 and for a maximum penalty of $10,009 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 PO 00000 Frm 00028 Fmt 4700 Sfmt 4700 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 $4,005. (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 $1,002 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 $20,017 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 $15,445 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 $38,612 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 $1,544 for each E:\FR\FM\28DER1.SGM 28DER1 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 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 $15,445. (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 $2,661 but not more than $6,650 for the first violation and at least $3,323 but not more than $9,965 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 $2,661 for the first violation or at least $6,650 for a subsequent violation. PART 578—CIVIL AND CRIMINAL PENALTIES 95. 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. 96. Amend § 578.6 by revising paragraphs (a)(1), (a)(2)(i)(B), (a)(3) and (4), (b) through (g), (h)(1), (h)(2) introductory text, (h)(3), and (i) to read as follows: ■ khammond on DSKJM1Z7X2PROD with RULES § 578.6 Civil penalties for violations of specified provisions of Title 49 of the United States Code. (a) * * * (1) In general. A person who violates any of sections 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through 30147 of Title 49 of the United States Code or a regulation in this chapter prescribed under any of those sections is liable to the United States Government for a civil penalty of not more than $27,168 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 $135,828,178. (2) * * * (i) * * * (B) Violates section 30112(a)(2) of Title 49 United States Code, shall be subject to a civil penalty of not more VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 than $15,445 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 $23,167,823. (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 $27,168 per violation per day. The maximum penalty under this paragraph (a)(3) for a related series of daily violations is $135,828,178. (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 $6,650 per day. The maximum penalty under this paragraph (a)(4) for a related series of daily violations is $1,330,069. (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 $2,168 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 $3,558 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 $3,961,763. (d) Consumer information—(1) Crashworthiness and damage susceptibility. A person who violates 49 U.S.C. 32308(a), regarding crashworthiness and damage susceptibility, is liable to the United States Government for a civil penalty of not more than $3,558 for each violation. Each failure to provide information or PO 00000 Frm 00029 Fmt 4700 Sfmt 4700 89567 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 $1,940,403. (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 $73,628 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 $2,168 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 $13,300 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 $1,330,069. (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 $13,300, 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 $2,922 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 $730,455. (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 $216,972 a day for each violation. (h) Automobile fuel economy. (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 $51,139 for each violation. A separate violation occurs for each day the violation continues. E:\FR\FM\28DER1.SGM 28DER1 89568 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations (2) Except as provided in 49 U.S.C. 32912(c), a manufacturer that violates a standard prescribed for a model year under 49 U.S.C. 32902 is liable to the United States Government for a civil penalty of $17 (for model years before model year 2019, the civil penalty is $5.50; for model years 2019 through 2021, the civil penalty is $14; for model year 2022, the civil penalty is $15; for model year 2023, the civil penalty is $16), multiplied by each .1 of a mile a gallon by which the applicable average fuel economy standard under that section exceeds the average fuel economy— * * * * * (3) If a higher amount for each .1 of a mile a gallon to be used in calculating a civil penalty under paragraph (h)(2) of this section is prescribed pursuant to the process provided in 49 U.S.C. 32912(c), the amount prescribed may not be more than $32 for each .1 of a mile a gallon. (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 $50,360 per vehicle or engine. The maximum civil penalty for a related series of violations shall be determined by multiplying $50,360 times the vehicle or engine production volume for the model year in question within the regulatory averaging set. Signed in Washington, DC, on December 15, 2023. Peter Paul Montgomery Buttigieg, Secretary of Transportation. [FR Doc. 2023–28066 Filed 12–27–23; 8:45 am] BILLING CODE 4910–57–P DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 39 [Docket No. FAA–2023–2396; Project Identifier MCAI–2023–01147–R; Amendment 39–22641; AD 2023–25–14] RIN 2120–AA64 Airworthiness Directives; Airbus Helicopters Federal Aviation Administration (FAA), DOT. ACTION: Final rule; request for comments. khammond on DSKJM1Z7X2PROD with RULES AGENCY: The FAA is superseding Airworthiness Directive (AD) 2022–27– 09, which applied to certain Airbus Helicopters Model EC130T2 helicopters. AD 2022–27–09 required repetitively SUMMARY: VerDate Sep<11>2014 19:28 Dec 27, 2023 Jkt 262001 inspecting the vibration level on the tail rotor drive shaft and, depending on the results, taking corrective action. AD 2022–27–09 also required reporting information and prohibited installing certain rotor drive shafts unless the inspection was done. Since the FAA issued AD 2022–27–09, Airbus Helicopters revised its service information to update the procedures for inspecting that vibration level, reduce an allowable vibration level, and clarify when a balance correction may be accomplished. This AD was prompted by the determination that a certain vibration measurement tool was providing unexpected results and therefore the threshold must be revised. This AD continues to require certain actions in AD 2022–27–09 and also revises the procedures for inspecting the vibration level on the tail rotor drive shaft and depending on these results, requires replacing certain parts, as specified in a European Union Aviation Safety Agency (EASA) AD, which is incorporated by reference. The FAA is issuing this AD to address the unsafe condition on these products. DATES: This AD is effective January 12, 2024. The Director of the Federal Register approved the incorporation by reference of a certain publication listed in this AD as of December 28, 2023. The FAA must receive comments on this AD by February 12, 2024. ADDRESSES: You may send comments, using the procedures found in 14 CFR 11.43 and 11.45, by any of the following methods: • Federal eRulemaking Portal: Go to regulations.gov. Follow the instructions for submitting comments. • Fax: (202) 493–2251. • Mail: U.S. Department of Transportation, Docket Operations, M– 30, West Building Ground Floor, Room W12–140, 1200 New Jersey Avenue SE, Washington, DC 20590. • Hand Delivery: Deliver to Mail address above between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. Material Incorporated by Reference: • For EASA material identified in this final rule, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, Germany; telephone +49 221 8999 000; email ADs@easa.europa.eu; You may find this material on the website ad.easa.europa.eu. • You may view this material at the FAA, Office of the Regional Counsel, Southwest Region, 10101 Hillwood Parkway, Room 6N–321, Fort Worth, TX 76177. For information on the availability of this material at the FAA, call (817) 222 5110. PO 00000 Frm 00030 Fmt 4700 Sfmt 4700 Other Related Service Information: • For Airbus Helicopters service information identified in this final rule, contact Airbus Helicopters, 2701 North Forum Drive, Grand Prairie, TX 75052; phone (972) 641–0000 or (800) 232– 0323; fax (972) 641–3775; or at airbus.com/en/products-services/ helicopters/hcare-services/airbusworld. You may also view this service information at the FAA contact information under Material Incorporated by Reference above. Examining the AD Docket You may examine the AD docket at regulations.gov by searching for and locating Docket No. FAA–2023–2396; or in person at Docket Operations between 9 a.m. and 5 p.m., Monday through Friday, except Federal holidays. The AD docket contains this final rule, the EASA AD, any comments received, and other information. The street address for Docket Operations is listed above. Comments will be available in the AD docket shortly after receipt. FOR FURTHER INFORMATION CONTACT: Dan McCully, Aviation Safety Engineer, FAA, 1600 Stewart Ave., Suite 410, Westbury, NY 11590; telephone (404) 474–5548; email william.mccully@ faa.gov. SUPPLEMENTARY INFORMATION: Comments Invited The FAA invites you to send any written data, views, or arguments about this final rule. Send your comments to an address listed under ADDRESSES. Include ‘‘Docket No. FAA–2023–2396; Project Identifier MCAI–2023–01147–R’’ at the beginning of your comments. The most helpful comments reference a specific portion of the final rule, explain the reason for any recommended change, and include supporting data. The FAA will consider all comments received by the closing date and may amend this final rule because of those comments. Except for Confidential Business Information (CBI) as described in the following paragraph, and other information as described in 14 CFR 11.35, the FAA will post all comments received, without change, to regulations.gov, including any personal information you provide. The agency will also post a report summarizing each substantive verbal contact received about this final rule. Confidential Business Information CBI is commercial or financial information that is both customarily and actually treated as private by its owner. Under the Freedom of Information Act E:\FR\FM\28DER1.SGM 28DER1

Agencies

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

[Federal Register Volume 88, Number 248 (Thursday, December 28, 2023)]
[Rules and Regulations]
[Pages 89551-89568]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-28066]



[[Page 89551]]

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

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-AF16


Revisions to Civil Penalty Amounts, 2024

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

ACTION: Final rule.

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

SUMMARY: This final rule provides the statutorily prescribed 2024 
adjustment to civil penalty amounts that may be imposed for violations 
of certain DOT regulations.

DATES: This rule is effective December 28, 2023.

FOR FURTHER INFORMATION CONTACT: Elizabeth Kohl, Attorney-Advisor, 
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.
    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\ OMB released this required guidance 
in OMB Memorandum M-24-07, available at https://www.whitehouse.gov/omb/information-for-agencies/memoranda/, which provides instructions on how 
to calculate the 2024 annual adjustment. To derive the 2024 adjustment, 
the Department must multiply the maximum or minimum penalty amount by 
the percent change between the October 2023 Consumer Price Index for 
All Urban Consumers (CPI-U) and the October 2022 CPI-U. In this case, 
as explained in OMB Memorandum M-24-07 the percent change between the 
October 2023 CPI-U and the October 2022 CPI-U is 1.03241.\2\
---------------------------------------------------------------------------

    \1\ 28 U.S.C. 2461 note.
    \2\ Agencies may calculate the percent change using the CPI-U 
numbers, which are typically issued in November each year, and 
confirm their calculations upon issuance of the annual OMB guidance.
---------------------------------------------------------------------------

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. 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) 2024 Adjustments

    OST's 2024 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                    New penalty
                                                                                     Existing        (existing
             Description                                Citation                      penalty        penalty x
                                                                                                     1.03241)
----------------------------------------------------------------------------------------------------------------
General civil penalty for violations   49 U.S.C. 46301(a)(1)....................         $40,272         $41,577
 of certain aviation economic
 regulations and statutes.
General civil penalty for violations   49 U.S.C. 46301(a)(1)....................           1,771           1,828
 of certain aviation economic
 regulations and statutes involving
 an individual or small business
 concern.

[[Page 89552]]

 
Civil penalties for individuals or     49 U.S.C. 46301(a)(5)(A).................          16,108          16,630
 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     49 U.S.C. 46301(a)(5)(C).................           8,054           8,315
 small businesses for violations of
 49 U.S.C. 41719 and rules and orders
 issued pursuant to that provision.
Civil penalties for individuals or     49 U.S.C. 46301(a)(5)(D).................           4,028           4,159
 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) 2024 Adjustments

    FAA's 2024 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                    New penalty
                                                                                     Existing        (existing
             Description                                Citation                      penalty        penalty x
                                                                                                     1.03241)
----------------------------------------------------------------------------------------------------------------
Violation of hazardous materials       49 U.S.C. 5123(a)(1).....................         $96,624         $99,756
 transportation law.
Violation of hazardous materials       49 U.S.C. 5123(a)(2).....................         225,455         232,762
 transportation law resulting in
 death, serious illness, severe
 injury, or substantial property
 destruction.
Minimum penalty for violation of       49 U.S.C. 5123(a)(3).....................             582             601
 hazardous materials transportation
 law relating to training.
Maximum penalty for violation of       49 U.S.C. 5123(a)(3).....................          96,624          99,756
 hazardous materials transportation
 law relating to training.
Knowing presentation of a              49 U.S.C. 44704(d)(3)(B).................       1,144,489       1,181,582
 nonconforming aircraft for issuance
 of an initial airworthiness
 certificate by a production
 certificate holder.
Knowing failure by an applicant for    49 U.S.C. 44704(e)(4)(A).................       1,144,489       1,181,582
 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
 contrary to 49 U.S.C. 44704(e)(1)-
 (3).
Operation of an unmanned aircraft or   49 U.S.C. 44802 note.....................          29,462          30,417
 unmanned aircraft system equipped or
 armed with a dangerous weapon.
Violation by a person other than an    49 U.S.C. 46301(a)(1)....................          40,272          41,577
 individual or small business concern
 under 49 U.S.C. 46301(a)(1)(A) or
 (B).
Violation by an airman serving as an   49 U.S.C. 46301(a)(1)....................           1,771           1,828
 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    49 U.S.C. 46301(a)(1)....................           1,771           1,828
 business concern under 49 U.S.C.
 46301(a)(1)(A) or (B) (but not
 covered in 49 U.S.C. 46301(a)(5)).
Violation by an individual or small    49 U.S.C. 46301(a)(5)(A).................          16,108          16,630
 business concern (except an airman
 serving as an airman) under 49
 U.S.C. 46301(a)(5)(A)(i) or (ii).
Violation by an individual or small    49 U.S.C. 46301(a)(5)(B)(i)..............          16,108          16,630
 business concern related to the
 transportation of hazardous
 materials.
Violation by an individual or small    49 U.S.C. 46301(a)(5)(B)(ii).............          16,108          16,630
 business concern related to the
 registration or recordation under 49
 U.S.C. chapter 441, of an aircraft
 not used to provide air
 transportation.
Violation by an individual or small    49 U.S.C. 46301(a)(5)(B)(iii)............          16,108          16,630
 business concern of 49 U.S.C.
 44718(d), relating to limitation on
 construction or establishment of
 landfills.
Violation by an individual or small    49 U.S.C. 46301(a)(5)(B)(iv).............          16,108          16,630
 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      49 U.S.C. 46301 note.....................          30,820          31,819
 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..  49 U.S.C. 46301(b).......................           5,171           5,339
Knowingly providing false information  49 U.S.C. 46302..........................          28,085          28,995
 about alleged violation involving
 the special aircraft jurisdiction of
 the United States.
Physical or sexual assault or threat   49 U.S.C. 46318..........................          42,287          43,658
 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        49 U.S.C. 46319..........................          16,108          16,630
 without providing sufficient notice.
Operating an unmanned aircraft and in  49 U.S.C. 46320..........................          24,656          25,455
 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  51 U.S.C. 50917(c).......................         283,009         292,181
 regulation issued under these
 statutes, or any term or condition
 of a license or permit issued or
 transferred under these statutes.
----------------------------------------------------------------------------------------------------------------


C. National Highway Traffic Safety Administration (NHTSA) 2024 
Adjustments

    NHTSA's 2024 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                    New penalty
                                                                                     Existing        (existing
             Description                                Citation                      penalty        penalty x
                                                                                                     1.03241)
----------------------------------------------------------------------------------------------------------------
Maximum penalty amount for each        49 U.S.C. 30165(a)(1), 30165(a)(3).......         $26,315         $27,168
 violation of: 49 U.S.C. 30112,
 30115, 30117-30122, 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   49 U.S.C. 30165(a)(1), 30165(a)(3).......     131,564,183     135,828,178
 series of violations of: 49 U.S.C.
 30112, 30115, 30117-30122, 30123(a),
 30125(c), 30127, 30141- 30147, 30166
 or 31137, or a regulation prescribed
 under any of these sections.
Maximum penalty per school bus         49 U.S.C. 30165(a)(2)(A).................          14,960          15,445
 related violation of 49 U.S.C.
 30112(a)(1) or 30112(a)(2).
Maximum penalty amount for a series    49 U.S.C. 30165(a)(2)(B).................      22,440,526      23,167,823
 of school bus related violations of
 49 U.S.C. 30112(a)(1) or 30112(a)(2).

[[Page 89553]]

 
Maximum penalty per violation for      49 U.S.C. 30165(a)(4)....................           6,441           6,650
 filing false or misleading reports.
Maximum penalty amount for a series    49 U.S.C. 30165(a)(4)....................       1,288,315       1,330,069
 of violations related to filing
 false or misleading reports.
Maximum penalty amount for each        49 U.S.C. 30505..........................           2,100           2,168
 violation of the reporting
 requirements related to maintaining
 the National Motor Vehicle Title
 Information System.
Maximum penalty amount for each        49 U.S.C. 32507(a).......................           3,446           3,558
 violation of a bumper standard under
 49 U.S.C. 32506.
Maximum penalty amount for a series    49 U.S.C. 32507(a).......................       3,837,393       3,961,763
 of violations of a bumper standard
 under 49 U.S.C. 32506.
Maximum penalty amount for each        49 U.S.C. 32308(b).......................           3,446           3,558
 violation of 49 U.S.C. 32308(a)
 related to providing information on
 crashworthiness and damage
 susceptibility.
Maximum penalty amount for a series    49 U.S.C. 32308(b).......................       1,879,489      1, 940,403
 of violations of 49 U.S.C. 32308(a)
 related to providing information on
 crashworthiness and damage
 susceptibility.
Maximum penalty for each violation     49 U.S.C. 32308(c).......................          71,317          73,628
 related to the tire fuel efficiency
 information program.
Maximum civil penalty for willfully    49 U.S.C. 32309..........................           2,100           2,168
 failing to affix, or failing to
 maintain, the label required in 49
 U.S.C. 32304.
Maximum penalty amount per violation   49 U.S.C. 32709..........................          12,882          13,300
 related to odometer tampering and
 disclosure.
Maximum penalty amount for a related   49 U.S.C. 32709..........................       1,288,315       1,330,069
 series of violations related to
 odometer tampering and disclosure.
Maximum penalty amount per violation   49 U.S.C. 32710..........................          12,882          13,300
 related to odometer tampering and
 disclosure with intent to defraud.
Maximum penalty amount for each        49 U.S.C. 33115(a).......................           2,830           2,922
 violation of 49 U.S.C. 33114(a)(1)-
 (4).
Maximum penalty amount for a related   49 U.S.C. 33115(a).......................         707,524         730,455
 series of violations of 49 U.S.C.
 33114(a)(1)-(4).
Maximum civil penalty for violations   49 U.S.C. 33115(b).......................         210,161         216,972
 of 49 U.S.C. 33114(a)(5).
Maximum civil penalty for violations   49 U.S.C 32912(a)........................          49,534          51,139
 under 49 U.S.C. 32911(a) related to
 automobile fuel economy.
Civil penalty factor for violations    49 U.S.C. 32912(b).......................              16              17
 of fuel economy standards prescribed
 for a model year under 49 U.S.C.
 32902 \3\.
Maximum civil penalty factor that may  49 U.S.C. 32912(c)(1)(B).................              31              32
 be prescribed for fuel economy
 standards under 49 U.S.C.
 32912(c)(1)(A).
Maximum civil penalty for a violation  49 U.S.C. 32902..........................          48,779          50,360
 under the medium- and heavy-duty
 vehicle fuel efficiency program.
----------------------------------------------------------------------------------------------------------------
\3\ For model years before model year 2019, the civil penalty is $5.50; for model years 2019 through 2021, the
  civil penalty is $14; for model year 2022, the civil penalty is $15; for model year 2023, the civil penalty is
  $16; for model year 2024, the civil penalty is $17.

D. Federal Motor Carrier Safety Administration (FMCSA) 2024 Adjustments

    FMCSA's civil penalties affected by this rule are all located in 
appendices A and B to 49 CFR part 386. The 2024 adjustments to these 
civil penalties are summarized in the chart below. Note that the civil 
penalties for violations of Appendix A IV (h) and (j) were incorrectly 
stated in the regulatory text of the 2023 update as $31,536 rather than 
$28,304 (88 FR 1114, 1130; Jan. 6, 2023), though these penalties were 
correctly stated in the preamble as updated from $26,269 as $28,304 
(Id. at 1117). These errors have been corrected in this 2024 update. In 
addition, the civil penalties for violations of Appendix B (i)(1) and 
(2) were incorrectly stated in the regulatory text of the 2023 update 
as $6,247 rather than $6,441 (Id. at 1131), though these penalties were 
correctly stated in the preamble as updated from $5,978 to $6,441 (Id. 
at 1119). These errors have also been corrected in this 2024 update.

----------------------------------------------------------------------------------------------------------------
                                                                                                    New penalty
                                                                                     Existing        (existing
             Description                                Citation                      penalty        penalty x
                                                                                                     1.03241)
----------------------------------------------------------------------------------------------------------------
Appendix A II Subpoena...............  49 U.S.C. 525............................          $1,288          $1,330
Appendix A II Subpoena...............  49 U.S.C. 525............................          12,882          13,300
Appendix A IV (a) Out-of-service       49 U.S.C. 521(b)(7)......................           2,232           2,304
 order (operation of commercial motor
 vehicle (CMV) by driver).
Appendix A IV (b) Out-of-service       49 U.S.C. 521(b)(7)......................          22,324          23,048
 order (requiring or permitting
 operation of CMV by driver).
Appendix A IV (c) Out-of-service       49 U.S.C. 521(b)(7)......................           2,232           2,304
 order (operation by driver of CMV or
 intermodal equipment that was placed
 out of service).
Appendix A IV (d) Out-of-service       49 U.S.C. 521(b)(7)......................          22,324          23,048
 order (requiring or permitting
 operation of CMV or intermodal
 equipment that was placed out of
 service).
Appendix A IV (e) Out-of-service       49 U.S.C. 521(b)(2)(B)...................           1,116           1,152
 order (failure to return written
 certification of correction).
Appendix A IV (g) Out-of-service       49 U.S.C. 521(b)(2)(F)...................          32,208          33,252
 order (failure to cease operations
 as ordered).
Appendix A IV (h) Out-of-service       49 U.S.C. 521(b)(7)......................          28,304          29,221
 order (operating in violation of
 order).
Appendix A IV (i) Out-of-service       49 U.S.C. 521(b)(2)(A) and (b)(7)........          18,170          18,759
 order (conducting operations during
 suspension or revocation for failure
 to pay penalties).
Appendix A IV (j) (conducting          49 U.S.C. 521(b)(7)......................          28,304          29,221
 operations during suspension or
 revocation).
Appendix B (a)(1) Recordkeeping--      49 U.S.C. 521(b)(2)(B)(i)................           1,496           1,544
 maximum penalty per day.
Appendix B (a)(1) Recordkeeping--      49 U.S.C. 521(b)(2)(B)(i)................          14,960          15,445
 maximum total penalty.
Appendix B (a)(2) Knowing              49 U.S.C. 521(b)(2)(B)(ii)...............          14,960          15,445
 falsification of records.
Appendix B (a)(3) Non-recordkeeping    49 U.S.C. 521(b)(2)(A)...................          18,170          18,759
 violations.
Appendix B (a)(4) Non-recordkeeping    49 U.S.C. 521(b)(2)(A)...................           4,543           4,690
 violations by drivers.
Appendix B (a)(5) Violation of 49 CFR  49 U.S.C. 31310(i)(2)(A).................           3,740           3,861
 392.5 (first conviction).
Appendix B (a)(5) Violation of 49 CFR  49 U.S.C. 31310(i)(2)(A).................           7,481           7,723
 392.5 (second or subsequent
 conviction).
Appendix B (b) Commercial driver's     49 U.S.C. 521(b)(2)(C)...................           6,755           6,974
 license (CDL) violations.
Appendix B (b)(1): Special penalties   49 U.S.C. 31310(i)(2)(A).................           3,740           3,861
 pertaining to violation of out-of-
 service orders (first conviction).
Appendix B (b)(1) Special penalties    49 U.S.C. 31310(i)(2)(A).................           7,481           7,723
 pertaining to violation of out-of-
 service orders (second or subsequent
 conviction).
Appendix B (b)(2) Employer violations  49 U.S.C. 521(b)(2)(C)...................           6,755           6,974
 pertaining to knowingly allowing,
 authorizing employee violations of
 out-of-service order (minimum
 penalty).
Appendix B (b)(2) Employer violations  49 U.S.C. 31310(i)(2)(C).................          37,400          38,612
 pertaining to knowingly allowing,
 authorizing employee violations of
 out-of-service order (maximum
 penalty).

[[Page 89554]]

 
Appendix B (b)(3) Special penalties    49 U.S.C. 31310(j)(2)(B).................          19,389          20,017
 pertaining to railroad-highway grade
 crossing violations.
Appendix B (d) Financial               49 U.S.C. 31138(d)(1), 31139(g)(1).......          19,933          20,579
 responsibility violations.
Appendix B (e)(1) Violations of        49 U.S.C. 5123(a)(1).....................          96,624          99,756
 Hazardous Materials Regulations
 (HMRs) and Safety Permitting
 Regulations (transportation or
 shipment of hazardous materials).
Appendix B (e)(2) Violations of        49 U.S.C. 5123(a)(3).....................             582             601
 Hazardous Materials Regulations
 (HMRs) and Safety Permitting
 Regulations (training)--minimum
 penalty.
Appendix B (e)(2): Violations of       49 U.S.C. 5123(a)(1).....................          96,624          99,756
 Hazardous Materials Regulations
 (HMRs) and Safety Permitting
 Regulations (training)--maximum
 penalty.
Appendix B (e)(3) Violations of        49 U.S.C. 5123(a)(1).....................          96,624          99,756
 Hazardous Materials Regulations
 (HMRs) and Safety Permitting
 Regulations (packaging or container).
Appendix B (e)(4): Violations of       49 U.S.C. 5123(a)(1).....................          96,624          99,756
 Hazardous Materials Regulations
 (HMRs) and Safety Permitting
 Regulations (compliance with FMCSRs).
Appendix B (e)(5) Violations of        49 U.S.C. 5123(a)(2).....................         225,455         232,762
 Hazardous Materials Regulations
 (HMRs) and Safety Permitting
 Regulations (death, serious illness,
 severe injury to persons;
 destruction of property).
Appendix B (f)(1) Operating after      49 U.S.C. 521(b)(2)(F)...................          32,208          33,252
 being declared unfit by assignment
 of a final ``unsatisfactory'' safety
 rating (generally).
Appendix B (f)(2) Operating after      49 U.S.C. 5123(a)(1).....................          96,624          99,756
 being declared unfit by assignment
 of a final ``unsatisfactory'' safety
 rating (hazardous materials)--
 maximum penalty.
Appendix B (f)(2): Operating after     49 U.S.C. 5123(a)(2).....................         225,455         232,762
 being declared unfit by assignment
 of a final ``unsatisfactory'' safety
 rating (hazardous materials)--
 maximum penalty if death, serious
 illness, severe injury to persons;
 destruction of property.
Appendix B (g)(1): Violations of the   49 U.S.C. 14901(a).......................          12,882          13,300
 commercial regulations (CRs)
 (property carriers).
Appendix B (g)(2) Violations of the    49 U.S.C. 14916(c).......................          12,882          13,300
 CRs (brokers).
Appendix B (g)(3) Violations of the    49 U.S.C. 14901(a).......................          32,208          33,252
 CRs (passenger carriers).
Appendix B (g)(4) Violations of the    49 U.S.C. 14901(a).......................          12,882          13,300
 CRs (foreign motor carriers, foreign
 motor private carriers).
Appendix B (g)(5) Violations of the    49 U.S.C. 14901 note.....................          17,717          18,291
 operating authority requirement
 (foreign motor carriers, foreign
 motor private carriers)--maximum
 penalty for intentional violation.
Appendix B (g)(5) Violations of the    49 U.S.C. 14901 note.....................          44,294          45,730
 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    49 U.S.C. 14901(b).......................          25,767          26,602
 CRs (motor carrier or broker for
 transportation of hazardous wastes)--
 minimum penalty.
Appendix B (g)(6) Violations of the    49 U.S.C. 14901(b).......................          51,533          53,203
 CRs (motor carrier or broker for
 transportation of hazardous wastes)--
 maximum penalty.
Appendix B (g)(7): Violations of the   I49 U.S.C. 14901(d)(1)...................           1,937           2,000
 CRs (household goods (HHG) carrier
 or freight forwarder, or their
 receiver or trustee).
Appendix B (g)(8) Violation of the     49 U.S.C. 14901(e).......................           3,879           4,005
 CRs (weight of HHG shipment,
 charging for services)--minimum
 penalty for first violation.
Appendix B (g)(8) Violation of the     49 U.S.C. 14901(e).......................           9,695          10,009
 CRs (weight of HHG shipment,
 charging for services)--minimum
 penalty for subsequent violation.
Appendix B (g)(10) Tariff violations.  49 U.S.C. 13702, 14903...................         193,890         200,174
Appendix B (g)(11) Additional tariff   49 U.S.C. 14904(a).......................             387             400
 violations (rebates or concessions)--
 first violation.
Appendix B (g)(11) Additional tariff   49 U.S.C. 14904(a).......................             484             500
 violations (rebates or concessions)--
 subsequent violations.
Appendix B (g)(12): Tariff violations  49 U.S.C. 14904(b)(1)....................             971           1,002
 (freight forwarders)--maximum
 penalty for first violation.
Appendix B (g)(12): Tariff violations  49 U.S.C. 14904(b)(1)....................           3,879           4,005
 (freight forwarders)--maximum
 penalty for subsequent violations.
Appendix B (g)(13): service from       49 U.S.C. 14904(b)(2)....................             971           1,002
 freight forwarder at less than rate
 in effect--maximum penalty for first
 violation.
Appendix B (g)(13): service from       49 U.S.C. 14904(b)(2)....................           3,879           4,005
 freight forwarder at less than rate
 in effect--maximum penalty for
 subsequent violation(s).
Appendix B (g)(14): Violations         49 U.S.C. 14905..........................          19,389          20,017
 related to loading and unloading
 motor vehicles.
Appendix B (g)(16): Reporting and      49 U.S.C. 14901..........................           1,288           1,330
 recordkeeping under 49 U.S.C.
 subtitle IV, part B (except 13901
 and 13902(c))--minimum penalty.
Appendix B (g)(16): Reporting and      49 U.S.C. 14907..........................           9,695          10,009
 recordkeeping under 49 U.S.C.
 subtitle IV, part B--maximum penalty.
Appendix B (g)(17): Unauthorized       49 U.S.C. 14908..........................           3,879           4,005
 disclosure of information.
Appendix B (g)(18): Violation of 49    49 U.S.C. 14910..........................             971           1,002
 U.S.C. subtitle IV, part B, or
 condition of registration.
Appendix B (g)(21)(i): Knowingly and   49 U.S.C. 14915..........................          19,389          20,017
 willfully fails to deliver or unload
 HHG at destination.
Appendix B (g)(22): HHG broker         49 U.S.C. 14901(d)(2)....................          14,960          15,445
 estimate before entering into an
 agreement with a motor carrier.
Appendix B (g)(23): HHG                49 U.S.C. 14901 (d)(3)...................          37,400          38,612
 transportation or broker services--
 registration requirement.
Appendix B (h): Copying of records     49 U.S.C. 521(b)(2)(E)...................           1,496           1,544
 and access to equipment, lands, and
 buildings--maximum penalty per day.
Appendix B (h): Copying of records     49 U.S.C. 521(b)(2)(E)...................          14,960          15,445
 and access to equipment, lands, and
 buildings--maximum total penalty.
Appendix B (i)(1): Evasion of          49 U.S.C. 524............................           2,577           2,661
 regulations under 49 U.S.C. ch. 5,
 51, subchapter III of ch. 311
 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or
 31502--minimum penalty for first
 violation.
Appendix B (i)(1): Evasion of          49 U.S.C. 524............................           6,441           6,650
 regulations under 49 U.S.C. ch. 5,
 51, subchapter III of ch. 311
 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or
 31502--maximum penalty for first
 violation.
Appendix B (i)(1): Evasion of          49 U.S.C. 524............................           3,219           3,323
 regulations under 49 U.S.C. ch. 5,
 51, subchapter III of ch. 311
 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or
 31502--minimum penalty for
 subsequent violation(s).
Appendix B (i)(1): Evasion of          49 U.S.C. 524............................           9,652           9,965
 regulations under 49 U.S.C. ch. 5,
 51, subchapter III of ch. 311
 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or
 31502--maximum penalty for
 subsequent violation(s).
Appendix B (i)(2): Evasion of          49 U.S.C. 14906..........................           2,577           2,661
 regulations under 49 U.S.C. subtitle
 IV, part B--minimum penalty for
 first violation.
Appendix B (i)(2): Evasion of          49 U.S.C. 14906..........................           6,441           6,650
 regulations under 49 U.S.C. subtitle
 IV, part B--minimum penalty for
 subsequent violation(s).
----------------------------------------------------------------------------------------------------------------


[[Page 89555]]

E. Federal Railroad Administration (FRA) 2024 Adjustments

    FRA's 2024 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                                                                                    Existing        (existing
             Description                               Citation                      penalty        penalty x
                                                                                                     1.03241)
----------------------------------------------------------------------------------------------------------------
Minimum rail safety penalty.........  49 U.S.C. ch. 213........................          $1,052           $1,086
Ordinary maximum rail safety penalty  49 U.S.C. ch. 213........................          34,401           35,516
Maximum penalty for an aggravated     49 U.S.C. ch. 213........................         137,603          142,063
 rail safety violation.
Minimum penalty for hazardous         49 U.S.C. 5123...........................             582              601
 materials training violations.
Maximum penalty for ordinary          49 U.S.C. 5123...........................          96,624           99,756
 hazardous materials violations.
Maximum penalty for aggravated        49 U.S.C. 5123...........................         225,455          232,762
 hazardous materials violations.
----------------------------------------------------------------------------------------------------------------

F. Pipeline and Hazardous Materials Safety Administration (PHMSA) 2024 
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 2024 civil penalty adjustments are summarized in 
the chart below.

----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                                                                                    Existing        (existing
             Description                               Citation                      penalty        penalty x
                                                                                                     1.03241)
----------------------------------------------------------------------------------------------------------------
Maximum penalty for hazardous         49 U.S.C. 5123...........................         $96,624          $99,756
 materials violation.
Maximum penalty for hazardous         49 U.S.C. 5123...........................         225,455          232,762
 materials violation that results in
 death, serious illness, or severe
 injury to any person or substantial
 destruction of property.
Minimum penalty for hazardous         49 U.S.C. 5123...........................             582              601
 materials training violations.
Maximum penalty for each pipeline     49 U.S.C. 60122(a)(1)....................         257,664          266,015
 safety violation.
Maximum penalty for a related series  49 U.S.C. 60122(a)(1)....................       2,576,627        2,660,135
 of pipeline safety violations.
Maximum additional penalty for each   49 U.S.C. 60122(a)(2)....................          94,128           97,179
 liquefied natural gas pipeline
 facility violation.
Maximum penalty for discrimination    49 U.S.C. 60122(a)(3)....................           1,496            1,544
 against employees providing
 pipeline safety information.
----------------------------------------------------------------------------------------------------------------

G. Maritime Administration (MARAD) 2024 Adjustments

    MARAD's 2024 civil penalty adjustments are summarized in the chart 
below. Note that the penalty in the regulatory text at 46 CFR 221.61(b) 
for violations of 46 U.S.C. 56010(e) was stated in error as $22,750 in 
the 2023 civil penalties rule update (88 FR 1114, 1124), though it was 
correctly stated in the preamble of the that rule as $24,905, updated 
from the 2022 civil penalty of $23,115 (Id. at 1120). This error has 
been corrected in this 2024 update.

----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                                                                                    Existing        (existing
             Description                               Citation                      penalty        penalty x
                                                                                                     1.03241)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for a single    46 U.S.C. 31309..........................          24,746           25,548
 violation of any provision under 46
 U.S.C. Chapter 313 and all of
 Subtitle III related MARAD
 regulations, except for violations
 of 46 U.S.C. 31329.
Maximum civil penalty for a single    46 U.S.C. 31330..........................          61,982           63,991
 violation of 46 U.S.C. 31329 as it
 relates to the court sales of
 documented vessels.
Maximum civil penalty for a single    46 U.S.C. 56101(e).......................          24,905           25,712
 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  46 U.S.C. 50113(b).......................             157              162
 file an Automated Mutual Assistance
 Vessel Rescue System (AMVER) report.
Maximum civil penalty for violating   50 U.S.C. 4513...........................          31,326           32,341
 procedures for the use and
 allocation of shipping services,
 port facilities and services for
 national security and national
 defense operations.
Maximum civil penalty for violations  46 U.S.C. 12151..........................         181,713          187,602
 in applying for or renewing a
 vessel's fishery endorsement.
----------------------------------------------------------------------------------------------------------------


H. Great Lakes St. Lawrence Seaway Development Corporation (GLS) 2024 
Adjustments
    The 2024 civil penalty adjustment for GLS is as follows:

[[Page 89556]]



----------------------------------------------------------------------------------------------------------------
                                                                                                   New penalty
                                                                                    Existing        (existing
             Description                               Citation                      penalty         penalty
                                                                                                    x1.03241)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for each        33 U.S.C. 1232...........................        $111,031         $114,630
 violation of 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). The Small Business Administration's A Guide for Government 
Agencies: How to Comply with the Regulatory Flexibility Act (2012), 
explains that:

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

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

[[Page 89557]]

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.

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 continues to read as follows:

    Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 (note); 49 U.S.C. 
106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44704, 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 December 28, 2023, notwithstanding 
references to specific civil penalty amounts elsewhere in this part.
    (c) Minimum and maximum civil monetary penalties are as follows:

[[Page 89558]]



     Table 1 to Sec.   13.301(c)--Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations
----------------------------------------------------------------------------------------------------------------
                                                                 New adjusted
                                                                    minimum                        New adjusted
                                                        2023    penalty amount                   maximum penalty
                                  Civil monetary      minimum   for violations    2023 maximum      amount for
 United States Code citation    penalty description   penalty    occurring on    penalty amount     violations
                                                       amount      or after                      occurring on or
                                                                 December 28,                     after December
                                                                     2023                            28, 2023
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a)(1).........  Violation of                N/A             N/A  $96,624........  $99,756.
                                hazardous materials
                                transportation law.
49 U.S.C. 5123(a)(2).........  Violation of                N/A             N/A  $225,455.......  $232,762.
                                hazardous materials
                                transportation law
                                resulting in death,
                                serious illness,
                                severe injury, or
                                substantial
                                property
                                destruction.
49 U.S.C. 5123(a)(3).........  Violation of               $582            $601  $96,624........  $99,756.
                                hazardous materials
                                transportation law
                                relating to
                                training.
49 U.S.C. 44704(d)(3)........  Knowing presentation        N/A             N/A  $1,144,488.....  $1,181,581.
                                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 by          N/A             N/A  $1,144,488.....  $1,181,581.
                                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 an                                  49 U.S.C.        49 U.S.C.
                                airline transport                                46301(a)(1)      46301(a)(1)
                                pilot (ATP)                                      and (a)(5).      and (a)(5).
                                certificate holder
                                with respect to the
                                submission of
                                certain safety
                                critical
                                information.
49 U.S.C. 44742..............  Interference by a           N/A             N/A  See entries for  See entries for
                                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  $29,462........  $30,417.
                                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  $40,272........  $41,577.
                                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  $1,771.........  $1,828.
                                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  $1,771.........  $1,828.
                                individual or small
                                business concern
                                under 49 U.S.C.
                                46301(a)(1)(A) or
                                (B) (but not
                                covered in 49
                                U.S.C. 46301(a)(5)).
49 U.S.C. 46301(a)(3)........  Violation of 49             N/A             N/A  Increase above   No change.
                                U.S.C. 47107(b) (or                              otherwise
                                any assurance made                               applicable
                                under such section)                              maximum amount
                                or 49 U.S.C. 47133.                              not to exceed
                                                                                 3 times the
                                                                                 amount of
                                                                                 revenues used
                                                                                 in violation
                                                                                 of such
                                                                                 section.
49 U.S.C. 46301(a)(5)(A).....  Violation by an             N/A             N/A  $16,108........  $16,630.
                                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  $16,108........  $16,630.
                                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  $16,108........  $16,630.
                                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  $16,108........  $16,630.
                                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  $16,108........  $16,630.
                                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 aims         N/A             N/A  $30,820........  $31,819.
                                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 a            N/A             N/A  $5,171.........  $5,339.
                                smoke alarm device.
49 U.S.C. 46302..............  Knowingly providing         N/A             N/A  $28,085........  $28,995.
                                false information
                                about alleged
                                violation involving
                                the special
                                aircraft
                                jurisdiction of the
                                United States.
49 U.S.C. 46318..............  Physical or sexual          N/A             N/A  $42,287........  $43,658.
                                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 closure of        N/A             N/A  $16,108........  $16,630.
                                an airport without
                                providing
                                sufficient notice.

[[Page 89559]]

 
49 U.S.C. 46320..............  Operating an                N/A             N/A  $24,656........  $25,455.
                                unmanned aircra ft
                                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. 47528-47530                               49 U.S.C.        49 U.S.C.
                                or 47534, relating                               46301(a)(1)      46301(a)(1)
                                to the prohibition                               and (a)(5).      and (a)(5).
                                of operating
                                certain aircraft
                                not complying with
                                stage 3 noise
                                levels.
----------------------------------------------------------------------------------------------------------------

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 $41,577 (or $1,828 for 
individuals or small businesses) applies to violations of statutory 
provisions and rules or orders issued under those provisions, other 
than those listed in paragraph (b) of this section (see 49 U.S.C. 
46301(a)(1)); 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 $16,630 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 $8,315 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 $4,159 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 $292,181 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 continues 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 $114,630.
* * * * *

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 
$25,548 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 $63,991 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 $25,712 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 $162 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

[[Page 89560]]

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 
$32,341 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 $187,602 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. 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 $99,756 for each 
violation, except the maximum civil penalty is $232,762 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 $601 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 
$99,756 for each violation, except the maximum civil penalty is 
$232,762 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 $601 
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, under section B, Penalty 
Increases for Multiple Counts, in the second paragraph, by removing 
``$96,624 or $225,455'' and ``January 6, 2023'' and adding in their 
places ``$99,756 or $232,762'' and ``December 28, 2023,'' 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 $99,756 for each violation, except the maximum civil 
penalty is $232,762 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 $601 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 $266,015 
for each violation for each day the violation continues, with a maximum 
administrative civil penalty not to exceed $2,660,135 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 $97,179, which may be in addition to other penalties to which 
such person may be subject under paragraph (a) of this section.

[[Page 89561]]

    (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 $1,544, which may be in addition to other 
penalties to which such person may be subject under paragraph (a) of 
this section.
* * * * *

PART 209--RAILROAD SAFETY ENFORCEMENT PROCEDURES

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

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


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


Sec.  209.103  Minimum and maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal 
hazardous materials transportation laws, an order issued thereunder, 49 
CFR subchapter A or C of chapter I, subtitle B, 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 $99,756 for 
each violation, except that--
    (1) The maximum civil penalty for a violation is $232,762 if the 
violation results in death, serious illness, or severe injury to any 
person, or substantial destruction of property; and
    (2) A minimum $601 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 December 
28, 2023.

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 $99,756 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 $232,762.


Sec.  209.409  [Amended]

0
27. Amend Sec.  209.409 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

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 December 28, 2023, the minimum civil monetary 
penalty was raised from $1,052 to $1,086, the ordinary maximum civil 
monetary penalty was raised from $34,401 to $35,516, and the 
aggravated maximum civil monetary penalty was raised from $137,603 
to $142,063.
    * * * For each regulation in this part or order, the schedule 
shows two amounts within the $1,086 to $35,516 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 $142,063 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 ``$96,624'' everywhere it appears and add 
in its place ``$99,756'';
0
b. Remove the dollar amount ``$225,455'' everywhere it appears and add 
in its place ``$232,762''; and
0
c. Remove the dollar amount ``$582'' and add in its place ``$601'' in 
the first paragraph.

PART 213--TRACK SAFETY STANDARDS

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

    Authority:  49 U.S.C. 20102-20114 and 20142; 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 ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 214--RAILROAD WORKPLACE SAFETY

0
32. The authority citation for part 214 continues 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 ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 215--RAILROAD FREIGHT CAR SAFETY STANDARDS

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

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


Sec.  215.7  [Amended]

0
35. Amend Sec.  215.7 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

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

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

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


Sec.  216.7  [Amended]

0
37. Amend Sec.  216.7 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';

[[Page 89562]]

0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 217--RAILROAD OPERATING RULES

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

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


Sec.  217.5  [Amended]

0
38. Amend Sec.  217.5 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 218--RAILROAD OPERATING PRACTICES

0
39. The authority citation for part 218 continues 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
40. Amend Sec.  218.9 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 219--CONTROL OF ALCOHOL AND DRUG USE

0
41. The authority citation for part 219 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 
28 U.S.C. 2461 note; Div. A, Sec. 412, Pub. L. 110-432, 122 Stat. 
4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. L. 115-271, 132 Stat. 
3894; and 49 CFR 1.89.


Sec.  219.10  [Amended]

0
42. Amend Sec.  219.10 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 220--RAILROAD COMMUNICATIONS

0
43. The authority citation for part 220 continues to read as follows:

    Authority:  49 U.S.C. 20102-20103, 20103, note, 20107, 21301-
21302, 20701-20703, 21304, 21311; 28 U.S.C. 2461 note; and 49 CFR 
1.89.


Sec.  220.7  [Amended]

0
44. Amend Sec.  220.7 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

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

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

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


Sec.  221.7  [Amended]

0
46. Amend Sec.  221.7 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

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

0
47. The authority citation for part 222 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20153, 21301, 21304; 28 
U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  222.11  [Amended]

0
48. Amend Sec.  222.11 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

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

0
49. The authority citation for part 223 continues to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20133, 20701-20702, 21301-
21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  223.7  [Amended]

0
50. Amend Sec.  223.7 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 224--REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK

0
51. The authority citation for part 224 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20148 and 21301; 28 U.S.C. 
2461 note; and 49 CFR 1.89.


Sec.  224.11  [Amended]

0
52. Amend Sec.  224.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

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

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

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


Sec.  225.29  [Amended]

0
54. Amend Sec.  225.29 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 227--OCCUPATIONAL NOISE EXPOSURE

0
55. The authority citation for part 227 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20103, note, 20701-20702; 28 U.S.C. 
2461 note; and 49 CFR 1.89.


Sec.  227.9  [Amended]

0
56. Amend Sec.  227.9 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';

[[Page 89563]]

0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

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

0
57. The authority citation for part 228 continues 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
58. Amend Sec.  228.6 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

0
59. 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 December 28, 2023, the minimum civil 
monetary penalty was raised from $1,052 to $1,086, the ordinary maximum 
civil monetary penalty was raised from $34,401 to $35,516, and the 
aggravated maximum civil monetary penalty was raised from $137,603 to 
$142,063.
* * * * *

PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS

0
60. The authority citation for part 229 continues 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
61. Amend Sec.  229.7 in paragraph (b) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS

0
62. The authority citation for part 230 continues to read as follows:

    Authority: 49 U.S.C. 20103, 20107, 20702; 28 U.S.C. 2461 note; 
and 49 CFR 1.89.


Sec.  230.4  [Amended]

0
63. Amend Sec.  230.4 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 231--RAILROAD SAFETY APPLIANCE STANDARDS

0
64. The authority citation for part 231 continues to read as follows:

    Authority: 49 U.S.C. 20102-20103, 20107, 20131, 20301-20303, 
21301-21302, 21304; 28 U.S.C. 2461 note; and 49 CFR 1.89.


Sec.  231.0  [Amended]

0
65. Amend Sec.  231.0 in paragraph (f) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 233--SIGNAL SYSTEMS REPORTING REQUIREMENTS

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

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


Sec.  233.11  [Amended]

0
67. Amend Sec.  233.11 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 234--GRADE CROSSING SAFETY

0
68. The authority citation for part 234 continues 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
69. Amend Sec.  234.6 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

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
70. The authority citation for part 235 continues to read as follows:

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


Sec.  235.9  [Amended]

0
71. Amend Sec.  235.9 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

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

0
72. The authority citation for part 236 continues to read as follows:

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


Sec.  236.0  [Amended]

0
73. Amend Sec.  236.0 in paragraph (f) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 237--BRIDGE SAFETY STANDARDS

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


[[Page 89564]]


    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
75. Amend Sec.  237.7 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS

0
76. The authority citation for part 238 continues to read as follows:

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


Sec.  238.11  [Amended]

0
77. Amend Sec.  238.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 239--PASSENGER TRAIN EMERGENCY PREPAREDNESS

0
78. The authority citation for part 239 continues to read as follows:

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


Sec.  239.11  [Amended]

0
79. Amend Sec.  239.11 as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS

0
80. The authority citation for part 240 continues to read as follows:

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


Sec.  240.11  [Amended]

0
81. Amend Sec.  240.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063.

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

0
82. The authority citation for part 241 continues to read as follows:

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


Sec.  241.15  [Amended]

0
83. Amend Sec.  241.15 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 242--QUALIFICATION AND CERTIFICATION OF CONDUCTORS

0
84. The authority citation for part 242 continues to read as follows:

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


Sec.  242.11  [Amended]

0
85. Amend Sec.  242.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

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

0
86. The authority citation for part 243 continues to read as follows:

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


Sec.  243.7  [Amended]

0
87. Amend Sec.  243.7 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

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

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

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


Sec.  244.5  [Amended]

0
89. Amend Sec.  244.5 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 272--CRITICAL INCIDENT STRESS PLANS

0
90. The authority citation for part 272 continues to read as follows:

    Authority:  49 U.S.C. 20103, 20107, 20109 note; 28 U.S.C. 2461 
note; and 4 CFR 1.89.


Sec.  272.11  [Amended]

0
91. Amend Sec.  272.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,052'' and add in its place ``$1,086'';
0
b. Remove the dollar amount ``$34,401'' and add in its place 
``$35,516''; and
0
c. Remove the dollar amount ``$137,603'' and add in its place 
``$142,063''.

PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS

0
92. 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
93. Amend appendix A to part 386 by revising 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

* * * * *

[[Page 89565]]

II. Subpoena

    Violation--Failure to respond to Agency subpoena to appear and 
testify or produce records.
    Penalty--minimum of $1,330 but not more than $13,300 per 
violation.
* * * * *

IV. Out-of-Service Order

    j. Violation--Operation of a commercial vehicle by a driver 
during the period the driver was placed out of service.
    Penalty--Up to $2,304 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 $23,048 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--$2,304 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 $23,048 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 $1,152 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 $33,252 per day the operation continues after the 
effective date and time of the order to cease.
    h. Violation--Operating in violation of an order issued under 
Sec.  386.73.
    Penalty--Up to $29,221 per day the operation continues after the 
effective date and time of the out-of-service order.
    j. Violation--Conducting operations during a period of 
suspension under Sec.  386.83 or Sec.  386.84 for failure to pay 
penalties.
    Penalty--Up to $18,758 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 $29,221 for each day that operations are 
conducted during the suspension or revocation period.


0
94. Amend appendix B to part 386 by revising 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

* * * * *
    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 $1,544 for each day the violation continues, up to 
$15,445.
    (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 $15,445 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 $18,758 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 $4,690.
    (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 $3,861 for a first conviction and not less 
than $7,723 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 $6,974; 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 $3,861 
for a first conviction and not less than $7,723 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 $6,974 or more 
than $38,612; 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 $20,017.
* * * * *
    (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 $20,579. 
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 $99,756 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 $601 and not more than $99,756 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 $99,756 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 $99,756.
    (5) If any violation subject to the civil penalties set out in 
paragraphs (e)(1) through (4) of this appendix results in death, 
serious

[[Page 89566]]

illness, or severe injury to any person or in substantial 
destruction of property, the civil penalty may be increased to not 
more than $232,762 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 $33,252 (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 $99,756 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 
$232,762 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 
$13,300 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 
$13,300 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 $33,252 per violation.
    (4) A person who operates as a foreign motor carrier or foreign 
motor private carrier of property in violation of the provisions of 
49 U.S.C. 13902(c) is liable for a minimum penalty of $13,300 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 $18,291 for an intentional violation and a 
maximum penalty of $45,730 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 
$26,602 and a maximum penalty of $53,203 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 $2,000 per violation.
    (8) A person as described under paragraph (i) or (ii) is liable 
for a minimum penalty of $4,005 for the first violation and $10,009 
for each subsequent violation--
    (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.
* * * * *
    (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 $200,174 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 $400 for the first violation and $500 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 $1,002 for the first 
violation and up to $4,005 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 $1,002 for the first violation and up to $4,005 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 $20,017 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 $1,330 and for a 
maximum penalty of $10,009 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 $4,005.
    (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 $1,002 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 $20,017 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 $15,445 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 $38,612 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 $1,544 for each

[[Page 89567]]

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 $15,445.
    (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 $2,661 but not more than $6,650 for the first 
violation and at least $3,323 but not more than $9,965 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 $2,661 for the first violation or at least $6,650 for a 
subsequent violation.

PART 578--CIVIL AND CRIMINAL PENALTIES

0
95. 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
96. Amend Sec.  578.6 by revising paragraphs (a)(1), (a)(2)(i)(B), 
(a)(3) and (4), (b) through (g), (h)(1), (h)(2) introductory text, 
(h)(3), 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 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 $27,168 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 $135,828,178.
    (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 $15,445 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 
$23,167,823.
    (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 $27,168 per violation per day. The maximum 
penalty under this paragraph (a)(3) for a related series of daily 
violations is $135,828,178.
    (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 $6,650 per day. The maximum penalty under this paragraph 
(a)(4) for a related series of daily violations is $1,330,069.
    (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 $2,168 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 $3,558 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 $3,961,763.
    (d) Consumer information--(1) Crash-worthiness and damage 
susceptibility. A person who violates 49 U.S.C. 32308(a), regarding 
crashworthiness and damage susceptibility, is liable to the United 
States Government for a civil penalty of not more than $3,558 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 $1,940,403.
    (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 $73,628 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 $2,168 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 $13,300 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 $1,330,069.
    (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 $13,300, 
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 $2,922 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 $730,455.
    (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 $216,972 
a day for each violation.
    (h) Automobile fuel economy. (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 $51,139 for each violation. A separate violation 
occurs for each day the violation continues.

[[Page 89568]]

    (2) Except as provided in 49 U.S.C. 32912(c), a manufacturer that 
violates a standard prescribed for a model year under 49 U.S.C. 32902 
is liable to the United States Government for a civil penalty of $17 
(for model years before model year 2019, the civil penalty is $5.50; 
for model years 2019 through 2021, the civil penalty is $14; for model 
year 2022, the civil penalty is $15; for model year 2023, the civil 
penalty is $16), multiplied by each .1 of a mile a gallon by which the 
applicable average fuel economy standard under that section exceeds the 
average fuel economy--
* * * * *
    (3) If a higher amount for each .1 of a mile a gallon to be used in 
calculating a civil penalty under paragraph (h)(2) of this section is 
prescribed pursuant to the process provided in 49 U.S.C. 32912(c), the 
amount prescribed may not be more than $32 for each .1 of a mile a 
gallon.
    (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 $50,360 per vehicle or engine. The 
maximum civil penalty for a related series of violations shall be 
determined by multiplying $50,360 times the vehicle or engine 
production volume for the model year in question within the regulatory 
averaging set.

    Signed in Washington, DC, on December 15, 2023.
Peter Paul Montgomery Buttigieg,
Secretary of Transportation.
[FR Doc. 2023-28066 Filed 12-27-23; 8:45 am]
BILLING CODE 4910-57-P

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