Revisions to Civil Penalty Amounts, 2025, 106282-106301 [2024-30608]
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106282
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
DEPARTMENT OF TRANSPORTATION
Authority for This Rulemaking
Federal Aviation Administration
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.
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
I. Background
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,
2025
Department of Transportation
(DOT or the Department).
AGENCY:
ACTION:
Final rule.
This final rule provides the
statutorily prescribed 2025 adjustment
to civil penalty amounts that may be
imposed for violations of certain DOT
regulations.
SUMMARY:
This rule is effective December
30, 2024.
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DATES:
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; elizabeth.kohl@
dot.gov.
SUPPLEMENTARY INFORMATION:
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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–25–02, available at
https://www.whitehouse.gov/omb/
information-for-agencies/memoranda/,
which provides instructions on how to
calculate the 2025 annual adjustment.
To derive the 2025 adjustment, the
Department must multiply the
maximum or minimum penalty amount
by the percent change between the
October 2024 Consumer Price Index for
All Urban Consumers (CPI–U) and the
October 2023 CPI–U. In this case, as
explained in OMB Memorandum M–25–
02, the percent change between the
October 2024 CPI–U and the October
2023 CPI–U is 1.02598.2
1 28
U.S.C. 2461 note.
may calculate the percent change
using the CPI–U numbers, which are typically
issued in November each year, and confirm their
2 Agencies
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On May 16, 2024, the President
signed the FAA Reauthorization Act of
2024 (2024 Reauthorization Act) (Pub.
L. 118–63) into law. Updates to the
Department’s civil penalties authority in
the 2024 Reauthorization Act are
reflected, as appropriate, in this final
rule.
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 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) 2025
Adjustments
OST’s 2025 civil penalty adjustments
are summarized in the chart below.
Pursuant to section 507 of the 2024
Reauthorization Act, the Department
increased the maximum civil penalty in
49 U.S.C. 46301(a)(1) to $75,000 for
persons who are not individuals or
small business concerns.3 The
maximum penalty for individuals and
small business concerns was not
calculations upon issuance of the annual OMB
guidance.
3 The 2015 Act specifies that if a civil penalty is
increased by an amount greater than the amount of
the required adjustment during the 12-month
period preceding the required adjustment, the
Secretary is not required to make the adjustment for
that year. Consistent with this provision, the
$75,000 amount will not be increased in this 2025
adjustment.
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changed by the 2024 Reauthorization
Act.
Also, subsection 542(a) of the 2024
Reauthorization Act requires DOT to
issue a notice of proposed rulemaking to
develop requirements for minimum
training standards related to stowing on
an aircraft wheelchairs and scooters
used by passengers with disabilities.
Subsections (b) and (c) specify
requirements of the rule and
considerations that the Department
must make in conducting the
rulemaking. Subsection (d) requires
issuance of a final rule, and subsection
(e) authorizes DOT to assess a civil
considerations that the Department
must make in conducting the
rulemaking. Subsection (d) requires
issuance of a final rule, and subsection
(e) authorizes DOT to assess a civil
penalty in accordance with 49 U.S.C.
46301 against any air carrier or foreign
air carrier who does not meet the
requirements established in the
rulemaking. DOT will conduct the
rulemakings as required by the 2024
Reauthorization Act. Any penalties
would subsequently be included and
updated in the Department’s annual
civil penalties update rulemaking.
Existing
penalty
New penalty
(existing penalty
× 1.02598)
Description
Citation
General civil penalty for violations of certain aviation economic regulations and statutes.
General civil penalty for violations of certain aviation economic regulations and statutes involving an individual or small business concern.
Civil penalties for individuals or small businesses for violations of most
provisions of Chapter 401 of Title 49, including the anti-discrimination
provisions of sections 40127 and 41705 and rules and orders issued
pursuant to these provisions.
Civil penalties for individuals or small businesses for violations of 49
U.S.C. 41719 and rules and orders issued pursuant to that provision.
Civil penalties for individuals or small businesses for violations of 49
U.S.C. 41712 or consumer protection rules and orders issued pursuant
to that provision.
49 U.S.C. 46301(a)(1) ..........
$41,577
$75,000
49 U.S.C. 46301(a)(1) ..........
1,828
1,875
49 U.S.C. 46301(a)(5)(A) .....
16,630
17,062
49 U.S.C. 46301(a)(5)(C) .....
8,315
8,531
49 U.S.C. 46301(a)(5)(D) .....
4,159
4,267
B. Federal Aviation Administration
(FAA) 2025 Adjustments
FAA’s 2025 civil penalty adjustments
are summarized in the chart below.
Pursuant to section 507 of the 2024
Reauthorization Act, the Department
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penalty in accordance with 49 U.S.C.
46301 against any air carrier or foreign
air carrier who does not meet the
requirements established in the
rulemaking. In addition, subsection
543(a) of the 2024 Reauthorization Act
requires DOT to issue a notice of
proposed rulemaking to develop
requirements for minimum training
standards for airline personnel or
contractors who assist wheelchair users
who board or deplane using an aisle
chair or other boarding device.
Subsections (b) and (c) specify
requirements of the rule and
106283
increased the maximum civil penalty in
49 U.S.C. 46301(a)(1) to $75,000 for
persons who are not individuals or
small business concerns. The
Department also added the civil penalty
specified in section 770 of the 2024
Reauthorization Act for violations of 47
U.S.C. 47107(a)(22) related to the
restriction or prohibition of the sale or
self-fueling of any 100-octane low lead
aviation gasoline, including any grant
assurances made under that section.4
Existing
penalty
New penalty
(existing penalty
× 1.02598)
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)).
49 U.S.C. 5123(a)(1) ............
49 U.S.C. 5123(a)(2) ............
$99,756
232,762
$102,348
238,809
49 U.S.C. 5123(a)(3) ............
601
617
49 U.S.C. 5123(a)(3) ............
99,756
102,348
49 U.S.C. 44704(d)(3)(B) .....
1,181,581
1,212,278
49 U.S.C. 44704(e)(4)(A) .....
1,181,582
1,212,278
49 U.S.C. 44802 note ...........
30,417
31,207
49 U.S.C. 46301(a)(1) ..........
41,577
75,000
49 U.S.C. 46301(a)(1) ..........
1,828
1,875
49 U.S.C. 46301(a)(1) ..........
1,828
1,875
4 As noted in footnote 3, the 2015 Act specifies
that if a civil penalty is increased by an amount
greater than the amount of the required adjustment
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during the 12-month period preceding the required
adjustment, the Secretary is not required to make
the adjustment for that year. Consistent with this
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provision, the $5,000 amount will not be increased
in this 2025 adjustment.
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
Existing
penalty
New penalty
(existing penalty
× 1.02598)
Description
Citation
Violation by an individual or small business concern (except an airman
serving as an airman) under 49 U.S.C. 46301(a)(5)(A)(i) or (ii).
Violation by an individual or small business concern related to the transportation of hazardous materials.
Violation by an individual or small business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not
used to provide air transportation.
Violation by an individual or small business concern of 49 U.S.C.
44718(d), relating to limitation on construction or establishment of landfills.
Violation by an individual or small business concern of 49 U.S.C. 44725,
relating to the safe disposal of life- limited aircraft parts.
Individual who aims the beam of a laser pointer at an aircraft in the airspace jurisdiction of the United States, or at the flight path of such an
aircraft.
Tampering with a smoke alarm device ........................................................
Knowingly providing false information about alleged violation involving the
special aircraft jurisdiction of the United States.
Physical or sexual assault or threat to physically or sexually assault crewmember or other individual on an aircraft, or action that poses an imminent threat to the safety of the aircraft or individuals on board.
Permanent closure of an airport without providing sufficient notice ............
Operating an unmanned aircraft and in so doing knowingly or recklessly
interfering with a wildfire suppression, law enforcement, or emergency
response effort.
Violation of 49 U.S.C. 41707(a)(22), including any grant assurances
made under that section.
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. 46301(a)(5)(A) .....
16,630
17,062
49 U.S.C. 46301(a)(5)(B)(i) ..
16,630
17,062
49 U.S.C. 46301(a)(5)(B)(ii)
16,630
17,062
49 U.S.C. 46301(a)(5)(B)(iii)
16,630
17,062
49 U.S.C. 46301(a)(5)(B)(iv)
16,630
17,062
49 U.S.C. 46301 note ...........
31,819
32,646
49 U.S.C. 46301(b) ...............
49 U.S.C. 46302 ...................
5,339
28,995
5,478
29,748
49 U.S.C. 46318 ...................
43,658
44,792
49 U.S.C. 46319 ...................
49 U.S.C. 46320 ...................
16,630
25,455
17,062
26,116
49 U.S.C. 46301(a)(8) ..........
N/A
5,000
51 U.S.C. 50917(c) ...............
292,181
299,772
C. National Highway Traffic Safety
Administration (NHTSA) 2025
Adjustments
NHTSA’s 2025 civil penalty
adjustments are summarized in the
chart below.
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Description
Citation
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).
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.
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Existing
penalty
New penalty
(existing penalty
× 1.02598)
49 U.S.C. 30165(a)(1),
30165(a)(3).
$27,168
$27,874
49 U.S.C. 30165(a)(1),
30165(a)(3).
135,828,178
139,356,994
49 U.S.C. 30165(a)(2)(A) .....
15,445
15,846
49 U.S.C. 30165(a)(2)(B) .....
23,167,823
23,769,723
49 U.S.C. 30165(a)(4) ..........
49 U.S.C. 30165(a)(4) ..........
6,650
1,330,069
6,823
1,364,624
49 U.S.C. 30505 ...................
2,168
2,224
49 U.S.C. 32507(a) ...............
3,558
3,650
49 U.S.C. 32507(a) ...............
3,961,763
4,064,690
49 U.S.C. 32308(b) ...............
3,558
3,650
49 U.S.C. 32308(b) ...............
1,940,403
1,990,815
Sfmt 4700
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New penalty
(existing penalty
× 1.02598)
Existing
penalty
Description
Citation
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. 32902.5
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. 32308(c) ...............
73,628
75,541
49 U.S.C. 32309 ...................
2,168
2,224
49 U.S.C. 32709 ...................
13,300
13,676
49 U.S.C. 32709 ...................
1,330,069
1,364,624
49 U.S.C. 32710 ...................
13,330
13,676
49 U.S.C. 33115(a) ...............
49 U.S.C. 33115(a) ...............
2,922
730,455
2,998
749,432
49 U.S.C. 33115(b) ...............
49 U.S.C 32912(a) ................
216,972
51,139
222,609
52,468
49 U.S.C. 32912(b) ...............
17
17
49 U.S.C. 32912(c)(1)(B) ......
32
33
49 U.S.C. 32902 ...................
50,360
51,668
D. Federal Motor Carrier Safety
Administration (FMCSA) 2025
Adjustments
FMCSA’s civil penalties affected by
this rule are all located in appendices A
and B to 49 CFR part 386. The 2025
adjustments to these civil penalties are
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106285
summarized in the chart below. Note
that in the regulatory text for the 2023
update, the penalty for violations of
Appendix A IV (i) Out-of-service order
(conducting operations during
suspension or revocation for failure to
pay penalties) and the penalty for
Appendix B (a)(3) Non-recordkeeping
violations were incorrectly stated as
$18,758. The correct dollar amount, as
stated in the preamble of the 2023
update, was $18,759. The error in the
regulatory text has been corrected in
this 2024 update, reflecting a penalty for
this 2025 update of $19,246.
Existing
penalty
New penalty
(existing
penalty
× 1.02598)
Description
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 ........
49 U.S.C. 525 ...............................................................
49 U.S.C. 525 ...............................................................
49 U.S.C. 521(b)(7) ......................................................
$1,330
13,300
2,304
$1,365
13,676
2,364
49 U.S.C. 521(b)(7) ......................................................
23,048
23,647
49 U.S.C. 521(b)(7) ......................................................
2,304
2,364
49 U.S.C. 521(b)(7) ......................................................
23,048
23,647
49 U.S.C. 521(b)(2)(B) .................................................
1,152
1,182
49 U.S.C. 521(b)(2)(F) .................................................
33,252
34,116
49 U.S.C. 521(b)(7) ......................................................
29,221
29,980
49 U.S.C. 521(b)(2)(A) and (b)(7) ................................
18,759
19,246
49 U.S.C. 521(b)(7) ......................................................
29,221
29,980
49 U.S.C. 521(b)(2)(B)(i) ..............................................
1,544
1,584
49 U.S.C. 521(b)(2)(B)(i) ..............................................
15,445
15,846
49 U.S.C. 521(b)(2)(B)(ii) .............................................
49 U.S.C. 521(b)(2)(A) .................................................
15,445
18,759
15,846
19,246
5 For model years before model year 2019, the
civil penalty is $5.50; for model years 2019 through
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2021, the civil penalty is $14; for model year 2022,
the civil penalty is $15; for model year 2023, the
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civil penalty is $16; for model years 2024 and 2025,
the civil penalty is $17.
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Existing
penalty
New penalty
(existing
penalty
× 1.02598)
Description
Citation
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).
Appendix B (b)(3) Special penalties pertaining to railroad–highway grade crossing violations.
Appendix B (d) Financial responsibility violations ........
Appendix B (e)(1) Violations of Hazardous Materials
Regulations (HMRs) and Safety Permitting Regulations (transportation or shipment of hazardous materials).
Appendix B (e)(2) Violations of Hazardous Materials
Regulations (HMRs) and Safety Permitting Regulations (training)—minimum penalty.
Appendix B (e)(2): Violations of Hazardous Materials
Regulations (HMRs) and Safety Permitting Regulations (training)—maximum penalty.
Appendix B (e)(3) Violations of Hazardous Materials
Regulations (HMRs) and Safety Permitting Regulations (packaging or container).
Appendix B (e)(4): Violations of Hazardous Materials
Regulations (HMRs) and Safety Permitting Regulations (compliance with FMCSRs).
Appendix B (e)(5) Violations of Hazardous Materials
Regulations (HMRs) and Safety Permitting Regulations (death, serious illness, severe injury to persons; destruction of property).
Appendix B (f)(1) Operating after being declared unfit
by assignment of a final ‘‘unsatisfactory’’ safety rating (generally).
Appendix B (f)(2) Operating after being declared unfit
by assignment of a final ‘‘unsatisfactory’’ safety rating (hazardous materials)-maximum penalty.
Appendix B (f)(2): Operating after being declared unfit
by assignment of a final ‘‘unsatisfactory’’ safety rating (hazardous materials)-maximum penalty if
death, serious illness, severe injury to persons; destruction of property.
Appendix B (g)(1): Violations of the commercial regulations (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.
49 U.S.C. 521(b)(2)(A) .................................................
4,690
4,812
49 U.S.C. 31310(i)(2)(A) ..............................................
3,861
3,961
49 U.S.C. 31310(i)(2)(A) ..............................................
7,723
7,924
49 U.S.C. 521(b)(2)(C) .................................................
6,974
7,155
49 U.S.C. 31310(i)(2)(A) ..............................................
3,861
3,961
49 U.S.C. 31310(i)(2)(A) ..............................................
7,723
7,924
49 U.S.C. 521(b)(2)(C) .................................................
6,974
7,155
49 U.S.C. 31310(i)(2)(C) ..............................................
38,612
39,615
49 U.S.C. 31310(j)(2)(B) ..............................................
20,017
20,537
49 U.S.C. 31138(d)(1), 31139(g)(1) .............................
49 U.S.C. 5123(a)(1) ....................................................
20,579
99,756
21,114
102,348
49 U.S.C. 5123(a)(3) ....................................................
601
617
49 U.S.C. 5123(a)(1) ....................................................
99,756
102,348
49 U.S.C. 5123(a)(1) ....................................................
99,756
102,348
49 U.S.C. 5123(a)(1) ....................................................
99,756
102,348
49 U.S.C. 5123(a)(2) ....................................................
232,762
238,809
49 U.S.C. 521(b)(2)(F) .................................................
33,252
34,116
49 U.S.C. 5123(a)(1) ....................................................
99,756
102,348
49 U.S.C. 5123(a)(2) ....................................................
232,762
238,809
49 U.S.C. 14901(a) ......................................................
13,300
13,676
49 U.S.C. 14916(c) .......................................................
49 U.S.C. 14901(a) ......................................................
13,300
33,252
13,676
34,116
49 U.S.C. 14901(a) ......................................................
13,300
13,676
49 U.S.C. 14901 note ...................................................
18,291
18,766
49 U.S.C. 14901 note ...................................................
45,730
46,918
49 U.S.C. 14901(b) ......................................................
26,602
27,293
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
Existing
penalty
106287
New penalty
(existing
penalty
× 1.02598)
Description
Citation
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).
49 U.S.C. 14901(b) ......................................................
53,203
54,585
49 U.S.C. 14901(d)(1) ..................................................
2,000
2,052
49 U.S.C. 14901(e) ......................................................
4,005
4,109
49 U.S.C. 14901(e) ......................................................
10,009
10,269
49 U.S.C. 13702, 14903 ...............................................
49 U.S.C. 14904(a) ......................................................
200,174
400
205,375
410
49 U.S.C. 14904(a) ......................................................
500
513
49 U.S.C. 14904(b)(1) ..................................................
1,002
1,028
49 U.S.C. 14904(b)(1) ..................................................
4,005
4,109
49 U.S.C. 14904(b)(2) ..................................................
1,002
1,028
49 U.S.C. 14904(b)(2) ..................................................
4,005
4,109
49 U.S.C. 14905 ...........................................................
20,017
20,537
49 U.S.C. 14901 ...........................................................
1,330
1,365
49 U.S.C. 14907 ...........................................................
10,009
10,269
49 U.S.C. 14908 ...........................................................
4,005
4,109
49 U.S.C. 14910 ...........................................................
1,002
1,028
49 U.S.C. 14915 ...........................................................
20,017
20,537
49 U.S.C. 14901(d)(2) ..................................................
15,445
15,846
49 U.S.C. 14901 (d)(3) .................................................
38,612
39,615
49 U.S.C. 521(b)(2)(E) .................................................
1,544
1,584
49 U.S.C. 521(b)(2)(E) .................................................
15,445
15,846
49 U.S.C. 524 ...............................................................
2,661
2,730
49 U.S.C. 524 ...............................................................
6,650
6,823
49 U.S.C. 524 ...............................................................
3,323
3,409
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106288
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
New penalty
(existing
penalty
× 1.02598)
Existing
penalty
Description
Citation
Appendix B (i)(1): Evasion of regulations under 49
U.S.C. ch. 5, 51, subchapter III of ch. 311 (except
31138 and 31139), 31302–31304, 31305(b),
31310(g)(1)(A), or 31502—maximum penalty for
subsequent violation(s).
Appendix B (i)(2): Evasion of regulations under 49
U.S.C. subtitle IV, part B—minimum penalty for first
violation.
Appendix B (i)(2): Evasion of regulations under 49
U.S.C. subtitle IV, part B—minimum penalty for
subsequent violation(s).
49 U.S.C. 524 ...............................................................
9,965
10,224
49 U.S.C. 14906 ...........................................................
2,661
2,730
49 U.S.C. 14906 ...........................................................
6,650
6,823
E. Federal Railroad Administration
(FRA) 2025 Adjustments
FRA’s 2025 civil penalty adjustments
are summarized in the chart below.
New penalty
(existing penalty
× 1.02598)
Citation
Minimum rail safety penalty .......................................
Ordinary maximum rail safety penalty .......................
Maximum penalty for an aggravated rail safety violation.
Minimum penalty for hazardous materials training
violations.
Maximum penalty for ordinary hazardous materials
violations.
Maximum penalty for aggravated hazardous materials violations.
49 U.S.C. ch. 213 ......................................................
49 U.S.C. ch. 213 ......................................................
49 U.S.C. ch. 213 ......................................................
$1,086
35,516
142,063
$1,114
36,439
145,754
49 U.S.C. 5123 ..........................................................
601
617
49 U.S.C. 5123 ..........................................................
99,756
102,348
49 U.S.C. 5123 ..........................................................
232,762
238,809
F. Pipeline and Hazardous Materials
Safety Administration (PHMSA) 2025
Adjustments
PHMSA’s civil penalties affected by
this rule for hazardous materials
ddrumheller on DSK120RN23PROD with RULES1
Existing
penalty
Description
violations are located in 49 CFR
107.329, appendix A to subpart D of 49
CFR part 107, and § 171.1. The civil
penalties affected by this rule for
pipeline safety violations are located in
§ 190.223. PHMSA’s 2025 civil penalty
adjustments are summarized in the
chart below.
Existing
penalty
New
penalty (existing
penalty
× 1.02598
Description
Citation
Maximum penalty for hazardous materials violation
Maximum penalty for hazardous materials violation
that results in death, serious illness, or severe injury to any person or substantial destruction of
property.
Minimum penalty for hazardous materials training
violations.
Maximum penalty for each pipeline safety violation
Maximum penalty for a related series of pipeline
safety violations.
Maximum additional penalty for each liquefied natural gas pipeline facility violation.
Maximum penalty for discrimination against employees providing pipeline safety information.
49 U.S.C. 5123 ..........................................................
49 U.S.C. 5123 ..........................................................
$99,756
232,762
$102,348
238,809
49 U.S.C. 5123 ..........................................................
601
617
49 U.S.C. 60122(a)(1) ...............................................
49 U.S.C. 60122(a)(1) ...............................................
266,015
2,660,135
272,926
2,729,245
49 U.S.C. 60122(a)(2) ...............................................
97,179
99,704
49 U.S.C. 60122(a)(3) ...............................................
1,544
1,584
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106289
G. Maritime Administration (MARAD)
2025 Adjustments
MARAD’s 2025 civil penalty
adjustments are summarized in the
chart below.
Existing
penalty
New penalty
(existing penalty
× 1.02598)
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 ........................................................
$25,548
$26,212
46 U.S.C. 31330 ........................................................
63,991
65,653
46 U.S.C. 56101(e) ...................................................
25,712
26,380
46 U.S.C. 50113(b) ...................................................
162
166
50 U.S.C. 4513 ..........................................................
32,341
33,181
46 U.S.C. 12151 ........................................................
187,602
192,476
H. Great Lakes St. Lawrence Seaway
Development Corporation (GLS) 2025
Adjustments
The 2025 civil penalty adjustment for
GLS is as follows:
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
Comply with the Regulatory Flexibility
Act (2012), explains that:
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
ddrumheller on DSK120RN23PROD with RULES1
Existing
penalty
Description
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
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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
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New penalty
(existing penalty
× 1.02598)
$114,630
$117,608
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:\FR\FM\30DER1.SGM
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Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
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
ddrumheller on DSK120RN23PROD with RULES1
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 1508.1. In analyzing the
applicability of a categorical exclusion,
the agency must also consider whether
extraordinary circumstances are present
that would warrant the preparation of
an EA or EIS. Id. Paragraph 4(c)(5) of
DOT Order 5610.1C incorporates 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.
analysis is required under the Unfunded
Mandates Reform Act.
List of Subjects in
14 CFR Part 13
Administrative practice and
procedure, Air transportation,
Hazardous materials transportation,
Investigations, Law enforcement,
Penalties.
14 CFR Part 383
Administrative practice and
procedure, Penalties.
14 CFR Part 406
Administrative procedure and review,
Commercial space transportation,
Enforcement, Investigations, Penalties,
Rules of adjudication.
33 CFR Part 401
Hazardous materials transportation,
Navigation (water), Penalties, Radio,
Reporting and recordkeeping
requirements, Vessels, Waterways.
46 CFR Part 221
Administrative practice and
procedure, Maritime carriers, Mortgages,
Penalties, Reporting and recordkeeping
requirements, Trusts and trustees.
46 CFR Part 307
Marine safety, Maritime carriers,
Penalties, Reporting and recordkeeping
requirements.
46 CFR Part 340
Harbors, Maritime carriers, National
defense, Packaging and containers.
46 CFR Part 356
Citizenship and naturalization,
Fishing vessels, Mortgages, Penalties,
Reporting and recordkeeping
requirements, Vessels.
49 CFR Part 107
Administrative practices and
procedure, Hazardous materials
transportation, Packaging and
containers, Penalties, Reporting and
recordkeeping requirements.
G. Unfunded Mandates Reform Act
49 CFR Part 171
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
Administrative practice and
procedure, Exports, Hazardous materials
transportation, Hazardous waste,
Imports, Information, Reporting and
recordkeeping requirements.
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transportation, Penalties, Railroad
safety, Reporting and recordkeeping
requirements.
49 CFR Parts 213, 216, 217, 221, 224,
229, 230, 232, 233, and 239
Penalties, Railroad safety, Reporting
and recordkeeping requirements.
49 CFR Part 214
Bridges, Occupational safety and
health, Penalties, Railroad safety,
Reporting and recordkeeping
requirements.
49 CFR Part 215
Freight, Penalties, Railroad safety,
Reporting and recordkeeping
requirements.
49 CFR Part 218
Locomotives, Occupational safety and
health, Penalties, Railroad employees,
Railroad safety, Tampering.
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
Hazardous materials transportation,
Locomotive noise control, Occupational
safety and health, Penalties, Railroad
safety, Reporting and recordkeeping
requirements.
49 CFR Part 190
49 CFR Part 228
Penalties, Railroad employees,
Reporting and recordkeeping
requirements.
Administrative practice and
procedure, Penalties, Pipeline safety.
49 CFR Part 231
Penalties, Railroad safety.
49 CFR Part 209
49 CFR Part 234
Highway safety, Penalties, Railroad
safety, Reporting and recordkeeping
Administrative practice and
procedure, Hazardous materials
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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.
106291
49 CFR Part 386
Administrative procedures,
Commercial motor vehicle safety,
Highways and roads, Motor carriers,
Penalties.
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.
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
49 CFR Part 241
Communications, Penalties, Railroad
safety, Reporting and recordkeeping
requirements.
■
49 CFR Part 272
Penalties, Railroad employees,
Railroad safety, Railroads, Safety,
Transportation.
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),
PART 13—INVESTIGATIVE AND
ENFORCEMENT PROCEDURES
1. The authority citation for part 13 is
revised to read as follows:
2. Amend § 13.301 by revising
paragraphs (b) and (c) to read as follows:
§ 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 30, 2024,
notwithstanding references to specific
civil penalty amounts elsewhere in this
part.
(c) Minimum and maximum civil
monetary penalties are as follows:
TABLE 1 TO § 13.301(c)—MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS
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) ....
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2024
minimum
penalty
amount
United States Code
citation
49 U.S.C. 46301(a)(1) ....
49 U.S.C. 46301(a)(3) ....
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amount
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2024
maximum penalty
amount
New adjusted maximum
penalty amount for
violations occurring on or
after December 30, 2024
N/A
N/A
N/A
N/A
$99,756 ...........................
$232,762 .........................
$102,348.
$238,809.
$601
$617
$99,756 ...........................
$102,348.
N/A
N/A
$1,181,581 ......................
$1,212, 278.
N/A
N/A
$1,181,581 ......................
$1,212,278.
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
$30,417 ...........................
$31,207.
N/A
N/A
$41,577 ...........................
$75,000.
N/A
N/A
$1,828 .............................
$1,875.
N/A
N/A
$1,828 .............................
$1,875.
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.
No change.
Sfmt 4700
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TABLE 1 TO § 13.301(c)—MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS—
Continued
Civil monetary penalty description
49 U.S.C. 46301(a)(5)(A)
Violation by an individual or small business concern (except an airman serving as an airman)
under 49 U.S.C. 46301(a)(5)(A)(i) or (ii).
Violation by an individual or small business concern related to the transportation of hazardous
materials.
Violation by an individual or small business concern related to the registration or recordation
under 49 U.S.C. chapter 441, of an aircraft not
used to provide air transportation.
Violation by an individual or small business concern of 49 U.S.C. 44718(d), relating to limitation
on construction or establishment of landfills.
Violation by an individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts.
Violation of 49 U.S.C. 41707(a)(22), including any
grant assurances made under that section.
Individual who aims the beam of a laser pointer at
an aircraft in the airspace jurisdiction of the
United States, or at the flight path of such an
aircraft.
Tampering with a smoke alarm device ...................
Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States.
Physical or sexual assault or threat to physically or
sexually assault crewmember or other individual
on an aircraft, or action that poses an imminent
threat to the safety of the aircraft or individuals
on board.
Permanent closure of an airport without providing
sufficient notice.
Operating an unmanned aircraft and in so doing
knowingly or recklessly interfering with a wildfire
suppression, law enforcement, or emergency response effort.
Violation of 49 U.S.C. 47528–47530 or 47534, relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels.
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(a)(8) ....
49 U.S.C. 46301 note .....
49 U.S.C. 46301(b) .........
49 U.S.C. 46302 .............
49 U.S.C. 46318 .............
49 U.S.C. 46319 .............
49 U.S.C. 46320 .............
49 U.S.C. 47531 .............
PART 383—CIVIL PENALTIES
3. The authority citation for part 383
continues to read as follows:
■
Authority: Sec. 701, Pub. L. 114–74, 129
Stat. 584; Sec. 503, Pub. L. 108–176, 117 Stat.
2490; Pub. L. 101–410, 104 Stat. 890; Sec.
31001, Pub. L. 104–134.
4. Section 383.2 is revised to read as
follows:
■
§ 383.2
ddrumheller on DSK120RN23PROD with RULES1
2024
minimum
penalty
amount
United States Code
citation
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 $75,000 (or $1,875 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
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penalty
amount
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December 30,
2024
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penalty amount for
violations occurring on or
after December 30, 2024
N/A
N/A
$16,630 ...........................
$17,062.
N/A
N/A
$16,630 ...........................
$17,062.
N/A
N/A
$16,630 ...........................
$17,062.
N/A
N/A
$16,630 ...........................
$17,062.
N/A
N/A
$16,630 ...........................
$17,062.
N/A
N/A
N/A ..................................
$5,000.
N/A
N/A
$31,819 ...........................
$32,646.
N/A
N/A
N/A
N/A
$5,339 .............................
$28,995 ...........................
$5,478.
$29,748.
N/A
N/A
$43,658 ...........................
$44,792.
N/A
N/A
$16,630 ...........................
$17,062.
N/A
N/A
$25,455 ...........................
$26,116.
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).
(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
$17,062 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
$8,531 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
$4,267 applies for violations of section
41712 or consumer protection rules or
orders (see 49 U.S.C. 46301(a)(5)(D)).
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amount
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PART 406—INVESTIGATIONS,
ENFORCEMENT, AND
ADMINISTRATIVE REVIEW
5. The authority citation for part 406
continues to read as follows:
■
Authority: 51 U.S.C. 50901–50923.
6. Amend § 406.9 by revising
paragraph (a) to read as follows:
■
§ 406.9
Civil penalties.
(a) Civil penalty liability. Under 51
U.S.C. 50917(c), a person found by the
Federal Aviation Administration (FAA)
to have violated a requirement of the
Act, a regulation issued under the Act,
or any term or condition of a license or
permit issued or transferred under the
Act, is liable to the United States for a
civil penalty of not more than $299,772
for each violation. A separate violation
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§ 307.19
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
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.
8. Amend § 401.102 by revising
paragraph (a) to read as follows:
■
§ 401.102
Title 49—Transportation
The owner or operator of a vessel in
the waterborne foreign commerce of the
United States is subject to a penalty of
$166 for each day of failure to file an
AMVER report required by this part.
Such penalty shall constitute a lien
upon the vessel, and such vessel may be
libeled in the district court of the United
States in which the vessel may be
found.
PART 340—PRIORITY USE AND
ALLOCATION OF SHIPPING
SERVICES, CONTAINERS AND
CHASSIS, AND PORT FACILITIES AND
SERVICES FOR NATIONAL SECURITY
AND NATIONAL DEFENSE RELATED
OPERATIONS
13. The authority citation for part 340
continues to read as follows:
■
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 $117,608.
*
*
*
*
*
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).
Title 46—Shipping
■
14. Section 340.9 is revised to read as
follows:
PART 221—REGULATED
TRANSACTIONS INVOLVING
DOCUMENTED VESSELS AND OTHER
MARITIME INTERESTS
9. The authority citation for part 221
continues to read as follows:
■
Authority: 46 U.S.C. chs. 301, 313, and
561; Pub. L. 114–74; 49 CFR 1.93.
10. Amend § 221.61 by revising
paragraph (b) to read as follows:
■
§ 221.61
Compliance.
*
*
*
*
*
(b) Pursuant to 46 U.S.C. 31309, a
general penalty of not more than
$26,212 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 $65,653
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
$26,380 for each violation.
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Penalties.
PART 307—ESTABLISHMENT OF
MANDATORY POSITION REPORTING
SYSTEM FOR VESSELS
11. The authority citation for part 307
continues to read as follows:
■
Authority: Pub. L. 109–304; 46 U.S.C.
50113; Pub. L. 114–74; 49 CFR 1.93.
12. Section 307.19 is revised to read
as follows:
■
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§ 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 $33,181 or
imprisoned for not more than one year,
or both.
PART 356—REQUIREMENTS FOR
VESSELS OF 100 FEET OR GREATER
IN REGISTERED LENGTH TO OBTAIN
A FISHERY ENDORSEMENT TO THE
VESSEL’S DOCUMENTATION
15. The authority citation for part 356
continues to read as follows:
■
Authority: 46 U.S.C. 12102; 46 U.S.C.
12151; 46 U.S.C. 31322; Pub. L. 105–277,
division C, title II, subtitle I, section 203 (46
U.S.C. 12102 note), section 210(e), and
section 213(g), 112 Stat. 2681; Pub. L. 107–
20, section 2202, 115 Stat. 168–170; Pub. L.
114–74; 49 CFR 1.93.
16. Amend § 356.49 by revising
paragraph (b) to read as follows:
■
§ 356.49
Penalties.
*
*
*
*
*
(b) A fine of up to $192,476 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
*
*
*
*
*
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PART 107—HAZARDOUS MATERIALS
PROGRAM PROCEDURES
17. The authority citation for part 107
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 Section 4; Pub. L. 104–121
Sections 212–213; Pub. L. 104–134 Section
31001; Pub. L. 114–74 Section 701 (28 U.S.C.
2461 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 $102,348 for each
violation, except the maximum civil
penalty is $238,809 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
$617 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 $102,348 for each
violation, except the maximum civil
penalty is $238,809 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
$617 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
■
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second paragraph, by removing
‘‘$99,756 or $232,762’’ and ‘‘January 6,
2023’’ and adding in their places
‘‘$102,348 or $238,809’’ and ‘‘December
30, 2024,’’ respectively.
PART 171—GENERAL INFORMATION,
REGULATIONS, AND DEFINITIONS
20. The authority citation for part 171
continues to read as follows:
■
Authority: 49 U.S.C. 5101–5128, 44701;
Pub. L. 101–410 section 4; Pub. L. 104–134,
section 31001; Pub. L. 114–74 section 4 (28
U.S.C. 2461 note); 49 CFR 1.81 and 1.97.
21. Amend § 171.1 by revising
paragraph (g) to read as follows:
■
§ 171.1 Applicability of Hazardous
Materials Regulations (HMR) to persons and
functions.
*
*
*
*
*
(g) Penalties for noncompliance. Each
person who knowingly violates a
requirement of the Federal hazardous
material transportation law, an order
issued under Federal hazardous
material transportation law, subchapter
A of this chapter, or a special permit or
approval issued under subchapter A or
C of this chapter is liable for a civil
penalty of not more than $102,348 for
each violation, except the maximum
civil penalty is $238,809 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
$617 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:
■
ddrumheller on DSK120RN23PROD with RULES1
§ 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 $272,926 for each
violation for each day the violation
continues, with a maximum
administrative civil penalty not to
exceed $2,729,245 for any related series
of violations.
*
*
*
*
*
(c) Any person found to have violated
any standard or order under 49 U.S.C.
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Jkt 265001
60103 is subject to an administrative
civil penalty not to exceed $99,704,
which may be in addition to other
penalties to which such person may be
subject under paragraph (a) of this
section.
(d) Any person who is determined to
have violated any standard or order
under 49 U.S.C. 60129 is subject to an
administrative civil penalty not to
exceed $1,584, which may be in
addition to other penalties to which
such person may be subject under
paragraph (a) of this section.
*
*
*
*
*
PART 209—RAILROAD SAFETY
ENFORCEMENT PROCEDURES
24. The authority citation for part 209
continues to read as follows:
■
Authority: 49 U.S.C. 5123, 5124, 20103,
20107, 20111, 20112, 20114; 28 U.S.C. 2461
note; and 49 CFR 1.89.
25. Amend § 209.103 by revising
paragraphs (a) and (c) to read as follows:
■
§ 209.103 Minimum and maximum
penalties.
(a) A person who knowingly violates
a requirement of the Federal hazardous
materials transportation laws, an order
issued thereunder, 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 $102,348 for each
violation, except that—
(1) The maximum civil penalty for a
violation is $238,809 if the violation
results in death, serious illness, or
severe injury to any person, or
substantial destruction of property; and
(2) A minimum $617 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 30, 2024.
■ 26. Amend § 209.105 by revising the
last sentence of paragraph (c) to read as
follows:
§ 209.105
Notice of probable violation.
*
*
*
*
*
(c) * * * In an amended notice, FRA
may change the civil penalty amount
proposed to be assessed up to and
including the maximum penalty amount
of $102,348 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 $238,809.
PO 00000
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§ 209.409
[Amended]
27. Amend § 209.409 as follows:
a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■ 28. Amend appendix A to part 209 in
the section ‘‘Penalty Schedules;
Assessment of Maximum Penalties’’ as
follows:
■ a. Add a sentence at the end of the
sixth paragraph;
■ b. Revise the fourth sentence in the
seventh paragraph; and
■ c. Revise the first sentence of the tenth
paragraph.
The addition and revisions read as
follows:
■
■
Appendix A to Part 209—Statement of
Agency Policy Concerning Enforcement
of the Federal Railroad Safety Laws
*
*
*
*
*
Penalty Schedules; Assessment of Maximum
Penalties
*
*
*
*
*
* * * Effective December 30, 2024, the
minimum civil monetary penalty was raised
from $1,086 to $1,114, the ordinary
maximum civil monetary penalty was raised
from $35,516 to $36,439, and the aggravated
maximum civil monetary penalty was raised
from $142,063 to $145,754.
* * * For each regulation in this part or
order, the schedule shows two amounts
within the $1,114 to $36,439 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 $145,754 per
violation where a pattern of repeated
violations or a grossly negligent violation has
created an imminent hazard of death or
injury or has caused death or injury. * * *
*
*
*
*
*
Appendix B to Part 209 [Amended]
29. Amend appendix B to part 209 as
follows:
■ a. Remove the dollar amount
‘‘$99,756’’ everywhere it appears and
add in its place ‘‘$102,348’’;
■ b. Remove the dollar amount
‘‘$232,762’’ everywhere it appears and
add in its place ‘‘$238,809’’; and
■ c. Remove the dollar amount ‘‘$601’’
and add in its place ‘‘$617’’ in the first
paragraph.
■
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§ 216.7
PART 213—TRACK SAFETY
STANDARDS
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.
§ 213.15
[Amended]
31. Amend § 213.15 in paragraph (a)
as follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
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 ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
■
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 ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
ddrumheller on DSK120RN23PROD with RULES1
■
■
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.
VerDate Sep<11>2014
21:04 Dec 27, 2024
Jkt 265001
[Amended]
37. Amend § 216.7 as follows:
a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
■
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 ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
■
PART 218—RAILROAD OPERATING
PRACTICES
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.
§ 218.9
[Amended]
40. Amend § 218.9 as follows:
a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
■
PART 219—CONTROL OF ALCOHOL
AND DRUG USE
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.
§ 219.10
[Amended]
42. Amend § 219.10 as follows:
a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
■
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PART 220—RAILROAD
COMMUNICATIONS
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.
§ 220.7
[Amended]
44. Amend § 220.7 as follows:
a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
■
PART 221—REAR END MARKING
DEVICE—PASSENGER, COMMUTER
AND FREIGHT TRAINS
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.
§ 221.7
[Amended]
46. Amend § 221.7 as follows:
a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
■
PART 222—USE OF LOCOMOTIVE
HORNS AT PUBLIC HIGHWAY-RAIL
GRADE CROSSINGS
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.
§ 222.11
[Amended]
48. Amend § 222.11 as follows:
a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
■
PART 223—SAFETY GLAZING
STANDARDS—LOCOMOTIVES,
PASSENGER CARS AND CABOOSES
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.
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§ 223.7
Federal Register / Vol. 89, No. 249 / Monday, December 30, 2024 / Rules and Regulations
[Amended]
50. Amend § 223.7 as follows:
a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
■
PART 228—PASSENGER TRAIN
EMPLOYEE HOURS OF SERVICE;
RECORDKEEPING AND REPORTING;
SLEEPING QUARTERS
57. The authority citation for part 228
continues to read as follows:
■
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. 103, 20103, 20107,
21101–21109; 49 U.S.C. 21301, 21303, 21304,
21311; 28 U.S.C. 2461 note; and 49 CFR 1.89.
Authority: 49 U.S.C. 20103, 20107, 20148
and 21301; 28 U.S.C. 2461 note; and 49 CFR
1.89.
§ 228.6
■
§ 224.11
[Amended]
52. Amend § 224.11 in paragraph (a)
as follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
PART 225—RAILROAD ACCIDENTS/
INCIDENTS: REPORTS
CLASSIFICATION, AND
INVESTIGATIONS
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.
§ 225.29
[Amended]
54. Amend § 225.29 as follows:
a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
PART 227—OCCUPATIONAL SAFETY
AND HEALTH IN THE LOCOMOTIVE
CAB
55. The authority citation for part 227
continues to read as follows:
■
[Amended]
56. Amend § 227.9 in paragraph (a) as
follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
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*
*
*
*
*
*
*
*
Penalty. * * * Effective December 30,
2024, the minimum civil monetary penalty
was raised from $1,086 to $1,114, the
ordinary maximum civil monetary penalty
was raised from $35,516 to $36,439, and the
aggravated maximum civil monetary penalty
was raised from $142,063 to $145,754.
*
*
*
*
*
PART 229—RAILROAD LOCOMOTIVE
SAFETY STANDARDS
60. The authority citation for part 229
is revised to read as follows:
■
Authority: 49 U.S.C. 20103, 20107, 20133,
20137–38, 20143, 20168, 20701–03, 21301–
02, 21304; 28 U.S.C. 2461 note; and 49 CFR
1.89.
§ 229.7
[Amended]
61. Amend § 229.7 in paragraph (b) as
follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount ‘‘$35,516
and add in its place ‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
Authority: 49 U.S.C. 20103, 20103 note,
20166, 20701–20703, 21301, 21302, 21304;
28 U.S.C. 2461 note; and 49 CFR 1.89.
■
*
General Provisions
*
■
■
§ 227.9
[Amended]
58. Amend § 228.6 in paragraph (a) as
follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■ 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
■
ddrumheller on DSK120RN23PROD with RULES1
b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
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PART 230—STEAM LOCOMOTIVE
INSPECTION AND MAINTENANCE
STANDARDS
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 ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
PART 231—RAILROAD SAFETY
APPLIANCE STANDARDS
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.
§ 231.0
[Amended]
65. Amend § 231.0 in paragraph (f) as
follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
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]
67. Amend § 233.11 as follows:
a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
■
PART 234—GRADE CROSSING
SAFETY
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.
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§ 234.6
§ 237.7
[Amended]
PART 235—INSTRUCTIONS
GOVERNING APPLICATIONS FOR
APPROVAL OF A DISCONTINUANCE
OR MATERIAL MODIFICATION OF A
SIGNAL SYSTEM OR RELIEF FROM
THE REQUIREMENTS OF PART 236
PART 238—PASSENGER EQUIPMENT
SAFETY STANDARDS
70. The authority citation for part 235
continues to read as follows:
§ 235.9
[Amended]
71. Amend § 235.9 as follows:
a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
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.
[Amended]
73. Amend § 236.0 in paragraph (f) as
follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
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PART 239—PASSENGER TRAIN
EMERGENCY PREPAREDNESS
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.
§ 239.11
[Amended]
79. Amend § 239.11 as follows:
a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
■
PART 240—QUALIFICATION AND
CERTIFICATION OF LOCOMOTIVE
ENGINEERS
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.
[Amended]
81. Amend § 240.11 in paragraph (a)
as follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■
74. The authority citation for part 237
continues to read as follows:
Authority: 49 U.S.C. 20102–20114; 28
U.S.C. 2461 note; Div. A, Sec. 417, Pub. L.
110–432, 122 Stat. 4848; and 49 CFR 1.89.
[Amended]
77. Amend § 238.11 in paragraph (a)
as follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
§ 240.11
PART 237—BRIDGE SAFETY
STANDARDS
■
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.
■
■
■
§ 236.0
76. The authority citation for part 238
continues to read as follows:
■
§ 238.11
Authority: 49 U.S.C. 20103, 20107; 28
U.S.C. 2461 note; and 49 CFR 1.89.
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c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
■
■
ddrumheller on DSK120RN23PROD with RULES1
[Amended]
75. Amend § 237.7 in paragraph (a) as
follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
69. Amend § 234.6 in paragraph (a) as
follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
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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 ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
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.
§ 242.11
[Amended]
85. Amend § 242.11 in paragraph (a)
as follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
PART 243—TRAINING,
QUALIFICATION, AND OVERSIGHT
FOR SAFETY-RELATED RAILROAD
EMPLOYEES
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.
§ 243.7
[Amended]
87. Amend § 243.7 in paragraph (a) as
follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
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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 ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■ b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
■
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 49 CFR 1.89.
§ 272.11
[Amended]
91. Amend § 272.11 in paragraph (a)
as follows:
■ a. Remove the dollar amount ‘‘$1,086’’
and add in its place ‘‘$1,114’’;
■
■
■
b. Remove the dollar amount
‘‘$35,516’’ and add in its place
‘‘$36,439’’; and
■ c. Remove the dollar amount
‘‘$142,063’’ and add in its place
‘‘$145,754’’.
*
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:
■
ddrumheller on DSK120RN23PROD with RULES1
Appendix A to Part 386—Penalty
Schedule: Violations of Notices and
Orders
*
*
*
*
*
II. Subpoena
Violation—Failure to respond to Agency
subpoena to appear and testify or produce
records.
Penalty—minimum of $1,365 but not more
than $13,676 per violation.
*
*
*
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*
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IV. Out-of-Service Order
a. Violation—Operation of a commercial
vehicle by a driver during the period the
driver was placed out of service.
Penalty—Up to $2,364 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 $23,647 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—$2,364 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 $23,647 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 $1,182 per violation.
*
*
*
*
g. Violation—Operating in violation of an
order issued under § 386.72(b) to cease all or
part of the employer’s commercial motor
vehicle operations or to cease part of an
intermodal equipment provider’s operations,
i.e., failure to cease operations as ordered.
Penalty—Up to $34,116 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 $29,980 per day the
operation continues after the effective date
and time of the out-of-service order.
i. Violation—Conducting operations during
a period of suspension under § 386.83 or
§ 386.84 for failure to pay penalties.
Penalty—Up to $19,246 for each day that
operations are conducted during the
suspension or revocation period.
j. Violation—Conducting operations during
a period of suspension or revocation under
§ 385.911, § 385.913, § 385.1009, or
§ 385.1011 of this subchapter.
Penalty—Up to $29,980 for each day that
operations are conducted during the
suspension or revocation period.
94. Amend appendix B to part 386 by
revising paragraphs (a)(1) through (5),
■
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(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 $1,584 for each day the
violation continues, up to $15,846.
(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 $15,846 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 $19,246 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 $4,812.
(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
$3,961 for a first conviction and not less than
$7,924 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 $7,155; 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
$3,961 for a first conviction and not less than
$7,924 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 $7,155 or
more than $39,615; and
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(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 $20,537.
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*
*
*
*
*
(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 $21,114. 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 $102,348 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
$617 and not more than $102,348 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 $102,348 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 $102,348.
(5) If any violation subject to the civil
penalties set out in paragraphs (e)(1) through
(4) of this appendix results in death, serious
illness, or severe injury to any person or in
substantial destruction of property, the civil
penalty may be increased to not more than
$238,809 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
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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 $34,116 (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 $102,348 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 $238,809 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 $13,676 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 $13,676 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 $34,116
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 $13,676 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 $18,766 for an intentional
violation and a maximum penalty of $46,918
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 $27,293 and
a maximum penalty of $54,585 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
$2,052 per violation.
(8) A person as described under paragraph
(i) or (ii) is liable for a minimum penalty of
$4,109 for the first violation and $10,269 for
each subsequent violation—
(i) Who falsifies, or authorizes an agent or
other person to falsify, documents used in
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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 $205,375 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 $410 for the first violation and
$513 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 $1,028 for the first violation
and up to $4,109 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 $1,028 for the
first violation and up to $4,109 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 $20,537
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 $1,365 and for a
maximum penalty of $10,269 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
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U.S.C. 14908 without the permission of the
shipper or consignee is liable for a maximum
penalty of $4,109.
(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 $1,028 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 $20,537 for each
violation. Each day of a continuing violation
constitutes a separate offense.
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*
*
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(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 $15,846 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 $39,615 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 $1,584 for each
offense. Each day of a continuing violation
constitutes a separate offense, except that the
total of all civil penalties against any violator
for all offenses related to a single violation
shall not exceed $15,846.
(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,
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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 $2,730 but not more than
$6,823 for the first violation and at least
$3,409 but not more than $10,224 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 $2,730 for the first violation or at
least $6,823 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:
■
§ 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 $27,874 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 $139,356,994.
(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 $15,846 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
$23,769,723.
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(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 $27,874 per
violation per day. The maximum
penalty under this paragraph (a)(3) for a
related series of daily violations is
$139,356,994.
(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 $6,823 per day. The
maximum penalty under this paragraph
(a)(4) for a related series of daily
violations is $1,364,624.
(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
$2,224 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 $3,650 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 $4,064,690.
(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 $3,650 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 $1,990,815.
(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
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United States Government for a civil
penalty of not more than $75,541 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 $2,224 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 $13,676 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 $1,364,624.
(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 $13,676, 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 $2,998 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 $749,432.
(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 $222,609 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 $52,468 for each violation. A
separate violation occurs for each day
the violation continues.
(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
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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), 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 $33 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 $51,668 per
vehicle or engine. The maximum civil
penalty for a related series of violations
shall be determined by multiplying
$51,668 times the vehicle or engine
production volume for the model year
in question within the regulatory
averaging set.
Signed in Washington, DC, on December
18, 2024.
Subash Iyer,
Acting General Counsel.
[FR Doc. 2024–30608 Filed 12–27–24; 8:45 am]
BILLING CODE 4910–57–P
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Part 91
Docket No. FAA–2015–8672; Amdt. No. 91–
340E]
RIN 2120–AL96
Extension of the Prohibition Against
Certain Flights in Specified Areas of
the Sanaa Flight Information Region
(FIR) (OYSC)
Federal Aviation
Administration (FAA), Department of
Transportation (DOT).
ACTION: Final rule.
AGENCY:
This action extends the
prohibition against certain flight
operations in specified areas of the
Sanaa Flight Information Region (FIR)
(OYSC) by all: U.S. air carriers; U.S.
commercial operators; persons
exercising the privileges of an airman
certificate issued by the FAA, except
when such persons are operating U.S.registered aircraft for a foreign air
carrier; and operators of U.S.-registered
civil aircraft, except when the operator
SUMMARY:
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of such aircraft is a foreign air carrier,
for an additional three years, from
January 7, 2025, until January 7, 2028.
The FAA finds this action necessary to
address significant, unacceptable safetyof-flight risks to U.S. civil aviation
operations in the specified areas of the
Sanaa FIR (OYSC) stemming from
heightened regional tensions associated
with Houthi weapons employment and
operational activities. Most recently,
Houthi forces have engaged in increased
weapons employment and operational
activities related to the Israel-Gaza
Conflict, leading in some cases to air
defense responses. The FAA also takes
into account the Houthis’ recent history
of having conducted long-range attacks
emanating from the Sanaa FIR (OYSC)
in other directions, notably against
Saudi Arabia and the United Arab
Emirates (UAE) in 2022. The FAA also
republishes the approval process and
exemption information for this Special
Federal Aviation Regulation (SFAR),
consistent with other recently published
flight prohibition SFARs.
DATES: This final rule is effective on
December 30, 2024.
FOR FURTHER INFORMATION CONTACT: Bill
Petrak, Flight Standards Service,
through the Washington Operations
Center, Federal Aviation
Administration, 800 Independence
Avenue SW, Washington, DC 20591;
telephone (202) 267–3203; email 9-FAAOverseasFlightProhibitions@faa.gov.
SUPPLEMENTARY INFORMATION:
I. Executive Summary
This action extends the expiration
date of SFAR No. 115, title 14 Code of
Federal Regulations (14 CFR) 91.1611,
from January 7, 2025, until January 7,
2028. SFAR No. 115 prohibits certain
flight operations in the specified areas
of the Sanaa FIR (OYSC) by all: U.S. air
carriers; U.S. commercial operators;
persons exercising the privileges of an
airman certificate issued by the FAA,
except when such persons are operating
U.S.-registered aircraft for a foreign air
carrier; and operators of U.S.-registered
civil aircraft, except when the operator
of such aircraft is a foreign air carrier.
Since the start of the Israel-Gaza
Conflict, Houthi forces have launched
numerous long-range weaponized
unmanned aircraft systems (UAS),
missiles, and rockets out of Houthicontrolled territories in Yemen toward
intended targets in Israel, the Red Sea,
the Gulf of Aden, and the Arabian Sea.
These attacks have been likely attempts
to strike Israel and hold maritime
shipping in the Red Sea, the Gulf of
Aden, and the Arabian Sea at risk. Prior
to the 2022 UN brokered ceasefire,
E:\FR\FM\30DER1.SGM
30DER1
Agencies
[Federal Register Volume 89, Number 249 (Monday, December 30, 2024)]
[Rules and Regulations]
[Pages 106282-106301]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2024-30608]
[[Page 106282]]
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DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
14 CFR Parts 13 and 406
Office of the Secretary
14 CFR Part 383
Great Lakes St. Lawrence Seaway Development Corporation
33 CFR Part 401
Maritime Administration
46 CFR Parts 221, 307, 340, and 356
Pipeline and Hazardous Materials Safety Administration
49 CFR Parts 107, 171, and 190
Federal Railroad Administration
49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222,
223, 224, 225, 227, 228, 229, 230, 231, 233, 234, 235, 236, 237,
238, 239, 240, 241, 242, 243, 244, and 272
Federal Motor Carrier Safety Administration
49 CFR Part 386
National Highway Traffic Safety Administration
49 CFR Part 578
RIN 2105-AF16
Revisions to Civil Penalty Amounts, 2025
AGENCY: Department of Transportation (DOT or the Department).
ACTION: Final rule.
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SUMMARY: This final rule provides the statutorily prescribed 2025
adjustment to civil penalty amounts that may be imposed for violations
of certain DOT regulations.
DATES: This rule is effective December 30, 2024.
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-25-02, available at https://www.whitehouse.gov/omb/information-for-agencies/memoranda/, which provides instructions on how
to calculate the 2025 annual adjustment. To derive the 2025 adjustment,
the Department must multiply the maximum or minimum penalty amount by
the percent change between the October 2024 Consumer Price Index for
All Urban Consumers (CPI-U) and the October 2023 CPI-U. In this case,
as explained in OMB Memorandum M-25-02, the percent change between the
October 2024 CPI-U and the October 2023 CPI-U is 1.02598.\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.
---------------------------------------------------------------------------
On May 16, 2024, the President signed the FAA Reauthorization Act
of 2024 (2024 Reauthorization Act) (Pub. L. 118-63) into law. Updates
to the Department's civil penalties authority in the 2024
Reauthorization Act are reflected, as appropriate, in this final rule.
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 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) 2025 Adjustments
OST's 2025 civil penalty adjustments are summarized in the chart
below. Pursuant to section 507 of the 2024 Reauthorization Act, the
Department increased the maximum civil penalty in 49 U.S.C. 46301(a)(1)
to $75,000 for persons who are not individuals or small business
concerns.\3\ The maximum penalty for individuals and small business
concerns was not
[[Page 106283]]
changed by the 2024 Reauthorization Act.
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\3\ The 2015 Act specifies that if a civil penalty is increased
by an amount greater than the amount of the required adjustment
during the 12-month period preceding the required adjustment, the
Secretary is not required to make the adjustment for that year.
Consistent with this provision, the $75,000 amount will not be
increased in this 2025 adjustment.
---------------------------------------------------------------------------
Also, subsection 542(a) of the 2024 Reauthorization Act requires
DOT to issue a notice of proposed rulemaking to develop requirements
for minimum training standards related to stowing on an aircraft
wheelchairs and scooters used by passengers with disabilities.
Subsections (b) and (c) specify requirements of the rule and
considerations that the Department must make in conducting the
rulemaking. Subsection (d) requires issuance of a final rule, and
subsection (e) authorizes DOT to assess a civil penalty in accordance
with 49 U.S.C. 46301 against any air carrier or foreign air carrier who
does not meet the requirements established in the rulemaking. In
addition, subsection 543(a) of the 2024 Reauthorization Act requires
DOT to issue a notice of proposed rulemaking to develop requirements
for minimum training standards for airline personnel or contractors who
assist wheelchair users who board or deplane using an aisle chair or
other boarding device. Subsections (b) and (c) specify requirements of
the rule and considerations that the Department must make in conducting
the rulemaking. Subsection (d) requires issuance of a final rule, and
subsection (e) authorizes DOT to assess a civil penalty in accordance
with 49 U.S.C. 46301 against any air carrier or foreign air carrier who
does not meet the requirements established in the rulemaking. DOT will
conduct the rulemakings as required by the 2024 Reauthorization Act.
Any penalties would subsequently be included and updated in the
Department's annual civil penalties update rulemaking.
----------------------------------------------------------------------------------------------------------------
New penalty
Description Citation Existing (existing penalty
penalty x 1.02598)
----------------------------------------------------------------------------------------------------------------
General civil penalty for violations of 49 U.S.C. 46301(a)(1)......... $41,577 $75,000
certain aviation economic regulations and
statutes.
General civil penalty for violations of 49 U.S.C. 46301(a)(1)......... 1,828 1,875
certain aviation economic regulations and
statutes involving an individual or small
business concern.
Civil penalties for individuals or small 49 U.S.C. 46301(a)(5)(A)...... 16,630 17,062
businesses for violations of most
provisions of Chapter 401 of Title 49,
including the anti-discrimination
provisions of sections 40127 and 41705 and
rules and orders issued pursuant to these
provisions.
Civil penalties for individuals or small 49 U.S.C. 46301(a)(5)(C)...... 8,315 8,531
businesses for violations of 49 U.S.C.
41719 and rules and orders issued pursuant
to that provision.
Civil penalties for individuals or small 49 U.S.C. 46301(a)(5)(D)...... 4,159 4,267
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) 2025 Adjustments
FAA's 2025 civil penalty adjustments are summarized in the chart
below. Pursuant to section 507 of the 2024 Reauthorization Act, the
Department increased the maximum civil penalty in 49 U.S.C. 46301(a)(1)
to $75,000 for persons who are not individuals or small business
concerns. The Department also added the civil penalty specified in
section 770 of the 2024 Reauthorization Act for violations of 47 U.S.C.
47107(a)(22) related to the restriction or prohibition of the sale or
self-fueling of any 100-octane low lead aviation gasoline, including
any grant assurances made under that section.\4\
---------------------------------------------------------------------------
\4\ As noted in footnote 3, the 2015 Act specifies that if a
civil penalty is increased by an amount greater than the amount of
the required adjustment during the 12-month period preceding the
required adjustment, the Secretary is not required to make the
adjustment for that year. Consistent with this provision, the $5,000
amount will not be increased in this 2025 adjustment.
----------------------------------------------------------------------------------------------------------------
New penalty
Description Citation Existing (existing penalty
penalty x 1.02598)
----------------------------------------------------------------------------------------------------------------
Violation of hazardous materials 49 U.S.C. 5123(a)(1).......... $99,756 $102,348
transportation law.
Violation of hazardous materials 49 U.S.C. 5123(a)(2).......... 232,762 238,809
transportation law resulting in death,
serious illness, severe injury, or
substantial property destruction.
Minimum penalty for violation of hazardous 49 U.S.C. 5123(a)(3).......... 601 617
materials transportation law relating to
training.
Maximum penalty for violation of hazardous 49 U.S.C. 5123(a)(3).......... 99,756 102,348
materials transportation law relating to
training.
Knowing presentation of a nonconforming 49 U.S.C. 44704(d)(3)(B)...... 1,181,581 1,212,278
aircraft for issuance of an initial
airworthiness certificate by a production
certificate holder.
Knowing failure by an applicant for or 49 U.S.C. 44704(e)(4)(A)...... 1,181,582 1,212,278
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.......... 30,417 31,207
unmanned aircraft system equipped or armed
with a dangerous weapon.
Violation by a person other than an 49 U.S.C. 46301(a)(1)......... 41,577 75,000
individual or small business concern under
49 U.S.C. 46301(a)(1)(A) or (B).
Violation by an airman serving as an airman 49 U.S.C. 46301(a)(1)......... 1,828 1,875
under 49 U.S.C. 46301(a)(1)(A) or (B) (but
not covered by 46301(a)(5)(A) or (B)).
Violation by an individual or small business 49 U.S.C. 46301(a)(1)......... 1,828 1,875
concern under 49 U.S.C. 46301(a)(1)(A) or
(B) (but not covered in 49 U.S.C.
46301(a)(5)).
[[Page 106284]]
Violation by an individual or small business 49 U.S.C. 46301(a)(5)(A)...... 16,630 17,062
concern (except an airman serving as an
airman) under 49 U.S.C. 46301(a)(5)(A)(i)
or (ii).
Violation by an individual or small business 49 U.S.C. 46301(a)(5)(B)(i)... 16,630 17,062
concern related to the transportation of
hazardous materials.
Violation by an individual or small business 49 U.S.C. 46301(a)(5)(B)(ii).. 16,630 17,062
concern related to the registration or
recordation under 49 U.S.C. chapter 441, of
an aircraft not used to provide air
transportation.
Violation by an individual or small business 49 U.S.C. 46301(a)(5)(B)(iii). 16,630 17,062
concern of 49 U.S.C. 44718(d), relating to
limitation on construction or establishment
of landfills.
Violation by an individual or small business 49 U.S.C. 46301(a)(5)(B)(iv).. 16,630 17,062
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 49 U.S.C. 46301 note.......... 31,819 32,646
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)............ 5,339 5,478
Knowingly providing false information about 49 U.S.C. 46302............... 28,995 29,748
alleged violation involving the special
aircraft jurisdiction of the United States.
Physical or sexual assault or threat to 49 U.S.C. 46318............... 43,658 44,792
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 49 U.S.C. 46319............... 16,630 17,062
providing sufficient notice.
Operating an unmanned aircraft and in so 49 U.S.C. 46320............... 25,455 26,116
doing knowingly or recklessly interfering
with a wildfire suppression, law
enforcement, or emergency response effort.
Violation of 49 U.S.C. 41707(a)(22), 49 U.S.C. 46301(a)(8)......... N/A 5,000
including any grant assurances made under
that section.
Violation of 51 U.S.C. 50901-50923, a 51 U.S.C. 50917(c)............ 292,181 299,772
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) 2025
Adjustments
NHTSA's 2025 civil penalty adjustments are summarized in the chart
below.
----------------------------------------------------------------------------------------------------------------
New penalty
Description Citation Existing (existing penalty
penalty x 1.02598)
----------------------------------------------------------------------------------------------------------------
Maximum penalty amount for each violation 49 U.S.C. 30165(a)(1), $27,168 $27,874
of: 49 U.S.C. 30112, 30115, 30117-30122, 30165(a)(3).
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 49 U.S.C. 30165(a)(1), 135,828,178 139,356,994
of violations of: 49 U.S.C. 30112, 30115, 30165(a)(3).
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 49 U.S.C. 30165(a)(2)(A)...... 15,445 15,846
violation of 49 U.S.C. 30112(a)(1) or
30112(a)(2).
Maximum penalty amount for a series of 49 U.S.C. 30165(a)(2)(B)...... 23,167,823 23,769,723
school bus related violations of 49 U.S.C.
30112(a)(1) or 30112(a)(2).
Maximum penalty per violation for filing 49 U.S.C. 30165(a)(4)......... 6,650 6,823
false or misleading reports.
Maximum penalty amount for a series of 49 U.S.C. 30165(a)(4)......... 1,330,069 1,364,624
violations related to filing false or
misleading reports.
Maximum penalty amount for each violation of 49 U.S.C. 30505............... 2,168 2,224
the reporting requirements related to
maintaining the National Motor Vehicle
Title Information System.
Maximum penalty amount for each violation of 49 U.S.C. 32507(a)............ 3,558 3,650
a bumper standard under 49 U.S.C. 32506.
Maximum penalty amount for a series of 49 U.S.C. 32507(a)............ 3,961,763 4,064,690
violations of a bumper standard under 49
U.S.C. 32506.
Maximum penalty amount for each violation of 49 U.S.C. 32308(b)............ 3,558 3,650
49 U.S.C. 32308(a) related to providing
information on crashworthiness and damage
susceptibility.
Maximum penalty amount for a series of 49 U.S.C. 32308(b)............ 1,940,403 1,990,815
violations of 49 U.S.C. 32308(a) related to
providing information on crashworthiness
and damage susceptibility.
[[Page 106285]]
Maximum penalty for each violation related 49 U.S.C. 32308(c)............ 73,628 75,541
to the tire fuel efficiency information
program.
Maximum civil penalty for willfully failing 49 U.S.C. 32309............... 2,168 2,224
to affix, or failing to maintain, the label
required in 49 U.S.C. 32304.
Maximum penalty amount per violation related 49 U.S.C. 32709............... 13,300 13,676
to odometer tampering and disclosure.
Maximum penalty amount for a related series 49 U.S.C. 32709............... 1,330,069 1,364,624
of violations related to odometer tampering
and disclosure.
Maximum penalty amount per violation related 49 U.S.C. 32710............... 13,330 13,676
to odometer tampering and disclosure with
intent to defraud.
Maximum penalty amount for each violation of 49 U.S.C. 33115(a)............ 2,922 2,998
49 U.S.C. 33114(a)(1)-(4).
Maximum penalty amount for a related series 49 U.S.C. 33115(a)............ 730,455 749,432
of violations of 49 U.S.C. 33114(a)(1)-(4).
Maximum civil penalty for violations of 49 49 U.S.C. 33115(b)............ 216,972 222,609
U.S.C. 33114(a)(5).
Maximum civil penalty for violations under 49 U.S.C 32912(a)............. 51,139 52,468
49 U.S.C. 32911(a) related to automobile
fuel economy.
Civil penalty factor for violations of fuel 49 U.S.C. 32912(b)............ 17 17
economy standards prescribed for a model
year under 49 U.S.C. 32902.\5\
Maximum civil penalty factor that may be 49 U.S.C. 32912(c)(1)(B)...... 32 33
prescribed for fuel economy standards under
49 U.S.C. 32912(c)(1)(A).
Maximum civil penalty for a violation under 49 U.S.C. 32902............... 50,360 51,668
the medium- and heavy-duty vehicle fuel
efficiency program.
----------------------------------------------------------------------------------------------------------------
D. Federal Motor Carrier Safety Administration (FMCSA) 2025 Adjustments
FMCSA's civil penalties affected by this rule are all located in
appendices A and B to 49 CFR part 386. The 2025 adjustments to these
civil penalties are summarized in the chart below. Note that in the
regulatory text for the 2023 update, the penalty for violations of
Appendix A IV (i) Out-of-service order (conducting operations during
suspension or revocation for failure to pay penalties) and the penalty
for Appendix B (a)(3) Non-recordkeeping violations were incorrectly
stated as $18,758. The correct dollar amount, as stated in the preamble
of the 2023 update, was $18,759. The error in the regulatory text has
been corrected in this 2024 update, reflecting a penalty for this 2025
update of $19,246.
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\5\ 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 years 2024 and 2025, the civil
penalty is $17.
----------------------------------------------------------------------------------------------------------------
New penalty
Existing (existing
Description Citation penalty penalty x
1.02598)
----------------------------------------------------------------------------------------------------------------
Appendix A II Subpoena........................ 49 U.S.C. 525................... $1,330 $1,365
Appendix A II Subpoena........................ 49 U.S.C. 525................... 13,300 13,676
Appendix A IV (a) Out-of-service order 49 U.S.C. 521(b)(7)............. 2,304 2,364
(operation of commercial motor vehicle (CMV)
by driver).
Appendix A IV (b) Out-of-service order 49 U.S.C. 521(b)(7)............. 23,048 23,647
(requiring or permitting operation of CMV by
driver).
Appendix A IV (c) Out-of-service order 49 U.S.C. 521(b)(7)............. 2,304 2,364
(operation by driver of CMV or intermodal
equipment that was placed out of service).
Appendix A IV (d) Out-of-service order 49 U.S.C. 521(b)(7)............. 23,048 23,647
(requiring or permitting operation of CMV or
intermodal equipment that was placed out of
service).
Appendix A IV (e) Out-of-service order 49 U.S.C. 521(b)(2)(B).......... 1,152 1,182
(failure to return written certification of
correction).
Appendix A IV (g) Out-of-service order 49 U.S.C. 521(b)(2)(F).......... 33,252 34,116
(failure to cease operations as ordered).
Appendix A IV (h) Out-of-service order 49 U.S.C. 521(b)(7)............. 29,221 29,980
(operating in violation of order).
Appendix A IV (i) Out-of-service order 49 U.S.C. 521(b)(2)(A) and 18,759 19,246
(conducting operations during suspension or (b)(7).
revocation for failure to pay penalties).
Appendix A IV (j) (conducting operations 49 U.S.C. 521(b)(7)............. 29,221 29,980
during suspension or revocation).
Appendix B (a)(1) Recordkeeping--maximum 49 U.S.C. 521(b)(2)(B)(i)....... 1,544 1,584
penalty per day.
Appendix B (a)(1) Recordkeeping--maximum total 49 U.S.C. 521(b)(2)(B)(i)....... 15,445 15,846
penalty.
Appendix B (a)(2) Knowing falsification of 49 U.S.C. 521(b)(2)(B)(ii)...... 15,445 15,846
records.
Appendix B (a)(3) Non- recordkeeping 49 U.S.C. 521(b)(2)(A).......... 18,759 19,246
violations.
[[Page 106286]]
Appendix B (a)(4) Non- recordkeeping 49 U.S.C. 521(b)(2)(A).......... 4,690 4,812
violations by drivers.
Appendix B (a)(5) Violation of 49 CFR 392.5 49 U.S.C. 31310(i)(2)(A)........ 3,861 3,961
(first conviction).
Appendix B (a)(5) Violation of 49 CFR 392.5 49 U.S.C. 31310(i)(2)(A)........ 7,723 7,924
(second or subsequent conviction).
Appendix B (b) Commercial driver's license 49 U.S.C. 521(b)(2)(C).......... 6,974 7,155
(CDL) violations.
Appendix B (b)(1): Special penalties 49 U.S.C. 31310(i)(2)(A)........ 3,861 3,961
pertaining to violation of out-of-service
orders (first conviction).
Appendix B (b)(1) Special penalties pertaining 49 U.S.C. 31310(i)(2)(A)........ 7,723 7,924
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).......... 6,974 7,155
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)........ 38,612 39,615
pertaining to knowingly allowing, authorizing
employee violations of out-of-service order
(maximum penalty).
Appendix B (b)(3) Special penalties pertaining 49 U.S.C. 31310(j)(2)(B)........ 20,017 20,537
to railroad-highway grade crossing violations.
Appendix B (d) Financial responsibility 49 U.S.C. 31138(d)(1), 20,579 21,114
violations. 31139(g)(1).
Appendix B (e)(1) Violations of Hazardous 49 U.S.C. 5123(a)(1)............ 99,756 102,348
Materials Regulations (HMRs) and Safety
Permitting Regulations (transportation or
shipment of hazardous materials).
Appendix B (e)(2) Violations of Hazardous 49 U.S.C. 5123(a)(3)............ 601 617
Materials Regulations (HMRs) and Safety
Permitting Regulations (training)--minimum
penalty.
Appendix B (e)(2): Violations of Hazardous 49 U.S.C. 5123(a)(1)............ 99,756 102,348
Materials Regulations (HMRs) and Safety
Permitting Regulations (training)--maximum
penalty.
Appendix B (e)(3) Violations of Hazardous 49 U.S.C. 5123(a)(1)............ 99,756 102,348
Materials Regulations (HMRs) and Safety
Permitting Regulations (packaging or
container).
Appendix B (e)(4): Violations of Hazardous 49 U.S.C. 5123(a)(1)............ 99,756 102,348
Materials Regulations (HMRs) and Safety
Permitting Regulations (compliance with
FMCSRs).
Appendix B (e)(5) Violations of Hazardous 49 U.S.C. 5123(a)(2)............ 232,762 238,809
Materials Regulations (HMRs) and Safety
Permitting Regulations (death, serious
illness, severe injury to persons;
destruction of property).
Appendix B (f)(1) Operating after being 49 U.S.C. 521(b)(2)(F).......... 33,252 34,116
declared unfit by assignment of a final
``unsatisfactory'' safety rating (generally).
Appendix B (f)(2) Operating after being 49 U.S.C. 5123(a)(1)............ 99,756 102,348
declared unfit by assignment of a final
``unsatisfactory'' safety rating (hazardous
materials)-maximum penalty.
Appendix B (f)(2): Operating after being 49 U.S.C. 5123(a)(2)............ 232,762 238,809
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).............. 13,300 13,676
commercial regulations (CRs) (property
carriers).
Appendix B (g)(2) Violations of the CRs 49 U.S.C. 14916(c).............. 13,300 13,676
(brokers).
Appendix B (g)(3) Violations of the CRs 49 U.S.C. 14901(a).............. 33,252 34,116
(passenger carriers).
Appendix B (g)(4) Violations of the CRs 49 U.S.C. 14901(a).............. 13,300 13,676
(foreign motor carriers, foreign motor
private carriers).
Appendix B (g)(5) Violations of the operating 49 U.S.C. 14901 note............ 18,291 18,766
authority requirement (foreign motor
carriers, foreign motor private carriers)--
maximum penalty for intentional violation.
Appendix B (g)(5) Violations of the operating 49 U.S.C. 14901 note............ 45,730 46,918
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 49 U.S.C. 14901(b).............. 26,602 27,293
carrier or broker for transportation of
hazardous wastes)--minimum penalty.
[[Page 106287]]
Appendix B (g)(6) Violations of the CRs (motor 49 U.S.C. 14901(b).............. 53,203 54,585
carrier or broker for transportation of
hazardous wastes)--maximum penalty.
Appendix B (g)(7): Violations of the CRs 49 U.S.C. 14901(d)(1)........... 2,000 2,052
(household goods (HHG) carrier or freight
forwarder, or their receiver or trustee).
Appendix B (g)(8) Violation of the CRs (weight 49 U.S.C. 14901(e).............. 4,005 4,109
of HHG shipment, charging for services)--
minimum penalty for first violation.
Appendix B (g)(8) Violation of the CRs (weight 49 U.S.C. 14901(e).............. 10,009 10,269
of HHG shipment, charging for services)--
minimum penalty for subsequent violation.
Appendix B (g)(10) Tariff violations.......... 49 U.S.C. 13702, 14903.......... 200,174 205,375
Appendix B (g)(11) Additional tariff 49 U.S.C. 14904(a).............. 400 410
violations (rebates or concessions)--first
violation.
Appendix B (g)(11) Additional tariff 49 U.S.C. 14904(a).............. 500 513
violations (rebates or concessions)--
subsequent violations.
Appendix B (g)(12): Tariff violations (freight 49 U.S.C. 14904(b)(1)........... 1,002 1,028
forwarders)--maximum penalty for first
violation.
Appendix B (g)(12): Tariff violations (freight 49 U.S.C. 14904(b)(1)........... 4,005 4,109
forwarders)--maximum penalty for subsequent
violations.
Appendix B (g)(13): service from freight 49 U.S.C. 14904(b)(2)........... 1,002 1,028
forwarder at less than rate in effect--
maximum penalty for first violation.
Appendix B (g)(13): service from freight 49 U.S.C. 14904(b)(2)........... 4,005 4,109
forwarder at less than rate in effect--
maximum penalty for subsequent violation(s).
Appendix B (g)(14): Violations related to 49 U.S.C. 14905................. 20,017 20,537
loading and unloading motor vehicles.
Appendix B (g)(16): Reporting and 49 U.S.C. 14901................. 1,330 1,365
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................. 10,009 10,269
recordkeeping under 49 U.S.C. subtitle IV,
part B--maximum penalty.
Appendix B (g)(17): Unauthorized disclosure of 49 U.S.C. 14908................. 4,005 4,109
information.
Appendix B (g)(18): Violation of 49 U.S.C. 49 U.S.C. 14910................. 1,002 1,028
subtitle IV, part B, or condition of
registration.
Appendix B (g)(21)(i): Knowingly and willfully 49 U.S.C. 14915................. 20,017 20,537
fails to deliver or unload HHG at destination.
Appendix B (g)(22): HHG broker estimate before 49 U.S.C. 14901(d)(2)........... 15,445 15,846
entering into an agreement with a motor
carrier.
Appendix B (g)(23): HHG transportation or 49 U.S.C. 14901 (d)(3).......... 38,612 39,615
broker services--registration requirement.
Appendix B (h): Copying of records and access 49 U.S.C. 521(b)(2)(E).......... 1,544 1,584
to equipment, lands, and buildings--maximum
penalty per day.
Appendix B (h): Copying of records and access 49 U.S.C. 521(b)(2)(E).......... 15,445 15,846
to equipment, lands, and buildings--maximum
total penalty.
Appendix B (i)(1): Evasion of regulations 49 U.S.C. 524................... 2,661 2,730
under 49 U.S.C. ch. 5, 51, subchapter III of
ch. 311 (except 31138 and 31139), 31302-
31304, 31305(b), 31310(g)(1)(A), or 31502--
minimum penalty for first violation.
Appendix B (i)(1): Evasion of regulations 49 U.S.C. 524................... 6,650 6,823
under 49 U.S.C. ch. 5, 51, subchapter III of
ch. 311 (except 31138 and 31139), 31302-
31304, 31305(b), 31310(g)(1)(A), or 31502--
maximum penalty for first violation.
Appendix B (i)(1): Evasion of regulations 49 U.S.C. 524................... 3,323 3,409
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).
[[Page 106288]]
Appendix B (i)(1): Evasion of regulations 49 U.S.C. 524................... 9,965 10,224
under 49 U.S.C. ch. 5, 51, subchapter III of
ch. 311 (except 31138 and 31139), 31302-
31304, 31305(b), 31310(g)(1)(A), or 31502--
maximum penalty for subsequent violation(s).
Appendix B (i)(2): Evasion of regulations 49 U.S.C. 14906................. 2,661 2,730
under 49 U.S.C. subtitle IV, part B--minimum
penalty for first violation.
Appendix B (i)(2): Evasion of regulations 49 U.S.C. 14906................. 6,650 6,823
under 49 U.S.C. subtitle IV, part B--minimum
penalty for subsequent violation(s).
----------------------------------------------------------------------------------------------------------------
E. Federal Railroad Administration (FRA) 2025 Adjustments
FRA's 2025 civil penalty adjustments are summarized in the chart
below.
----------------------------------------------------------------------------------------------------------------
New penalty
Description Citation Existing (existing penalty
penalty x 1.02598)
----------------------------------------------------------------------------------------------------------------
Minimum rail safety penalty................. 49 U.S.C. ch. 213.............. $1,086 $1,114
Ordinary maximum rail safety penalty........ 49 U.S.C. ch. 213.............. 35,516 36,439
Maximum penalty for an aggravated rail 49 U.S.C. ch. 213.............. 142,063 145,754
safety violation.
Minimum penalty for hazardous materials 49 U.S.C. 5123................. 601 617
training violations.
Maximum penalty for ordinary hazardous 49 U.S.C. 5123................. 99,756 102,348
materials violations.
Maximum penalty for aggravated hazardous 49 U.S.C. 5123................. 232,762 238,809
materials violations.
----------------------------------------------------------------------------------------------------------------
F. Pipeline and Hazardous Materials Safety Administration (PHMSA) 2025
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 2025 civil penalty adjustments are summarized in
the chart below.
----------------------------------------------------------------------------------------------------------------
New penalty
Description Citation Existing (existing penalty
penalty x 1.02598
----------------------------------------------------------------------------------------------------------------
Maximum penalty for hazardous materials 49 U.S.C. 5123................. $99,756 $102,348
violation.
Maximum penalty for hazardous materials 49 U.S.C. 5123................. 232,762 238,809
violation that results in death, serious
illness, or severe injury to any person or
substantial destruction of property.
Minimum penalty for hazardous materials 49 U.S.C. 5123................. 601 617
training violations.
Maximum penalty for each pipeline safety 49 U.S.C. 60122(a)(1).......... 266,015 272,926
violation.
Maximum penalty for a related series of 49 U.S.C. 60122(a)(1).......... 2,660,135 2,729,245
pipeline safety violations.
Maximum additional penalty for each 49 U.S.C. 60122(a)(2).......... 97,179 99,704
liquefied natural gas pipeline facility
violation.
Maximum penalty for discrimination against 49 U.S.C. 60122(a)(3).......... 1,544 1,584
employees providing pipeline safety
information.
----------------------------------------------------------------------------------------------------------------
[[Page 106289]]
G. Maritime Administration (MARAD) 2025 Adjustments
MARAD's 2025 civil penalty adjustments are summarized in the chart
below.
----------------------------------------------------------------------------------------------------------------
New penalty
Description Citation Existing (existing penalty
penalty x 1.02598)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for a single violation 46 U.S.C. 31309................ $25,548 $26,212
of any provision under 46 U.S.C. Chapter
313 and all of Subtitle III related MARAD
regulations, except for violations of 46
U.S.C. 31329.
Maximum civil penalty for a single violation 46 U.S.C. 31330................ 63,991 65,653
of 46 U.S.C. 31329 as it relates to the
court sales of documented vessels.
Maximum civil penalty for a single violation 46 U.S.C. 56101(e)............. 25,712 26,380
of 46 U.S.C. 56101 as it relates to
approvals required to transfer a vessel to
a noncitizen.
Maximum civil penalty for failure to file an 46 U.S.C. 50113(b)............. 162 166
Automated Mutual Assistance Vessel Rescue
System (AMVER) report.
Maximum civil penalty for violating 50 U.S.C. 4513................. 32,341 33,181
procedures for the use and allocation of
shipping services, port facilities and
services for national security and national
defense operations.
Maximum civil penalty for violations in 46 U.S.C. 12151................ 187,602 192,476
applying for or renewing a vessel's fishery
endorsement.
----------------------------------------------------------------------------------------------------------------
H. Great Lakes St. Lawrence Seaway Development Corporation (GLS) 2025
Adjustments
The 2025 civil penalty adjustment for GLS is as follows:
----------------------------------------------------------------------------------------------------------------
New penalty
Description Citation Existing (existing penalty
penalty x 1.02598)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for each violation of 33 U.S.C. 1232................. $114,630 $117,608
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.
[[Page 106290]]
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 1508.1. In analyzing the applicability of a
categorical exclusion, the agency must also consider whether
extraordinary circumstances are present that would warrant the
preparation of an EA or EIS. Id. Paragraph 4(c)(5) of DOT Order 5610.1C
incorporates 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 in
14 CFR Part 13
Administrative practice and procedure, Air transportation,
Hazardous materials transportation, Investigations, Law enforcement,
Penalties.
14 CFR Part 383
Administrative practice and procedure, Penalties.
14 CFR Part 406
Administrative procedure and review, Commercial space
transportation, Enforcement, Investigations, Penalties, Rules of
adjudication.
33 CFR Part 401
Hazardous materials transportation, Navigation (water), Penalties,
Radio, Reporting and recordkeeping requirements, Vessels, Waterways.
46 CFR Part 221
Administrative practice and procedure, Maritime carriers,
Mortgages, Penalties, Reporting and recordkeeping requirements, Trusts
and trustees.
46 CFR Part 307
Marine safety, Maritime carriers, Penalties, Reporting and
recordkeeping requirements.
46 CFR Part 340
Harbors, Maritime carriers, National defense, Packaging and
containers.
46 CFR Part 356
Citizenship and naturalization, Fishing vessels, Mortgages,
Penalties, Reporting and recordkeeping requirements, Vessels.
49 CFR Part 107
Administrative practices and procedure, Hazardous materials
transportation, Packaging and containers, Penalties, Reporting and
recordkeeping requirements.
49 CFR Part 171
Administrative practice and procedure, Exports, Hazardous materials
transportation, Hazardous waste, Imports, Information, Reporting and
recordkeeping requirements.
49 CFR Part 190
Administrative practice and procedure, Penalties, Pipeline safety.
49 CFR Part 209
Administrative practice and procedure, Hazardous materials
transportation, Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Parts 213, 216, 217, 221, 224, 229, 230, 232, 233, and 239
Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 214
Bridges, Occupational safety and health, Penalties, Railroad
safety, Reporting and recordkeeping requirements.
49 CFR Part 215
Freight, Penalties, Railroad safety, Reporting and recordkeeping
requirements.
49 CFR Part 218
Locomotives, Occupational safety and health, Penalties, Railroad
employees, Railroad safety, Tampering.
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
Hazardous materials transportation, Locomotive 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
[[Page 106291]]
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 is revised to read as follows:
Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 note; 49 U.S.C.
106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44704, 44709-
44710, 44713, 44725, 44742, 44802 (note), 46101-46111, 46301, 46302
(for a violation of 49 U.S.C. 46504), 46304-46316, 46318-46320,
46501-46502, 46504, 46507, 47106, 47107, 47111, 47122, 47306, 47531-
47532; 49 CFR 1.83.
0
2. Amend Sec. 13.301 by revising paragraphs (b) and (c) to read as
follows:
Sec. 13.301 Inflation adjustments of civil monetary penalties.
* * * * *
(b) Each adjustment to a maximum civil monetary penalty or to
minimum and maximum civil monetary penalties that establish a civil
monetary penalty range applies to actions initiated under this part for
violations occurring on or after December 30, 2024, notwithstanding
references to specific civil penalty amounts elsewhere in this part.
(c) Minimum and maximum civil monetary penalties are as follows:
Table 1 to Sec. 13.301(c)--Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations
----------------------------------------------------------------------------------------------------------------
New adjusted New adjusted
minimum penalty maximum penalty
2024 amount for amount for
United States Code citation Civil monetary minimum violations 2024 maximum violations
penalty description penalty occurring on or penalty amount occurring on or
amount after December after December
30, 2024 30, 2024
----------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a)(1)........ Violation of N/A N/A $99,756........ $102,348.
hazardous materials
transportation law.
49 U.S.C. 5123(a)(2)........ Violation of N/A N/A $232,762....... $238,809.
hazardous materials
transportation law
resulting in death,
serious illness,
severe injury, or
substantial
property
destruction.
49 U.S.C. 5123(a)(3)........ Violation of $601 $617 $99,756........ $102,348.
hazardous materials
transportation law
relating to
training.
49 U.S.C. 44704(d)(3)....... Knowing presentation N/A N/A $1,181,581..... $1,212, 278.
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 $1,181,581..... $1,212,278.
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 $30,417........ $31,207.
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 $41,577........ $75,000.
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 $1,828......... $1,875.
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 $1,828......... $1,875.
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.
[[Page 106292]]
49 U.S.C. 46301(a)(5)(A).... Violation by an N/A N/A $16,630........ $17,062.
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 $16,630........ $17,062.
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 $16,630........ $17,062.
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. Violation by an N/A N/A $16,630........ $17,062.
46301(a)(5)(B)(iii). 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 $16,630........ $17,062.
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(a)(8)....... Violation of 49 N/A N/A N/A............ $5,000.
U.S.C.
41707(a)(22),
including any grant
assurances made
under that section.
49 U.S.C. 46301 note........ Individual who aims N/A N/A $31,819........ $32,646.
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 $5,339......... $5,478.
smoke alarm device.
49 U.S.C. 46302............. Knowingly providing N/A N/A $28,995........ $29,748.
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 $43,658........ $44,792.
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 $16,630........ $17,062.
an airport without
providing
sufficient notice.
49 U.S.C. 46320............. Operating an N/A N/A $25,455........ $26,116.
unmanned aircraft
and in so doing
knowingly or
recklessly
interfering with a
wildfire
suppression, law
enforcement, or
emergency response
effort.
49 U.S.C. 47531............. Violation of 49 N/A N/A See entries for See entries for
U.S.C. 47528-47530 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 $75,000 (or $1,875 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 $17,062 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 $8,531 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 $4,267 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 $299,772 for each violation. A separate violation
[[Page 106293]]
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 $117,608.
* * * * *
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
$26,212 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 $65,653 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 $26,380 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 $166 for each
day of failure to file an AMVER report required by this part. Such
penalty shall constitute a lien upon the vessel, and such vessel may be
libeled in the district court of the United States in which the vessel
may be found.
PART 340--PRIORITY USE AND ALLOCATION OF SHIPPING SERVICES,
CONTAINERS AND CHASSIS, AND PORT FACILITIES AND SERVICES FOR
NATIONAL SECURITY AND NATIONAL DEFENSE RELATED OPERATIONS
0
13. The authority citation for part 340 continues to read as follows:
Authority: 50 U.S.C. 4501 et seq. (``The Defense Production
Act''); Executive Order 13603 (77 FR 16651); Executive Order 12656
(53 FR 47491); Pub. L. 114-74; 49 CFR 1.45; 49 CFR 1.93(l).
0
14. Section 340.9 is revised to read as follows:
Sec. 340.9 Compliance.
Pursuant to 50 U.S.C. 4513, any person who willfully performs any
act prohibited, or willfully fails to perform any act required, by the
provisions of this part shall, upon conviction, be fined not more than
$33,181 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 $192,476 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 701 (28 U.S.C. 2461 note); 49 CFR 1.81 and
1.97; 33 U.S.C. 1321.
0
18. Revise Sec. 107.329 to read as follows:
Sec. 107.329 Maximum penalties.
(a) A person who knowingly violates a requirement of the Federal
hazardous material transportation law, an order issued thereunder, this
subchapter, subchapter C of this chapter, or a special permit or
approval issued under this subchapter applicable to the transportation
of hazardous materials or the causing of them to be transported or
shipped is liable for a civil penalty of not more than $102,348 for
each violation, except the maximum civil penalty is $238,809 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 $617 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
$102,348 for each violation, except the maximum civil penalty is
$238,809 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 $617
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
[[Page 106294]]
second paragraph, by removing ``$99,756 or $232,762'' and ``January 6,
2023'' and adding in their places ``$102,348 or $238,809'' and
``December 30, 2024,'' 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 $102,348 for each violation, except the maximum civil
penalty is $238,809 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 $617 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 $272,926
for each violation for each day the violation continues, with a maximum
administrative civil penalty not to exceed $2,729,245 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 $99,704, which may be in addition to other penalties to which
such person may be subject under paragraph (a) of this section.
(d) Any person who is determined to have violated any standard or
order under 49 U.S.C. 60129 is subject to an administrative civil
penalty not to exceed $1,584, 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 $102,348 for
each violation, except that--
(1) The maximum civil penalty for a violation is $238,809 if the
violation results in death, serious illness, or severe injury to any
person, or substantial destruction of property; and
(2) A minimum $617 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
30, 2024.
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 $102,348 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 $238,809.
Sec. 209.409 [Amended]
0
27. Amend Sec. 209.409 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 30, 2024, the minimum civil monetary
penalty was raised from $1,086 to $1,114, the ordinary maximum civil
monetary penalty was raised from $35,516 to $36,439, and the
aggravated maximum civil monetary penalty was raised from $142,063
to $145,754.
* * * For each regulation in this part or order, the schedule
shows two amounts within the $1,114 to $36,439 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 $145,754 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 ``$99,756'' everywhere it appears and add
in its place ``$102,348'';
0
b. Remove the dollar amount ``$232,762'' everywhere it appears and add
in its place ``$238,809''; and
0
c. Remove the dollar amount ``$601'' and add in its place ``$617'' in
the first paragraph.
[[Page 106295]]
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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.
[[Page 106296]]
Sec. 223.7 [Amended]
0
50. Amend Sec. 223.7 as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
PART 227--OCCUPATIONAL SAFETY AND HEALTH IN THE LOCOMOTIVE CAB
0
55. The authority citation for part 227 continues to read as follows:
Authority: 49 U.S.C. 20103, 20103 note, 20166, 20701-20703,
21301, 21302, 21304; 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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 30, 2024, the minimum civil
monetary penalty was raised from $1,086 to $1,114, the ordinary
maximum civil monetary penalty was raised from $35,516 to $36,439,
and the aggravated maximum civil monetary penalty was raised from
$142,063 to $145,754.
* * * * *
PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS
0
60. The authority citation for part 229 is revised to read as follows:
Authority: 49 U.S.C. 20103, 20107, 20133, 20137-38, 20143,
20168, 20701-03, 21301-02, 21304; 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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516 and add in its place ``$36,439'';
and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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.
[[Page 106297]]
Sec. 234.6 [Amended]
0
69. Amend Sec. 234.6 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
PART 237--BRIDGE SAFETY STANDARDS
0
74. The authority citation for part 237 continues to read as follows:
Authority: 49 U.S.C. 20102-20114; 28 U.S.C. 2461 note; Div. A,
Sec. 417, Pub. L. 110-432, 122 Stat. 4848; and 49 CFR 1.89.
Sec. 237.7 [Amended]
0
75. Amend Sec. 237.7 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
[[Page 106298]]
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 ``$1,086'' and add in its place ``$1,114'';
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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 49 CFR 1.89.
Sec. 272.11 [Amended]
0
91. Amend Sec. 272.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$1,086'' and add in its place ``$1,114'';
0
0
b. Remove the dollar amount ``$35,516'' and add in its place
``$36,439''; and
0
c. Remove the dollar amount ``$142,063'' and add in its place
``$145,754''.
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
* * * * *
II. Subpoena
Violation--Failure to respond to Agency subpoena to appear and
testify or produce records.
Penalty--minimum of $1,365 but not more than $13,676 per
violation.
* * * * *
IV. Out-of-Service Order
a. Violation--Operation of a commercial vehicle by a driver
during the period the driver was placed out of service.
Penalty--Up to $2,364 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 $23,647 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--$2,364 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 $23,647 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 $1,182 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 $34,116 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 $29,980 per day the operation continues after the
effective date and time of the out-of-service order.
i. Violation--Conducting operations during a period of
suspension under Sec. 386.83 or Sec. 386.84 for failure to pay
penalties.
Penalty--Up to $19,246 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 $29,980 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 $1,584 for each day the violation continues, up to
$15,846.
(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 $15,846 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 $19,246 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 $4,812.
(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 $3,961 for a first conviction and not less
than $7,924 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 $7,155; 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 $3,961
for a first conviction and not less than $7,924 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 $7,155 or more
than $39,615; and
[[Page 106299]]
(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 $20,537.
* * * * *
(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 $21,114.
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 $102,348 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 $617 and not more than $102,348 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 $102,348 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 $102,348.
(5) If any violation subject to the civil penalties set out in
paragraphs (e)(1) through (4) of this appendix results in death,
serious illness, or severe injury to any person or in substantial
destruction of property, the civil penalty may be increased to not
more than $238,809 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 $34,116 (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 $102,348 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
$238,809 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
$13,676 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
$13,676 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 $34,116 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 $13,676 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 $18,766 for an intentional violation and a
maximum penalty of $46,918 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
$27,293 and a maximum penalty of $54,585 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 $2,052 per violation.
(8) A person as described under paragraph (i) or (ii) is liable
for a minimum penalty of $4,109 for the first violation and $10,269
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 $205,375 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 $410 for the first violation and $513 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 $1,028 for the first
violation and up to $4,109 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 $1,028 for the first violation and up to $4,109 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 $20,537 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 $1,365 and for a
maximum penalty of $10,269 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
[[Page 106300]]
U.S.C. 14908 without the permission of the shipper or consignee is
liable for a maximum penalty of $4,109.
(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 $1,028 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 $20,537 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 $15,846 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 $39,615 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 $1,584 for each offense. Each day of a continuing violation
constitutes a separate offense, except that the total of all civil
penalties against any violator for all offenses related to a single
violation shall not exceed $15,846.
(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 $2,730 but not more than $6,823 for the first
violation and at least $3,409 but not more than $10,224 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 $2,730 for the first violation or at least $6,823 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 $27,874 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 $139,356,994.
(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 $15,846 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
$23,769,723.
(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 $27,874 per violation per day. The maximum
penalty under this paragraph (a)(3) for a related series of daily
violations is $139,356,994.
(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 $6,823 per day. The maximum penalty under this paragraph
(a)(4) for a related series of daily violations is $1,364,624.
(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 $2,224 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 $3,650 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 $4,064,690.
(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 $3,650 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 $1,990,815.
(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
[[Page 106301]]
United States Government for a civil penalty of not more than $75,541
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 $2,224 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 $13,676 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 $1,364,624.
(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 $13,676,
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 $2,998 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 $749,432.
(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 $222,609
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 $52,468 for each violation. A separate violation
occurs for each day the violation continues.
(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; for model year 2024, the civil penalty is $17),
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 $33 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 $51,668 per vehicle or engine. The
maximum civil penalty for a related series of violations shall be
determined by multiplying $51,668 times the vehicle or engine
production volume for the model year in question within the regulatory
averaging set.
Signed in Washington, DC, on December 18, 2024.
Subash Iyer,
Acting General Counsel.
[FR Doc. 2024-30608 Filed 12-27-24; 8:45 am]
BILLING CODE 4910-57-P