[Federal Register Volume 88, Number 4 (Friday, January 6, 2023)]
[Rules and Regulations]
[Pages 1114-1132]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2022-28580]



[[Page 1113]]

Vol. 88

Friday,

No. 4

January 6, 2023

Part II





Department of Transportation





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Federal Aviation Administration





Office of the Secretary





Great Lakes Saint Lawrence Seaway Development Corporation





Maritime Administration





Pipeline and Hazardous Materials Safety Administration





Federal Railroad Administration





Federal Motor Carrier Safety Administration





National Highway Traffic Safety Administration





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14 CFR Parts 13, 383, and 406

33 CFR Part 401

46 CFR Parts 221, 307, 340, et al.

49 CFR Parts 107, 171, 190, et al.





Revisions to Civil Penalty Amounts; Final Rule

  Federal Register / Vol. 88, No. 4 / Friday, January 6, 2023 / Rules 
and Regulations  

[[Page 1114]]


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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 Saint Lawrence Seaway Development Corporation

33 CFR Part 401

Maritime Administration

46 CFR Parts 221, 307, 340, and 356

Pipeline and Hazardous Materials Safety Administration

49 CFR Parts 107, 171, and 190

Federal Railroad Administration

49 CFR Parts 209, 213, 214, 215, 216, 217, 218, 219, 220, 221, 222, 
223, 224, 225, 227, 228, 229, 230, 231, 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-AF12


Revisions to Civil Penalty Amounts

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

ACTION: Final rule.

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SUMMARY: This final rule provides the statutorily-prescribed 2023 
adjustment to civil penalty amounts that may be imposed for violations 
of certain DOT regulations.

DATES: This rule is effective January 6, 2023.

FOR FURTHER INFORMATION CONTACT: Elizabeth Kohl, Attorney-Advisor, 
Office of the General Counsel, U.S. Department of Transportation, 1200 
New Jersey Ave. SE, Washington, DC 20590, 202-366-7253; 
[email protected].

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking

    This rule implements the Federal Civil Penalties Inflation 
Adjustment Act of 1990 (FCPIAA), Public Law 101-410, as amended by the 
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 
2015 (2015 Act), Public Law 114-74, 129 Stat. 599, codified at 28 
U.S.C. 2461 note. The FCPIAA and the 2015 Act require Federal agencies 
to adjust minimum and maximum civil penalty amounts to preserve their 
deterrent impact. The 2015 Act amended the formula and frequency of the 
adjustments. It required an initial catch-up adjustment in the form of 
an interim final rule, followed by annual adjustments of civil penalty 
amounts using a statutorily mandated formula.
    Section 4(b)(2) of the 2015 Act specifically directs that the 
annual adjustment be accomplished through final rule without notice and 
comment. This rule is effective immediately.
    The Department's authorities over the specific civil penalty 
regulations being amended by this rule are provided in the preamble 
discussion below.

I. Background

    On November 2, 2015, the President signed into law the 2015 Act, 
which amended the FCPIAA, to improve the effectiveness of civil 
monetary penalties and to maintain their deterrent effect. The 2015 Act 
requires Federal agencies to: (1) adjust the level of civil monetary 
penalties with an initial ``catch-up'' adjustment through an interim 
final rule (IFR); and (2) make subsequent annual adjustments.
    The 2015 Act directed the Office of Management and Budget (OMB) to 
issue guidance on implementing the required annual adjustment no later 
than December 15 of each year.\1\ On December 15, 2022, OMB released 
this required guidance, in OMB Memorandum M-23-05, which provides 
instructions on how to calculate the 2023 annual adjustment. To derive 
the 2023 adjustment, the Department must multiply the maximum or 
minimum penalty amount by the percent change between the October 2022 
Consumer Price Index for All Urban Consumers (CPI-U) and the October 
2021 CPI-U. In this case, as explained in OMB Memorandum M-23-05, the 
percent change between the October 2022 CPI-U and the October 2021 CPI-
U is 1.07745.
---------------------------------------------------------------------------

    \1\ 28 U.S.C. 2461 note.
---------------------------------------------------------------------------

II. Issuance of a Final Rule

    This final rule is being published without notice and comment and 
with an immediate effective date.
    The 2015 Act provides clear direction for how to adjust the civil 
penalties, and clearly states at section 4(b)(2) that this adjustment 
shall be made ``notwithstanding section 553 of title 5, United States 
Code.'' By operation of the 2015 Act, DOT must publish an annual 
adjustment by January 15 of every year, and the new levels take effect 
upon publication of the rule. Accordingly, DOT is publishing this final 
rule without prior notice and comment, and with an immediate effective 
date.

III. Discussion of the Final Rule

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

A. Office of the Secretary (OST) 2023 Adjustments

    OST's 2023 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                    New penalty
                                                                                     Existing        (existing
                  Description                                Citation                 penalty        penalty x
                                                                                                     1.07745)
----------------------------------------------------------------------------------------------------------------
General civil penalty for violations of certain  49 U.S.C. 46301(a)(1)..........         $37,377         $40,272
 aviation economic regulations and statutes.
General civil penalty for violations of certain  49 U.S.C. 46301(a)(1)..........           1,644           1,771
 aviation economic regulations and statutes
 involving an individual or small business
 concern.

[[Page 1115]]

 
Civil penalties for individuals or small         49 U.S.C. 46301(a)(5)(A).......          14,950          16,108
 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).......           7,475           8,054
 businesses for violations of 49 U.S.C. 41719
 and rules and orders issued pursuant to that
 provision.
Civil penalties for individuals or small         49 U.S.C. 46301(a)(5)(D).......           3,738           4,028
 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) 2023 Adjustments

    FAA's 2023 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                    New penalty
                                                                                     Existing        (existing
                  Description                                Citation                 penalty        penalty x
                                                                                                     1.07745)
----------------------------------------------------------------------------------------------------------------
Violation of hazardous materials transportation  49 U.S.C. 5123(a)(1)...........         $89,678         $96,624
 law.
Violation of hazardous materials transportation  49 U.S.C. 5123(a)(2)...........         209,249         225,455
 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)...........             540             582
 materials transportation law relating to
 training.
Maximum penalty for violation of hazardous       49 U.S.C. 5123(a)(3)...........          89,678          96,624
 materials transportation law relating to
 training.
Knowing presentation of a nonconforming          49 U.S.C. 44704(d)(3)(B).......       1,062,220       1,144,489
 aircraft for issuance of an initial
 airworthiness certificate by a production
 certificate holder.
Knowing failure by an applicant for or holder    49 U.S.C. 44704(e)(4)(A).......       1,062,220       1,144,489
 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    49 U.S.C. 44802 note...........          27,344          29,462
 aircraft system equipped or armed with a
 dangerous weapon.
Violation by a person other than an individual   49 U.S.C. 46301(a)(1)..........          37,377          40,272
 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)..........           1,644           1,771
 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)..........           1,644           1,771
 concern under 49 U.S.C. 46301(a)(1)(A) or (B)
 (but not covered in 49 U.S.C. 46301(a)(5)).
Violation by an individual or small business     49 U.S.C. 46301(a)(5)(A).......          14,950          16,108
 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)....          14,950          16,108
 concern related to the transportation of
 hazardous materials.
Violation by an individual or small business     49 U.S.C. 46301(a)(5)(B)(ii)...          14,950          16,108
 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)..          14,950          16,108
 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)...          14,950          16,108
 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  49 U.S.C. 46301 note...........          28,605          30,820
 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).............           4,799           5,171
Knowingly providing false information about      49 U.S.C. 46302................          26,066          28,085
 alleged violation involving the special
 aircraft jurisdiction of the United States.
Physical or sexual assault or threat to          49 U.S.C. 46318................          39,247          42,287
 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................          14,950          16,108
 providing sufficient notice.
Operating an unmanned aircraft and in so doing   49 U.S.C. 46320................          22,884          24,656
 knowingly or recklessly interfering with a
 wildfire suppression, law enforcement, or
 emergency response effort.

[[Page 1116]]

 
Violation of 51 U.S.C. 50901-50923, a            51 U.S.C. 50917(c).............         262,666         283,009
 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) 2023 
Adjustments

    NHTSA's 2023 civil penalty adjustments are summarized in the chart 
below. DOT's annual civil monetary penalty adjustment for 2023 includes 
adjustments of NHTSA's civil penalties for violations of applicable 
corporate average fuel economy (CAFE) standards. Those standards, 
including any statutorily required adjustments, were previously 
addressed in a separate rulemaking proceeding (see NHTSA's final rule 
published in April 2022 (87 FR 18994 (Apr. 1, 2022)). Going forward, 
and including this 2023 adjustment, DOT intends to update the CAFE 
civil penalties addressed in that rulemaking in the DOT annual civil 
monetary penalties adjustment.
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    \2\ 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.

----------------------------------------------------------------------------------------------------------------
                                                                                                    New Penalty
                                                                                     Existing        (existing
                  Description                               Citation                  penalty        penalty x
                                                                                                     1.07745)
----------------------------------------------------------------------------------------------------------------
Maximum penalty amount for each violation of:   49 U.S.C. 30165(a)(1),                   $24,423         $26,315
 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 of  49 U.S.C. 30165(a)(1),               122,106,996     131,564,183
 violations of: 49 U.S.C. 30112, 30115, 30117-   30165(a)(3).
 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)........          13,885          14,960
 violation of 49 U.S.C. 30112(a)(1) or
 30112(a)(2).
Maximum penalty amount for a series of school   49 U.S.C. 30165(a)(2)(B)........      20,827,441      22,440,526
 bus related violations of 49 U.S.C.
 30112(a)(1) or 30112(a)(2).
Maximum penalty per violation for filing false  49 U.S.C. 30165(a)(4)...........           5,978           6,441
 or misleading reports.
Maximum penalty amount for a series of          49 U.S.C. 30165(a)(4)...........       1,195,707       1,288,315
 violations related to filing false or
 misleading reports.
Maximum penalty amount for each violation of    49 U.S.C. 30505.................           1,949           2,100
 the reporting requirements related to
 maintaining the National Motor Vehicle Title
 Information System.
Maximum penalty amount for each violation of a  49 U.S.C. 32507(a)..............           3,198           3,446
 bumper standard under 49 U.S.C. 32506.
Maximum penalty amount for a series of          49 U.S.C. 32507(a)..............       3,561,551       3,837,393
 violations of a bumper standard under 49
 U.S.C. 32506.
Maximum penalty amount for each violation of    49 U.S.C. 32308(b)..............           3,198           3,446
 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)..............       1,744,386       1,879,489
 violations of 49 U.S.C. 32308(a) related to
 providing information on crashworthiness and
 damage susceptibility.
Maximum penalty for each violation related to   49 U.S.C. 32308(c)..............          66,191          71,317
 the tire fuel efficiency information program.
Maximum civil penalty for willfully failing to  49 U.S.C. 32309.................           1,949           2,100
 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.................          11,956          12,882
 to odometer tampering and disclosure.
Maximum penalty amount for a related series of  49 U.S.C. 32709.................       1,195,707       1,288,315
 violations related to odometer tampering and
 disclosure.
Maximum penalty amount per violation related    49 U.S.C. 32710.................          11,956          12,882
 to odometer tampering and disclosure with
 intent to defraud.
Maximum penalty amount for each violation of    49 U.S.C. 33115(a)..............           2,627           2,830
 49 U.S.C. 33114(a)(1)-(4).
Maximum penalty amount for a related series of  49 U.S.C. 33115(a)..............         656,665         707,524
 violations of 49 U.S.C. 33114(a)(1)-(4).
Maximum civil penalty for violations of 49      49 U.S.C. 33115(b)..............         195,054         210,161
 U.S.C. 33114(a)(5).
Maximum civil penalty for violations under 49   49 U.S.C 32912(a)...............          45,973          49,534
 U.S.C. 32911(a) related to automobile fuel
 economy.
Civil penalty factor for violations of fuel     49 U.S.C. 32912(b)..............             $15             $16
 economy standards prescribed for a model year
 under 49 U.S.C. 32902 \2\.

[[Page 1117]]

 
Maximum civil penalty factor that may be        49 U.S.C. 32912(c)(1)(B)........              29             $31
 prescribed for fuel economy standards under
 49.
Maximum civil penalty for a violation under     49 U.S.C. 32902.................          45,273          48,779
 the medium- and heavy-duty vehicle fuel
 efficiency program.
----------------------------------------------------------------------------------------------------------------

D. Federal Motor Carrier Safety Administration (FMCSA) 2023 Adjustments

    FMCSA's civil penalties affected by this rule are all located in 
appendices A and B to 49 CFR part 386. The 2023 adjustments to these 
civil penalties are summarized in the chart below.

----------------------------------------------------------------------------------------------------------------
                                                                                                    New penalty
                                                                                     Existing        (existing
                  Description                               Citation                  penalty        penalty x
                                                                                                     1.07745)
----------------------------------------------------------------------------------------------------------------
Appendix A II Subpoena........................  49 U.S.C. 525...................          $1,195          $1,288
Appendix A II Subpoena........................  49 U.S.C. 525...................          11,956          12,882
Appendix A IV (a) Out-of-service order          49 U.S.C. 521(b)(7).............           2,072           2,232
 (operation of commercial motor vehicle (CMV)
 by driver).
Appendix A IV (b) Out-of-service order          49 U.S.C. 521(b)(7).............          20,719          22,324
 (requiring or permitting operation of CMV by
 driver).
Appendix A IV (c) Out-of-service order          49 U.S.C. 521(b)(7).............           2,072           2,232
 (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).............          20,719          22,324
 (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)..........           1,036           1,116
 (failure to return written certification of
 correction).
Appendix A IV (g) Out-of-service order          49 U.S.C. 521(b)(2)(F)..........          29,893          32,208
 (failure to cease operations as ordered).
Appendix A IV (h) Out-of-service order          49 U.S.C. 521(b)(7).............          26,269          28,304
 (operating in violation of order).
Appendix A IV (i) Out-of-service order          49 U.S.C. 521(b)(2)(A) and                16,864          18,170
 (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).............          26,269          28,304
 during suspension or revocation).
Appendix B (a)(1) Recordkeeping--maximum        49 U.S.C. 521(b)(2)(B)(i).......           1,388           1,496
 penalty per day.
Appendix B (a)(1) Recordkeeping--maximum total  49 U.S.C. 521(b)(2)(B)(i).......          13,885          14,960
 penalty.
Appendix B (a)(2) Knowing falsification of      49 U.S.C. 521(b)(2)(B)(ii)......          13,885          14,960
 records.
Appendix B (a)(3) Non-recordkeeping violations  49 U.S.C. 521(b)(2)(A)..........          16,864          18,170
Appendix B (a)(4) Non-recordkeeping violations  49 U.S.C. 521(b)(2)(A)..........           4,216           4,543
 by drivers.
Appendix B (a)(5) Violation of 49 CFR 392.5     49 U.S.C. 31310(i)(2)(A)........           3,471           3,740
 (first conviction).
Appendix B (a)(5) Violation of 49 CFR 392.5     49 U.S.C. 31310(i)(2)(A)........           6,943           7,481
 (second or subsequent conviction).
Appendix B (b) Commercial driver's license      49 U.S.C. 521(b)(2)(C)..........           6,269           6,755
 (CDL) violations.
Appendix B (b)(1): Special penalties            49 U.S.C. 31310(i)(2)(A)........           3,471           3,740
 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)........           6,943           7,481
 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)..........           6,269           6,755
 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)........          34,712          37,400
 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)........          17,995          19,389
 to railroad-highway grade crossing violations.
Appendix B (d) Financial responsibility         49 U.S.C. 31138(d)(1),                    18,500          19,933
 violations.                                     31139(g)(1).
Appendix B (e)(1) Violations of Hazardous       49 U.S.C. 5123(a)(1)............          89,678          96,624
 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)............             540             582
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (training)--minimum
 penalty.
Appendix B (e)(2): Violations of Hazardous      49 U.S.C. 5123(a)(1)............          89,678          96,624
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (training)--maximum
 penalty.
Appendix B (e)(3) Violations of Hazardous       49 U.S.C. 5123(a)(1)............          89,678          96,624
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (packaging or
 container).

[[Page 1118]]

 
Appendix B (e)(4): Violations of Hazardous      49 U.S.C. 5123(a)(1)............          89,678          96,624
 Materials Regulations (HMRs) and Safety
 Permitting Regulations (compliance with
 FMCSRs).
Appendix B (e)(5) Violations of Hazardous       49 U.S.C. 5123(a)(2)............         209,249         225,455
 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)..........          29,893          32,208
 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)............          89,678          96,624
 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)............         209,249         225,455
 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)..............          11,956          12,882
 commercial regulations (CRs) (property
 carriers).
Appendix B (g)(2) Violations of the CRs         49 U.S.C. 14916(c)..............          11,956          12,882
 (brokers).
Appendix B (g)(3) Violations of the CRs         49 U.S.C. 14901(a)..............          29,893          32,208
 (passenger carriers).
Appendix B (g)(4) Violations of the CRs         49 U.S.C. 14901(a)..............          11,956          12,882
 (foreign motor carriers, foreign motor
 private carriers).
Appendix B (g)(5) Violations of the operating   49 U.S.C. 14901 note............          16,443          17,717
 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............          41,110          44,294
 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)..............          23,915          25,767
 carrier or broker for transportation of
 hazardous wastes)--minimum penalty.
Appendix B (g)(6) Violations of the CRs (motor  49 U.S.C. 14901(b)..............          47,829          51,533
 carrier or broker for transportation of
 hazardous wastes)--maximum penalty.
Appendix B (g)(7): Violations of the CRs        I49 U.S.C. 14901(d)(1)..........           1,798           1,937
 (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)..............           3,600           3,879
 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)..............           8,998           9,695
 of HHG shipment, charging for services)--
 minimum penalty for subsequent violation.
Appendix B (g)(10) Tariff violations..........  49 U.S.C. 13702, 14903..........         179,953         193,890
Appendix B (g)(11) Additional tariff            49 U.S.C. 14904(a)..............             359             387
 violations (rebates or concessions)--first
 violation.
Appendix B (g)(11) Additional tariff            49 U.S.C. 14904(a)..............             449             484
 violations (rebates or concessions)--
 subsequent violations.
Appendix B (g)(12): Tariff violations (freight  49 U.S.C. 14904(b)(1)...........             901             971
 forwarders)--maximum penalty for first
 violation.
Appendix B (g)(12): Tariff violations (freight  49 U.S.C. 14904(b)(1)...........           3,600           3,879
 forwarders)--maximum penalty for subsequent
 violations.
Appendix B (g)(13): service from freight        49 U.S.C. 14904(b)(2)...........             901             971
 forwarder at less than rate in effect--
 maximum penalty for first violation.
Appendix B (g)(13): service from freight        49 U.S.C. 14904(b)(2)...........           3,600           3,879
 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.................          17,995          19,389
 loading and unloading motor vehicles.
Appendix B (g)(16): Reporting and               49 U.S.C. 14901.................           1,195           1,288
 recordkeeping under 49 U.S.C. subtitle IV,
 part B (except 13901 and 13902(c))--minimum
 penalty.
Appendix B (g)(16): Reporting and               49 U.S.C. 14907.................           8,998           9,695
 recordkeeping under 49 U.S.C. subtitle IV,
 part B--maximum penalty.
Appendix B (g)(17): Unauthorized disclosure of  49 U.S.C. 14908.................           3,600           3,879
 information.
Appendix B (g)(18): Violation of 49 U.S.C.      49 U.S.C. 14910.................             901             971
 subtitle IV, part B, or condition of
 registration.
Appendix B (g)(21)(i): Knowingly and willfully  49 U.S.C. 14915.................          17,995          19,389
 fails to deliver or unload HHG at destination.
Appendix B (g)(22): HHG broker estimate before  49 U.S.C. 14901(d)(2)...........          13,885          14,960
 entering into an agreement with a motor
 carrier.
Appendix B (g)(23): HHG transportation or       49 U.S.C. 14901 (d)(3)..........          34,712          37,400
 broker services--registration requirement.
Appendix B (h): Copying of records and access   49 U.S.C. 521(b)(2)(E)..........           1,388           1,496
 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)..........          13,885          14,960
 to equipment, lands, and buildings--maximum
 total penalty.

[[Page 1119]]

 
Appendix B (i)(1): Evasion of regulations       49 U.S.C. 524...................           2,392           2,577
 under 49 U.S.C. ch. 5, 51, subchapter III of
 ch. 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or 31502--
 minimum penalty for first violation.
Appendix B (i)(1): Evasion of regulations       49 U.S.C. 524...................           5,978           6,441
 under 49 U.S.C. ch. 5, 51, subchapter III of
 ch. 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or 31502--
 maximum penalty for first violation.
Appendix B (i)(1): Evasion of regulations       49 U.S.C. 524...................           2,988           3,219
 under 49 U.S.C. ch. 5, 51, subchapter III of
 ch. 311 (except 31138 and 31139), 31302-
 31304, 31305(b), 31310(g)(1)(A), or 31502--
 minimum penalty for subsequent violation(s).
Appendix B (i)(1): Evasion of regulations       49 U.S.C. 524...................           8,958           9,652
 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.................           2,392           2,577
 under 49 U.S.C. subtitle IV, part B--minimum
 penalty for first violation.
Appendix B (i)(2): Evasion of regulations       49 U.S.C. 14906.................           5,978           6,441
 under 49 U.S.C. subtitle IV, part B--minimum
 penalty for subsequent violation(s).
----------------------------------------------------------------------------------------------------------------

E. Federal Railroad Administration (FRA) 2023 Adjustments

    FRA's 2023 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                    New penalty
                                                                                     Existing        (existing
                  Description                               Citation                  penalty        penalty x
                                                                                                     1.07745)
----------------------------------------------------------------------------------------------------------------
Minimum rail safety penalty...................  49 U.S.C. ch. 213...............            $976          $1,052
Ordinary maximum rail safety penalty..........  49 U.S.C. ch. 213...............          31,928          34,401
Maximum penalty for an aggravated rail safety   49 U.S.C. ch. 213...............         127,712         137,603
 violation.
Minimum penalty for hazardous materials         49 U.S.C. 5123..................             540             582
 training violations.
Maximum penalty for ordinary hazardous          49 U.S.C. 5123..................          89,678          96,624
 materials violations.
Maximum penalty for aggravated hazardous        49 U.S.C. 5123..................         209,249         225,455
 materials violations.
----------------------------------------------------------------------------------------------------------------

F. Pipeline and Hazardous Materials Safety Administration (PHMSA) 2023 
Adjustments

    PHMA'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 2023 civil penalty adjustments are summarized in 
the chart below.

----------------------------------------------------------------------------------------------------------------
                                                                                                    New penalty
                                                                                     Existing        (existing
                  Description                               Citation                  penalty        penalty x
                                                                                                      1.07745
----------------------------------------------------------------------------------------------------------------
Maximum penalty for hazardous materials         49 U.S.C. 5123..................         $89,678         $96,624
 violation.
Maximum penalty for hazardous materials         49 U.S.C. 5123..................         209,249         225,455
 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..................             540             582
 training violations.
Maximum penalty for each pipeline safety        49 U.S.C. 60122(a)(1)...........         239,142         257,664
 violation.
Maximum penalty for a related series of         49 U.S.C. 60122(a)(1)...........       2,391,412       2,576,627
 pipeline safety violations.
Maximum additional penalty for each liquefied   49 U.S.C. 60122(a)(2)...........          87,362          94,128
 natural gas pipeline facility violation.
Maximum penalty for discrimination against      49 U.S.C. 60122(a)(3)...........           1,388           1,496
 employees providing pipeline safety
 information.
----------------------------------------------------------------------------------------------------------------


[[Page 1120]]

G. Maritime Administration (MARAD) 2023 Adjustments

    MARAD's 2023 civil penalty adjustments are summarized in the chart 
below.

----------------------------------------------------------------------------------------------------------------
                                                                                                    New penalty
                                                                                     Existing        (existing
                  Description                               Citation                  penalty        penalty x
                                                                                                     1.07745)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for a single violation    46 U.S.C. 31309.................         $22,967         $24,746
 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.................          57,527          61,982
 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)..............          23,115          24,905
 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)..............             146             157
 Automated Mutual Assistance Vessel Rescue
 System (AMVER) report.
Maximum civil penalty for violating procedures  50 U.S.C. 4513..................          29,074          31,326
 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.................         168,651         181,713
 applying for or renewing a vessel's fishery
 endorsement.
----------------------------------------------------------------------------------------------------------------

H. Great Lakes St. Lawrence Seaway Development Corporation (GLS) 2023 
Adjustments

    The 2023 civil penalty adjustment for GLS is as follows:

----------------------------------------------------------------------------------------------------------------
                                                                                                    New penalty
                                                                                     Existing        (existing
                  Description                               Citation                  penalty        penalty x
                                                                                                     1.07745)
----------------------------------------------------------------------------------------------------------------
Maximum civil penalty for each violation of     33 U.S.C. 1232..................        $103,050        $111,031
 the Seaway Rules and Regulations at 33 CFR
 part 401.
----------------------------------------------------------------------------------------------------------------

Regulatory Analysis and Notices

A. Executive Order 12866 and DOT Regulatory Policies and Procedures

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

B. Regulatory Flexibility Analysis

    The Department has determined the Regulatory Flexibility Act of 
1980 (RFA) (5 U.S.C. 601, et seq.) does not apply to this rulemaking. 
The RFA applies, in pertinent part, only when ``an agency is required . 
. . to publish general notice of proposed rulemaking.'' 5 U.S.C. 
604(a). The Small Business Administration's A Guide for Government 
Agencies: How to Comply with the Regulatory Flexibility Act (2012), 
explains that:
    If, under the [Administrative Procedure Act (APA)] or any rule of 
general applicability governing federal grants to state and local 
governments, the agency is required to publish a general notice of 
proposed rulemaking (NPRM), the RFA must be considered [citing 5 U.S.C. 
604(a)]. . . . If an NPRM is not required, the RFA does not apply.
    As stated above, DOT has determined that good cause exists to 
publish this final rule without notice and comment procedures under the 
APA. Therefore, the analytical requirements of the RFA do not apply.

C. Executive Order 13132 (Federalism)

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

D. Executive Order 13175

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

E. Paperwork Reduction Act

    Under the Paperwork Reduction Act, before an agency submits a 
proposed collection of information to OMB for approval, it must publish 
a document in the Federal Register providing notice of and a 60-day 
comment period on, and otherwise consult with members of the public and 
affected agencies concerning,

[[Page 1121]]

each proposed collection of information. This final rule imposes no new 
information reporting or record keeping necessitating clearance by OMB.

F. National Environmental Policy Act

    The Department has analyzed the environmental impacts of this final 
rule pursuant to the National Environmental Policy Act of 1969 (NEPA) 
(42 U.S.C. 4321, et seq.) and has determined that it is categorically 
excluded pursuant to DOT Order 5610.1C, Procedures for Considering 
Environmental Impacts (44 FR 56420, Oct. 1, 1979, as amended July 13, 
1982, and July 30, 1985). Categorical exclusions are actions identified 
in an agency's NEPA implementing procedures that do not normally have a 
significant impact on the environment and therefore do not require 
either an environmental assessment (EA) or environmental impact 
statement (EIS). See 40 CFR 1508.4. In analyzing the applicability of a 
categorical exclusion, the agency must also consider whether 
extraordinary circumstances are present that would warrant the 
preparation of an EA or EIS. Id. Paragraph 4(c)(5) of DOT Order 5610.1C 
includes the categorical exclusions for all DOT Operating 
Administrations. This action qualifies for a categorical exclusion in 
accordance with FAA Order 1050.1F, Environmental Impacts: Policies and 
Procedures (80 FR 44208, July 24, 2015), paragraph 5-6.6.f, which 
covers regulations not expected to cause any potentially significant 
environmental impacts. The Department does not anticipate any 
environmental impacts, and there are no extraordinary circumstances 
present in connection with this final rule.

G. Unfunded Mandates Reform Act

    The Department analyzed the final rule under the factors in the 
Unfunded Mandates Reform Act of 1995. The Department considered whether 
the rule includes a Federal mandate that may result in the expenditure 
by State, local, and tribal governments, in the aggregate, or by the 
private sector, of $100,000,000 or more (adjusted annually for 
inflation) in any one year. The Department has determined that this 
final rule will not result in such expenditures. Accordingly, no 
further assessment or analysis is required under the Unfunded Mandates 
Reform Act.

List of Subjects

14 CFR Part 13

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

14 CFR Part 383

    Administrative practice and procedure, Penalties.

14 CFR Part 406

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

33 CFR Part 401

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

46 CFR Part 221

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

46 CFR Part 307

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

46 CFR Part 340

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

46 CFR Part 356

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

49 CFR Part 107

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

49 CFR Part 171

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

49 CFR Part 190

    Administrative practice and procedure, Penalties, Pipeline safety.

49 CFR Part 209

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

49 CFR Part 213

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

49 CFR Part 214

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

49 CFR Part 215

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

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

    Penalties, Railroad safety, Reporting and recordkeeping 
requirements.

49 CFR Part 218

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

49 CFR Part 219

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

49 CFR Part 220

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

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

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

49 CFR Part 223

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

49 CFR Part 225

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

49 CFR Part 227

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

49 CFR Part 228

    Penalties, Railroad employees, Reporting and recordkeeping 
requirements.

49 CFR Part 231

    Penalties, Railroad safety.

49 CFR Part 234

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

[[Page 1122]]

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 January 6, 2023, notwithstanding 
references to specific civil penalty amounts elsewhere in this part.
    (c) Minimum and maximum civil monetary penalties are as follows:

                           Table 1 to Sec.   13.301--Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                      New adjusted
                                                                                         minimum
                                                                                         penalty
                                                                            2021       amount for                                 New adjusted  maximum
      United States Code citation           Civil monetary penalty        Minimum      violations      2022 Maximum  penalty       penalty  amount for
                                                  description             penalty     occurring on             amount            violations occurring on
                                                                           amount       or after                                or after January 6, 2023
                                                                                       January 6,
                                                                                          2023
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a)(1)..................  Violation of hazardous                  N/A             N/A  $89,678..................  $96,624.
                                         materials transportation law.
49 U.S.C. 5123(a)(2)..................  Violation of hazardous                  N/A             N/A  $209,249.................  $225,455.
                                         materials transportation law
                                         resulting in death, serious
                                         illness, severe injury, or
                                         substantial property
                                         destruction.
49 U.S.C. 5123(a)(3)..................  Violation of hazardous                 $508            $540  $89,678..................  $96,624.
                                         materials transportation law
                                         relating to training.
49 U.S.C. 44704(d)(3).................  Knowing presentation of a               N/A             N/A  $1,062,220...............  $1,144,488.
                                         nonconforming aircraft for
                                         issuance of an initial
                                         airworthiness certificate by
                                         a production certificate
                                         holder.
49 U.S.C. 44704(e)(4).................  Knowing failure by an                   N/A             N/A  $1,062,220...............  $1,144,488.
                                         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 statement by an           N/A             N/A  See entries for 49 U.S.C.  See entries for 49
                                         airline transport pilot (ATP)                                46301(a)(1) and (a)(5).    U.S.C. 46301(a)(1) and
                                         certificate holder with                                                                 (a)(5).
                                         respect to the submission of
                                         certain safety critical
                                         information.
49 U.S.C. 44742.......................  Interference by a supervisory           N/A             N/A  See entries for 49 U.S.C.  See entries for 49
                                         employee of an organization                                  46301(a)(1).               U.S.C. 46301(a)(1).
                                         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 unmanned                N/A             N/A  $27,344..................  $29,462.
                                         aircraft or unmanned aircraft
                                         system equipped or armed with
                                         a dangerous weapon.
49 U.S.C. 46301(a)(1).................  Violation by a person other             N/A             N/A  $37,377..................  $40,272.
                                         than an individual or small
                                         business concern under 49
                                         U.S.C. 46301(a)(1)(A) or (B).

[[Page 1123]]

 
49 U.S.C. 46301(a)(1).................  Violation by an airman serving          N/A             N/A  $1,644...................  $1,771.
                                         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 individual or           N/A             N/A  $1,644...................  $1,771.
                                         small business concern under
                                         49 U.S.C. 46301(a)(1)(A) or
                                         (B) (but not covered in 49
                                         U.S.C. 46301(a)(5)).
49 U.S.C. 46301(a)(3).................  Violation of 49 U.S.C.                  N/A             N/A  Increase above otherwise   No change.
                                         47107(b) (or any assurance                                   applicable maximum
                                         made under such section) or                                  amount not to exceed 3
                                         49 U.S.C. 47133.                                             times the amount of
                                                                                                      revenues used in
                                                                                                      violation of such
                                                                                                      section.
49 U.S.C. 46301(a)(5)(A)..............  Violation by an individual or           N/A             N/A  $14,950..................  $16,108.
                                         small business concern
                                         (except an airman serving as
                                         an airman) under 49 U.S.C.
                                         46301(a)(5)(A)(i) or (ii).
49 U.S.C. 46301(a)(5)(B)(i)...........  Violation by an individual or           N/A             N/A  $14,950..................  $16,108.
                                         small business concern
                                         related to the transportation
                                         of hazardous materials.
49 U.S.C. 46301(a)(5)(B)(ii)..........  Violation by an individual or           N/A             N/A  $14,950..................  $16,108.
                                         small business concern
                                         related to the registration
                                         or recordation under 49
                                         U.S.C. chapter 441, of an
                                         aircraft not used to provide
                                         air transportation.
49 U.S.C. 46301(a)(5)(B)(iii).........  Violation by an individual or           N/A             N/A  $14,950..................  $16,108.
                                         small business concern of 49
                                         U.S.C. 44718(d), relating to
                                         limitation on construction or
                                         establishment of landfills.
49 U.S.C. 46301(a)(5)(B)(iv)..........  Violation by an individual or           N/A             N/A  $14,950..................  $16,108.
                                         small business concern of 49
                                         U.S.C. 44725, relating to the
                                         safe disposal of life-limited
                                         aircraft parts.
49 U.S.C. 46301 note..................  Individual who aims the beam            N/A             N/A  $28,605..................  $30,820.
                                         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 smoke alarm            N/A             N/A  $4,799...................  $5,171.
                                         device.
49 U.S.C. 46302.......................  Knowingly providing false               N/A             N/A  $26,066..................  $28,085.
                                         information about alleged
                                         violation involving the
                                         special aircraft jurisdiction
                                         of the United States.
49 U.S.C. 46318.......................  Physical or sexual assault or           N/A             N/A  $39,247..................  $42,287.
                                         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 an                 N/A             N/A  $14,950..................  $16,108.
                                         airport without providing
                                         sufficient notice.
49 U.S.C. 46320.......................  Operating an unmanned aircraft          N/A             N/A  $22,884..................  $24,656.
                                         and in so doing knowingly or
                                         recklessly interfering with a
                                         wildfire suppression, law
                                         enforcement, or emergency
                                         response effort.
49 U.S.C. 47531.......................  Violation of 49 U.S.C. 47528-           N/A             N/A  See entries for 49 U.S.C.  See entries for 49
                                         47530 or 47534, relating to                                  46301(a)(1) and (a)(5).    U.S.C. 46301(a)(1) and
                                         the prohibition of operating                                                            (a)(5).
                                         certain aircraft not
                                         complying with stage 3 noise
                                         levels.
--------------------------------------------------------------------------------------------------------------------------------------------------------


[[Page 1124]]

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 $40,272 (or $1,771 for 
individuals or small businesses) applies to violations of statutory 
provisions and rules or orders issued under those provisions, other 
than those listed in paragraph (b) of this section (see 49 U.S.C. 
46301(a)(1)); and
    (b) With respect to small businesses and individuals, 
notwithstanding the general civil penalty specified in paragraph (a) of 
this section, the following civil penalty limits apply:
    (1) A maximum civil penalty of $16,108 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 $8,054 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 $4,028 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 $283,009 for each violation. A separate violation occurs for each 
day the violation continues.
* * * * *

Title 33--Navigation and Navigable Waters

PART 401--SEAWAY REGULATIONS AND RULES

Subpart B--Penalties--Violations of Seaway Regulations

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

    Authority: 33 U.S.C. 981-990; 46 U.S.C. 70001-70004, 70011, and 
70032; 49 CFR 1.101, unless otherwise noted.


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


Sec.  401.102  Civil penalty.

    (a) A person, as described in Sec.  401.101(b) who violates a 
regulation in this chapter is liable to a civil penalty of not more 
than $ 111,031.
* * * * *

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 
$24,746 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 $61,982 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 $22,750 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 $ 157 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 
$31,326 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 $181,713 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))

[[Page 1125]]

within the exclusive economic zone of the United States; and
* * * * *

Title 49--Transportation

PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES

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

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


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


Sec.  107.329   Maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal 
hazardous material transportation law, an order issued thereunder, this 
subchapter, subchapter C of this chapter, or a special permit or 
approval issued under this subchapter applicable to the transportation 
of hazardous materials or the causing of them to be transported or 
shipped is liable for a civil penalty of not more than $96,624 for each 
violation, except the maximum civil penalty is $225,455 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 $582 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 
$96,624 for each violation, except the maximum civil penalty is 
$225,455 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 $582 
for violations relating to training.

Appendix A to Subpart D of Part 107 [Amended]

0
19. Amend appendix A to subpart D of part 107 by removing ``$89,678 or 
$209,249'' and ``March 21, 2022'' and adding in their places ``$96,624 
or $225,455'' and ``January 6, 2023,'' respectively.

PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS

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

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


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


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

* * * * *
    (g) Penalties for noncompliance. Each person who knowingly violates 
a requirement of the Federal hazardous material transportation law, an 
order issued under Federal hazardous material transportation law, 
subchapter A of this chapter, or a special permit or approval issued 
under subchapter A or C of this chapter is liable for a civil penalty 
of not more than $96,624 for each violation, except the maximum civil 
penalty is $225,455 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 $582 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 $257,664 
for each violation for each day the violation continues, with a maximum 
administrative civil penalty not to exceed $2,576,627 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 $94,128, 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 $1,496, which may be in addition to other 
penalties to which such person may be subject under paragraph (a) of 
this section.
* * * * *

PART 209--RAILROAD SAFETY ENFORCEMENT PROCEDURES

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

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


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


Sec.  209.103  Minimum and maximum penalties.

    (a) A person who knowingly violates a requirement of the Federal 
hazardous materials transportation laws, an order issued thereunder, 
subchapter A or C of chapter I, subtitle B, of this title, or a special 
permit or approval issued under subchapter A or C of chapter I, 
subtitle B, of this title is liable for a civil penalty of not more 
than $96,624 for each violation, except that--
    (1) The maximum civil penalty for a violation is $225,455 if the 
violation results in death, serious illness, or severe injury to any 
person, or substantial destruction of property; and
    (2) A minimum $582 civil penalty applies to a violation related to 
training.
* * * * *
    (c) The maximum and minimum civil penalties described in paragraph 
(a) of this section apply to violations occurring on or after January 
6, 2023.

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


Sec.  209.105  Notice of probable violation.

* * * * *
    (c) * * * In an amended notice, FRA may change the civil penalty 
amount proposed to be assessed up to and including the maximum penalty 
amount of $96,624 for each violation, except that if the violation 
results in death,

[[Page 1126]]

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 $225,455.


Sec.  209.409  [Amended]

0
27. Amend Sec.  209.409 as follows:
0
a. Remove the dollar amount ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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

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

* * * * *

Penalty Schedules; Assessment of Maximum Penalties

* * * * *
    * * * Effective January 6, 2023, the minimum civil monetary 
penalty was raised from $976 to $1,052, the ordinary maximum civil 
monetary penalty was raised from $31,928 to $34,401, and the 
aggravated maximum civil monetary penalty was raised from $127,712 
to $137,603.
    * * * For each regulation in this part or order, the schedule 
shows two amounts within the $1,052 to $34,401 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 $137,603 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 ``$89,678'' everywhere it appears and add 
in its place ``$96,624'';
0
b. Remove the dollar amount ``$209,249'' everywhere it appears and add 
in its place ``$225,455''; and
0
c. Remove the dollar amount ``$540'' and add in its place ``$582''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

PART 219--CONTROL OF ALCOHOL AND DRUG USE

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

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

[[Page 1127]]

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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

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

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


Sec.  223.7  [Amended]

0
50. Amend Sec.  223.7 as follows:
0
a. Remove the dollar amount ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

PART 227--OCCUPATIONAL NOISE EXPOSURE

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

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


Sec.  227.9  [Amended]

0
56. Amend Sec.  227.9 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 January 6, 2023, the minimum civil 
monetary penalty was raised from $976 to $1,052, the ordinary 
maximum civil monetary penalty was raised from $31,928 to $34,401, 
and the aggravated maximum civil monetary penalty was raised from 
$127,712 to $137,603.
* * * * *

PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS

0
60. The authority citation for part 229 continues to read as follows:


[[Page 1128]]


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


Sec.  229.7  [Amended]

0
61. Amend Sec.  229.7 in paragraph (b) as follows:
0
a. Remove the dollar amount ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

PART 234--GRADE CROSSING SAFETY

0
68. The authority citation for part 234 continues to read as follows:

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


Sec.  234.6  [Amended]

0
69. Amend Sec.  234.6 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

[[Page 1129]]

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

PART 272--CRITICAL INCIDENT STRESS PLANS

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

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


Sec.  272.11  [Amended]

0
91. Amend Sec.  272.11 in paragraph (a) as follows:
0
a. Remove the dollar amount ``$976'' and add in its place ``$1,052'';
0
b. Remove the dollar amount ``$31,928'' and add in its place 
``$34,401''; and
0
c. Remove the dollar amount ``$127,712'' and add in its place 
``$137,603''.

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 $1,288 but not more than $12,882 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 $2,232 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 $22,324 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--$2,232 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 $22,324 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 $1,116 per violation.
* * * * *

[[Page 1130]]

    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 $32,208 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 $31,536 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 $18,170 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 $31,536 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 $1,496 for each day the violation continues, up to 
$14,960.
    (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 $14,960 if such action 
misrepresents a fact that constitutes a violation other than a 
reporting or recordkeeping violation.
    (3) Non-recordkeeping violations. A person or entity that 
violates part 382, subpart A, B, C, D, E, or F, part 385, or parts 
390 through 399 of this subchapter, except a recordkeeping 
requirement, is subject to a civil penalty not to exceed $18,170 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 $4543.
    (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 $3740 for a first conviction and not less than 
$7481 for a second or subsequent conviction.
* * * * *
    (b) Commercial driver's license (CDL) violations. Any employer, 
employee, medical review officer, or service agent who violates any 
provision of 49 CFR part 382, subpart G, or any person who violates 
49 CFR part 383, subpart B, C, E, F, G, or H, is subject to a civil 
penalty not to exceed $6,755; 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 $3740 for 
a first conviction and not less than $7481 for a second or 
subsequent conviction;
    (2) An employer of a CDL-holder who knowingly allows, requires, 
permits, or authorizes an employee to operate a CMV during any 
period in which the CDL-holder is subject to an out-of-service 
order, is subject to a civil penalty of not less than $6,755 or more 
than $37,400; and
    (3) An employer of a CDL-holder who knowingly allows, requires, 
permits, or authorizes that CDL-holder to operate a CMV in violation 
of a Federal, State, or local law or regulation pertaining to 
railroad-highway grade crossings is subject to a civil penalty of 
not more than $19,389.
* * * * *
    (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 $19,933. 
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 $96,624 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 $582 and not more than $96,624 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 $96,624 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 $96,624.
    (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 $225,455 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 $32,208 (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 $96,624 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 
$225,455 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 
$12,882 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 
$12,882 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

[[Page 1131]]

is liable for a minimum penalty of $32,208 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 $12,882 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 $17,717 for an intentional violation and a 
maximum penalty of $44,294 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 
$25,767 and a maximum penalty of $51,533 per violation.
    (7) A motor carrier or freight forwarder of household goods, or 
their receiver or trustee, that does not comply with any regulation 
relating to the protection of individual shippers, is liable for a 
minimum penalty of $1,937 per violation.
    (8) A person--
    (i) Who falsifies, or authorizes an agent or other person to 
falsify, documents used in the transportation of household goods by 
motor carrier or freight forwarder to evidence the weight of a 
shipment; or
    (ii) Who charges for services which are not performed or are not 
reasonably necessary in the safe and adequate movement of the 
shipment is liable for a minimum penalty of $3,879 for the first 
violation and $9,695 for each subsequent violation.
* * * * *
    (10) A person who offers, gives, solicits, or receives 
transportation of property by a carrier at a different rate than the 
rate in effect under 49 U.S.C. 13702 is liable for a maximum penalty 
of $193,890 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 $387 for the first violation and $484 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 $971 for the first 
violation and up to $3,879 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 $971 for the first violation and up to $3,879 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 $19,389 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 $1,288 and for a 
maximum penalty of $9,695 per violation if it does not make the 
report, does not completely and truthfully answer the question 
within 30 days from the date the Secretary requires the answer, does 
not make or preserve the record in the form and manner prescribed, 
falsifies, destroys, or changes the report or record, files a false 
report or record, makes a false or incomplete entry in the record 
about a business-related fact, or prepares or preserves a record in 
violation of a regulation or order of the Secretary.
    (17) A motor carrier, water carrier, freight forwarder, or 
broker, or their officer, receiver, trustee, lessee, employee, or 
other person authorized to receive information from them, who 
discloses information identified in 49 U.S.C. 14908 without the 
permission of the shipper or consignee is liable for a maximum 
penalty of $3,879.
    (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 $971 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 $19,389 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 $14,960 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 $37,400 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 $1496 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 $14,960.
    (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 $2577 but not more than $6247 for the first violation 
and at least $3219 but not more than $9,652 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 $2,577 for the first violation or at least $6,247 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

[[Page 1132]]

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 $26,315 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 $131,564,183.
    (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 $14,960 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 
$22,440,526.
    (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 $26,315 per violation per day. The maximum 
penalty under this paragraph (a)(3) for a related series of daily 
violations is $131,564,183.
    (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 $6,441 per day. The maximum penalty under this paragraph 
(a)(4) for a related series of daily violations is $1,288,315.
    (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 $2,100 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 $3,446 for each violation. A separate violation occurs for 
each passenger motor vehicle or item of passenger motor vehicle 
equipment involved in a violation of 49 U.S.C. 32506(a)(1) or (4)--
    (i) That does not comply with a standard prescribed under 49 U.S.C. 
32502; or
    (ii) For which a certificate is not provided, or for which a false 
or misleading certificate is provided, under 49 U.S.C. 32504.
    (2) The maximum civil penalty under this paragraph (c) for a 
related series of violations is $3,837,393.
    (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 $3,446 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 $1,879,489.
    (2) Consumer tire information. Any person who fails to comply with 
the national tire fuel efficiency program under 49 U.S.C. 32304A is 
liable to the United States Government for a civil penalty of not more 
than $71,317 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 $2,100 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 $12,882 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 $1,288,315.
    (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 $12,882, 
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 $2,830 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 $707,524.
    (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 $210,161 
a day for each violation.
    (h) * * * (1) A person that violates 49 U.S.C. 32911(a) is liable 
to the United States Government for a civil penalty of not more than 
$49,534 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 $16 
(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), 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 $31 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 $48,779 per vehicle or engine. The 
maximum civil penalty for a related series of violations shall be 
determined by multiplying $48,779 times the vehicle or engine 
production volume for the model year in question within the regulatory 
averaging set.

    Signed in Washington, DC, on December 21, 2022.
Peter Paul Montgomery Buttigieg,
Secretary of Transportation.
[FR Doc. 2022-28580 Filed 1-5-23; 8:45 am]
BILLING CODE P


