[Federal Register Volume 88, Number 22 (Thursday, February 2, 2023)]
[Rules and Regulations]
[Page 6971]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 2023-02153]



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  Federal Register / Vol. 88, No. 22 / Thursday, February 2, 2023 / 
Rules and Regulations  

[[Page 6971]]



DEPARTMENT OF TRANSPORTATION

Federal Aviation Administration

14 CFR Part 13

RIN 2105-AF12


Revisions to Civil Penalty Amounts; Correction

AGENCY: Federal Aviation Administration (FAA), Department of 
Transportation (DOT or the Department).

ACTION: Correcting amendments.

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

SUMMARY: In accordance with the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015, DOT published a final rule on 
January 6, 2023, to provide the 2023 inflation adjustment to civil 
penalty amounts that may be imposed for violations of certain DOT 
regulations. This rule corrects errors in that rulemaking by making the 
statutorily required adjustment to an unadjusted FAA penalty and 
updating a table heading.

DATES: Effective February 2, 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, [email protected].

SUPPLEMENTARY INFORMATION: This rule corrects errors in DOT's final 
rule, published on January 6, 2023 (88 FR 1114), in accordance with the 
Federal Civil Penalties Inflation Adjustment Act Improvements Act of 
2015, providing the 2023 inflation adjustment to civil penalty amounts 
that may be imposed for violations of certain DOT regulations. 
Specifically, the final rule specified the updated applicable minimum 
penalty for violation of hazardous materials transportation law 
relating to training in 49 U.S.C. 5123(a)(3) of $582 (and the prior 
year's penalty of $540) in the preamble of the final rule, but the 
penalty specified in the regulatory text was not updated and remained 
as $540 (the prior year's penalty also remained unadjusted at $508). In 
addition, a table heading in Table 1 to Sec.  13.301 was not updated 
from ``2021 Minimum penalty amount'' to ``2022 Minimum penalty 
amount.'' DOT publishes this final rule to correct those errors.

Regulatory Analysis and Notices

    DOT has determined that the regulatory reviews and analyses 
conducted in support of the January 6, 2023, final rule remain 
unchanged because of this final rule.

List of Subjects in 14 CFR Part 13

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

    Accordingly, the Department of Transportation amends 14 CFR part 13 
by making the following correcting amendments:

PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES

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

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


0
2. Amend Sec.  13.301 in paragraph (c), table 1, by revising the 
heading of the third column and the entry for ``49 U.S.C. 5123(a)(3)'' 
to read as follows:


Sec.  13.301  Inflation adjustments of civil monetary penalties.

* * * * *
    (c) * * *

       Table 1 to Sec.   13.301--Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations
----------------------------------------------------------------------------------------------------------------
                                                                   New adjusted                   New adjusted
                                                                 minimum penalty                maximum penalty
                                   Civil monetary      2022         amount for        2022         amount for
  United States Code citation         penalty         Minimum       violations       Maximum       violations
                                    description       penalty    occurring on  or    penalty    occurring on  or
                                                      amount    after  January 6,    amount    after  January 6,
                                                                       2023                           2023
----------------------------------------------------------------------------------------------------------------
 
                                                  * * * * * * *
49 U.S.C. 5123(a)(3)...........  Violation of             $540               $582     $89,678            $96,624
                                  hazardous
                                  materials
                                  transportation
                                  law relating to
                                  training.
 
                                                  * * * * * * *
----------------------------------------------------------------------------------------------------------------


    Signed under authority provided by 28 U.S.C. 2461 note and 49 
CFR 1.27 in Washington, DC, on January 27th, 2023.
John E. Putnam,
General Counsel, U.S. Department of Transportation.
[FR Doc. 2023-02153 Filed 2-1-23; 8:45 am]
BILLING CODE 4910-13-P


