81_FR_51228 81 FR 51079 - Revisions to the Civil Penalty Inflation Adjustment Tables; Correction

81 FR 51079 - Revisions to the Civil Penalty Inflation Adjustment Tables; Correction

DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration

Federal Register Volume 81, Issue 149 (August 3, 2016)

Page Range51079-51081
FR Document2016-18514

The FAA is correcting an interim final rule titled ``Revisions to the Civil Penalty Inflation Adjustment Tables'' that it published in the Federal Register on July 5, 2016. That interim final rule was the catch-up inflation adjustment to civil penalty amounts that may be imposed for violations of Federal Aviation Administration (FAA) regulations, as required by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. In that document, there were several errors that need to be corrected before the rule becomes effective. This document addresses those errors.

Federal Register, Volume 81 Issue 149 (Wednesday, August 3, 2016)
[Federal Register Volume 81, Number 149 (Wednesday, August 3, 2016)]
[Rules and Regulations]
[Pages 51079-51081]
From the Federal Register Online  [www.thefederalregister.org]
[FR Doc No: 2016-18514]


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

Federal Aviation Administration

14 CFR Parts 13 and 406

[Docket No. FAA-2016-7004 Amdt. Nos. 13-38, 406-10]
RIN 2120-AK90


Revisions to the Civil Penalty Inflation Adjustment Tables; 
Correction

AGENCY: Federal Aviation Administration (FAA), DOT.

ACTION: Interim final rule; correction.

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

SUMMARY: The FAA is correcting an interim final rule titled ``Revisions 
to the Civil Penalty Inflation Adjustment Tables'' that it published in 
the Federal Register on July 5, 2016. That interim final rule was the 
catch-up inflation adjustment to civil penalty amounts that may be 
imposed for violations of Federal Aviation Administration (FAA) 
regulations, as required by the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015. In that document, there were 
several errors that need to be corrected before the rule becomes 
effective. This document addresses those errors.

DATES: This correction is effective on August 5, 2016.

FOR FURTHER INFORMATION CONTACT: Cole R. Milliard, Attorney, Office of 
the Chief Counsel, Enforcement Division, AGC-300, Federal Aviation 
Administration, 800 Independence Avenue SW., Washington, DC 20591; 
telephone (202) 267-3452; email [email protected].

SUPPLEMENTARY INFORMATION: Prior to the July 5 final rule's 
publication, the Pipeline and Hazardous Materials Safety Administration 
(PHMSA), the Department of Transportation (DOT) agency primarily 
responsible for developing and enforcing hazardous materials 
regulations, published its catch-up adjustments for civil penalties, 
including those for violations of 49 U.S.C. 5123(a)(3). The FAA is 
amending its catch-up adjustment for 49 U.S.C. 5123(a)(3) to harmonize 
it with PHMSA's.

Background

    On July 5, 2016, the FAA published an interim final rule titled 
``Revisions to the Civil Penalty Inflation Adjustment Tables'' (81 FR 
43463). The intent of that rule is to implement the Federal Civil 
Penalties Inflation Adjustment Act of 1990 (FCPIAA), Public Law (Pub. 
L.) 101-410, as amended by the Debt Collection Improvement Act (DCIA) 
of 1996, Pub. L. 104-134, and the Federal Civil Penalties Inflation 
Adjustment Act Improvements Act of 2015 (2015 Act), Pub. L. 114-74, 
codified at 28 U.S.C. 2461 note.
    The FCPIAA, DCIA, and the 2015 Act require Federal agencies to 
adjust minimum and maximum civil penalty amounts for inflation to 
preserve their deterrent impact. The 2015 Act amended the formula and 
frequency of inflation adjustments. It required an initial catch-up 
adjustment in the form of an interim final rule, followed by annual 
adjustments of penalty amounts. The amount of the adjustment must be 
made using a strict statutory formula that was discussed in the final 
rule and is corrected as indicated below.
    As mentioned above, the FAA's interim final rule was published on 
July 5, 2016, and included an inflation adjustment for civil penalties 
associated with hazardous materials training violations under 49 U.S.C. 
5123(a)(3). On June 29, 2016, prior to the FAA's civil penalty 
inflation adjustment publication, the Pipeline and Hazardous Materials 
Safety Administration (PHMSA), the DOT agency primarily responsible for 
developing and enforcing hazardous materials regulations, also 
published its catch-up adjustments for civil penalties, including those 
for violations of 49 U.S.C. 5123(a)(3). PHMSA, however, came up with a 
different adjustment to the minimum penalty for training than the FAA. 
PHMSA read technical amendments made to section 5123(a)(3) in 2012 to 
be adjusting the minimum penalty back down from a 2009 PHMSA inflation 
adjustment. See Moving Ahead for Progress in the 21st Century Act (MAP-
21), Pub. L. 112-141, 33010, 126 Stat. 405, 837, (2012); 74 FR 68701 
(Dec. 29, 2009). It therefore concluded that 2012 was the year the 
minimum penalty was established or adjusted. FAA concluded that 2005 
was the correct year upon which to base adjustments because Congress 
established the $450 minimum that year and did not change it in its 
2012 amendments. Compare Safe, Accountable, Flexible, Efficient 
Transportation Equity Act: A Legacy for Users (SAFETEA-LU), Pub. L. 
109-59, 7120, 119 Stat. 1144, 1905 (2005) with MAP-21, 126 Stat. at 
837. Because PHMSA is the primary DOT agency in the area of hazardous 
materials safety, and because its calculation is reasonable, the FAA is 
correcting its catch-up adjustment to harmonize it with PHMSA's.
    The FAA is also making technical corrections to its interim final 
rule. First, it is correcting the effective date noted in the table 
included in 14 CFR 13.301(c), to reflect the correct effective date of 
August 5, 2016 (not August 1, 2016). Second, the word ``established'' 
is replacing the word ``set'' when used in reference to the ``catch-up 
adjustment'' formula provided by the 2015 Act to make the text of the 
interim final rule consistent with the statutory text of the 2015 Act. 
Finally, the FAA is correcting the reference to ``section 5123'' in the 
hazmat adjustment example for 49 U.S.C. 5123(a)(1), provided in the 
background section of the interim final rule, to specifically reference 
section 5123(a)(1).

Correction

    In FR Doc. 2016-7004, beginning on page 43463 in the Federal 
Register of July 5, 2016, make the following corrections:
    1. On page 43464, in the second column, under the heading 
``Background'', in the second paragraph,

[[Page 51080]]

correct the seventh line by replacing the word ``set'' with 
``established''.
    2. On page 43464, in the third column, correct the ninth line from 
the top by replacing the word ``set'' with ``established''.
    3. On page 43464, in the third column, correct subparagraph (1) by 
replacing the word ``set'' with ``established'' in both places it is 
used, replacing the word ``reset'' with ``adjusted'' and replacing the 
words ``Section 5123'' with ``Section 5123(a)(1)''.
    4. On page 43464, correct the heading of the second column of the 
table by replacing the word ``set'' with ``established''.
    5. On page 43464, correct the heading of the third column of the 
table by replacing the word ``set'' with ``established''.
    6. On page 43464, correct the second column of the table by 
replacing ``2005'' with ``2012'' in the third line (referencing 49 
U.S.C. Statute 5123(a)(3)).
    7. On page 43464, correct the fourth column of the table by 
replacing ``1.19397'' with ``1.02819'' in the third line (referencing 
49 U.S.C. Statute 5123(a)(3)).
    8. On page 43464, correct the fifth column of the table by 
replacing ``537'' with ``463'' in the third line (referencing 49 U.S.C. 
Statute 5123(a)(3)).


Sec.  13.301  [Corrected]

0
9. On page 43467, correct Sec.  13.301 by revising paragraph (c) to 
read as follows:
    (c) Minimum and maximum civil monetary penalties within the 
jurisdiction of the FAA are as follows:

                 Table of Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations Occurring on or After August 5, 2016
--------------------------------------------------------------------------------------------------------------------------------------------------------
                                                                                                                  Maximum penalty
                                     Civil monetary penalty      Minimum penalty     New or adjusted minimum     amount when last      New or adjusted
   United States Code citation            description                amount               penalty amount          established or       maximum penalty
                                                                                                               adjusted by Congress         amount
--------------------------------------------------------------------------------------------------------------------------------------------------------
49 U.S.C. 5123(a), subparagraph    Violation of hazardous     Deleted 7/6/2012....  N/A......................  $75,000 per           $77,114.
 (1).                               materials transportation                                                    violation, adjusted
                                    law.                                                                        7/6/2012.
49 U.S.C. 5123(a), subparagraph    Violation of hazardous     Deleted 7/6/2012....  N/A......................  $175,000 per          $179,933.
 (2).                               materials transportation                                                    violation, adjusted
                                    law resulting in death,                                                     7/6/2012.
                                    serious illness, severe
                                    injury, or substantial
                                    property destruction.
49 U.S.C. 5123(a), subparagraph    Violation of hazardous     $450 per violation,   $463.....................  $75,000 per           $77,114.
 (3).                               materials transportation   adjusted.                                        violation, adjusted
                                    law relating to training. 7/6/2012............                              7/6/2012.
49 U.S.C. 46301(a)(1)............  Violation by a person      N/A.................  N/A......................  $25,000 per           $32,140.
                                    other than an individual                                                    violation,
                                    or small business                                                           established 12/12/
                                    concern under 49 U.S.C.                                                     2003.
                                    46301(a)(1)(A) or (B).
49 U.S.C. 46301(a)(1)............  Violation by an airman     N/A.................  N/A......................  $1,100 per            $1,414.
                                    serving as an airman                                                        violation, adjusted
                                    under 49 U.S.C.                                                             12/12/2003.
                                    46301(a)(1)(A) or (B)
                                    (but not covered by
                                    46301(a)(5)(A) or (B).
49 U.S.C. 46301(a)(1)............  Violation by an            N/A.................  N/A......................  $1,100 per            $1,414.
                                    individual or small                                                         violation, adjusted
                                    business concern under                                                      12/12/2003.
                                    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        No change.
                                    47107(b) (or any                                                            otherwise
                                    assurance made under                                                        applicable maximum
                                    such section) or 49                                                         amount not to
                                    U.S.C. 47133.                                                               exceed 3 times the
                                                                                                                amount of revenues
                                                                                                                that are used in
                                                                                                                violation of such
                                                                                                                section.
49 U.S.C. 46301(a)(5)(A).........  Violation by an            N/A.................  N/A......................  $10,000 per           $12,856.
                                    individual or small                                                         violation,
                                    business concern (except                                                    established 12/12/
                                    an airman serving as an                                                     2003.
                                    airman) under 49 U.S.C.
                                    46301(a)(5)(A)(i) or
                                    (ii).
49 U.S.C. 46301(a)(5)(B)(i)......  Violation by an            N/A.................  N/A......................  $10,000 per           $12,856.
                                    individual or small                                                         violation,
                                    business concern related                                                    established 12/12/
                                    to the transportation of                                                    2003.
                                    hazardous materials.
49 U.S.C. 46301(a)(5)(B)(ii).....  Violation by an            N/A.................  N/A......................  $10,000 per           $12,856.
                                    individual or small                                                         violation,
                                    business concern related                                                    established 12/12/
                                    to the registration or                                                      2003.
                                    recordation under 49
                                    U.S.C. chapter 441, of
                                    an aircraft not used to
                                    provide air
                                    transportation.

[[Page 51081]]

 
49 U.S.C. 46301(a)(5)(B)(iii)....  Violation by an            N/A.................  N/A......................  $10,000 per           $12,856.
                                    individual or small                                                         violation,
                                    business concern of 49                                                      established 12/12/
                                    U.S.C. 44718(d),                                                            2003.
                                    relating to limitation
                                    on construction or
                                    establishment of
                                    landfills.
49 U.S.C. 46301(a)(5)(B)(iv).....  Violation by an            N/A.................  N/A......................  $10,000 per           $12,856.
                                    individual or small                                                         violation,
                                    business concern of 49                                                      established 12/12/
                                    U.S.C. 44725, relating                                                      2003.
                                    to the safe disposal of
                                    life-limited aircraft
                                    parts.
49 U.S.C. 46301(b)...............  Tampering with a smoke     N/A.................  N/A......................  $2,000 per            $4,126.
                                    alarm device.                                                               violation,
                                                                                                                established 12/22/
                                                                                                                1987.
49 U.S.C. 46302..................  Knowingly providing false  N/A.................  N/A......................  $10,000 per           $22,587.
                                    information about                                                           violation,
                                    alleged violation                                                           established 10/12/
                                    involving the special                                                       1984.
                                    aircraft jurisdiction of
                                    the United States.
49 U.S.C. 46318..................  Interference with cabin    N/A.................  N/A......................  $25,000, established  $34,172.
                                    or flight crew.                                                             4/5/2000.
49 U.S.C. 46319..................  Permanent closure of an    N/A.................  N/A......................  $10,000 per day,      $12,856.
                                    airport without                                                             established 12/12/
                                    providing sufficient                                                        2003.
                                    notice.
49 U.S.C. 47531..................  Violation of 49 U.S.C.     N/A.................  N/A......................  See 49 U.S.C.         No change.
                                    47528-47530, relating to                                                    46301(a)(1)(A) and
                                    the prohibition of                                                          (a)(5), above.
                                    operating certain
                                    aircraft not complying
                                    with stage 3 noise
                                    levels.
--------------------------------------------------------------------------------------------------------------------------------------------------------


    Issued under authority provided by 28 U.S.C. 2461 and 49 U.S.C. 
106(f), 44701(a), and 46301 in Washington, DC, on July 26, 2016.
Lirio Liu,
Director, Office of Rulemaking.
[FR Doc. 2016-18514 Filed 8-2-16; 8:45 am]
 BILLING CODE 4910-13-P



                                                              Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations                                         51079

                                             After that date, these substances will be               adjustment to civil penalty amounts that              violations under 49 U.S.C. 5123(a)(3).
                                             prohibited in organic processing.                       may be imposed for violations of                      On June 29, 2016, prior to the FAA’s
                                                                                                     Federal Aviation Administration (FAA)                 civil penalty inflation adjustment
                                             List of Subjects in 7 CFR Part 205
                                                                                                     regulations, as required by the Federal               publication, the Pipeline and Hazardous
                                               Records, Imports, Labeling,                           Civil Penalties Inflation Adjustment Act              Materials Safety Administration
                                             Organically produced products, Plants,                  Improvements Act of 2015. In that                     (PHMSA), the DOT agency primarily
                                             Reporting and recordkeeping                             document, there were several errors that              responsible for developing and
                                             requirements, Seals and insignia, Soil                  need to be corrected before the rule                  enforcing hazardous materials
                                             conservation.                                           becomes effective. This document                      regulations, also published its catch-up
                                               For the reasons set forth in the                      addresses those errors.                               adjustments for civil penalties,
                                             preamble, 7 CFR part 205 is amended as                  DATES: This correction is effective on                including those for violations of 49
                                             follows:                                                August 5, 2016.                                       U.S.C. 5123(a)(3). PHMSA, however,
                                                                                                     FOR FURTHER INFORMATION CONTACT: Cole
                                                                                                                                                           came up with a different adjustment to
                                             PART 205—NATIONAL ORGANIC                                                                                     the minimum penalty for training than
                                                                                                     R. Milliard, Attorney, Office of the Chief
                                             PROGRAM                                                                                                       the FAA. PHMSA read technical
                                                                                                     Counsel, Enforcement Division, AGC–
                                                                                                                                                           amendments made to section 5123(a)(3)
                                             ■ 1. The authority citation for 7 CFR                   300, Federal Aviation Administration,
                                                                                                                                                           in 2012 to be adjusting the minimum
                                             part 205 continues to read as follows:                  800 Independence Avenue SW.,
                                                                                                                                                           penalty back down from a 2009 PHMSA
                                                                                                     Washington, DC 20591; telephone (202)
                                                 Authority: 7 U.S.C. 6501–6522.                                                                            inflation adjustment. See Moving Ahead
                                                                                                     267–3452; email Cole.Milliard@faa.gov.
                                                                                                                                                           for Progress in the 21st Century Act
                                             § 205.605    [Amended]                                  SUPPLEMENTARY INFORMATION: Prior to                   (MAP–21), Pub. L. 112–141, 33010, 126
                                             ■ 2. Amend § 205.605 by:                                the July 5 final rule’s publication, the              Stat. 405, 837, (2012); 74 FR 68701 (Dec.
                                             ■ A. In paragraph (a), remove the                       Pipeline and Hazardous Materials Safety               29, 2009). It therefore concluded that
                                             substance ‘‘Egg white lysozyme (CAS #                   Administration (PHMSA), the                           2012 was the year the minimum penalty
                                             9001–63–2)’’.                                           Department of Transportation (DOT)                    was established or adjusted. FAA
                                             ■ B. In paragraph (b), remove the                       agency primarily responsible for                      concluded that 2005 was the correct
                                             substances ‘‘Cyclohexylamine (CAS #                     developing and enforcing hazardous                    year upon which to base adjustments
                                             108–91–8)—for use only as a boiler                      materials regulations, published its                  because Congress established the $450
                                             water additive for packaging                            catch-up adjustments for civil penalties,             minimum that year and did not change
                                             sterilization’’; ‘‘Diethylaminoethanol                  including those for violations of 49                  it in its 2012 amendments. Compare
                                             (CAS # 100–37–8)—for use only as a                      U.S.C. 5123(a)(3). The FAA is amending                Safe, Accountable, Flexible, Efficient
                                             boiler water additive for packaging                     its catch-up adjustment for 49 U.S.C.                 Transportation Equity Act: A Legacy for
                                             sterilization’’; ‘‘Octadecylamine (CAS #                5123(a)(3) to harmonize it with                       Users (SAFETEA–LU), Pub. L. 109–59,
                                             124–30–1)—for use only as a boiler                      PHMSA’s.                                              7120, 119 Stat. 1144, 1905 (2005) with
                                             water additive for packaging                            Background                                            MAP–21, 126 Stat. at 837. Because
                                             sterilization’’; and ‘‘Tetrasodium                                                                            PHMSA is the primary DOT agency in
                                             pyrophosphate (CAS # 7722–88–5)—for                        On July 5, 2016, the FAA published                 the area of hazardous materials safety,
                                             use only in meat analog products’’.                     an interim final rule titled ‘‘Revisions to           and because its calculation is
                                                                                                     the Civil Penalty Inflation Adjustment                reasonable, the FAA is correcting its
                                               Dated: July 26, 2016.                                 Tables’’ (81 FR 43463). The intent of                 catch-up adjustment to harmonize it
                                             Elanor Starmer,                                         that rule is to implement the Federal                 with PHMSA’s.
                                             Administrator, Agricultural Marketing                   Civil Penalties Inflation Adjustment Act                 The FAA is also making technical
                                             Service.                                                of 1990 (FCPIAA), Public Law (Pub. L.)                corrections to its interim final rule.
                                             [FR Doc. 2016–18108 Filed 8–2–16; 8:45 am]              101–410, as amended by the Debt                       First, it is correcting the effective date
                                             BILLING CODE 3410–02–P                                  Collection Improvement Act (DCIA) of                  noted in the table included in 14 CFR
                                                                                                     1996, Pub. L. 104–134, and the Federal                13.301(c), to reflect the correct effective
                                                                                                     Civil Penalties Inflation Adjustment Act              date of August 5, 2016 (not August 1,
                                             DEPARTMENT OF TRANSPORTATION                            Improvements Act of 2015 (2015 Act),                  2016). Second, the word ‘‘established’’
                                                                                                     Pub. L. 114–74, codified at 28 U.S.C.                 is replacing the word ‘‘set’’ when used
                                             Federal Aviation Administration                         2461 note.                                            in reference to the ‘‘catch-up
                                                                                                        The FCPIAA, DCIA, and the 2015 Act                 adjustment’’ formula provided by the
                                             14 CFR Parts 13 and 406                                 require Federal agencies to adjust                    2015 Act to make the text of the interim
                                             [Docket No. FAA–2016–7004 Amdt. Nos. 13–
                                                                                                     minimum and maximum civil penalty                     final rule consistent with the statutory
                                             38, 406–10]                                             amounts for inflation to preserve their               text of the 2015 Act. Finally, the FAA
                                                                                                     deterrent impact. The 2015 Act                        is correcting the reference to ‘‘section
                                             RIN 2120–AK90                                           amended the formula and frequency of                  5123’’ in the hazmat adjustment
                                                                                                     inflation adjustments. It required an                 example for 49 U.S.C. 5123(a)(1),
                                             Revisions to the Civil Penalty Inflation
                                                                                                     initial catch-up adjustment in the form               provided in the background section of
                                             Adjustment Tables; Correction
                                                                                                     of an interim final rule, followed by                 the interim final rule, to specifically
                                             AGENCY:  Federal Aviation                               annual adjustments of penalty amounts.                reference section 5123(a)(1).
                                             Administration (FAA), DOT.                              The amount of the adjustment must be
                                                                                                     made using a strict statutory formula                 Correction
                                             ACTION: Interim final rule; correction.
rmajette on DSK2TPTVN1PROD with RULES




                                                                                                     that was discussed in the final rule and                 In FR Doc. 2016–7004, beginning on
                                             SUMMARY:   The FAA is correcting an                     is corrected as indicated below.                      page 43463 in the Federal Register of
                                             interim final rule titled ‘‘Revisions to                   As mentioned above, the FAA’s                      July 5, 2016, make the following
                                             the Civil Penalty Inflation Adjustment                  interim final rule was published on July              corrections:
                                             Tables’’ that it published in the Federal               5, 2016, and included an inflation                       1. On page 43464, in the second
                                             Register on July 5, 2016. That interim                  adjustment for civil penalties associated             column, under the heading
                                             final rule was the catch-up inflation                   with hazardous materials training                     ‘‘Background’’, in the second paragraph,


                                        VerDate Sep<11>2014   14:12 Aug 02, 2016   Jkt 238001   PO 00000   Frm 00005   Fmt 4700   Sfmt 4700   E:\FR\FM\03AUR1.SGM   03AUR1


                                             51080            Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations

                                             correct the seventh line by replacing the                  4. On page 43464, correct the heading                           ‘‘1.19397’’ with ‘‘1.02819’’ in the third
                                             word ‘‘set’’ with ‘‘established’’.                      of the second column of the table by                               line (referencing 49 U.S.C. Statute
                                                2. On page 43464, in the third                       replacing the word ‘‘set’’ with                                    5123(a)(3)).
                                             column, correct the ninth line from the                 ‘‘established’’.                                                      8. On page 43464, correct the fifth
                                                                                                        5. On page 43464, correct the heading                           column of the table by replacing ‘‘537’’
                                             top by replacing the word ‘‘set’’ with
                                                                                                     of the third column of the table by                                with ‘‘463’’ in the third line (referencing
                                             ‘‘established’’.
                                                                                                     replacing the word ‘‘set’’ with                                    49 U.S.C. Statute 5123(a)(3)).
                                                3. On page 43464, in the third                       ‘‘established’’.
                                             column, correct subparagraph (1) by                        6. On page 43464, correct the second                            § 13.301     [Corrected]
                                             replacing the word ‘‘set’’ with                         column of the table by replacing ‘‘2005’’
                                             ‘‘established’’ in both places it is used,              with ‘‘2012’’ in the third line                                    ■ 9. On page 43467, correct § 13.301 by
                                             replacing the word ‘‘reset’’ with                       (referencing 49 U.S.C. Statute                                     revising paragraph (c) to read as follows:
                                             ‘‘adjusted’’ and replacing the words                    5123(a)(3)).                                                         (c) Minimum and maximum civil
                                             ‘‘Section 5123’’ with ‘‘Section                            7. On page 43464, correct the fourth                            monetary penalties within the
                                             5123(a)(1)’’.                                           column of the table by replacing                                   jurisdiction of the FAA are as follows:

                                                TABLE OF MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS OCCURRING ON OR
                                                                                       AFTER AUGUST 5, 2016
                                                                                                                                                                                Maximum penalty
                                                                                                                                                      New or adjusted           amount when last      New or adjusted
                                              United States Code                                                        Minimum penalty
                                                                         Civil monetary penalty description                                              minimum                 established or       maximum penalty
                                                    citation                                                                amount                    penalty amount              adjusted by             amount
                                                                                                                                                                                   Congress

                                             49 U.S.C. 5123(a),       Violation of hazardous materials trans-          Deleted 7/6/2012 ..            N/A ...................   $75,000 per viola-    $77,114.
                                               subparagraph (1).        portation law.                                                                                            tion, adjusted 7/
                                                                                                                                                                                  6/2012.
                                             49 U.S.C. 5123(a),       Violation of hazardous materials trans-          Deleted 7/6/2012 ..            N/A ...................   $175,000 per viola-   $179,933.
                                               subparagraph (2).        portation law resulting in death, se-                                                                     tion, adjusted 7/
                                                                        rious illness, severe injury, or sub-                                                                     6/2012.
                                                                        stantial property destruction.
                                             49 U.S.C. 5123(a),       Violation of hazardous materials trans-          $450 per violation,            $463 .................    $75,000 per viola-    $77,114.
                                               subparagraph (3).        portation law relating to training.              adjusted.                                                tion, adjusted 7/
                                                                                                                       7/6/2012 ................                                  6/2012.
                                             49 U.S.C.                Violation by a person other than an in-          N/A ........................   N/A ...................   $25,000 per viola-    $32,140.
                                               46301(a)(1).             dividual or small business concern                                                                        tion, established
                                                                        under 49 U.S.C. 46301(a)(1)(A) or                                                                         12/12/2003.
                                                                        (B).
                                             49 U.S.C.                Violation by an airman serving as an             N/A ........................   N/A ...................   $1,100 per viola-     $1,414.
                                               46301(a)(1).             airman      under      49     U.S.C.                                                                      tion, adjusted
                                                                        46301(a)(1)(A) or (B) (but not cov-                                                                       12/12/2003.
                                                                        ered by 46301(a)(5)(A) or (B).
                                             49 U.S.C.                Violation by an individual or small              N/A ........................   N/A ...................   $1,100 per viola-     $1,414.
                                               46301(a)(1).             business concern under 49 U.S.C.                                                                          tion, adjusted
                                                                        46301(a)(1)(A) or (B) (but not cov-                                                                       12/12/2003.
                                                                        ered in 49 U.S.C. 46301(a)(5)).
                                             49 U.S.C.                Violation of 49 U.S.C. 47107(b) (or              N/A ........................   N/A ...................   Increase above        No change.
                                               46301(a)(3).             any assurance made under such                                                                             otherwise appli-
                                                                        section) or 49 U.S.C. 47133.                                                                              cable maximum
                                                                                                                                                                                  amount not to
                                                                                                                                                                                  exceed 3 times
                                                                                                                                                                                  the amount of
                                                                                                                                                                                  revenues that
                                                                                                                                                                                  are used in vio-
                                                                                                                                                                                  lation of such
                                                                                                                                                                                  section.
                                             49 U.S.C.                Violation by an individual or small              N/A ........................   N/A ...................   $10,000 per viola-    $12,856.
                                               46301(a)(5)(A).          business concern (except an airman                                                                        tion, established
                                                                        serving as an airman) under 49                                                                            12/12/2003.
                                                                        U.S.C. 46301(a)(5)(A)(i) or (ii).
                                             49 U.S.C.                Violation by an individual or small              N/A ........................   N/A ...................   $10,000 per viola-    $12,856.
                                               46301(a)(5)(B)(i).       business concern related to the                                                                           tion, established
                                                                        transportation of hazardous mate-                                                                         12/12/2003.
                                                                        rials.
                                             49 U.S.C.                Violation by an individual or small              N/A ........................   N/A ...................   $10,000 per viola-    $12,856.
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                                               46301(a)(5)(B)(ii).      business concern related to the reg-                                                                      tion, established
                                                                        istration or recordation under 49                                                                         12/12/2003.
                                                                        U.S.C. chapter 441, of an aircraft
                                                                        not used to provide air transpor-
                                                                        tation.




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                                                              Federal Register / Vol. 81, No. 149 / Wednesday, August 3, 2016 / Rules and Regulations                                                            51081

                                                TABLE OF MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS OCCURRING ON OR
                                                                                   AFTER AUGUST 5, 2016—Continued
                                                                                                                                                                                Maximum penalty
                                                                                                                                                      New or adjusted           amount when last      New or adjusted
                                              United States Code                                                        Minimum penalty
                                                                         Civil monetary penalty description                                              minimum                 established or       maximum penalty
                                                    citation                                                                amount                    penalty amount              adjusted by             amount
                                                                                                                                                                                   Congress

                                             49 U.S.C.              Violation by an individual or small                N/A ........................   N/A ...................   $10,000 per viola-    $12,856.
                                               46301(a)(5)(B)(iii).   business concern of 49 U.S.C.                                                                               tion, established
                                                                      44718(d), relating to limitation on                                                                         12/12/2003.
                                                                      construction or establishment of
                                                                      landfills.
                                             49 U.S.C.              Violation by an individual or small                N/A ........................   N/A ...................   $10,000 per viola-    $12,856.
                                               46301(a)(5)(B)(iv).    business concern of 49 U.S.C.                                                                               tion, established
                                                                      44725, relating to the safe disposal                                                                        12/12/2003.
                                                                      of life-limited aircraft parts.
                                             49 U.S.C. 46301(b) Tampering with a smoke alarm device                    N/A ........................   N/A ...................   $2,000 per viola-     $4,126.
                                                                                                                                                                                  tion, established
                                                                                                                                                                                  12/22/1987.
                                             49 U.S.C. 46302 ....     Knowingly providing false information            N/A ........................   N/A ...................   $10,000 per viola-    $22,587.
                                                                         about alleged violation involving the                                                                    tion, established
                                                                         special aircraft jurisdiction of the                                                                     10/12/1984.
                                                                         United States.
                                             49 U.S.C. 46318 ....     Interference with cabin or flight crew ..        N/A ........................   N/A ...................   $25,000, estab-       $34,172.
                                                                                                                                                                                  lished 4/5/2000.
                                             49 U.S.C. 46319 ....     Permanent closure of an airport with-            N/A ........................   N/A ...................   $10,000 per day,      $12,856.
                                                                        out providing sufficient notice.                                                                          established 12/
                                                                                                                                                                                  12/2003.
                                             49 U.S.C. 47531 ....     Violation of 49 U.S.C. 47528–47530,              N/A ........................   N/A ...................   See 49 U.S.C.         No change.
                                                                        relating to the prohibition of oper-                                                                      46301(a)(1)(A)
                                                                        ating certain aircraft not complying                                                                      and (a)(5),
                                                                        with stage 3 noise levels.                                                                                above.



                                               Issued under authority provided by 28                 technology envisioned in the                                       Avenue SE., Washington, DC, between 9
                                             U.S.C. 2461 and 49 U.S.C. 106(f), 44701(a),             airworthiness standards for transport-                             a.m. and 5 p.m., Monday through
                                             and 46301 in Washington, DC, on July 26,                category airplanes. These design                                   Friday, except Federal holidays.
                                             2016.                                                   features are single-occupant oblique                                 • Fax: Fax comments to Docket
                                             Lirio Liu,                                              (side-facing) seats with inflatable and 3-                         Operations at 202–493–2251.
                                             Director, Office of Rulemaking.                         point restraint systems requiring                                     Privacy: The FAA will post all
                                             [FR Doc. 2016–18514 Filed 8–2–16; 8:45 am]              dynamic testing. The applicable                                    comments it receives, without change,
                                             BILLING CODE 4910–13–P                                  airworthiness regulations do not contain                           to http://www.regulations.gov/,
                                                                                                     adequate or appropriate safety standards                           including any personal information the
                                                                                                     for these design features. These special                           commenter provides. Using the search
                                             DEPARTMENT OF TRANSPORTATION                            conditions contain the additional safety                           function of the docket Web site, anyone
                                                                                                     standards that the Administrator                                   can find and read the electronic form of
                                             Federal Aviation Administration                         considers necessary to establish a level                           all comments received into any FAA
                                                                                                     of safety equivalent to that established                           docket, including the name of the
                                             14 CFR Part 25                                          by the existing airworthiness standards.                           individual sending the comment (or
                                             [Docket No. FAA–2016–5909; Special                      DATES: This action is effective on Boeing                          signing the comment for an association,
                                             Conditions No. 25–626–SC]                               on August 3, 2016. We must receive                                 business, labor union, etc.). DOT’s
                                                                                                     your comments by September 19, 2016.                               complete Privacy Act Statement can be
                                             Special Conditions: The Boeing                                                                                             found in the Federal Register published
                                                                                                     ADDRESSES: Send comments identified
                                             Company Model 787–9 Series Airplane;                                                                                       on April 11, 2000 (65 FR 19477–19478),
                                             Dynamic Test Requirements for Single-                   by docket number FAA–2016–5909
                                                                                                     using any of the following methods:                                as well as at http://DocketsInfo.dot.
                                             Occupant Oblique (Side-Facing) Seats                                                                                       gov/.
                                             With Inflatable and 3-Point Restraint                      • Federal eRegulations Portal: Go to
                                                                                                     http://www.regulations.gov/and follow                                 Docket: Background documents or
                                             Systems                                                                                                                    comments received may be read at
                                                                                                     the online instructions for sending your
                                             AGENCY:  Federal Aviation                               comments electronically.                                           http://www.regulations.gov/ at any time.
                                             Administration (FAA), DOT.                                 • Mail: Send comments to Docket                                 Follow the online instructions for
                                                                                                     Operations, M–30, U.S. Department of                               accessing the docket or go to Docket
                                             ACTION: Final special conditions; request
                                                                                                     Transportation (DOT), 1200 New Jersey                              Operations in Room W12–140 of the
                                             for comments.
                                                                                                     Avenue SE., Room W12–140, West                                     West Building Ground Floor at 1200
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                                             SUMMARY:   These special conditions are                 Building Ground Floor, Washington, DC                              New Jersey Avenue SE., Washington,
                                             issued for The Boeing Company                           20590–0001.                                                        DC, between 9 a.m. and 5 p.m., Monday
                                             (Boeing) Model 787–9 series airplane.                      • Hand Delivery or Courier: Take                                through Friday, except Federal holidays.
                                             This airplane, as modified by Boeing,                   comments to Docket Operations in                                   FOR FURTHER INFORMATION CONTACT: Jeff
                                             will have novel or unusual design                       Room W12–140 of the West Building                                  Gardlin, FAA, Airframe and Cabin
                                             features when compared to the state of                  Ground Floor at 1200 New Jersey                                    Safety branch, ANM–115, Transport


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Document Created: 2016-08-02 23:43:56
Document Modified: 2016-08-02 23:43:56
CategoryRegulatory Information
CollectionFederal Register
sudoc ClassAE 2.7:
GS 4.107:
AE 2.106:
PublisherOffice of the Federal Register, National Archives and Records Administration
SectionRules and Regulations
ActionInterim final rule; correction.
DatesThis correction is effective on August 5, 2016.
ContactCole R. Milliard, Attorney, Office of the Chief Counsel, Enforcement Division, AGC-300, Federal Aviation Administration, 800 Independence Avenue SW., Washington, DC 20591; telephone (202) 267-3452; email [email protected]
FR Citation81 FR 51079 
RIN Number2120-AK90
CFR Citation14 CFR 13
14 CFR 406

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