83 FR 60732 - Revisions to Civil Penalty Amounts
DEPARTMENT OF TRANSPORTATION
Federal Aviation Administration
Office of the Secretary
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 Federal Register Volume 83, Issue 228 (November 27, 2018)
Federal Aviation Administration
Office of the Secretary
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
Federal Register Volume 83, Issue 228 (November 27, 2018)
| Page Range | 60732-60754 | |
| FR Document | 2018-24930 |
[Federal Register Volume 83, Number 228 (Tuesday, November 27, 2018)] [Rules and Regulations] [Pages 60732-60754] From the Federal Register Online [www.thefederalregister.org] [FR Doc No: 2018-24930] ======================================================================= ----------------------------------------------------------------------- DEPARTMENT OF TRANSPORTATION Federal Aviation Administration 14 CFR Part 13 Office of the Secretary 14 CFR Part 383 Federal Aviation Administration 14 CFR Part 406 Saint Lawrence Seaway Development Corporation 33 CFR Part 401 [[Page 60733]] 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, 232, 233, 234, 235, 236, 237, 238, 239, 240, 241, 242, 243, 244, 270, and 272 Federal Motor Carrier Safety Administration 49 CFR Part 386 National Highway Traffic Safety Administration 49 CFR Part 578 RIN 2105-AE70 Revisions to Civil Penalty Amounts AGENCY: Department of Transportation (DOT or the Department). ACTION: Final rule. ----------------------------------------------------------------------- SUMMARY: In accordance with the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015, this final rule provides the 2018 inflation adjustment to civil penalty amounts that may be imposed for violations of certain DOT regulations. This rule also finalizes the National Highway Traffic Safety Administration's and the Office of the Secretary's catch-up inflation adjustment interim final rules required by the same Act. DATES: Effective November 27, 2018. FOR FURTHER INFORMATION CONTACT: Alex Zektser, Attorney-Advisor, Office of the General Counsel, U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 202-366-9301, [email protected] (email). 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 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 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 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 for inflation. The 2015 Act directed the Office of Management and Budget (OMB) to issue guidance on implementing the required annual inflation adjustment no later than December 15 of each year.\1\ On December 15, 2017, OMB released this required guidance, in OMB Memorandum M-18-03, which provides instructions on how to calculate the 2018 annual adjustment. To derive the 2018 adjustment, the Department must multiply the maximum or minimum penalty amount by the percent change between the October 2017 Consumer Price Index for All Urban Consumers (CPI-U) and the October 2016 CPI-U. In this case, as explained in OMB Memorandum M-18- 03, the percent change between the October 2017 CPI-U (246.663) and the October 2016 CPI-U (241.729) is 1.02041. --------------------------------------------------------------------------- \1\ 28 U.S.C. 2461 note. --------------------------------------------------------------------------- II. Dispensing With Notice and Comment 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. NHTSA and OST are finalizing their ``catch-up'' adjustment interim final rules in this annual adjustment. Pursuant to the 2015 Act and notwithstanding 5 U.S.C. 553, NHTSA and OST adopt their interim final rules as final and superseded by this rule. Accordingly, DOT is publishing this final rule without prior notice and comment, and with an immediate effective date. Additionally, the Act clearly prescribes the frequency with which civil monetary penalties must be reviewed and adjusted. NHTSA's regulations at 49 CFR 578.5 stating that the Administrator will review and, if necessary, adjust its civil penalties every four years is superseded by the Act. NHTSA has no discretion to review and adjust its civil penalties at different intervals, and is therefore conforming its regulations to the requirements of the Act, as discussed in section IV below. Accordingly, and pursuant to 5 U.S.C. 553(b)(3)(B), 553(d)(3), DOT finds that good cause exists for immediate implementation of this provision of the 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. OST and NHTSA have not yet finalized their IFRs, and accordingly, this rule both finalizes OST and NHTSA's ``catch up'' IFRs and makes the annual inflation adjustment required by the 2015 Act. All other DOT operating administrations have already finalized their ``catch up'' IFRs and for those operating administrations, this rule makes the annual inflation 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. OST ``Catch-Up'' IFR and 2017 and 2018 Adjustments OST's ``catch-up'' IFR is finalized in this rule, and superseded by the annual inflation adjustment discussed in the next section. Additionally, OST is updating its civil monetary penalties to reflect inflation for both 2017 and 2018 in this rule. OST did not timely complete the 2017 annual adjustment for civil penalties contained in 49 U.S.C. [[Page 60734]] 46301. However, consistent with the intent of the law and to ensure uniform year-over-year application of the 2015 Act, the 2018 update is being calculated as if the 2017 update had occurred. No violations will be assessed at the 2017 inflation adjustment amount. It is included in the chart below to clearly show the Department's calculations. OST's 2018 civil penalty adjustments are summarized in the chart below. ---------------------------------------------------------------------------------------------------------------- Unpromulgated 2017 adjustment New penalty (2017 Description Citation Existing penalty (existing penalty adjustment x x 1.01636) 1.02041) ---------------------------------------------------------------------------------------------------------------- General civil penalty for 49 U.S.C. $32,140 $32,666 $33,333 violations of certain aviation 46301(a)(1). economic regulations and statutes. General civil penalty for 49 U.S.C. 1,414 1,437 1,466 violations of certain aviation 46301(a)(1). economic regulations and statutes involving an individual or small business concern. Civil penalties for individuals 49 U.S.C. 12,856 13,066 13,333 or small businesses for 46301(a)(5)(A). 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 49 U.S.C. 6,428 6,533 6,666 or small businesses for 46301(a)(5)(C). violations of 49 U.S.C. 41719 and rules and orders issued pursuant to that provision. Civil penalties for individuals 49 U.S.C. 3,214 3,267 3,334 or small businesses for 46301(a)(5)(D). violations of 49 U.S.C. 41712 or consumer protection rules and orders issued pursuant to that provision. ---------------------------------------------------------------------------------------------------------------- B. FAA 2018 Annual Adjustment In 2016, Congress enacted 49 U.S.C. 46320. It imposes a civil penalty of not more than $20,000 for operating an unmanned aircraft where the operator knowingly or recklessly interferes with a wildfire suppression, law enforcement, or emergency response effort. The FAA did not adjust this maximum civil penalty for inflation in 2017 because, per OMB guidance, new civil monetary penalties are not adjusted for inflation the first year they are in effect.\2\ Therefore, the FAA is applying the 2018 adjustment directly to the statutory maximum of $20,000. The 2018 adjustment is therefore $20,408. --------------------------------------------------------------------------- \2\ OMB Memorandum M-16-06. --------------------------------------------------------------------------- The FAA's 2018 adjustments are summarized in the following chart: ---------------------------------------------------------------------------------------------------------------- New penalty Description Citation Existing penalty (existing penalty x 1.02041) ---------------------------------------------------------------------------------------------------------------- Violation of hazardous materials 49 U.S.C. 5123(a)(1)......... $78,376 $79,976 transportation law. Violation of hazardous materials 49 U.S.C. 5123(a)(2)......... 182,877 186,610 transportation law resulting in death, serious illness, severe injury, or substantial property destruction. Minimum penalty for violation of hazardous 49 U.S.C. 5123(a)(3)......... 471 481 materials transportation law relating to training. Maximum penalty for violation of hazardous 49 U.S.C. 5123(a)(3)......... 78,376 79,976 materials transportation law relating to training. Violation by a person other than an 49 U.S.C. 46301(a)(1)........ 32,666 33,333 individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B). Violation by an airman serving as an airman 49 U.S.C. 46301(a)(1)........ 1,437 1,466 under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)). Violation by an individual or small 49 U.S.C. 46301(a)(1)........ 1,437 1,466 business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered in 49 U.S.C. 46301(a)(5)). Violation by an individual or small 49 U.S.C. 46301(a)(5)(A)..... 13,066 13,333 business concern (except an airman serving as an airman) under 49 U.S.C. 46301(a)(5)(A)(i) or (ii). Violation by an individual or small 49 U.S.C. 46301(a)(5)(B)(i).. 13,066 13,333 business concern related to the transportation of hazardous materials. Violation by an individual or small 49 U.S.C. 46301(a)(5)(B)(ii). 13,066 13,333 business concern related to the registration or recordation under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation. Violation by an individual or small 49 U.S.C. 46301(a)(5)(B)(iii) 13,066 13,333 business concern of 49 U.S.C. 44718(d), relating to limitation on construction or establishment of landfills. Violation by an individual or small 49 U.S.C. 46301(a)(5)(B)(iv). 13,066 13,333 business concern of 49 U.S.C. 44725, relating to the safe disposal of life- limited aircraft parts. Tampering with a smoke alarm device........ 49 U.S.C. 46301(b)........... 4,194 4,280 [[Page 60735]] Knowingly providing false information about 49 U.S.C. 46302.............. 22,957 23,426 alleged violation involving the special aircraft jurisdiction of the United States. Interference with cabin or flight crew..... 49 U.S.C. 46318.............. 34,731 35,440 Permanent closure of an airport without 49 U.S.C. 46319.............. 13,066 13,333 providing sufficient notice. Operating an unmanned aircraft and in so 49 U.S.C. 46320.............. 20,000 20,408 doing knowingly or recklessly interfering with a wildfire suppression, law enforcement, or emergency response effort. Violation of 51 U.S.C. 50901-50923, a 51 U.S.C. 50917(c)........... 229,562 234,247 regulation issued under these statutes, or any term or condition of a license or permit issued or transferred under these statutes. ---------------------------------------------------------------------------------------------------------------- In addition to the civil penalties listed in the above chart, FAA regulations also provide for maximum civil penalties for violation of 49 U.S.C. 47528-47530, relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels. Those civil penalties are identical to the civil penalties imposed under 49 U.S.C. 46301(a)(1) and (a)(5), which are detailed in the above chart, and therefore, the noise-level civil penalties will be adjusted in the same manner as the section 46301(a)(1) and (a)(5) civil penalties. C. NHTSA ``Catch-Up'' IFR and 2017 and 2018 Adjustments NHTSA's ``catch-up'' IFR is finalized in this rule, and superseded by the annual inflation adjustment discussed in the next section. Additionally, NHTSA is updating its civil monetary penalties to reflect inflation for both 2017 and 2018 in this rule. NHTSA did not timely complete the 2017 annual adjustment for its civil penalty authority. However, consistent with the intent of the law and to ensure uniform year-over-year application of the 2015 Act, the 2018 update is being calculated as if the 2017 update had occurred. No violations will be assessed at the 2017 inflation adjustment amount. It is included in the chart below to clearly show the Department's calculations. NHTSA's 2018 civil penalty adjustments are summarized in the chart below.\3\ --------------------------------------------------------------------------- \3\ On December 28, 2016, NHTSA published a final rule regarding some aspects of its IFR provisions regarding Corporate Average Fuel Economy (CAFE) penalties. 81 FR 95489 (Dec. 28, 2016). On July 12, 2017, NHTSA announced that it was reconsidering that final rule. 82 FR 32140 (July 12, 2017). Accordingly, the CAFE civil penalty provisions at 49 U.S.C. 32912(b)-(c) and 49 CFR 578.6(h)(2), which are the subject of the reconsideration, are not being adjusted in the final rule promulgated herein. Instead, they will be addressed in a separate final rule for which an NPRM has been issued. 83 FR 13904 (Apr. 2, 2018). The provision in 49 CFR 578.6(h)(1), establishing the maximum civil penalty for each violation of 49 U.S.C. 32911(a), will also be addressed in that separate notice. ---------------------------------------------------------------------------------------------------------------- Unpromulgated 2017 New penalty (2017 Description Citation Existing penalty adjustment (existing adjustment x penalty x 1.01636) 1.02041) ---------------------------------------------------------------------------------------------------------------- Maximum penalty amount for 49 U.S.C. $21,000............. $21,344............. $21,780. each violation of the Safety 30165(a)(1), Act. 30165(a)(3). Maximum penalty amount for a 49 U.S.C. 105,000,000......... 106,717,800......... 108,895,910. related series of violations 30165(a)(1), of the Safety Act. 30165(a)(3). Maximum penalty per school 49 U.S.C. 11,940.............. 12,135.............. 12,383. bus related violation of the 30165(a)(2)(A). Safety Act. Maximum penalty amount for a 49 U.S.C. 17,909,550.......... 18,202,550.......... 18,574,064. series of school bus related 30165(a)(2)(B). violations of the Safety Act. Maximum penalty per violation 49 U.S.C. 5,141............... 5,225............... 5,332. for filing false or 30165(a)(4). misleading reports. Maximum penalty amount for a 49 U.S.C. 1,028,190........... 1,045,011........... 1,066,340. series of violations related 30165(a)(4). to filing false or misleading reports. Maximum penalty amount for 49 U.S.C. 30505 1,677............... 1,704............... 1,739. each violation of the reporting requirements related to maintaining the National Motor Vehicle Title Information System. Maximum penalty amount for 49 U.S.C. 2,750............... 2,795............... 2,852. each violation of a bumper 32507(a). standard under the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513, 86 Stat. 953, (1972)). Maximum penalty amount for a 49 U.S.C. 3,062,500........... 3,112,603........... 3,176,131. series of violations of a 32507(a). bumper standard under the Motor Vehicle Information and Cost Savings Act (Pub. L. 92-513, 86 Stat. 953, (1972)). Maximum penalty amount for 49 U.S.C. 2,750............... 2,795............... 2,852. each violation of 49 U.S.C. 32308(b). 32308(a) related to providing information on crashworthiness and damage susceptibility. Maximum penalty amount for a 49 U.S.C. 1,500,000........... 1,524,540........... 1,555,656. series of violations of 49 32308(b). U.S.C. 32308(a) related to providing information on crashworthiness and damage susceptibility. [[Page 60736]] Maximum penalty for each 49 U.S.C. 56,917.............. 57,848.............. 59,029. violation related to the 32308(c). tire fuel efficiency information program. Maximum civil penalty for 49 U.S.C. 32309 1,677............... 1,704............... 1,739. willfully failing to affix, or failing to maintain, the label requirement in the American Automobile Labeling Act (Pub. L. 102-388, 106 Stat. 1556 (1992)). Maximum penalty amount per 49 U.S.C. 32709 10,281.............. 10,450.............. 10,663. violation related to odometer tampering and disclosure. Maximum penalty amount for a 49 U.S.C. 32709 1,028,190........... 1,045,011........... 1,066,340. related series of violations related to odometer tampering and disclosure. Maximum penalty amount per 49 U.S.C. 32710 10,281.............. 10,450.............. Three times actual violation related to damages or $10,663, odometer tampering and whichever is disclosure with intent to greater. defraud. Maximum penalty amount for 49 U.S.C. 2,259............... 2,296............... 2,343. each violation of the Motor 33115(a). Vehicle Theft Law Enforcement Act of 1984 (Vehicle Theft Act), sec. 608, Public Law 98-547, 98 Stat. 2762 (1984). Maximum penalty amount for a 49 U.S.C. 564,668............. 573,906............. 585,619. related series of violations 33115(a). of the Motor Vehicle Theft Law Enforcement Act of 1984 (Vehicle Theft Act), sec. 608, Public Law 98-547, 98 Stat. 2762 (1984). Maximum civil penalty for 49 U.S.C. 167,728 per day..... 170,472 per day..... 173,951 per day. violations of the Anti-Car 33115(b). Theft Act (Pub. L. 102-519, 106 Stat. 3393 (1992)) related to operation of a chop shop. Maximum civil penalty for a 49 U.S.C. 32902 39,391.............. 40,035.............. 40,852. violation under the medium- and heavy-duty vehicle fuel efficiency program. ---------------------------------------------------------------------------------------------------------------- D. FMCSA 2018 Annual Adjustment FMCSA's civil penalties affected by this rule are all located in Appendices A and B to 49 CFR part 386. The 2018 adjustments to these civil penalties are summarized in the chart below. ---------------------------------------------------------------------------------------------------------------- New penalty Description Citation Existing penalty (existing penalty x 1.02041) ---------------------------------------------------------------------------------------------------------------- Appendix A II Subpoena..................... 49 U.S.C. 525................ $1,045 $1,066 Appendix A II Subpoena..................... 49 U.S.C. 525................ 10,450 10,663 Appendix A IV (a) Out-of-service order 49 U.S.C. 521(b)(7).......... 1,811 1,848 (operation of CMV by driver). Appendix A IV (b) Out-of-service order 49 U.S.C. 521(b)(7))......... 18,107 18,477 (requiring or permitting operation of CMV by driver). Appendix A IV (c) Out-of-service order 49 U.S.C. 521(b)(7).......... 1,811 1,848 (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).......... 18,107 18,477 (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)....... 906 924 (failure to return written certification of correction). Appendix A IV (g) Out-of-service order 49 U.S.C. 521(b)(2)(F)....... 26,126 26,659 (failure to cease operations as ordered). Appendix A IV (h) Out-of-service order 49 U.S.C. 521(b)(7).......... 22,957 23,426 (operating in violation of order). Appendix A IV (i) Out-of-service order 49 U.S.C. 521(b)(2)(A) and 14,739 15,040 (conducting operations during suspension (b)(7)). or revocation for failure to pay penalties). Appendix A IV (j) (conducting operations 49 U.S.C. 521(b)(7).......... 22,957 23,426 during suspension or revocation). Appendix B (a)(1) Recordkeeping--maximum 49 U.S.C. 521(b)(2)(B)(i).... 1,214 1,239 penalty per day. Appendix B (a)(1) Recordkeeping--maximum 49 U.S.C. 521(b)(2)(B)(i).... 12,135 12,383 total penalty. Appendix B (a)(2) Knowing falsification of 49 U.S.C. 521(b)(2)(B)(ii)... 12,135 12,383 records. Appendix B (a)(3) Non-recordkeeping 49 U.S.C. 521(b)(2)(A)....... 14,739 15,040 violations. Appendix B (a)(4) Non-recordkeeping 49 U.S.C. 521(b)(2)(A)....... 3,685 3,760 violations by drivers. Appendix B (a)(5) Violation of 49 CFR 392.5 49 U.S.C. 31310(i)(2)(A)..... 3,034 3,096 (first conviction). Appendix B (a)(5) Violation of 49 CFR 392.5 49 U.S.C. 31310(i)(2)(A)..... 6,068 6,192 (second or subsequent conviction). Appendix B (b) Commercial driver's license 49 U.S.C. 521(b)(2)(C)....... 5,479 5,591 (CDL) violations. Appendix B (b)(1): Special penalties 49 U.S.C. 31310(i)(2)(A)..... 3,034 3,096 pertaining to violation of out-of-service orders (first conviction). [[Page 60737]] Appendix B (b)(1) Special penalties 49 U.S.C. 31310(i)(2)(A)..... 6,068 6,192 pertaining to violation of out-of-service orders (second or subsequent conviction). Appendix B (b)(2) Employer violations 49 U.S.C. 521(b)(2)(C)....... 5,479 5,591 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)..... 30,337 30,956 pertaining to knowingly allowing, authorizing employee violations of out-of- service order (maximum penalty). Appendix B (b)(3) Special penalties 49 U.S.C. 31310(j)(2)(B)..... 15,727 16,048 pertaining to railroad-highway grade crossing violations. Appendix B (d) Financial responsibility 49 U.S.C. 31138(d)(1), 16,169 16,499 violations. 31139(g)(1). Appendix B (e)(1) Violations of Hazardous 49 U.S.C. 5123(a)(1)......... 78,376 79,976 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)......... 471 481 Materials Regulations (HMRs) and Safety Permitting Regulations (training)--minimum penalty. Appendix B (e)(2): Violations of Hazardous 49 U.S.C. 5123(a)(1)......... 78,376 79,976 Materials Regulations (HMRs) and Safety Permitting Regulations (training)--maximum penalty. Appendix B (e)(3) Violations of Hazardous 49 U.S.C. 5123(a)(1)......... 78,376 79,976 Materials Regulations (HMRs) and Safety Permitting Regulations (packaging or container). Appendix B (e)(4): Violations of Hazardous 49 U.S.C. 5123(a)(1)......... 78,376 79,976 Materials Regulations (HMRs) and Safety Permitting Regulations (compliance with FMCSRs). Appendix B (e)(5) Violations of Hazardous 49 U.S.C. 5123(a)(2)......... 182,877 186,610 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)....... 26,126 26,659 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)......... 78,376 79,976 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)......... 182,877 186,610 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)........... 10,450 10,663 commercial regulations (CR) (property carriers). Appendix B (g)(2) Violations of the CRs 49 U.S.C. 14916(c)........... 10,450 10,663 (brokers). Appendix B (g)(3) Violations of the CRs 49 U.S.C. 14901(a)........... 26,126 26,659 (passenger carriers). Appendix B (g)(4) Violations of the CRs 49 U.S.C. 14901(a)........... 10,450 10,663 (foreign motor carriers, foreign motor private carriers). Appendix B (g)(5) Violations of the CRs 49 U.S.C. 14901 note......... 14,371 14,664 (foreign motor carriers, foreign motor private carriers before implementation of North American Free Trade Agreement land transportation provisions)--maximum penalty for intentional violation. Appendix B (g)(5) Violations of the CRs 49 U.S.C. 14901 note......... 35,929 36,662 (foreign motor carriers, foreign motor private carriers before implementation of North American Free Trade Agreement land transportation provisions)--maximum penalty for a pattern of intentional violations. Appendix B (g)(6) Violations of the CRs 49 U.S.C. 14901(b)........... 20,900 21,327 (motor carrier or broker for transportation of hazardous wastes)-- minimum penalty. Appendix B (g)(6) Violations of the CRs 49 U.S.C. 14901(b)........... 41,801 42,654 (motor 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)....... 1,572 1,604 (HHG carrier or freight forwarder, or their receiver or trustee). Appendix B (g)(8) Violation of the CRs 49 U.S.C. 14901(e)........... 3,146 3,210 (weight of HHG shipment, charging for services)--minimum penalty for first violation. Appendix B (g)(8) Violation of the CRs 49 U.S.C. 14901(e)........... 7,864 8,025 (weight of HHG shipment, charging for services) subsequent violation. Appendix B (g)(10) Tariff violations....... 49 U.S.C. 13702, 14903....... 157,274 160,484 Appendix B (g)(11) Additional tariff 49 U.S.C. 14904(a)........... 314 320 violations (rebates or concessions)--first violation. Appendix B (g)(11) Additional tariff 49 U.S.C. 14904(a)........... 393 401 violations (rebates or concessions)-- subsequent violations. Appendix B (g)(12): Tariff violations 49 U.S.C. 14904(b)(1)........ 787 803 (freight forwarders)--maximum penalty for first violation. Appendix B (g)(12): Tariff violations 49 U.S.C. 14904(b)(1)........ 3,146 3,210 (freight forwarders)--maximum penalty for subsequent violations. [[Page 60738]] Appendix B (g)(13): Service from freight 49 U.S.C. 14904(b)(2)........ 787 803 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)........ 3,146 3,210 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.............. 15,727 16,048 loading and unloading motor vehicles. Appendix B (g)(16): Reporting and 49 U.S.C. 14901.............. 1,045 1,066 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.............. 7,864 8,025 recordkeeping under 49 U.S.C. subtitle IV, part B--maximum penalty. Appendix B (g)(17): Unauthorized disclosure 49 U.S.C. 14908.............. 3,146 3,210 of information. Appendix B (g)(18): Violation of 49 U.S.C. 49 U.S.C. 14910.............. 787 803 subtitle IV, part B, or condition of registration. Appendix B (g)(21)(i): Knowingly and 49 U.S.C. 14905.............. 15,727 16,048 willfully fails to deliver or unload HHG at destination. Appendix B (g)(22): HHG broker estimate 49 U.S.C. 14901(d)(2)........ 12,135 12,383 before entering into an agreement with a motor carrier. Appendix B (g)(23): HHG transportation or 49 U.S.C. 14901 (d)(3)....... 30,337 30,956 broker services--registration requirement. Appendix B (h): Copying of records and 49 U.S.C. 521(b)(2)(E)....... 1,214 1,239 access to equipment, lands, and buildings-- maximum penalty per day. Appendix B (h): Copying of records and 49 U.S.C. 521(b)(2)(E)....... 12,135 12,383 access to equipment, lands, and buildings-- maximum total penalty. Appendix B (i)(1): Evasion of regulations 49 U.S.C. 524................ 2,090 2,133 under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302- 31304, 31305(b), 31310(g)(1)(A), 31502-- minimum penalty for first violation. Appendix B (i)(1): Evasion of regulations 49 U.S.C. 524................ 5,225 5,332 under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302- 31304, 31305(b), 31310(g)(1)(A), 31502-- maximum penalty for first violation. Appendix B (i)(1): Evasion of regulations 49 U.S.C. 524................ 2,612 2,665 under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302- 31304, 31305(b), 31310(g)(1)(A), 31502-- minimum penalty for subsequent violation(s). Appendix B (i)(1): Evasion of regulations 49 U.S.C. 524................ 7,837 7,997 under 49 U.S.C. ch. 5, 51, subchapter III of 311 (except 31138 and 31139), 31302- 31304, 31305(b), 31310(g)(1)(A), 31502-- maximum penalty for subsequent violation(s). Appendix B (i)(2): Evasion of regulations 49 U.S.C. 14906.............. 2,090 2,133 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.............. 5,225 5,332 under 49 U.S.C. subtitle IV, part B-- minimum penalty for subsequent violation(s). ---------------------------------------------------------------------------------------------------------------- E. FRA 2018 Annual Adjustment FRA's 2018 civil penalty adjustments are summarized in the chart below. ---------------------------------------------------------------------------------------------------------------- New penalty Description Citation Existing penalty (existing penalty x 1.02041) ---------------------------------------------------------------------------------------------------------------- Minimum rail safety penalty................ 49 U.S.C. ch. 213............ $853 $870 Ordinary maximum rail safety penalty....... 49 U.S.C. ch. 213............ 27,904 28,474 Maximum penalty for an aggravated rail 49 U.S.C. ch. 213............ 111,616 113,894 safety violation. Minimum penalty for hazardous materials 49 U.S.C. 5123............... 471 481 training violations. Maximum penalty for ordinary hazardous 49 U.S.C. 5123............... 78,376 79,976 materials violations. Maximum penalty for aggravated hazardous 49 U.S.C. 5123............... 182,877 186,610 materials violations. ---------------------------------------------------------------------------------------------------------------- F. PHMSA 2018 Annual Adjustment PHMSA's 2018 civil penalty adjustments are summarized in the chart below. [[Page 60739]] ---------------------------------------------------------------------------------------------------------------- New penalty Description Citation Existing penalty (existing penalty x 1.02041) ---------------------------------------------------------------------------------------------------------------- Maximum penalty for hazardous materials 49 U.S.C. 5123............... $78,376 $79,976 violation. Maximum penalty for hazardous materials 49 U.S.C. 5123............... 182,877 186,610 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............... 471 481 training violations. Maximum penalty for each pipeline safety 49 U.S.C. 60122(a)(1)........ 209,002 213,268 violation. Maximum penalty for a related series of 49 U.S.C. 60122(a)(1)........ 2,090,022 2,132,679 pipeline safety violations. Maximum penalty for liquefied natural gas 49 U.S.C. 60122(a)(2)........ 76,352 77,910 pipeline safety violation. Maximum penalty for discrimination against 49 U.S.C. 60122(a)(3)........ 1,214 1,239 employees providing pipeline safety information. ---------------------------------------------------------------------------------------------------------------- G. MARAD 2018 Annual Adjustment MARAD's 2018 civil penalty adjustments are summarized in the chart below. ---------------------------------------------------------------------------------------------------------------- New penalty Description Citation Existing penalty (existing penalty x 1.02041) ---------------------------------------------------------------------------------------------------------------- Maximum civil penalty for a single 46 U.S.C. 31309.............. $20,111 $20,521 violation of any provision under 46 U.S.C. Chapter 313 and all of Subtitle III related MARAD regulations, except for violations of 46 U.S.C. 31329. Maximum civil penalty for a single 46 U.S.C. 31330.............. 50,276 51,302 violation of 46 U.S.C. 31329 as it relates to the court sales of documented vessels. Maximum civil penalty for a single 46 U.S.C. 56101(e)........... 19,246 19,639 violation of 46 U.S.C. 56101 as it relates to approvals required to transfer a vessel to a noncitizen. Maximum civil penalty for failure to file 46 U.S.C. 50113(b)........... 127 130 an AMVER report. Maximum civil penalty for violating 50 U.S.C. 4513............... 25,409 25,928 procedures for the use and allocation of shipping services, port facilities and services for national security and national defense operations. Maximum civil penalty for violations in 46 U.S.C. 12151.............. 147,396 150,404 applying for or renewing a vessel's fishery endorsement. ---------------------------------------------------------------------------------------------------------------- H. SLS 2018 Annual Adjustment SLS' 2018 civil penalty adjustment is as follows: ---------------------------------------------------------------------------------------------------------------- New penalty Description Citation Existing penalty (existing penalty x 1.02041) ---------------------------------------------------------------------------------------------------------------- Maximum civil penalty for each violation 33 U.S.C. 1232.............. $90,063 $91,901 of the Seaway Rules and Regulations at 33 CFR part 401. ---------------------------------------------------------------------------------------------------------------- IV. Conforming Change to 49 CFR 578.5 Currently, 49 CFR 578.5 specifies that the NHTSA Administrator will review the amount of civil penalties set forth in 49 CFR part 578 at least once every four years and, if appropriate, adjust them by rule. Since this no longer reflects the law, NHTSA is updating this provision to conform to the 2015 Act's requirement of annual inflationary adjustments to civil penalty amounts. Regulatory Analysis and Notices A. Executive Orders 12866 and 13563 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 Orders 12866 and 13563 or 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).\4\ The Small Business Administration's A Guide for Government Agencies: How to Comply with the Regulatory Flexibility Act (2012), explains that: --------------------------------------------------------------------------- \4\ Under 5 U.S.C. 603(a), the Regulatory Flexibility Act also applies when an agency ``publishes a notice of proposed rulemaking for an interpretative rule involving the internal revenue laws of the United States.'' However, this rule does not involve the internal revenue laws of the United States. If, under the APA or any rule of general applicability governing federal grants to state [[Page 60740]] 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 RFA does 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. It does not contain any new provision that preempts state law, because states are already preempted from regulating in this area under the Airline Deregulation Act, 49 U.S.C. 41713. Therefore, the consultation and funding requirements of Executive Order 13132 do not apply. D. Executive Order 13175 This final rule has been analyzed in accordance with the principles and criteria contained in Executive Order 13175, Consultation and Coordination with Indian Tribal Governments. Because none of the measures in the rule have tribal implications or impose substantial direct compliance costs on Indian tribal governments, the funding and consultation requirements of Executive Order 13175 do not apply. E. Paperwork Reduction Act Under the Paperwork Reduction Act, before an agency submits a proposed collection of information to OMB for approval, it must publish a document in the Federal Register providing notice of and a 60-day comment period on, and otherwise consult with members of the public and affected agencies concerning, each proposed collection of information. This final rule imposes no new information reporting or record keeping necessitating clearance by the Office of Management and Budget. 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). 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 incorporates by reference 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, this final rule is not subject to the Unfunded Mandates Reform Act. H. Executive Order 13771 Executive Order 13771, ``Reducing Regulation and Controlling Regulatory Costs,'' does not apply to this action because it is nonsignificant; therefore, it is not subject to the ``2 for 1'' and budgeting requirements. 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 Definitions, General information, Regulations. 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. [[Page 60741]] 49 CFR Part 216 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 217 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 Part 221 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 222 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 224 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 229 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 230 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 231 Penalties, Railroad safety. 49 CFR Part 232 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 233 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 234 Highway safety, Penalties, Railroad safety, Reporting and recordkeeping requirements, State and local governments. 49 CFR Part 235 Administrative practice and procedure, Penalties, Railroad safety, Railroad signals, Reporting and recordkeeping requirements. 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, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 239 Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 240 Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 241 Communications, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 242 Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 243 Administrative practice and procedure, Penalties, Railroad employees, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 244 Administrative practice and procedure, Penalties, Railroad safety, Reporting and recordkeeping requirements. 49 CFR Part 270 Penalties; Railroad safety; Reporting and recordkeeping requirements; and System safety. 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, Rubber and Rubber Products, Tires, Penalties. Title 14--Aeronautics and Space PART 13--INVESTIGATIVE AND ENFORCEMENT PROCEDURES 0 1. The authority citation for part 13 continues to read as follows: Authority: 18 U.S.C. 6002, 28 U.S.C. 2461 (note); 49 U.S.C. 106(g), 5121-5124, 40113-40114, 44103-44106, 44701-44703, 44709- 44710, 44713, 44725, 46101-46111, 46301, 46302 (for a violation of 49 U.S.C. 46504), 46304-46316, 46318, 46501-46502, 46504-46507, 47106, 47107, 47111, 47122, 47306, 47531- 47532; 49 CFR 1.83. 0 2. Revise Sec. 13.301 to read as follows: Sec. 13.301 Inflation adjustments of civil monetary penalties. (a) This subpart provides the maximum civil monetary penalties or range of minimum and maximum civil monetary penalties for each statutory civil penalty subject to FAA jurisdiction, as adjusted for inflation. (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 November 27, 2018, notwithstanding references to specific civil penalty amounts elsewhere in this part. (c) Minimum and maximum civil monetary penalties are as follows: [[Page 60742]] Table 1 to Sec. 13.301--Minimum and Maximum Civil Monetary Penalty Amounts for Certain Violations -------------------------------------------------------------------------------------------------------------------------------------------------------- New minimum penalty amount New maximum penalty for violations amount for violations United States Code citation Civil monetary penalty 2017 minimum occurring on 2017 maximum penalty occurring on or after 11/ description penalty amount or after 11/27/ amount 27/2018, adjusted for 2018, adjusted inflation for inflation -------------------------------------------------------------------------------------------------------------------------------------------------------- 49 U.S.C. 5123(a)(1)................. Violation of hazardous N/A N/A $78,376................. $79,976. materials transportation law. 49 U.S.C. 5123(a)(2)................. Violation of hazardous N/A N/A $182,877................ $186,610. materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction. 49 U.S.C. 5123(a)(3)................. Violation of hazardous $471 $481 $78,376................. $79,976. materials transportation law relating to training. 49 U.S.C. 46301(a)(1)................ Violation by a person other N/A N/A $32,666................. $33,333. than an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B). 49 U.S.C. 46301(a)(1)................ Violation by an airman N/A N/A $1,437.................. $1,466. serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)). 49 U.S.C. 46301(a)(1)................ Violation by an individual or N/A N/A $1,437.................. $1,466. 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 that are used in violation of such section. 49 U.S.C. 46301(a)(5)(A)............. Violation by an individual or N/A N/A $13,066................. $13,333. 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 $13,066................. $13,333. 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 $13,066................. $13,333. 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 $13,066................. $13,333. 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 $13,066................. $13,333. small business concern of 49 U.S.C. 44725, relating to the safe disposal of life- limited aircraft parts. 49 U.S.C. 46301(b)................... Tampering with a smoke alarm N/A N/A $4,194.................. $4,280. device. 49 U.S.C. 46302...................... Knowingly providing false N/A N/A $22,957................. $23,426. information about alleged violation involving the special aircraft jurisdiction of the United States. 49 U.S.C. 46318...................... Interference with cabin or N/A N/A $34,731................. $35,440. flight crew. 49 U.S.C. 46319...................... Permanent closure of an N/A N/A $13,066................. $13,333. airport without providing sufficient notice. 49 U.S.C. 46320...................... Operating an unmanned N/A N/A $20,000................. $20,408. aircraft and in so doing knowingly or recklessly interfering with a wildfire suppression, law enforcement, or emergency response effort. 49 U.S.C. 47531...................... Violation of 49 U.S.C. 47528- N/A N/A See 49 U.S.C. See 49 U.S.C. 47530, relating to the 46301(a)(1) and (a)(5), 46301(a)(1) and (a)(5), prohibition of operating above. above. certain aircraft not complying with stage 3 noise levels. -------------------------------------------------------------------------------------------------------------------------------------------------------- [[Page 60743]] 0 3. Part 383 is revised to read as follows: PART 383--CIVIL PENALTIES Sec. 383.1 Purpose and periodic adjustment. 383.2 Amount of penalty. 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. Sec. 383.1 Purpose and periodic adjustment. (a) Purpose. This part adjusts the civil penalty liability amounts prescribed in 49 U.S.C. 46301(a) for inflation in accordance with the Act cited in paragraph (b) of this section. (b) Periodic Adjustment. DOT will periodically adjust the maximum civil penalties set forth in 49 U.S.C. 46301 and this part as required by the Federal Civil Penalties Inflation Adjustment Act of 1990 as amended by the Federal Civil Penalties Inflation Adjustment Act Improvements Act of 2015. 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 $33,333 (or $1,466 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)); (b) With respect to small businesses and individuals, notwithstanding the general $1,466 civil penalty, the following civil penalty limits apply: (1) A maximum civil penalty of $13,333 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 $6,666 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 $3,334 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 4. The authority citation for part 406 continues to read as follows: Authority: 51 U.S.C. 50901-50923. 0 5. 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 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 $234,247 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 A--Regulations 0 6. The authority citation for subpart A of part 401 is revised to read as follows: Authority: 33 U.S.C. 981-990, 1231 and 1232, 49 CFR 1.52, unless otherwise noted. 0 7. Amend Sec. 401.102 by revising paragraph (a) to read as follows: (a) A person, as described in Sec. 401.101(b) who violates a regulation is liable to a civil penalty of not more than $91,901. * * * * * Title 46--Shipping PART 221--REGULATED TRANSACTIONS INVOLVING DOCUMENTED VESSELS AND OTHER MARITIME INTERESTS 0 8. 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 9. Section 221.61 is revised to read as follows: Sec. 221.61 Compliance. (a) This subpart describes procedures for the administration of civil penalties that the Maritime Administration may assess under 46 U.S.C. 31309, 31330, and 56101, pursuant to 49 U.S.C. 336. (b) Pursuant to 46 U.S.C. 31309, a general penalty of not more than $20,521 may be assessed for each violation of chapter 313 or 46 U.S.C. subtitle III administered by the Maritime Administration, and the regulations in this part that are promulgated thereunder, except that a person violating 46 U.S.C. 31329 and the regulations promulgated thereunder is liable for a civil penalty of not more than $51, 302 for each violation. A person that 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 $19,639 for each violation. PART 307--ESTABLISHMENT OF MANDATORY POSITION REPORTING SYSTEM FOR VESSELS 0 10. 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 11. 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 $130.00 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 12. 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 13. Section 340.9 is revised to read as follows: Sec. 340.9 Compliance. Pursuant 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 regulation shall, upon conviction, be fined not more than $25,928 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 14. 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 [[Page 60744]] 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 15. Amend Sec. 356.49 by revising paragraph (b) to read as follows: Sec. 356.49 Penalties. * * * * * (b) A fine of up to $150,404 may be assessed against the vessel owner for each day in which such vessel has engaged in fishing (as such term is defined in section 3 of the Magnuson-Stevens Fishery Conservation and Management Act (16 U.S.C. 1802) within the exclusive economic zone of the United States; and * * * * * Title 49--Transportation PART 107--HAZARDOUS MATERIALS PROGRAM PROCEDURES 0 16. 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. 2461 note); 49 CFR 1.81 and 1.97. 0 17. Section 107.329 is revised 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 the 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 $79,976 for each violation, except the maximum civil penalty is $186,610 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 $481 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 the 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 $79,976 for each violation, except the maximum civil penalty is $186,610 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 $481 for violations relating to training. 0 18. In appendix A to subpart D of part 107, section II.. under ``B. Penalty Increases for Multiple Counts'' following the table, the first sentence of the second paragraph is revised to read as follows: Appendix A to Subpart D of Part 107--Guidelines for Civil Penalties * * * * * II. * * * B. * * * Under the Federal hazmat law, 49 U.S.C. 5123(a), each violation of the HMR and each day of a continuing violation (except for violations relating to packaging manufacture or qualification) is subject to a civil penalty of up to $79,976 or $186,610 for a violation occurring on or after November 27, 2018. * * * * * * * * PART 171--GENERAL INFORMATION, REGULATIONS, AND DEFINITIONS 0 19. 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 20. 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 $79,976 for each violation, except the maximum civil penalty is $186,610 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 $481 for a violation relating to training. * * * * * PART 190--PIPELINE SAFETY ENFORCEMENT AND REGULATORY PROCEDURES 0 21. Amend Sec. 190.223 by revising paragraphs (a) through (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 or order issued thereunder, is subject to an administrative civil penalty not to exceed $213,268 for each violation for each day the violation continues, with a maximum administrative civil penalty not to exceed $2,132,679 for any related series of violations. (b) Any person found to have violated a provision of 33 U.S.C. 1321(j), or any regulation or order issued thereunder, is subject to an administrative civil penalty under 33 U.S.C. 1321(b)(6), as adjusted by 40 CFR 19.4. (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 $77,910, 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 $1,239, 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 22. 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 23. 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 $79,976 for each violation, except that-- (1) The maximum civil penalty for a violation is $186,610 if the violation results in death, serious illness, or [[Page 60745]] severe injury to any person, or substantial destruction of property and (2) A minimum $481 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 November 27, 2018. 0 24. 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 $79,976 for each violation, except that if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property, FRA may change the penalty amount proposed to be assessed up to and including the maximum penalty amount of $186,610. Sec. 209.409 [Amended] 0 25. Amend Sec. 209.409 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. 0 26. In appendix A to part 209, amend the section ``Penalty Schedules; Assessment of Maximum Penalties'' by: 0 a. Adding a sentence to the end of the sixth paragraph; 0 b. Revising the third sentence of 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 November 27, 2018, the minimum civil monetary penalty was raised from $853 to $870, the ordinary maximum civil monetary penalty was raised from $27,904 to $28,474, and the aggravated maximum civil monetary penalty was raised from $111,616 to $113,894. * * * For each regulation or order, the schedule shows two amounts within the $870 to $28,474 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 $113,894 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. * * * * * * * * 0 27. Amend appendix B to part 209 as follows: 0 a. In the introductory text, revise the second sentence of the first paragraph, the last sentence of the second paragraph, and the fifth sentence of the third paragraph; and 0 b. In the table ``CIVIL PENALTY ASSESSMENT GUIDELINES'': 0 i. Revise footnote 1 of the first table; 0 ii. Under the heading ``PART 173--SHIPPERS--GENERAL REQUIREMENTS FOR SHIPMENTS AND PACKAGES: 0 1. Remove the entries for ``173.24(b)(1) and 173.24(b)(2)'' and ``173.24(f)(1) and 173.24(f)(1)(ii)'' and add an entry for ``173.24(b)(1) and 173.24(b)(2) and 173.24(f)(1) and 173.24(f)(1)(ii)'' in their place; and 0 2. Revise the introductory text to the entry for ``173.24(c)''; and 0 iii. Remove footnote 1 of the second table and redesignate footnote 2 as footnote 1 (at text and in table heading) and revise it. The revisions read as follows: Appendix B to Part 209--Federal Railroad Administration Guidelines for Initial Hazardous Materials Assessments * * * The guideline penalty amounts reflect the best judgment of the FRA Office of Railroad Safety (RRS) and of the Safety Law Division of the Office of Chief Counsel (RCC) on the relative severity of the various violations routinely encountered by FRA inspectors on a scale of amounts up to the maximum $79,976 penalty, except the maximum civil penalty is $186,610 if the violation results in death, serious illness or severe injury to any person, or substantial destruction of property, and a minimum $481 penalty applies to a violation related to training. * * * * * * When a violation of the Federal hazardous material transportation law, an order issued thereunder, the Hazardous Materials Regulations or a special permit, approval, or order issued under those regulations results in death, serious illness or severe injury to any person, or substantial destruction of property, a maximum penalty of at least $79,976 and up to and including $186,610 shall always be assessed initially. * * * In fact, FRA reserves the express authority to amend the NOPV to seek a penalty of up to $79,976 for each violation, and up to $186,610 for any violation resulting in death, serious illness or severe injury to any person, or substantial destruction of property, at any time prior to issuance of an order. * * * Civil Penalty Assessment Guidelines * * * * * \1\ Any person who violates an emergency order issued under the authority of 49 U.S.C. Ch. 201 is subject to a civil penalty of at least $870 and not more than $28,474 per violation, except that where a grossly negligent violation or a pattern of repeated violations has created an imminent hazard of death or injury to persons, or has caused a death or injury, a penalty not to exceed $113,894 per violation may be assessed. Each day that the violation continues is a separate offense. 49 U.S.C. 21301; 28 U.S.C. 2461, note. ------------------------------------------------------------------------ Guideline 49 CFR Section Description amount \1\ ------------------------------------------------------------------------ ------------------------------------------------------------------------ * * * * * * * Part 173--Shippers--General Requirements for Shipments and Packages ------------------------------------------------------------------------ ------------------------------------------------------------------------ [[Page 60746]] * * * * * * * 173.24(b)(1) and 173.24(b)(2) Securing closures: These subsections and 173.24(f)(1) and are the general ``no leak'' standard 173.24(f)(1)(ii). for all packagings. Sec. 173.24(b) deals primarily with packaging as a whole, while Sec. 173.24(f) focuses on closures. Use Sec. 173.31(d) for tank cars, when possible. Cite the sections accordingly, using both the leak/non-leak criteria and the package size considerations to reach the appropriate penalty. Any actual leak will aggravate the guideline by, typically, 50%; a leak with contact with a human being will aggravate by at least 100%, up to the maximum of $79,976, and up to $186,610 if the violation results in death, serious illness or injury or substantial destruction of property. For intermodal (IM) portable tanks and other tanks of that size range, use the tank car penalty amounts, as stated in Sec. 173.31. ---------------------------------------- --Small bottle or box.. 1,000 --55-gallon drum....... 2,500 --Larger container, 5,000 e.g., IBC; not portable tank or tank car. --IM portable tank, cite Sec. 173.24(f) and use the penalty amounts for tank cars: Residue, generally, Sec. 173.29(a) and, loaded, Sec. 173.31(d). ---------------------------------------- --Residue adhering to 5,000 outside of package (i.e., portable tanks, tank cars, etc.). ---------------------------------------- 173.24(c)...................... Use of package not meeting specifications, including required stencils and markings. The most specific section for the package involved should be cited (see below). The penalty guideline should be adjusted for the size of the container. Any actual leak will aggravate the guideline by, typically, 50%; a leak with contact with a human being will aggravate by at least 100%, up to the maximum of $79,976, and up to $186,610 if the violation results in death, serious illness or injury or substantial destruction of property. * * * * * * * ------------------------------------------------------------------------ \1\ A person who knowingly violates the hazardous material transportation law or a regulation, order, special permit, or approval issued thereunder, is subject to a civil penalty of up to $79,976 for each violation, except that the maximum civil penalty for a violation is $186,610 if the violation results in death, serious illness, or severe injury to any person or substantial destruction of property; and a minimum $481 civil penalty applies to a violation related to training. Each day that the violation continues is a separate offense. 49 U.S.C. 5123; 28 U.S.C. 2461, note. PART 213--TRACK SAFETY STANDARDS 0 28. The authority citation for part 213 continues to read as follows: Authority: 49 U.S.C. 20102-20114 and 20142; Sec. 403, Div. A, Public Law 110-432, 122 Stat. 4885; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 213.15 [Amended] 0 29. In Sec. 213.15, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix B to Part 213--[Amended] 0 30. In appendix B to part 213, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 214--RAILROAD WORKPLACE SAFETY 0 31. The authority citation for part 214 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 21301, 31304, 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 214.5 [Amended] 0 32. Amend Sec. 214.5 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 214--[Amended] 0 33. In appendix A to part 214, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. 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. 241, note; and 49 CFR 1.89. Sec. 215.7 [Amended] 0 35. Amend Sec. 215.7 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix B to Part 215--[Amended] 0 36. Amend appendix B to part 215 in the first paragraph of footnote 1 by removing the dollar amount ``$27,904'' and adding in its place ``$28,474'' and by removing the dollar amount ``$109,819'' and adding in its place ``the statutory maximum amount''. PART 216--SPECIAL NOTICE AND EMERGENCY ORDER PROCEDURES: RAILROAD TRACK, LOCOMOTIVE AND EQUIPMENT 0 37. 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 38. Amend Sec. 216.7 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. PART 217--RAILROAD OPERATING RULES 0 39. The authority citation for part 217 continues to read as follows: [[Page 60747]] Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 217.5 [Amended] 0 40. Amend Sec. 217.5 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 217--[Amended] 0 41. In appendix A to part 217, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 218--RAILROAD OPERATING PRACTICES 0 42. The authority citation for part 218 continues to read as follows: Authority: 49 U.S.C. 20103, 20107; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 218.9 [Amended] 0 43. Amend Sec. 218.9 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 218--[Amended] 0 44. In appendix A to part 218, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 219--CONTROL OF ALCOHOL AND DRUG USE 0 45. The authority citation for part 219 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20140, 21301, 21304, 21311; 28 U.S.C. 2461, note; Sec. 412, Div. A, Pub. L. 110-432, 122 Stat. 4889 (49 U.S.C. 20140, note); and 49 CFR 1.89. Sec. 219.10 [Amended] 0 46. In Sec. 219.10, amend as follows: 0 a. Remove the dollar amount ``$650'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$25,000'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$105,000'' and add in its place ``$113,894''. Appendix A to Part 219--[Amended] 0 47. In appendix A to part 219, footnote 1, remove the dollar amount ``$105,000'' and add in its place ``the statutory maximum amount''. PART 220--RAILROAD COMMUNICATIONS 0 48. 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 49. Amend Sec. 220.7 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix C to Part 220--[Amended] 0 50. In appendix C to part 220, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 221--REAR END MARKING DEVICE--PASSENGER, COMMUTER AND FREIGHT TRAINS 0 51. 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 52. Amend Sec. 221.7 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix C to Part 221--[Amended] 0 53. In appendix C to part 221, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 222--USE OF LOCOMOTIVE HORNS AT PUBLIC HIGHWAY-RAIL GRADE CROSSINGS 0 54. 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 55. Amend Sec. 222.11 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix H to Part 222--[Amended] 0 56. In appendix H to part 222, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 223--SAFETY GLAZING STANDARDS--LOCOMOTIVES, PASSENGER CARS AND CABOOSES 0 57. 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 58. Amend Sec. 223.7 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix B to Part 223--[Amended] 0 59. In appendix B to part 223, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 224--REFLECTORIZATION OF RAIL FREIGHT ROLLING STOCK 0 60. 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 61. In Sec. 224.11, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 224--[Amended] 0 62. In appendix A to part 224, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 225--RAILROAD ACCIDENTS/INCIDENTS: REPORTS CLASSIFICATION, AND INVESTIGATIONS 0 63. The authority citation for part 225 continues to read as follows: [[Page 60748]] 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 64. Amend Sec. 225.29 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 225--[Amended] 0 65. In appendix A to part 225, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 227--OCCUPATIONAL NOISE EXPOSURE 0 66. 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 67. In Sec. 227.9, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix G to Part 227--[Amended] 0 68. In appendix G to part 227, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 228-- PASSENGER TRAIN EMPLOYEE HOURS OF SERVICE; RECORDKEEPING AND REPORTING; SLEEPING QUARTERS 0 69. The authority citation for part 228 continues to read as follows: Authority: 49 U.S.C. 103, 20103, 20107, 21101-21109; Sec. 108, Div. A, Public Law 110-432, 122 Stat. 4860-4866, 4893-4894; 49 U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 228.6 [Amended] 0 70. In Sec. 228.6, amend paragraph (a) as follows: a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. 71. In appendix A to part 228, below the heading ``GENERAL PROVISIONS,'' amend the ``Penalty'' paragraph by adding a sentence at the end of the 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 November 27, 2018, the minimum civil monetary penalty was raised from $853 to $870, the ordinary maximum civil monetary penalty was raised from $27,904 to $28,474, and the aggravated maximum civil monetary penalty was raised from $111,616 to $113,894. * * * * * Appendix B to Part 228--[Amended] 0 72. In appendix B to part 228, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 229--RAILROAD LOCOMOTIVE SAFETY STANDARDS 0 73. The authority citation for part 229 continues to read as follows: Authority: 49 U.S.C. 103, 322(a), 20103, 20107, 20901-02, 21301, 21301, 21302, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 229.7 [Amended] 0 74. In Sec. 229.7, amend paragraph (b) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix B to Part 229--[Amended] 0 75. In appendix B to part 229, in the first paragraph of footnote 1, remove the dollar amount ``$27,904'' and add in its place ``$28,474'' and remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 230--STEAM LOCOMOTIVE INSPECTION AND MAINTENANCE STANDARDS 0 76. 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 77. In Sec. 230.4, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. PART 231--RAILROAD SAFETY APPLIANCE STANDARDS 0 78. 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 79. In Sec. 231.0, amend paragraph (f) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 231--[Amended] 0 80. In appendix A to part 231, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 232-- BRAKE SYSTEM SAFETY STANDARDS FOR FREIGHT AND OTHER NON- PASSENGER TRAINS AND EQUIPMENT; END-OF-TRAIN DEVICES 0 81. The authority citation for part 232 continues to read as follows: Authority: 49 U.S.C. 20102-20103, 20107, 20133, 20141, 20301- 20303, 20306, 21301-21302, 21304; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 232.11 [Amended] 0 82. In Sec. 232.11, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 232--[Amended] 0 83. In appendix A to part 232, in the first paragraph of footnote 1, remove the dollar amount ``$27,904'' and add in its place ``$28,474'' and remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 233--SIGNAL SYSTEMS REPORTING REQUIREMENTS 0 84. The authority citation for part 233 continues to read as follows: [[Page 60749]] 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 85. Amend Sec. 233.11 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 233--[Amended] 86. In appendix A to part 233, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 234--GRADE CROSSING SAFETY 0 87. The authority citation for part 234 continues to read as follows: Authority: 49 U.S.C. 20103, 20107, 20152, 20160, 21301, 21304, 21311, 22501 note; Pub. L. 110-432, Div. A., Sec. 202, 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 234.6 [Amended] 0 88. In Sec. 234.6, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 234--[Amended] 0 89. In appendix A to part 234, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. 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 90. 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 91. Amend Sec. 235.9 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 235--[Amended] 0 92. In appendix A to part 235, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 236--RULES, STANDARDS, AND INSTRUCTIONS GOVERNING THE INSTALLATION, INSPECTION, MAINTENANCE, AND REPAIR OF SIGNAL AND TRAIN CONTROL SYSTEMS, DEVICES, AND APPLIANCES 0 93. 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 94. In Sec. 236.0, amend paragraph (f) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 236--[Amended] 0 95. In appendix A to part 236, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 237--BRIDGE SAFETY STANDARDS 0 96. The authority citation for part 237 continues to read as follows: Authority: 49 U.S.C. 20102-20114; Public Law 110-432, Div. A, Sec. 417; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 237.7 [Amended] 0 97. In Sec. 237.7, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix B to Part 237--[Amended] 0 98. In appendix B to part 237, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 238--PASSENGER EQUIPMENT SAFETY STANDARDS 0 99. 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] 0 100. In Sec. 238.11, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 238--[Amended] 0 101. In appendix A to part 238, in the first paragraph of footnote 1, remove the dollar amount ``$27,904'' and add in its place ``$28,474'' and remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 239--PASSENGER TRAIN EMERGENCY PREPAREDNESS 0 102. 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] 0 103. Amend Sec. 239.11 as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 239--[Amended] 0 104. In appendix A to part 239, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 240--QUALIFICATION AND CERTIFICATION OF LOCOMOTIVE ENGINEERS 0 105. 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] 0 106. In Sec. 240.11, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; [[Page 60750]] 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 240--[Amended] 0 107. In appendix A to part 240, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 241--UNITED STATES LOCATIONAL REQUIREMENT FOR DISPATCHING OF UNITED STATES RAIL OPERATIONS 0 108. 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] 0 109. In Sec. 241.15, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix B to Part 241--[Amended] 0 110. In appendix B to part 241, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 242--QUALIFICATION AND CERTIFICATION OF CONDUCTORS 0 111. 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] 0 112. In Sec. 242.11, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 242--[Amended] 0 113. In appendix A to part 242, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 243--TRAINING, QUALIFICATION, AND OVERSIGHT FOR SAFETY-RELATED RAILROAD EMPLOYEES 0 114. 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] 0 115. In Sec. 243.7, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix to Part 243--[Amended] 0 116. In the appendix to part 243, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 244--REGULATIONS ON SAFETY INTEGRATION PLANS GOVERNING RAILROAD CONSOLIDATIONS, MERGERS, AND ACQUISITIONS OF CONTROL 0 117. The authority citation for part 244 is revised 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] 0 118. In Sec. 244.5, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. PART 270--SYSTEM SAFETY PROGRAM 0 119. The authority citation for part 270 continues to read as follows: Authority: 49 U.S.C. 20103, 20106-20107, 20118-20119, 20156, 21301, 21304, 21311; 28 U.S.C. 2461, note; and 49 CFR 1.89. Sec. 270.7 [Amended] 0 120. In Sec. 270.7, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. PART 272--CRITICAL INCIDENT STRESS PLANS 0 121. 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; 49 CFR 1.89; and sec. 410, Div. A, Pub. L. 110-432, 122 Stat. 4888. Sec. 272.11 [Amended] 0 122. In Sec. 272.11, amend paragraph (a) as follows: 0 a. Remove the dollar amount ``$853'' and add in its place ``$870''; 0 b. Remove the dollar amount ``$27,904'' and add in its place ``$28,474''; and 0 c. Remove the dollar amount ``$111,616'' and add in its place ``$113,894''. Appendix A to Part 272--[Amended] 0 123. In appendix A to part 272, footnote 1, remove the dollar amount ``$109,819'' and add in its place ``the statutory maximum amount''. PART 386--RULES OF PRACTICE FOR FMCSA PROCEEDINGS 0 124. The authority citation for part 386 is revised to read as follows: Authority: 49 U.S.C. 113; chapters 5, 51, 131-141, 145-149, 311, 313, and 315; Sec. 204, Pub. L. 104-88, 109 Stat. 803, 941 (49 U.S.C. 701 note); Sec. 217, Pub. L. 105-159, 113 Stat. 1748, 1767; Sec. 206, Pub. L. 106-159, 113 Stat. 1763; subtitle B, title IV of Pub. L. 109-59; Sec. 701 of Pub. L. 114-74, 129 Stat. 599 (28 U.S.C. 2461 note); 49 CFR 1.81 and 1.87. 0 125. Amend Appendix A to part 386 by revising the introductory text and sections II, IV. a. through e., and IV. g. through j. to read as follows: Appendix A to Part 386--Penalty Schedule: Violations of Notices and Orders The Civil Penalties Inflation Adjustment Act Improvements Act of 2015 [Pub. L. 114-74, sec. 701, 129 Stat. 599] amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require agencies to adjust civil penalties for inflation. Pursuant to that authority, the inflation adjusted civil penalties identified in this appendix supersede the corresponding civil penalty amounts identified in title 49, United States Code. * * * * * II. Subpoena Violation--Failure to respond to Agency subpoena to appear and testify or produce records. [[Page 60751]] Penalty--minimum of $1,066 but not more than $10,663 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 $1,848 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 $18,477 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--$1,848 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 $18,477 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 $924 per violation. * * * * * g. Violation--Operating in violation of an order issued under Sec. 386.72(b) to cease all or part of the employer's commercial motor vehicle operations or to cease part of an intermodal equipment provider's operations, i.e., failure to cease operations as ordered. Penalty--Up to $26,659 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 $23,426 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 $15,040 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. Sec. 385.911, 385.913, 385.1009 or 385.1011. Penalty--Up to $23,426 for each day that operations are conducted during the suspension or revocation period. 0 126. Amend Appendix B to part 386 by revising the introductory text and paragraphs (a)(1) through (5), (b) through (f), (g) introductory text, (g)(1) through (8), (g)(10) through (14), (g)(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 The Civil Penalties Inflation Adjustment Act Improvements Act of 2015 [Pub. L. 114-74, sec. 701, 129 Stat. 599] amended the Federal Civil Penalties Inflation Adjustment Act of 1990 to require agencies to adjust civil penalties for inflation. Pursuant to that authority, the inflation adjusted civil penalties identified in this appendix supersede the corresponding civil penalty amounts identified in title 49, United States Code. What are the types of violations and maximum monetary penalties? (a) Violations of the Federal Motor Carrier Safety Regulations (FMCSRs): (1) Recordkeeping. A person or entity that fails to prepare or maintain a record required by parts 40, 382, 385, and 390-99 of this subchapter, or prepares or maintains a required record that is incomplete, inaccurate, or false, is subject to a maximum civil penalty of $1,239 for each day the violation continues, up to $12,383. (2) Knowing falsification of records. A person or entity that knowingly falsifies, destroys, mutilates, or changes a report or record required by parts 382, 385, and 390-99 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 $12,383 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 parts 382, 385, or 390-99 of this subchapter, except a recordkeeping requirement, is subject to a civil penalty not to exceed $15,040 for each violation. (4) Non-recordkeeping violations by drivers. A driver who violates parts 382, 385, and 390-99 of this subchapter, except a recordkeeping violation, is subject to a civil penalty not to exceed $3,760. (5) Violation of 49 CFR 392.5. A driver placed out of service for 24 hours for violating the alcohol prohibitions of 49 CFR 392.5(a) or (b) who drives during that period is subject to a civil penalty not to exceed $3,096 for a first conviction and not less than $6,192 for a second or subsequent conviction. * * * * * (b) Commercial driver's license (CDL) violations. Any person who violates 49 CFR part 383, subparts B, C, E, F, G, or H, is subject to a civil penalty not to exceed $5,591; except: (1) A CDL-holder who is convicted of violating an out-of-service order shall be subject to a civil penalty of not less than $3,096 for a first conviction and not less than $6,192 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 $5,591 or more than $30,956; 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 $16,048. * * * * * (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 $16,499. 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. This paragraph 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 $79,976 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 $481 and not more than $79,976 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 $79,976 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 $79,976. (5) If any violation subject to the civil penalties set out in paragraphs (e)(1) through (4) of this appendix results in death, serious [[Page 60752]] illness, or severe injury to any person or in substantial destruction of property, the civil penalty may be increased to not more than $186,610 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 $26,659 (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 $79,976 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 $186,610 for each offense. Each day the transportation continues in violation of a final ``unsatisfactory'' safety rating constitutes a separate offense. (g) Violations of the commercial regulations (CRs). Penalties for violations of the CRs are specified in 49 U.S.C. chapter 149. These penalties relate to transportation subject to the Secretary's jurisdiction under 49 U.S.C. chapter 135. Unless otherwise noted, a separate violation occurs for each day the violation continues. (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 $10,663 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 $10,663 for each violation. (3) A person who operates as a motor carrier of passengers in violation of the registration requirements of 49 U.S.C. 13901 is liable for a minimum penalty of $26,659 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 $10,663 per violation. (5) A person who operates as a foreign motor carrier or foreign motor private carrier without authority, before the implementation of the land transportation provisions of the North American Free Trade Agreement, outside the boundaries of a commercial zone along the United States-Mexico border, is liable for a maximum penalty of $14,664 for an intentional violation and a maximum penalty of $36,662 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 $21,327 and a maximum penalty of $42,654 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 $1,604 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 $3,210 for the first violation and $8,025 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 $160,484 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 to be the acts or omissions of that carrier or shipper, as well as 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 $320 for the first violation and $401 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 $803 for the first violation and up to $3,210 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 $803 for the first violation and up to $3,210 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 $16,048 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 $1,066 and for a maximum penalty of $8,025 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 $3,210. (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 $803 for each violation if another penalty is not provided in 49 U.S.C. chapter 149. * * * * * (21) A person-- (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 chapter, is liable for a civil penalty of not less than $16,048 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 $12,383 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 $30,956 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 [[Page 60753]] Motor Carrier Safety Administration, an employee designated by the Federal Motor Carrier Safety Administration, or an employee of a MCSAP grant recipient to inspect and copy any record or inspect and examine equipment, lands, buildings, and other property, in accordance with 49 U.S.C. 504(c), 5121(c), and 14122(b), is subject to a civil penalty of not more than $1,239 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 $12,383. (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 sections 31302, 31303, 31304, 31305(b), 31310(g)(1)(A), or 31502, or a regulation issued under any of those provisions, shall be fined at least $2,133 but not more than $5,332 for the first violation and at least $2,665 but not more than $7,997 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 $2,133 for the first violation or at least $5,332 for a subsequent violation. PART 578--CIVIL AND CRIMINAL PENALTIES 0 127. The authority citation for 49 CFR part 578 is revised 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. 0 128. Section 578.5 is revised to read as follows: Sec. 578.5 Inflationary adjustment of civil penalties. The civil penalties set forth in this part continue in effect until adjusted by the Administrator. The Administrator shall review the amount of these civil penalties annually and will, if appropriate, adjust them by rule. 0 129. Amend Sec. 578.6 by revising paragraphs (a) through (g), 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) Motor vehicle safety--(1) In general. A person who violates any of sections 30112, 30115, 30117 through 30122, 30123(a), 30125(c), 30127, or 30141 through 30147 of Title 49 of the United States Code or a regulation prescribed under any of those sections is liable to the United States Government for a civil penalty of not more than $21,780 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 for a related series of violations is $108,895,910. (2) School buses. (i) Notwithstanding paragraph (a)(1) of this section, a person who: (A) Violates section 30112(a)(1) of Title 49 United States Code by the manufacture, sale, offer for sale, introduction or delivery for introduction into interstate commerce, or importation of a school bus or school bus equipment (as those terms are defined in 49 U.S.C. 30125(a)); or (B) Violates section 30112(a)(2) of Title 49 United States Code, shall be subject to a civil penalty of not more than $12,383 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 for a related series of violations is $18,574,064. (3) Section 30166. A person who violates Section 30166 of Title 49 of the United States Code or a regulation 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 is $21,780 per violation per day. The maximum penalty under this paragraph for a related series of daily violations is $108,895,910. (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), shall be subject to a civil penalty of not more than $5,332 per day. The maximum penalty under this paragraph for a related series of daily violations is $1,066,340. (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 $1,739 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 $2,852 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 $3,176,131. (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 $2,852 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 for a related series of violations is $1,555,656. (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 $59,029 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 $1,739 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 prescribed or order issued thereunder is liable to the United States Government for a civil penalty of not more than $10,663 for each violation. A separate violation occurs for each motor vehicle or device involved in the violation. The maximum civil penalty under this paragraph for a related series of violations is $1,066,340. (2) A person that violates 49 U.S.C. Chapter 327 or a regulation prescribed or order issued thereunder, with intent to defraud, is liable for three times the actual damages or $10,663, 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 [[Page 60754]] States Government for a civil penalty of not more than $2,343 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 for a related series of violations is $585,619. (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 $173,951 a day for each violation. * * * * * (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 $40,852 per vehicle or engine. The maximum civil penalty for a related series of violations shall be determined by multiplying $40, 852 times the vehicle or engine production volume for the model year in question within the regulatory averaging set. Issued in Washington, DC, under authority delegated at 49 CFR 1.27(n). Steven G. Bradbury, General Counsel. [FR Doc. 2018-24930 Filed 11-26-18; 8:45 am] BILLING CODE 4910-9X-P
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additional costs will be magnified with showing that application of the § 1787.14 General waivers.
interest over these terms, the requirement would be inconsistent with (a) The Administrator may issue a
Administrator has determined that if the the public interest or impractical for the general waiver for all RUS Borrowers for
lowest bid or offered price is a RUS Borrower. With respect to a determinate period, if the
nondomestic bid that is at least 6percent impracticality, an RUS Borrower may Administrator finds that such
lower than the next lowest bid or request a waiver upon a showing that manufactured or unmanufactured goods
offered price, the RUS Borrower may the domestic product is incompatible or are in shortage regionally or nationally,
request a cost differential waiver. With impractical to integrate with existing, so as to avoid the administrative burden
respect to contracts that are not required significant capital infrastructure or of issuing individual, specific waivers.
to be bid, prices of market-available, existing, critical software already in use. (b) The Administrator has determined
domestic products must be used for Notwithstanding, the burden shall rest that it is in the best interest of RUS to
comparison in a request for waiver. with the RUS Borrower to present how issue a permanent general public
the use of the domestic product would interest waiver from the Buy America
§ 1787.12 Non-availability or shortages. create a hardship or negatively impact
By application pursuant to § 1787.10, requirements for ‘‘small purchases,’’
its project. which shall be published in the Federal
the Administrator may waive the Buy
(b) With respect to contracts that were Register for each program under the RE
American requirement upon a showing
approved by RUS based on a bidder or Act and amended as needed from time
that there is no domestic product
offer that originally certified compliance to time. In carrying out this exception,
available in the market in sufficient and
with the Buy America requirements, but however, the Administrator shall ensure
reasonable quantities and of satisfactory
which can no longer comply with such that contracts are not artificially
quality, and that such shortage of
certification, the Administrator may fragmented.
suitable domestic alternatives
grant an impracticality waiver based on
jeopardizes the project being completed Appendix A to Part 1787—Product
a showing that the original certification
on budget and/or according to Procurement
was made in good faith and that the
scheduled planning. A lack of
product cannot now be obtained This appendix shows an example of
responsive and responsible bids to a
domestically due to commercial how the 6 percent differential is applied
well-publicized request for bids will be
impossibility or impracticability, or to determine award of a bid. In response
presumed to meet the conditions of a
without undue hardship or a negative to a request for bids for a digital central
non-availability waiver. With respect to
impact to the project. office a borrower receives four
contracts that are not required to be bid,
sufficient evidence must be presented to (c) In determining whether to issue responsive bids to the specification,
the Administrator in order to make a any public interest waiver, the three domestic bids and one
determination. Administrator will consider all nondomestic bid. The nondomestic bid
appropriate factors on a case-by-case is the apparent low bid. We will
§ 1787.13 Public interest or impracticality. basis, unless a general waiver has consider in our analysis the
(a) By application pursuant to already been issued by the nondomestic bid and the lowest
§ 1787.10, the Administrator may waive Administrator with respect to the domestic bid as shown in the following
the Buy American requirement upon a product. table.
Nondomestic Domestic
bid bid
Total materials ......................................................................................................................................................... $895,000 $920,000
Installation ................................................................................................................................................................ 155,000 177,000
Freight ...................................................................................................................................................................... +1,000 +1,500
Total bid ............................................................................................................................................................ $1,051,000 $1,098,500
Please note that once the product has of its material content), is compared DEPARTMENT OF TRANSPORTATION
been determined as nondomestic, the 6 with all the domestic bids for award of
percent cost differential shall be applied the bid. In our example the domestic bid Federal Aviation Administration
to all the material content in the ($1,098,500) is lower than the
nondomestic bid, even if the nondomestic evaluated bid ($1,104,700). 14 CFR Part 13
nondomestic product includes domestic
The domestic bid becomes the low
components. Office of the Secretary
In this example, 6 percent of the total bid and the domestic bidder gets award
material content in the nondomestic bid of the bid. This product is classified as
domestic since the cost of the domestic 14 CFR Part 383
($895,000) equals $53,700. This cost
differential is added to the total components used in the product
constitutes more than 50 percent of the Federal Aviation Administration
nondomestic bid as shown in the
following table. cost of all the components used.
14 CFR Part 406
Dated: November 6, 2018.
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Total of the nondomestic bid $1,051,000 Christopher A. McLean,
6% of the all material cost .... +53,000 Saint Lawrence Seaway Development
Acting Administrator, Rural Utilities Service. Corporation
Total evaluated bid ........ $1,104,700 [FR Doc. 2018–25815 Filed 11–26–18; 8:45 am]
BILLING CODE 3410–15–P 33 CFR Part 401
This total evaluated bid, (that is the
nondomestic bid plus the 6% of the cost
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![60740 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations
and local governments, the agency is DOT Order 5610.1C, Procedures for 14 CFR Part 406
required to publish a general notice of Considering Environmental Impacts (44
proposed rulemaking (NPRM), the RFA must Administrative procedure and review,
FR 56420, Oct. 1, 1979). Categorical Commercial space transportation,
be considered [citing 5 U.S.C. 604(a)] . . . . exclusions are actions identified in an
If an NPRM is not required, the RFA does not Enforcement, Investigations, Penalties,
apply.
agency’s NEPA implementing Rules of adjudication.
procedures that do not normally have a
As stated above, DOT has determined significant impact on the environment 33 CFR Part 401
that good cause exists to publish this and therefore do not require either an Hazardous materials transportation,
final rule without notice and comment environmental assessment (EA) or Navigation (water), Penalties, Radio,
procedures under the APA. Therefore, environmental impact statement (EIS). Reporting and recordkeeping
the RFA does not apply. See 40 CFR 1508.4. In analyzing the requirements, Vessels, Waterways.
C. Executive Order 13132 (Federalism) applicability of a categorical exclusion,
the agency must also consider whether 46 CFR Part 221
This final rule has been analyzed in extraordinary circumstances are present Administrative practice and
accordance with the principles and that would warrant the preparation of procedure, Maritime carriers, Mortgages,
criteria contained in Executive Order an EA or EIS. Id. Paragraph 4(c)(5) of Penalties, Reporting and recordkeeping
13132 (‘‘Federalism’’). This regulation DOT Order 5610.1C incorporates by requirements, Trusts and trustees.
has no substantial direct effects on the reference the categorical exclusions for
States, the relationship between the 46 CFR Part 307
all DOT Operating Administrations.
national government and the States, or This action qualifies for a categorical Marine safety, Maritime carriers,
the distribution of power and exclusion in accordance with FAA Penalties, Reporting and recordkeeping
responsibilities among the various Order 1050.1F, Environmental Impacts: requirements.
levels of government. It does not contain Policies and Procedures, (80 FR 44208,
any provision that imposes substantial 46 CFR Part 340
July 24, 2015), paragraph 5–6.6.f, which
direct compliance costs on State and covers regulations not expected to cause Harbors, Maritime carriers, National
local governments. It does not contain any potentially significant defense, Packaging and containers.
any new provision that preempts state environmental impacts. The Department 46 CFR Part 356
law, because states are already does not anticipate any environmental
preempted from regulating in this area Citizenship and naturalization,
impacts, and there are no extraordinary Fishing vessels, Mortgages, Penalties,
under the Airline Deregulation Act, 49 circumstances present in connection
U.S.C. 41713. Therefore, the Reporting and recordkeeping
with this final rule. requirements, Vessels.
consultation and funding requirements
of Executive Order 13132 do not apply. G. Unfunded Mandates Reform Act 49 CFR Part 107
D. Executive Order 13175 The Department analyzed the final Administrative practices and
rule under the factors in the Unfunded procedure, Hazardous materials
This final rule has been analyzed in Mandates Reform Act of 1995. The
accordance with the principles and transportation, Packaging and
Department considered whether the rule containers, Penalties, Reporting and
criteria contained in Executive Order includes a federal mandate that may
13175, Consultation and Coordination recordkeeping requirements.
result in the expenditure by State, local,
with Indian Tribal Governments. and tribal governments, in the aggregate, 49 CFR Part 171
Because none of the measures in the or by the private sector, of $100,000,000
rule have tribal implications or impose Definitions, General information,
or more (adjusted annually for inflation) Regulations.
substantial direct compliance costs on in any one year. The Department has
Indian tribal governments, the funding determined that this final rule will not 49 CFR Part 190
and consultation requirements of result in such expenditures. Administrative practice and
Executive Order 13175 do not apply. Accordingly, this final rule is not procedure, Penalties, Pipeline safety.
E. Paperwork Reduction Act subject to the Unfunded Mandates
49 CFR Part 209
Under the Paperwork Reduction Act, Reform Act.
Administrative practice and
before an agency submits a proposed H. Executive Order 13771 procedure, Hazardous materials
collection of information to OMB for transportation, Penalties, Railroad
Executive Order 13771, ‘‘Reducing
approval, it must publish a document in safety, Reporting and recordkeeping
Regulation and Controlling Regulatory
the Federal Register providing notice of requirements.
Costs,’’ does not apply to this action
and a 60-day comment period on, and
because it is nonsignificant; therefore, it 49 CFR Part 213
otherwise consult with members of the
is not subject to the ‘‘2 for 1’’ and
public and affected agencies concerning, Bridges, Penalties, Railroad safety,
budgeting requirements.
each proposed collection of information. Reporting and recordkeeping
This final rule imposes no new List of Subjects requirements.
information reporting or record keeping
14 CFR Part 13 49 CFR Part 214
necessitating clearance by the Office of
Management and Budget. Administrative practice and Bridges, Occupational safety and
procedure, Air transportation, health, Penalties, Railroad safety,
F. National Environmental Policy Act
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Hazardous materials transportation, Reporting and recordkeeping
The Department has analyzed the Investigations, Law enforcement, requirements.
environmental impacts of this final rule Penalties.
pursuant to the National Environmental 49 CFR Part 215
Policy Act of 1969 (NEPA) (42 U.S.C. 14 CFR Part 383 Freight, Penalties, Railroad safety,
4321 et seq.) and has determined that it Administrative practice and Reporting and recordkeeping
is categorically excluded pursuant to procedure, Penalties. requirements.
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![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations 60745
severe injury to any person, or Penalty Schedules; Assessment of Appendix B to Part 209—Federal
substantial destruction of property and Maximum Penalties Railroad Administration Guidelines for
(2) A minimum $481 civil penalty * * * * * Initial Hazardous Materials
applies to a violation related to training. * * * Effective November 27, 2018, the Assessments
* * * * * minimum civil monetary penalty was raised
(c) The maximum and minimum civil from $853 to $870, the ordinary maximum * * * The guideline penalty amounts
civil monetary penalty was raised from
penalties described in paragraph (a) of $27,904 to $28,474, and the aggravated
reflect the best judgment of the FRA Office
this section apply to violations maximum civil monetary penalty was raised of Railroad Safety (RRS) and of the Safety
occurring on or after November 27, from $111,616 to $113,894. Law Division of the Office of Chief Counsel
2018. * * * For each regulation or order, the (RCC) on the relative severity of the various
■ 24. Amend § 209.105 by revising the schedule shows two amounts within the violations routinely encountered by FRA
last sentence of paragraph (c) to read as $870 to $28,474 range in separate columns, inspectors on a scale of amounts up to the
follows: the first for ordinary violations, the second maximum $79,976 penalty, except the
for willful violations (whether committed by maximum civil penalty is $186,610 if the
§ 209.105 Notice of probable violation. railroads or individuals). * * * violation results in death, serious illness or
(c) * * * In an amended notice, FRA * * * * * severe injury to any person, or substantial
may change the civil penalty amount Accordingly, under each of the schedules destruction of property, and a minimum $481
proposed to be assessed up to and (ordinarily in a footnote), and regardless of penalty applies to a violation related to
including the maximum penalty amount the fact that a lesser amount might be shown training. * * *
of $79,976 for each violation, except in both columns of the schedule, FRA * * * When a violation of the Federal
that if the violation results in death, reserves the right to assess the statutory
hazardous material transportation law, an
serious illness or severe injury to any maximum penalty of up to $113,894 per
violation where a pattern of repeated order issued thereunder, the Hazardous
person, or substantial destruction of Materials Regulations or a special permit,
violations or a grossly negligent violation has
property, FRA may change the penalty created an imminent hazard of death or approval, or order issued under those
amount proposed to be assessed up to injury or has caused death or injury. * * * regulations results in death, serious illness or
and including the maximum penalty severe injury to any person, or substantial
* * * * *
amount of $186,610. destruction of property, a maximum penalty
■ 27. Amend appendix B to part 209 as of at least $79,976 and up to and including
§ 209.409 [Amended] follows: $186,610 shall always be assessed initially.
■ 25. Amend § 209.409 as follows: ■ a. In the introductory text, revise the * * * In fact, FRA reserves the express
■ a. Remove the dollar amount ‘‘$853’’ second sentence of the first paragraph, authority to amend the NOPV to seek a
and add in its place ‘‘$870’’; the last sentence of the second penalty of up to $79,976 for each violation,
■ b. Remove the dollar amount paragraph, and the fifth sentence of the and up to $186,610 for any violation
‘‘$27,904’’ and add in its place third paragraph; and resulting in death, serious illness or severe
‘‘$28,474’’; and ■ b. In the table ‘‘CIVIL PENALTY injury to any person, or substantial
■ c. Remove the dollar amount ASSESSMENT GUIDELINES’’: destruction of property, at any time prior to
‘‘$111,616’’ and add in its place ■ i. Revise footnote 1 of the first table; issuance of an order. * * *
‘‘$113,894’’. ■ ii. Under the heading ‘‘PART 173—
■ 26. In appendix A to part 209, amend SHIPPERS—GENERAL Civil Penalty Assessment Guidelines
the section ‘‘Penalty Schedules; REQUIREMENTS FOR SHIPMENTS * * * * *
Assessment of Maximum Penalties’’ by: AND PACKAGES: 1 Anyperson who violates an emergency
■ a. Adding a sentence to the end of the ■ 1. Remove the entries for order issued under the authority of 49 U.S.C.
sixth paragraph; ‘‘173.24(b)(1) and 173.24(b)(2)’’ and Ch. 201 is subject to a civil penalty of at least
■ b. Revising the third sentence of the ‘‘173.24(f)(1) and 173.24(f)(1)(ii)’’ and $870 and not more than $28,474 per
seventh paragraph; and add an entry for ‘‘173.24(b)(1) and violation, except that where a grossly
■ c. Revising the first sentence of the negligent violation or a pattern of repeated
173.24(b)(2) and 173.24(f)(1) and
tenth paragraph. 173.24(f)(1)(ii)’’ in their place; and violations has created an imminent hazard of
The addition and revisions read as ■ 2. Revise the introductory text to the death or injury to persons, or has caused a
follows: entry for ‘‘173.24(c)’’; and death or injury, a penalty not to exceed
Appendix A to Part 209—Statement of ■ iii. Remove footnote 1 of the second $113,894 per violation may be assessed. Each
Agency Policy Concerning Enforcement table and redesignate footnote 2 as day that the violation continues is a separate
of the Federal Railroad Safety Laws footnote 1 (at text and in table heading) offense. 49 U.S.C. 21301; 28 U.S.C. 2461,
and revise it. note.
* * * * * The revisions read as follows:
Guideline
49 CFR Section Description amount 1
* * * * * * *
Part 173—Shippers—General Requirements for Shipments and Packages
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![60746 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations
Guideline
49 CFR Section Description amount 1
* * * * * * *
173.24(b)(1) and 173.24(b)(2) and Securing closures: These subsections are the general ‘‘no leak’’ standard for all packagings. Sec.
173.24(f)(1) and 173.24(f)(1)(ii). 173.24(b) deals primarily with packaging as a whole, while § 173.24(f) focuses on closures. Use
§ 173.31(d) for tank cars, when possible. Cite the sections accordingly, using both the leak/non-
leak criteria and the package size considerations to reach the appropriate penalty. Any actual
leak will aggravate the guideline by, typically, 50%; a leak with contact with a human being will
aggravate by at least 100%, up to the maximum of $79,976, and up to $186,610 if the violation
results in death, serious illness or injury or substantial destruction of property. For intermodal
(IM) portable tanks and other tanks of that size range, use the tank car penalty amounts, as
stated in § 173.31.
—Small bottle or box. .................................................................................................. 1,000
—55-gallon drum. ........................................................................................................ 2,500
—Larger container, e.g., IBC; not portable tank or tank car ....................................... 5,000
—IM portable tank, cite § 173.24(f) and use the penalty amounts for tank cars: Residue, generally,
§ 173.29(a) and, loaded, § 173.31(d).
—Residue adhering to outside of package (i.e., portable tanks, tank cars, etc.) ....... 5,000
173.24(c) ................................................... Use of package not meeting specifications, including required stencils and markings. The most spe-
cific section for the package involved should be cited (see below). The penalty guideline should
be adjusted for the size of the container. Any actual leak will aggravate the guideline by, typi-
cally, 50%; a leak with contact with a human being will aggravate by at least 100%, up to the
maximum of $79,976, and up to $186,610 if the violation results in death, serious illness or in-
jury or substantial destruction of property.
* * * * * * *
1A person who knowingly violates the hazardous material transportation law or a regulation, order, special permit, or approval issued there-
under, is subject to a civil penalty of up to $79,976 for each violation, except that the maximum civil penalty for a violation is $186,610 if the vio-
lation results in death, serious illness, or severe injury to any person or substantial destruction of property; and a minimum $481 civil penalty ap-
plies to a violation related to training. Each day that the violation continues is a separate offense. 49 U.S.C. 5123; 28 U.S.C. 2461, note.
PART 213—TRACK SAFETY § 214.5 [Amended] Appendix B to Part 215—[Amended]
STANDARDS ■ 32. Amend § 214.5 as follows: ■ 36. Amend appendix B to part 215 in
■ a. Remove the dollar amount ‘‘$853’’ the first paragraph of footnote 1 by
■ 28. The authority citation for part 213
and add in its place ‘‘$870’’; removing the dollar amount ‘‘$27,904’’
continues to read as follows:
■ b. Remove the dollar amount and adding in its place ‘‘$28,474’’ and
Authority: 49 U.S.C. 20102–20114 and ‘‘$27,904’’ and add in its place by removing the dollar amount
20142; Sec. 403, Div. A, Public Law 110–432, ‘‘$109,819’’ and adding in its place ‘‘the
122 Stat. 4885; 28 U.S.C. 2461, note; and 49
‘‘$28,474’’; and
■ c. Remove the dollar amount statutory maximum amount’’.
CFR 1.89.
‘‘$111,616’’ and add in its place
§ 213.15 [Amended] PART 216—SPECIAL NOTICE AND
‘‘$113,894’’.
EMERGENCY ORDER PROCEDURES:
■ 29. In § 213.15, amend paragraph (a) Appendix A to Part 214—[Amended] RAILROAD TRACK, LOCOMOTIVE
as follows: AND EQUIPMENT
■ a. Remove the dollar amount ‘‘$853’’ ■ 33. In appendix A to part 214,
and add in its place ‘‘$870’’; footnote 1, remove the dollar amount ■ 37. The authority citation for part 216
■ b. Remove the dollar amount ‘‘$109,819’’ and add in its place ‘‘the continues to read as follows:
‘‘$27,904’’ and add in its place statutory maximum amount’’. Authority: 49 U.S.C. 20102–20104, 20107,
‘‘$28,474’’; and 20111, 20133, 20701–20702, 21301–21302,
PART 215—RAILROAD FREIGHT CAR 21304; 28 U.S.C. 2461, note; and 49 CFR
■ c. Remove the dollar amount
SAFETY STANDARDS 1.89.
‘‘$111,616’’ and add in its place
‘‘$113,894’’. ■ 34. The authority citation for part 215 § 216.7 [Amended]
Appendix B to Part 213—[Amended] continues to read as follows: ■ 38. Amend § 216.7 as follows:
Authority: 49 U.S.C. 20103, 20107; 28 ■ a. Remove the dollar amount ‘‘$853’’
■ 30. In appendix B to part 213, footnote U.S.C. 241, note; and 49 CFR 1.89. and add in its place ‘‘$870’’;
1, remove the dollar amount ‘‘$109,819’’ ■ b. Remove the dollar amount
and add in its place ‘‘the statutory § 215.7 [Amended] ‘‘$27,904’’ and add in its place
maximum amount’’. ■ 35. Amend § 215.7 as follows: ‘‘$28,474’’; and
■ a. Remove the dollar amount ‘‘$853’’ ■ c. Remove the dollar amount
PART 214—RAILROAD WORKPLACE
and add in its place ‘‘$870’’; ‘‘$111,616’’ and add in its place
daltland on DSKBBV9HB2PROD with RULES
SAFETY
■ b. Remove the dollar amount ‘‘$113,894’’.
■ 31. The authority citation for part 214 ‘‘$27,904’’ and add in its place
‘‘$28,474’’; and PART 217—RAILROAD OPERATING
continues to read as follows:
RULES
Authority: 49 U.S.C. 20103, 20107, 21301, ■ c. Remove the dollar amount
31304, 28 U.S.C. 2461, note; and 49 CFR ‘‘$111,616’’ and add in its place ■ 39. The authority citation for part 217
1.89. ‘‘$113,894’’. continues to read as follows:
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![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations 60747
Authority: 49 U.S.C. 20103, 20107; 28 PART 220—RAILROAD ■ c. Remove the dollar amount
U.S.C. 2461, note; and 49 CFR 1.89. COMMUNICATIONS ‘‘$111,616’’ and add in its place
§ 217.5 [Amended] ‘‘$113,894’’.
■ 48. The authority citation for part 220
■ 40. Amend § 217.5 as follows: continues to read as follows: Appendix H to Part 222—[Amended]
■ a. Remove the dollar amount ‘‘$853’’
Authority: 49 U.S.C. 20102–20103, 20103, ■ 56. In appendix H to part 222,
and add in its place ‘‘$870’’;
note, 20107, 21301–21302, 20701–20703, footnote 1, remove the dollar amount
■ b. Remove the dollar amount
21304, 21311; 28 U.S.C. 2461, note; and 49 ‘‘$109,819’’ and add in its place ‘‘the
‘‘$27,904’’ and add in its place CFR 1.89. statutory maximum amount’’.
‘‘$28,474’’; and
■ c. Remove the dollar amount § 220.7 [Amended] PART 223—SAFETY GLAZING
‘‘$111,616’’ and add in its place ■ 49. Amend § 220.7 as follows: STANDARDS—LOCOMOTIVES,
‘‘$113,894’’. ■ a. Remove the dollar amount ‘‘$853’’ PASSENGER CARS AND CABOOSES
Appendix A to Part 217—[Amended] and add in its place ‘‘$870’’;
■ b. Remove the dollar amount
■ 57. The authority citation for part 223
■ 41. In appendix A to part 217, continues to read as follows:
‘‘$27,904’’ and add in its place
footnote 1, remove the dollar amount
‘‘$28,474’’; and Authority: 49 U.S.C. 20102–20103, 20133,
‘‘$109,819’’ and add in its place ‘‘the 20701–20702, 21301–21302, 21304; 28 U.S.C.
■ c. Remove the dollar amount
statutory maximum amount’’. 2461, note; and 49 CFR 1.89.
‘‘$111,616’’ and add in its place
PART 218—RAILROAD OPERATING ‘‘$113,894’’. § 223.7 [Amended]
PRACTICES Appendix C to Part 220—[Amended] ■ 58. Amend § 223.7 as follows:
■ 42. The authority citation for part 218 ■ a. Remove the dollar amount ‘‘$853’’
■ 50. In appendix C to part 220, footnote
continues to read as follows: and add in its place ‘‘$870’’;
1, remove the dollar amount ‘‘$109,819’’
■ b. Remove the dollar amount
Authority: 49 U.S.C. 20103, 20107; 28 and add in its place ‘‘the statutory
‘‘$27,904’’ and add in its place
U.S.C. 2461, note; and 49 CFR 1.89. maximum amount’’.
‘‘$28,474’’; and
§ 218.9 [Amended] PART 221—REAR END MARKING ■ c. Remove the dollar amount
■ 43. Amend § 218.9 as follows: DEVICE—PASSENGER, COMMUTER ‘‘$111,616’’ and add in its place
■ a. Remove the dollar amount ‘‘$853’’ AND FREIGHT TRAINS ‘‘$113,894’’.
and add in its place ‘‘$870’’; Appendix B to Part 223—[Amended]
■ b. Remove the dollar amount ■ 51. The authority citation for part 221
‘‘$27,904’’ and add in its place continues to read as follows: ■ 59. In appendix B to part 223, footnote
‘‘$28,474’’; and Authority: 49 U.S.C. 20103, 20107; 28 1, remove the dollar amount ‘‘$109,819’’
■ c. Remove the dollar amount U.S.C. 2461, note; and 49 CFR 1.89. and add in its place ‘‘the statutory
‘‘$111,616’’ and add in its place maximum amount’’.
‘‘$113,894’’. § 221.7 [Amended]
■ 52. Amend § 221.7 as follows: PART 224—REFLECTORIZATION OF
Appendix A to Part 218—[Amended] RAIL FREIGHT ROLLING STOCK
■ a. Remove the dollar amount ‘‘$853’’
■ 44. In appendix A to part 218, and add in its place ‘‘$870’’; ■ 60. The authority citation for part 224
footnote 1, remove the dollar amount ■ b. Remove the dollar amount continues to read as follows:
‘‘$109,819’’ and add in its place ‘‘the ‘‘$27,904’’ and add in its place
statutory maximum amount’’. Authority: 49 U.S.C. 20103, 20107, 20148
‘‘$28,474’’; and and 21301; 28 U.S.C. 2461, note; and 49 CFR
■ c. Remove the dollar amount 1.89.
PART 219—CONTROL OF ALCOHOL ‘‘$111,616’’ and add in its place
AND DRUG USE ‘‘$113,894’’. § 224.11 [Amended]
■ 45. The authority citation for part 219 Appendix C to Part 221—[Amended] ■ 61. In § 224.11, amend paragraph (a)
continues to read as follows: as follows:
■ 53. In appendix C to part 221, footnote ■ a. Remove the dollar amount ‘‘$853’’
Authority: 49 U.S.C. 20103, 20107, 20140,
21301, 21304, 21311; 28 U.S.C. 2461, note; 1, remove the dollar amount ‘‘$109,819’’ and add in its place ‘‘$870’’;
Sec. 412, Div. A, Pub. L. 110–432, 122 Stat. and add in its place ‘‘the statutory ■ b. Remove the dollar amount
4889 (49 U.S.C. 20140, note); and 49 CFR maximum amount’’. ‘‘$27,904’’ and add in its place
1.89. ‘‘$28,474’’; and
PART 222—USE OF LOCOMOTIVE ■ c. Remove the dollar amount
§ 219.10 [Amended] HORNS AT PUBLIC HIGHWAY–RAIL ‘‘$111,616’’ and add in its place
■ 46. In § 219.10, amend as follows: GRADE CROSSINGS ‘‘$113,894’’.
■ a. Remove the dollar amount ‘‘$650’’
and add in its place ‘‘$870’’; ■ 54. The authority citation for part 222 Appendix A to Part 224—[Amended]
■ b. Remove the dollar amount continues to read as follows:
■ 62. In appendix A to part 224,
‘‘$25,000’’ and add in its place Authority: 49 U.S.C. 20103, 20107, 20153, footnote 1, remove the dollar amount
‘‘$28,474’’; and 21301, 21304; 28 U.S.C. 2461, note; and 49 ‘‘$109,819’’ and add in its place ‘‘the
■ c. Remove the dollar amount CFR 1.89.
statutory maximum amount’’.
‘‘$105,000’’ and add in its place
§ 222.11 [Amended]
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‘‘$113,894’’. PART 225—RAILROAD ACCIDENTS/
■ 55. Amend § 222.11 as follows: INCIDENTS: REPORTS
Appendix A to Part 219—[Amended] ■ a. Remove the dollar amount ‘‘$853’’ CLASSIFICATION, AND
■ 47. In appendix A to part 219, and add in its place ‘‘$870’’; INVESTIGATIONS
footnote 1, remove the dollar amount ■ b. Remove the dollar amount
‘‘$105,000’’ and add in its place ‘‘the ‘‘$27,904’’ and add in its place ■ 63. The authority citation for part 225
statutory maximum amount’’. ‘‘$28,474’’; and continues to read as follows:
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![60748 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations
Authority: 49 U.S.C. 103, 322(a), 20103, 71. In appendix A to part 228, below ■ b. Remove the dollar amount
20107, 20901–20902, 21301, 21302, 21311; the heading ‘‘GENERAL PROVISIONS,’’ ‘‘$27,904’’ and add in its place
28 U.S.C. 2461, note; and 49 CFR 1.89. amend the ‘‘Penalty’’ paragraph by ‘‘$28,474’’; and
§ 225.29 [Amended] adding a sentence at the end of the ■ c. Remove the dollar amount
paragraph to read as follows: ‘‘$111,616’’ and add in its place
■ 64. Amend § 225.29 as follows:
■ a. Remove the dollar amount ‘‘$853’’ ‘‘$113,894’’.
Appendix A to Part 228—Requirements
and add in its place ‘‘$870’’; of the Hours of Service Act: Statement PART 231—RAILROAD SAFETY
■ b. Remove the dollar amount of Agency Policy and Interpretation APPLIANCE STANDARDS
‘‘$27,904’’ and add in its place
‘‘$28,474’’; and * * * * * ■ 78. The authority citation for part 231
■ c. Remove the dollar amount General Provisions continues to read as follows:
‘‘$111,616’’ and add in its place * * * * * Authority: 49 U.S.C. 20102–20103, 20107,
‘‘$113,894’’. Penalty. * * * Effective November 27, 20131, 20301–20303, 21301–21302, 21304;
2018, the minimum civil monetary penalty 28 U.S.C. 2461, note; and 49 CFR 1.89.
Appendix A to Part 225—[Amended]
was raised from $853 to $870, the ordinary
■ 65. In appendix A to part 225, maximum civil monetary penalty was raised § 231.0 [Amended]
footnote 1, remove the dollar amount from $27,904 to $28,474, and the aggravated ■ 79. In § 231.0, amend paragraph (f) as
‘‘$109,819’’ and add in its place ‘‘the maximum civil monetary penalty was raised follows:
statutory maximum amount’’. from $111,616 to $113,894. ■ a. Remove the dollar amount ‘‘$853’’
* * * * * and add in its place ‘‘$870’’;
PART 227—OCCUPATIONAL NOISE ■ b. Remove the dollar amount
Appendix B to Part 228—[Amended]
EXPOSURE ‘‘$27,904’’ and add in its place
■ 72. In appendix B to part 228, footnote ‘‘$28,474’’; and
■ 66. The authority citation for part 227 1, remove the dollar amount ‘‘$109,819’’ ■ c. Remove the dollar amount
continues to read as follows: and add in its place ‘‘the statutory ‘‘$111,616’’ and add in its place
Authority: 49 U.S.C. 20103, 20103, note, maximum amount’’. ‘‘$113,894’’.
20701–20702; 28 U.S.C. 2461, note; and 49
CFR 1.89. PART 229—RAILROAD LOCOMOTIVE Appendix A to Part 231—[Amended]
SAFETY STANDARDS ■ 80. In appendix A to part 231,
§ 227.9 [Amended]
■ 73. The authority citation for part 229 footnote 1, remove the dollar amount
■ 67. In § 227.9, amend paragraph (a) as ‘‘$109,819’’ and add in its place ‘‘the
follows: continues to read as follows:
statutory maximum amount’’.
■ a. Remove the dollar amount ‘‘$853’’ Authority: 49 U.S.C. 103, 322(a), 20103,
and add in its place ‘‘$870’’; 20107, 20901–02, 21301, 21301, 21302, PART 232— BRAKE SYSTEM SAFETY
■ b. Remove the dollar amount 21311; 28 U.S.C. 2461, note; and 49 CFR STANDARDS FOR FREIGHT AND
‘‘$27,904’’ and add in its place 1.89.
OTHER NON–PASSENGER TRAINS
‘‘$28,474’’; and AND EQUIPMENT; END–OF–TRAIN
■ c. Remove the dollar amount
§ 229.7 [Amended]
■ 74. In § 229.7, amend paragraph (b) as DEVICES
‘‘$111,616’’ and add in its place
‘‘$113,894’’. follows: ■ 81. The authority citation for part 232
■ a. Remove the dollar amount ‘‘$853’’ continues to read as follows:
Appendix G to Part 227—[Amended] and add in its place ‘‘$870’’;
■ b. Remove the dollar amount Authority: 49 U.S.C. 20102–20103, 20107,
■ 68. In appendix G to part 227, footnote 20133, 20141, 20301–20303, 20306, 21301–
1, remove the dollar amount ‘‘$109,819’’ ‘‘$27,904’’ and add in its place 21302, 21304; 28 U.S.C. 2461, note; and 49
and add in its place ‘‘the statutory ‘‘$28,474’’; and CFR 1.89.
maximum amount’’. ■ c. Remove the dollar amount
‘‘$111,616’’ and add in its place § 232.11 [Amended]
PART 228— PASSENGER TRAIN ‘‘$113,894’’. ■ 82. In § 232.11, amend paragraph (a)
EMPLOYEE HOURS OF SERVICE; Appendix B to Part 229—[Amended] as follows:
RECORDKEEPING AND REPORTING; ■ a. Remove the dollar amount ‘‘$853’’
SLEEPING QUARTERS ■ 75. In appendix B to part 229, in the and add in its place ‘‘$870’’;
first paragraph of footnote 1, remove the ■ b. Remove the dollar amount
■ 69. The authority citation for part 228 dollar amount ‘‘$27,904’’ and add in its ‘‘$27,904’’ and add in its place
continues to read as follows: place ‘‘$28,474’’ and remove the dollar ‘‘$28,474’’; and
Authority: 49 U.S.C. 103, 20103, 20107, amount ‘‘$109,819’’ and add in its place ■ c. Remove the dollar amount
21101–21109; Sec. 108, Div. A, Public Law ‘‘the statutory maximum amount’’. ‘‘$111,616’’ and add in its place
110–432, 122 Stat. 4860–4866, 4893–4894; 49 ‘‘$113,894’’.
U.S.C. 21301, 21303, 21304, 21311; 28 U.S.C. PART 230—STEAM LOCOMOTIVE
2461, note; and 49 CFR 1.89. INSPECTION AND MAINTENANCE Appendix A to Part 232—[Amended]
§ 228.6 [Amended]
STANDARDS ■ 83. In appendix A to part 232, in the
first paragraph of footnote 1, remove the
■ 70. In § 228.6, amend paragraph (a) as ■ 76. The authority citation for part 230
dollar amount ‘‘$27,904’’ and add in its
follows: continues to read as follows:
place ‘‘$28,474’’ and remove the dollar
a. Remove the dollar amount ‘‘$853’’ Authority: 49 U.S.C. 20103, 20107, 20702; amount ‘‘$109,819’’ and add in its place
daltland on DSKBBV9HB2PROD with RULES
and add in its place ‘‘$870’’; 28 U.S.C. 2461, note; and 49 CFR 1.89.
■ b. Remove the dollar amount
‘‘the statutory maximum amount’’.
‘‘$27,904’’ and add in its place § 230.4 [Amended]
PART 233—SIGNAL SYSTEMS
‘‘$28,474’’; and ■ 77. In § 230.4, amend paragraph (a) as REPORTING REQUIREMENTS
■ c. Remove the dollar amount follows:
‘‘$111,616’’ and add in its place ■ a. Remove the dollar amount ‘‘$853’’ ■ 84. The authority citation for part 233
‘‘$113,894’’. and add in its place ‘‘$870’’; continues to read as follows:
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![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations 60749
Authority: 49 U.S.C. 504, 522, 20103, Appendix A to Part 235—[Amended] PART 238—PASSENGER EQUIPMENT
20107, 20501–20505, 21301, 21302, 21311; SAFETY STANDARDS
28 U.S.C. 2461, note; and 49 CFR 1.89. ■ 92. In appendix A to part 235,
footnote 1, remove the dollar amount ■ 99. The authority citation for part 238
§ 233.11 [Amended] ‘‘$109,819’’ and add in its place ‘‘the continues to read as follows:
■ 85. Amend § 233.11 as follows: statutory maximum amount’’. Authority: 49 U.S.C. 20103, 20107, 20133,
■ a. Remove the dollar amount ‘‘$853’’ 20141, 20302–20303, 20306, 20701–20702,
and add in its place ‘‘$870’’; PART 236—RULES, STANDARDS, AND 21301–21302, 21304; 28 U.S.C. 2461, note;
■ b. Remove the dollar amount INSTRUCTIONS GOVERNING THE and 49 CFR 1.89.
‘‘$27,904’’ and add in its place INSTALLATION, INSPECTION,
‘‘$28,474’’; and MAINTENANCE, AND REPAIR OF § 238.11 [Amended]
■ c. Remove the dollar amount SIGNAL AND TRAIN CONTROL ■ 100. In § 238.11, amend paragraph (a)
‘‘$111,616’’ and add in its place SYSTEMS, DEVICES, AND as follows:
‘‘$113,894’’. APPLIANCES ■ a. Remove the dollar amount ‘‘$853’’
and add in its place ‘‘$870’’;
Appendix A to Part 233—[Amended]
■ 93. The authority citation for part 236 ■ b. Remove the dollar amount
86. In appendix A to part 233, continues to read as follows: ‘‘$27,904’’ and add in its place
footnote 1, remove the dollar amount ‘‘$28,474’’; and
Authority: 49 U.S.C. 20102–20103, 20107,
‘‘$109,819’’ and add in its place ‘‘the 20133, 20141, 20157, 20301–20303, 20306, ■ c. Remove the dollar amount
statutory maximum amount’’. 20501–20505, 20701–20703, 21301–21302, ‘‘$111,616’’ and add in its place
21304; 28 U.S.C. 2461, note; and 49 CFR ‘‘$113,894’’.
PART 234—GRADE CROSSING 1.89.
SAFETY Appendix A to Part 238—[Amended]
§ 236.0 [Amended] ■ 101. In appendix A to part 238, in the
■ 87. The authority citation for part 234
continues to read as follows: ■ 94. In § 236.0, amend paragraph (f) as first paragraph of footnote 1, remove the
follows: dollar amount ‘‘$27,904’’ and add in its
Authority: 49 U.S.C. 20103, 20107, 20152, place ‘‘$28,474’’ and remove the dollar
20160, 21301, 21304, 21311, 22501 note; Pub. ■ a. Remove the dollar amount ‘‘$853’’
amount ‘‘$109,819’’ and add in its place
L. 110–432, Div. A., Sec. 202, 28 U.S.C. 2461, and add in its place ‘‘$870’’;
note; and 49 CFR 1.89.
‘‘the statutory maximum amount’’.
■ b. Remove the dollar amount
§ 234.6 [Amended] ‘‘$27,904’’ and add in its place PART 239—PASSENGER TRAIN
■ 88. In § 234.6, amend paragraph (a) as ‘‘$28,474’’; and EMERGENCY PREPAREDNESS
follows: ■ c. Remove the dollar amount ■ 102. The authority citation for part
■ a. Remove the dollar amount ‘‘$853’’ ‘‘$111,616’’ and add in its place 239 continues to read as follows:
and add in its place ‘‘$870’’; ‘‘$113,894’’.
Authority: 49 U.S.C. 20102–20103, 20105–
■ b. Remove the dollar amount
Appendix A to Part 236—[Amended] 20114, 20133, 21301, 21304, and 21311; 28
‘‘$27,904’’ and add in its place U.S.C. 2461, note; and 49 CFR 1.89.
‘‘$28,474’’; and ■ 95. In appendix A to part 236,
■ c. Remove the dollar amount footnote 1, remove the dollar amount § 239.11 [Amended]
‘‘$111,616’’ and add in its place ‘‘$109,819’’ and add in its place ‘‘the ■ 103. Amend § 239.11 as follows:
‘‘$113,894’’. statutory maximum amount’’. ■ a. Remove the dollar amount ‘‘$853’’
Appendix A to Part 234—[Amended] and add in its place ‘‘$870’’;
PART 237—BRIDGE SAFETY ■ b. Remove the dollar amount
■ 89. In appendix A to part 234, STANDARDS ‘‘$27,904’’ and add in its place
footnote 1, remove the dollar amount ‘‘$28,474’’; and
‘‘$109,819’’ and add in its place ‘‘the ■ 96. The authority citation for part 237 ■ c. Remove the dollar amount
statutory maximum amount’’. continues to read as follows: ‘‘$111,616’’ and add in its place
Authority: 49 U.S.C. 20102–20114; Public ‘‘$113,894’’.
PART 235—INSTRUCTIONS Law 110–432, Div. A, Sec. 417; 28 U.S.C.
GOVERNING APPLICATIONS FOR Appendix A to Part 239—[Amended]
2461, note; and 49 CFR 1.89.
APPROVAL OF A DISCONTINUANCE ■ 104. In appendix A to part 239,
OR MATERIAL MODIFICATION OF A § 237.7 [Amended] footnote 1, remove the dollar amount
SIGNAL SYSTEM OR RELIEF FROM ■ 97. In § 237.7, amend paragraph (a) as ‘‘$109,819’’ and add in its place ‘‘the
THE REQUIREMENTS OF PART 236 follows: statutory maximum amount’’.
■ 90. The authority citation for part 235 ■ a. Remove the dollar amount ‘‘$853’’ PART 240—QUALIFICATION AND
continues to read as follows: and add in its place ‘‘$870’’; CERTIFICATION OF LOCOMOTIVE
Authority: 49 U.S.C. 20103, 20107; 28 ■ b. Remove the dollar amount ENGINEERS
U.S.C. 2461, note; and 49 CFR 1.89. ‘‘$27,904’’ and add in its place
‘‘$28,474’’; and ■ 105. The authority citation for part
§ 235.9 [Amended] 240 continues to read as follows:
■ 91. Amend § 235.9 as follows: ■ c. Remove the dollar amount
‘‘$111,616’’ and add in its place Authority: 49 U.S.C. 20103, 20107, 20135,
■ a. Remove the dollar amount ‘‘$853’’ 21301, 21304, 21311; 28 U.S.C. 2461, note;
‘‘$113,894’’.
daltland on DSKBBV9HB2PROD with RULES
and add in its place ‘‘$870’’; and 49 CFR 1.89.
■ b. Remove the dollar amount Appendix B to Part 237—[Amended]
‘‘$27,904’’ and add in its place § 240.11 [Amended]
‘‘$28,474’’; and ■ 98. In appendix B to part 237, footnote ■ 106. In § 240.11, amend paragraph (a)
■ c. Remove the dollar amount 1, remove the dollar amount ‘‘$109,819’’ as follows:
‘‘$111,616’’ and add in its place and add in its place ‘‘the statutory ■ a. Remove the dollar amount ‘‘$853’’
‘‘$113,894’’. maximum amount’’. and add in its place ‘‘$870’’;
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![60750 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations
■ b. Remove the dollar amount PART 243—TRAINING, ■ c. Remove the dollar amount
‘‘$27,904’’ and add in its place QUALIFICATION, AND OVERSIGHT ‘‘$111,616’’ and add in its place
‘‘$28,474’’; and FOR SAFETY-RELATED RAILROAD ‘‘$113,894’’.
■ c. Remove the dollar amount EMPLOYEES
‘‘$111,616’’ and add in its place PART 272—CRITICAL INCIDENT
■ 114. The authority citation for part STRESS PLANS
‘‘$113,894’’.
243 continues to read as follows:
Appendix A to Part 240—[Amended] ■ 121. The authority citation for part
Authority: 49 U.S.C. 20103, 20107, 20131–
20155, 20162, 20301–20306, 20701–20702,
272 continues to read as follows:
■ 107. In appendix A to part 240,
21301–21304, 21311; 28 U.S.C. 2461, note; Authority: 49 U.S.C. 20103, 20107, 20109,
footnote 1, remove the dollar amount
and 49 CFR 1.89. note; 28 U.S.C. 2461, note; 49 CFR 1.89; and
‘‘$109,819’’ and add in its place ‘‘the sec. 410, Div. A, Pub. L. 110–432, 122 Stat.
statutory maximum amount’’. § 243.7 [Amended] 4888.
■ 115. In § 243.7, amend paragraph (a)
PART 241—UNITED STATES as follows: § 272.11 [Amended]
LOCATIONAL REQUIREMENT FOR ■ a. Remove the dollar amount ‘‘$853’’ ■ 122. In § 272.11, amend paragraph (a)
DISPATCHING OF UNITED STATES and add in its place ‘‘$870’’; as follows:
RAIL OPERATIONS ■ b. Remove the dollar amount ■ a. Remove the dollar amount ‘‘$853’’
‘‘$27,904’’ and add in its place and add in its place ‘‘$870’’;
■ 108. The authority citation for part
‘‘$28,474’’; and ■ b. Remove the dollar amount
241 continues to read as follows:
■ c. Remove the dollar amount ‘‘$27,904’’ and add in its place
Authority: 49 U.S.C. 20103, 20107, 21301, ‘‘$111,616’’ and add in its place ‘‘$28,474’’; and
21304, 21311; 28 U.S.C. 2461, note; 49 CFR ‘‘$113,894’’. ■ c. Remove the dollar amount
1.89.
Appendix to Part 243—[Amended] ‘‘$111,616’’ and add in its place
§ 241.15 [Amended] ‘‘$113,894’’.
■ 116. In the appendix to part 243,
■ 109. In § 241.15, amend paragraph (a) footnote 1, remove the dollar amount Appendix A to Part 272—[Amended]
as follows: ‘‘$109,819’’ and add in its place ‘‘the ■ 123. In appendix A to part 272,
■ a. Remove the dollar amount ‘‘$853’’ statutory maximum amount’’. footnote 1, remove the dollar amount
and add in its place ‘‘$870’’; ‘‘$109,819’’ and add in its place ‘‘the
■ b. Remove the dollar amount PART 244—REGULATIONS ON
statutory maximum amount’’.
‘‘$27,904’’ and add in its place SAFETY INTEGRATION PLANS
‘‘$28,474’’; and GOVERNING RAILROAD PART 386—RULES OF PRACTICE FOR
■ c. Remove the dollar amount CONSOLIDATIONS, MERGERS, AND FMCSA PROCEEDINGS
‘‘$111,616’’ and add in its place ACQUISITIONS OF CONTROL
‘‘$113,894’’. ■ 124. The authority citation for part
■ 117. The authority citation for part 386 is revised to read as follows:
Appendix B to Part 241—[Amended] 244 is revised to read as follows:
Authority: 49 U.S.C. 113; chapters 5, 51,
Authority: 49 U.S.C. 20103, 20107, 21301; 131–141, 145–149, 311, 313, and 315; Sec.
■ 110. In appendix B to part 241, 5 U.S.C. 553 and 559; 28 U.S.C. 2461, note;
footnote 1, remove the dollar amount 204, Pub. L. 104–88, 109 Stat. 803, 941 (49
and 49 CFR 1.89. U.S.C. 701 note); Sec. 217, Pub. L. 105–159,
‘‘$109,819’’ and add in its place ‘‘the
113 Stat. 1748, 1767; Sec. 206, Pub. L. 106–
statutory maximum amount’’. § 244.5 [Amended]
159, 113 Stat. 1763; subtitle B, title IV of Pub.
■ 118. In § 244.5, amend paragraph (a) L. 109–59; Sec. 701 of Pub. L. 114–74, 129
PART 242—QUALIFICATION AND as follows: Stat. 599 (28 U.S.C. 2461 note); 49 CFR 1.81
CERTIFICATION OF CONDUCTORS ■ a. Remove the dollar amount ‘‘$853’’ and 1.87.
and add in its place ‘‘$870’’; ■ 125. Amend Appendix A to part 386
■ 111. The authority citation for part ■ b. Remove the dollar amount by revising the introductory text and
242 continues to read as follows: ‘‘$27,904’’ and add in its place sections II, IV. a. through e., and IV. g.
Authority: 49 U.S.C. 20103, 20107, 20135, ‘‘$28,474’’; and through j. to read as follows:
20138, 20162, 20163, 21301, 21304, 21311; ■ c. Remove the dollar amount
28 U.S.C. 2461, note; and 49 CFR 1.89. ‘‘$111,616’’ and add in its place Appendix A to Part 386—Penalty
‘‘$113,894’’. Schedule: Violations of Notices and
§ 242.11 [Amended] Orders
■ 112. In § 242.11, amend paragraph (a) PART 270—SYSTEM SAFETY
as follows: PROGRAM The Civil Penalties Inflation Adjustment
Act Improvements Act of 2015 [Pub. L. 114–
■ a. Remove the dollar amount ‘‘$853’’
■ 119. The authority citation for part 74, sec. 701, 129 Stat. 599] amended the
and add in its place ‘‘$870’’; Federal Civil Penalties Inflation Adjustment
270 continues to read as follows:
■ b. Remove the dollar amount Act of 1990 to require agencies to adjust civil
‘‘$27,904’’ and add in its place Authority: 49 U.S.C. 20103, 20106–20107, penalties for inflation. Pursuant to that
‘‘$28,474’’; and 20118–20119, 20156, 21301, 21304, 21311; authority, the inflation adjusted civil
28 U.S.C. 2461, note; and 49 CFR 1.89. penalties identified in this appendix
■ c. Remove the dollar amount
‘‘$111,616’’ and add in its place § 270.7 [Amended] supersede the corresponding civil penalty
amounts identified in title 49, United States
‘‘$113,894’’.
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■ 120. In § 270.7, amend paragraph (a) Code.
Appendix A to Part 242—[Amended] as follows:
■ a. Remove the dollar amount ‘‘$853’’
* * * * *
■ 113. In appendix A to part 242, and add in its place ‘‘$870’’; II. Subpoena
footnote 1, remove the dollar amount ■ b. Remove the dollar amount Violation—Failure to respond to Agency
‘‘$109,819’’ and add in its place ‘‘the ‘‘$27,904’’ and add in its place subpoena to appear and testify or produce
statutory maximum amount’’. ‘‘$28,474’’; and records.
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![Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations 60751
Penalty—minimum of $1,066 but not more ■ 126. Amend Appendix B to part 386 $3,096 for a first conviction and not less than
than $10,663 per violation. by revising the introductory text and $6,192 for a second or subsequent conviction;
* * * * * paragraphs (a)(1) through (5), (b) (2) An employer of a CDL-holder who
knowingly allows, requires, permits, or
IV. Out-of-Service Order through (f), (g) introductory text, (g)(1)
authorizes an employee to operate a CMV
through (8), (g)(10) through (14), (g)(16) during any period in which the CDL-holder
a. Violation—Operation of a commercial
vehicle by a driver during the period the
through (18), (g)(21)(i), (g)(22) and (23), is subject to an out-of-service order, is subject
driver was placed out of service. (h), and (i) to read as follows: to a civil penalty of not less than $5,591 or
Penalty—Up to $1,848 per violation. more than $30,956; and
Appendix B to Part 386—Penalty (3) An employer of a CDL–holder who
(For purposes of this violation, the term Schedule: Violations and Monetary
‘‘driver’’ means an operator of a commercial knowingly allows, requires, permits, or
motor vehicle, including an independent Penalties authorizes that CDL-holder to operate a CMV
contractor who, while in the course of The Civil Penalties Inflation Adjustment in violation of a Federal, State, or local law
operating a commercial motor vehicle, is Act Improvements Act of 2015 [Pub. L. 114– or regulation pertaining to railroad-highway
employed or used by another person.) 74, sec. 701, 129 Stat. 599] amended the grade crossings is subject to a civil penalty
b. Violation—Requiring or permitting a of not more than $16,048.
Federal Civil Penalties Inflation Adjustment
driver to operate a commercial vehicle during Act of 1990 to require agencies to adjust civil * * * * *
the period the driver was placed out of penalties for inflation. Pursuant to that (d) Financial responsibility violations. A
service. authority, the inflation adjusted civil motor carrier that fails to maintain the levels
Penalty—Up to $18,477 per violation. penalties identified in this appendix of financial responsibility prescribed by Part
(This violation applies to motor carriers supersede the corresponding civil penalty 387 of this subchapter or any person (except
including an independent contractor who is amounts identified in title 49, United States an employee who acts without knowledge)
not a ‘‘driver,’’ as defined under paragraph Code. who knowingly violates the rules of Part 387
IV(a) above.) What are the types of violations and subparts A and B is subject to a maximum
c. Violation—Operation of a commercial maximum monetary penalties? penalty of $16,499. Each day of a continuing
motor vehicle or intermodal equipment by a (a) Violations of the Federal Motor Carrier violation constitutes a separate offense.
driver after the vehicle or intermodal (e) Violations of the Hazardous Materials
Safety Regulations (FMCSRs):
equipment was placed out-of-service and Regulations (HMRs) and Safety Permitting
(1) Recordkeeping. A person or entity that
before the required repairs are made. Regulations found in Subpart E of Part 385.
fails to prepare or maintain a record required
Penalty—$1,848 each time the vehicle or This paragraph applies to violations by motor
by parts 40, 382, 385, and 390–99 of this
intermodal equipment is so operated. carriers, drivers, shippers and other persons
(This violation applies to drivers as subchapter, or prepares or maintains a
who transport hazardous materials on the
defined in IV(a) above.) required record that is incomplete,
highway in commercial motor vehicles or
d. Violation—Requiring or permitting the inaccurate, or false, is subject to a maximum
cause hazardous materials to be so
operation of a commercial motor vehicle or civil penalty of $1,239 for each day the
transported.
intermodal equipment placed out-of-service violation continues, up to $12,383.
(1) All knowing violations of 49 U.S.C.
before the required repairs are made. (2) Knowing falsification of records. A
chapter 51 or orders or regulations issued
Penalty—Up to $18,477 each time the person or entity that knowingly falsifies,
under the authority of that chapter applicable
vehicle or intermodal equipment is so destroys, mutilates, or changes a report or
to the transportation or shipment of
operated after notice of the defect is received. record required by parts 382, 385, and 390–
hazardous materials by commercial motor
(This violation applies to intermodal 99 of this subchapter, knowingly makes or vehicle on the highways are subject to a civil
equipment providers and motor carriers, causes to be made a false or incomplete penalty of not more than $79,976 for each
including an independent owner operator record about an operation or business fact or violation. Each day of a continuing violation
who is not a ‘‘driver,’’ as defined in IV(a) transaction, or knowingly makes, prepares, or constitutes a separate offense.
above.) preserves a record in violation of a regulation (2) All knowing violations of 49 U.S.C.
e. Violation—Failure to return written order of the Secretary is subject to a chapter 51 or orders or regulations issued
certification of correction as required by the maximum civil penalty of $12,383 if such under the authority of that chapter applicable
out-of-service order. action misrepresents a fact that constitutes a to training related to the transportation or
Penalty—Up to $924 per violation. violation other than a reporting or shipment of hazardous materials by
recordkeeping violation. commercial motor vehicle on the highways
* * * * * (3) Non-recordkeeping violations. A person
g. Violation—Operating in violation of an are subject to a civil penalty of not less than
or entity that violates parts 382, 385, or 390– $481 and not more than $79,976 for each
order issued under § 386.72(b) to cease all or 99 of this subchapter, except a recordkeeping
part of the employer’s commercial motor violation.
requirement, is subject to a civil penalty not (3) All knowing violations of 49 U.S.C.
vehicle operations or to cease part of an
to exceed $15,040 for each violation. chapter 51 or orders, regulations or
intermodal equipment provider’s operations,
(4) Non-recordkeeping violations by exemptions under the authority of that
i.e., failure to cease operations as ordered.
drivers. A driver who violates parts 382, 385, chapter applicable to the manufacture,
Penalty—Up to $26,659 per day the
and 390–99 of this subchapter, except a fabrication, marking, maintenance,
operation continues after the effective date
recordkeeping violation, is subject to a civil reconditioning, repair, or testing of a
and time of the order to cease.
penalty not to exceed $3,760. packaging or container that is represented,
h. Violation—Operating in violation of an
(5) Violation of 49 CFR 392.5. A driver marked, certified, or sold as being qualified
order issued under § 386.73.
placed out of service for 24 hours for for use in the transportation or shipment of
Penalty—Up to $23,426 per day the
operation continues after the effective date violating the alcohol prohibitions of 49 CFR hazardous materials by commercial motor
and time of the out-of-service order. 392.5(a) or (b) who drives during that period vehicle on the highways are subject to a civil
i. Violation—Conducting operations during is subject to a civil penalty not to exceed penalty of not more than $79,976 for each
a period of suspension under § 386.83 or $3,096 for a first conviction and not less than violation.
§ 386.84 for failure to pay penalties. $6,192 for a second or subsequent conviction. (4) Whenever regulations issued under the
Penalty—Up to $15,040 for each day that * * * * * authority of 49 U.S.C. chapter 51 require
operations are conducted during the (b) Commercial driver’s license (CDL) compliance with the FMCSRs while
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suspension or revocation period. violations. Any person who violates 49 CFR transporting hazardous materials, any
j. Violation—Conducting operations during part 383, subparts B, C, E, F, G, or H, is violations of the FMCSRs will be considered
a period of suspension or revocation under subject to a civil penalty not to exceed a violation of the HMRs and subject to a civil
§§ 385.911, 385.913, 385.1009 or 385.1011. $5,591; except: penalty of not more than $79,976.
Penalty—Up to $23,426 for each day that (1) A CDL-holder who is convicted of (5) If any violation subject to the civil
operations are conducted during the violating an out-of-service order shall be penalties set out in paragraphs (e)(1) through
suspension or revocation period. subject to a civil penalty of not less than (4) of this appendix results in death, serious
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![60754 Federal Register / Vol. 83, No. 228 / Tuesday, November 27, 2018 / Rules and Regulations
States Government for a civil penalty of We are issuing this AD to address the require revising the existing
not more than $2,343 for each violation. unsafe condition on these products. maintenance or inspection program, as
The failure of more than one part of a DATES: This AD is effective January 2, applicable, to incorporate new or more
single motor vehicle to conform to an 2019. restrictive instructions and/or
applicable standard under 49 U.S.C. The Director of the Federal Register airworthiness limitation requirements.
33102 or 33103 is only a single approved the incorporation by reference We are issuing this AD to address
violation. The maximum penalty under of certain publications listed in this AD fatigue cracking, accidental damage, or
this paragraph for a related series of as of January 2, 2019. corrosion in principal structural
violations is $585,619. ADDRESSES: For service information elements, and possible failure of certain
(2) A person that violates 49 U.S.C. identified in this final rule, contact life limited parts, which could result in
33114(a)(5) is liable to the United States Airbus SAS, Airworthiness Office— reduced structural integrity of the
Government for a civil penalty of not EAL, Rond-Point Emile Dewoitine No: airplane.
more than $173,951 a day for each 2, 31700 Blagnac Cedex, France;
violation. The European Aviation Safety Agency
telephone +33 5 61 93 36 96; fax +33 5 (EASA), which is the Technical Agent
* * * * * 61 93 45 80; email airworthiness.A330- for the Member States of the European
(i) Medium- and heavy-duty vehicle A340@airbus.com; internet http:// Union, has issued EASA AD 2018–0034,
fuel efficiency. The maximum civil www.airbus.com. You may view this dated February 5, 2018 (referred to after
penalty for a violation of the fuel service information at the FAA, this as the Mandatory Continuing
consumption standards of 49 CFR part Transport Standards Branch, 2200 Airworthiness Information, or ‘‘the
535 is not more than $40,852 per South 216th St., Des Moines, WA. For MCAI’’), to correct an unsafe condition
vehicle or engine. The maximum civil information on the availability of this for Airbus SAS Model A330–200 series
penalty for a related series of violations material at the FAA, call 206–231–3195. airplanes; Model A330–200 Freighter
shall be determined by multiplying $40, It is also available on the internet at series airplanes; and Model A330–300
852 times the vehicle or engine http://www.regulations.gov by searching series airplanes. The MCAI states:
production volume for the model year for and locating Docket No. FAA–2018–
in question within the regulatory 0759. The airworthiness limitations for Airbus
averaging set. A330 and A340 aeroplanes, which are
Examining the AD Docket approved by EASA, are currently defined and
Issued in Washington, DC, under authority
You may examine the AD docket on published in the A330 and A340 ALS
delegated at 49 CFR 1.27(n).
the internet at http:// document(s). The Safe Life Airworthiness
Steven G. Bradbury, Limitation Items are specified in ALS Part 1.
General Counsel.
www.regulations.gov by searching for
These instructions have been identified as
and locating Docket No. FAA–2018–
[FR Doc. 2018–24930 Filed 11–26–18; 8:45 am] mandatory for continued airworthiness.
0759; or in person at Docket Operations Failure to accomplish these instructions
BILLING CODE 4910–9X–P
between 9 a.m. and 5 p.m., Monday could result in an unsafe condition.
through Friday, except Federal holidays. EASA previously issued [EASA] AD 2014–
The AD docket contains this final rule, 0009 [which corresponds to FAA AD 2017–
DEPARTMENT OF TRANSPORTATION
the regulatory evaluation, any 10–24, Amendment 39–18898 (82 FR 24035,
Federal Aviation Administration comments received, and other May 25, 2017) (‘‘AD 2017–10–24’’)] to require
information. The address for Docket the implementation of the instructions and
14 CFR Part 39 Operations (phone: 800–647–5527) is airworthiness limitations as specified in
U.S. Department of Transportation, Airbus A330 and A340 ALS Part 1
[Docket No. FAA–2018–0759; Product Docket Operations, M–30, West documents at Revision 07.
Identifier 2018–NM–055–AD; Amendment Building Ground Floor, Room W12–140, Since that [EASA] AD was issued,
39–19501; AD 2018–23–14] improvement of safe life component selection
1200 New Jersey Avenue SE,
RIN 2120–AA64 Washington, DC 20590. and life extension campaigns resulted in life
limitations changes, among others new or
FOR FURTHER INFORMATION CONTACT:
Airworthiness Directives; Airbus SAS more restrictive life limitations, approved by
Vladimir Ulyanov, Aerospace Engineer, EASA. Consequently, Airbus successively
Airplanes International Section, Transport issued Revision 08 and Revision 09 of the
AGENCY: Federal Aviation Standards Branch, FAA, 2200 South A330 and A340 ALS Part 1, compiling all
Administration (FAA), Department of 216th St., Des Moines, WA 98198; ALS Part 1 changes approved since previous
Transportation (DOT). telephone and fax 206–231–3229. Revision 07.
ACTION: Final rule. SUPPLEMENTARY INFORMATION: In addition, Airbus published Variation 9.2
to remove from ALS Part 1 some life limits
SUMMARY: We are adopting a new Discussion connected to a deficiency in the fatigue
airworthiness directive (AD) for certain We issued a notice of proposed performance of 300M high strength steel used
Airbus SAS Model A330–200 series rulemaking (NPRM) to amend 14 CFR in forgings. These life limits, applicable only
airplanes; Model A330–200 Freighter part 39 by adding an AD that would for a specific batch of parts, are required by
series airplanes; and Model A330–300 apply to certain Airbus SAS Model EASA AD 2017–0185.
For the reason described above, this
series airplanes. This AD was prompted A330–200 series airplanes; Model
[EASA] AD retains the requirements of EASA
by revisions to certain airworthiness A330–200 Freighter series airplanes; AD 2014–0009, which is superseded, and
limitation item (ALI) documents, which and Model A330–300 series airplanes. requires accomplishment of the actions
specify more restrictive instructions The NPRM published in the Federal
daltland on DSKBBV9HB2PROD with RULES
specified in the applicable ALS.
and/or airworthiness limitations. This Register on August 24, 2018 (83 FR
AD requires revising the existing 42812). The NPRM was prompted by You may examine the MCAI in the
maintenance or inspection program, as revisions to certain ALI documents, AD docket on the internet at http://
applicable, to incorporate new or more which specify more restrictive www.regulations.gov by searching for
restrictive instructions and/or instructions and/or airworthiness and locating Docket No. FAA–2018–
airworthiness limitation requirements. limitations. The NPRM proposed to 0759.
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Document Created: 2018-11-27 01:24:16
Document Modified: 2018-11-27 01:24:16
| Category | Regulatory Information | |
| Collection | Federal Register | |
| sudoc Class | AE 2.7: GS 4.107: AE 2.106: | |
| Publisher | Office of the Federal Register, National Archives and Records Administration | |
| Section | Rules and Regulations | |
| Action | Final rule. | |
| Dates | Effective November 27, 2018. | |
| Contact | Alex Zektser, Attorney-Advisor, Office of the General Counsel, U.S. Department of Transportation, 1200 New Jersey Ave. SE, Washington, DC 20590, 202-366-9301, [email protected] (email). | |
| FR Citation | 83 FR 60732 | |
| RIN Number | 2105-AE70 | |
| CFR Citation | 14
CFR
13 14 CFR 383 14 CFR 406 33 CFR 401 46 CFR 221 46 CFR 307 46 CFR 340 46 CFR 356 49 CFR 107 49 CFR 171 49 CFR 190 49 CFR 209 49 CFR 213 49 CFR 214 49 CFR 215 49 CFR 216 49 CFR 217 49 CFR 218 49 CFR 219 49 CFR 220 49 CFR 221 49 CFR 222 49 CFR 223 49 CFR 224 49 CFR 225 49 CFR 227 49 CFR 228 49 CFR 229 49 CFR 230 49 CFR 231 49 CFR 232 49 CFR 233 49 CFR 234 49 CFR 235 49 CFR 236 49 CFR 237 49 CFR 238 49 CFR 239 49 CFR 240 49 CFR 241 49 CFR 242 49 CFR 243 49 CFR 244 49 CFR 270 49 CFR 272 49 CFR 386 49 CFR 578 | |
| CFR Associated | Administrative Practice and Procedure; Air Transportation; Hazardous Materials Transportation; Investigations; Law Enforcement; Penalties; Bridges; Administrative Procedure and Review; Commercial Space Transportation; Enforcement; Rules of Adjudication; Navigation (Water); Radio; Reporting and Recordkeeping Requirements; Vessels; Waterways; Maritime Carriers; Mortgages; Trusts and Trustees; Marine Safety; Harbors; National Defense; Packaging and Containers; Citizenship and Naturalization; Fishing Vessels; Administrative Practices and Procedure; Definitions; General Information; Regulations; Pipeline Safety; Railroad Safety; Occupational Safety and Health; Freight; Railroad Employees; Alcohol Abuse; Drug Abuse; Drug Testing; Safety; Transportation; Glazing Standards; Noise Control; Highway Safety; State and Local Governments; Railroad Signals; Positive Train Control; Fire Prevention; Communications; Penalties; Railroad Safety; Reporting and Recordkeeping Requirements; and System Safety; Railroads; Administrative Procedures; Commercial Motor Vehicle Safety; Highways and Roads; Motor Carriers; Imports; Motor Vehicle Safety; Motor Vehicles; Rubber and Rubber Products and Tires |
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