Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 89551 

1 28 U.S.C. 2461 note. 2Agencies may calculate the percent change 

using the CPI–U numbers, which are typically 

issued in November each year, and confirm their 

calculations upon issuance of the annual OMB 

guidance. 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Parts 13 and 406 

Office of the Secretary 

14 CFR Part 383 

Great Lakes St. Lawrence Seaway 

Development Corporation 

33 CFR Part 401 

Maritime Administration 

46 CFR Parts 221, 307, 340, and 356 

Pipeline and Hazardous Materials 

Safety Administration 

49 CFR Parts 107, 171, and 190 

Federal Railroad Administration 

49 CFR Parts 209, 213, 214, 215, 216, 

217, 218, 219, 220, 221, 222, 223, 224, 

225, 227, 228, 229, 230, 231, 233, 234, 

235, 236, 237, 238, 239, 240, 241, 242, 

243, 244, and 272 

Federal Motor Carrier Safety 

Administration 

49 CFR Part 386 

National Highway Traffic Safety 

Administration 

49 CFR Part 578 

RIN 2105–AF16 

Revisions to Civil Penalty Amounts, 

2024 

AGENCY: Department of Transportation 

(DOT or the Department). 

ACTION: Final rule. 

SUMMARY: This final rule provides the 

statutorily prescribed 2024 adjustment 

to civil penalty amounts that may be 

imposed for violations of certain DOT 

regulations. 

DATES: This rule is effective December 

28, 2023. 

FOR FURTHER INFORMATION CONTACT: 

Elizabeth Kohl, Attorney-Advisor, 

Office of the General Counsel, U.S. 

Department of Transportation, 1200 

New Jersey Ave. SE, Washington, DC 

20590, 202–366–7253; elizabeth.kohl@

dot.gov. 

SUPPLEMENTARY INFORMATION: 

Authority for This Rulemaking 

This rule implements the Federal 

Civil Penalties Inflation Adjustment Act 

of 1990 (FCPIAA), Public Law 101–410, 

as amended by the Federal Civil 

Penalties Inflation Adjustment Act 

Improvements Act of 2015 (2015 Act), 

Public Law 114–74, 129 Stat. 599, 

codified at 28 U.S.C. 2461 note. The 

FCPIAA and the 2015 Act require 

Federal agencies to adjust minimum and 

maximum civil penalty amounts to 

preserve their deterrent impact. The 

2015 Act amended the formula and 

frequency of the adjustments. It required 

an initial catch-up adjustment in the 

form of an interim final rule, followed 

by annual adjustments of civil penalty 

amounts using a statutorily mandated 

formula. Section 4(b)(2) of the 2015 Act 

specifically directs that the annual 

adjustment be accomplished through 

final rule without notice and comment. 

This rule is effective immediately. 

The Department’s authorities over the 

specific civil penalty regulations being 

amended by this rule are provided in 

the preamble discussion below. 

I. Background 

On November 2, 2015, the President 

signed into law the 2015 Act, which 

amended the FCPIAA, to improve the 

effectiveness of civil monetary penalties 

and to maintain their deterrent effect. 

The 2015 Act requires Federal agencies 

to: (1) adjust the level of civil monetary 

penalties with an initial ‘‘catch-up’’ 

adjustment through an interim final rule 

(IFR); and (2) make subsequent annual 

adjustments. 

The 2015 Act directed the Office of 

Management and Budget (OMB) to issue 

guidance on implementing the required 

annual adjustment no later than 

December 15 of each year.1 OMB 

released this required guidance in OMB 

Memorandum M–24–07, available at 

https://www.whitehouse.gov/omb/ 

information-for-agencies/memoranda/, 

which provides instructions on how to 

calculate the 2024 annual adjustment. 

To derive the 2024 adjustment, the 

Department must multiply the 

maximum or minimum penalty amount 

by the percent change between the 

October 2023 Consumer Price Index for 

All Urban Consumers (CPI–U) and the 

October 2022 CPI–U. In this case, as 

explained in OMB Memorandum M–24– 

07 the percent change between the 

October 2023 CPI–U and the October 

2022 CPI–U is 1.03241.2

II. Issuance of a Final Rule 

This final rule is being published 

without notice and comment and with 

an immediate effective date. The 2015 

Act provides clear direction for how to 

adjust the civil penalties, and clearly 

states at section 4(b)(2) that this 

adjustment shall be made 

‘‘notwithstanding section 553 of title 5, 

United States Code.’’ By operation of the 

2015 Act, DOT must publish an annual 

adjustment by January 15 of every year, 

and the new levels take effect upon 

publication of the rule. Accordingly, 

DOT is publishing this final rule 

without prior notice and comment, and 

with an immediate effective date. 

III. Discussion of the Final Rule 

In 2016, OST and DOT’s operating 

administrations with civil monetary 

penalties promulgated the ‘‘catch up’’ 

IFR required by the 2015 Act. All DOT 

operating administrations have already 

finalized their ‘‘catch up’’ IFRs, and this 

rule makes the annual adjustment 

required by the 2015 Act. 

The Department emphasizes that this 

rule adjusts penalties prospectively, and 

therefore the penalty adjustments made 

by this rule will apply only to violations 

that take place after this rule becomes 

effective. This rule also does not change 

previously assessed or enforced 

penalties that DOT is actively collecting 

or has collected. 

A. Office of the Secretary (OST) 2024 

Adjustments 

OST’s 2024 civil penalty adjustments 

are summarized in the chart below. 

Description Citation Existing 

penalty 

New penalty 

(existing 

penalty × 

1.03241) 

General civil penalty for violations of certain aviation economic regulations and statutes .............. 49 U.S.C. 46301(a)(1) .............. $40,272 $41,577 

General civil penalty for violations of certain aviation economic regulations and statutes involving 

an individual or small business concern.

49 U.S.C. 46301(a)(1) .............. 1,771 1,828 


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Description Citation Existing 

penalty 

New penalty 

(existing 

penalty × 1.03241) 

Civil penalties for individuals or small businesses for violations of most provisions of Chapter 401 

of Title 49, including the anti-discrimination provisions of sections 40127 and 41705 and rules 

and orders issued pursuant to these provisions.

49 U.S.C. 46301(a)(5)(A) ......... 16,108 16,630 

Civil penalties for individuals or small businesses for violations of 49 U.S.C. 41719 and rules and 

orders issued pursuant to that provision.

49 U.S.C. 46301(a)(5)(C) ......... 8,054 8,315 

Civil penalties for individuals or small businesses for violations of 49 U.S.C. 41712 or consumer 

protection rules and orders issued pursuant to that provision.

49 U.S.C. 46301(a)(5)(D) ......... 4,028 4,159 

B. Federal Aviation Administration 

(FAA) 2024 Adjustments 

FAA’s 2024 civil penalty adjustments 

are summarized in the chart below. 

Description Citation Existing 

penalty 

New penalty 

(existing 

penalty × 1.03241) 

Violation of hazardous materials transportation law ......................................................................... 49 U.S.C. 5123(a)(1) ................ $96,624 $99,756 

Violation of hazardous materials transportation law resulting in death, serious illness, severe injury, or substantial property destruction.49 U.S.C. 5123(a)(2) ................ 225,455 232,762 

Minimum penalty for violation of hazardous materials transportation law relating to training .......... 49 U.S.C. 5123(a)(3) ................ 582 601 

Maximum penalty for violation of hazardous materials transportation law relating to training ......... 49 U.S.C. 5123(a)(3) ................ 96,624 99,756 

Knowing presentation of a nonconforming aircraft for issuance of an initial airworthiness certificate by a production certificate holder.49 U.S.C. 44704(d)(3)(B) ......... 1,144,489 1,181,582 

Knowing failure by an applicant for or holder of a type certificate to submit safety critical information or include certain such information in an airplane flight manual or flight crew operating 

manual contrary to 49 U.S.C. 44704(e)(1)–(3).

49 U.S.C. 44704(e)(4)(A) ......... 1,144,489 1,181,582 

Operation of an unmanned aircraft or unmanned aircraft system equipped or armed with a dangerous weapon.49 U.S.C. 44802 note ............... 29,462 30,417 

Violation by a person other than an individual or small business concern under 49 U.S.C. 

46301(a)(1)(A) or (B).

49 U.S.C. 46301(a)(1) .............. 40,272 41,577 

Violation by an airman serving as an airman under 49 U.S.C. 46301(a)(1)(A) or (B) (but not covered by 46301(a)(5)(A) or (B)).49 U.S.C. 46301(a)(1) .............. 1,771 1,828 

Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but 

not covered in 49 U.S.C. 46301(a)(5)).

49 U.S.C. 46301(a)(1) .............. 1,771 1,828 

Violation by an individual or small business concern (except an airman serving as an airman) 

under 49 U.S.C. 46301(a)(5)(A)(i) or (ii).

49 U.S.C. 46301(a)(5)(A) ......... 16,108 16,630 

Violation by an individual or small business concern related to the transportation of hazardous 

materials.

49 U.S.C. 46301(a)(5)(B)(i) ...... 16,108 16,630 

Violation by an individual or small business concern related to the registration or recordation 

under 49 U.S.C. chapter 441, of an aircraft not used to provide air transportation.

49 U.S.C. 46301(a)(5)(B)(ii) ..... 16,108 16,630 

Violation by an individual or small business concern of 49 U.S.C. 44718(d), relating to limitation 

on construction or establishment of landfills.

49 U.S.C. 46301(a)(5)(B)(iii) ..... 16,108 16,630 

Violation by an individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts.49 U.S.C. 46301(a)(5)(B)(iv) .... 16,108 16,630 

Individual who aims the beam of a laser pointer at an aircraft in the airspace jurisdiction of the 

United States, or at the flight path of such an aircraft.

49 U.S.C. 46301 note ............... 30,820 31,819 

Tampering with a smoke alarm device ............................................................................................. 49 U.S.C. 46301(b) ................... 5,171 5,339 

Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States.49 U.S.C. 46302 ....................... 28,085 28,995 

Physical or sexual assault or threat to physically or sexually assault crewmember or other individual on an aircraft, or action that poses an imminent threat to the safety of the aircraft or individuals on board.49 U.S.C. 46318 ....................... 42,287 43,658 

Permanent closure of an airport without providing sufficient notice ................................................. 49 U.S.C. 46319 ....................... 16,108 16,630 

Operating an unmanned aircraft and in so doing knowingly or recklessly interfering with a wildfire 

suppression, law enforcement, or emergency response effort.

49 U.S.C. 46320 ....................... 24,656 25,455 

Violation of 51 U.S.C. 50901–50923, a regulation issued under these statutes, or any term or 

condition of a license or permit issued or transferred under these statutes.

51 U.S.C. 50917(c) ................... 283,009 292,181 

C. National Highway Traffic Safety 

Administration (NHTSA) 2024 

Adjustments 

NHTSA’s 2024 civil penalty 

adjustments are summarized in the 

chart below. 

Description Citation Existing 

penalty 

New penalty 

(existing penalty × 1.03241) 

Maximum penalty amount for each violation of: 49 U.S.C. 30112, 30115, 30117–30122, 

30123(a), 30125(c), 30127, 30141–30147, 30166 or 31137, or a regulation prescribed under 

any of these sections.

49 U.S.C. 30165(a)(1), 

30165(a)(3).

$26,315 $27,168 

Maximum penalty amount for a related series of violations of: 49 U.S.C. 30112, 30115, 30117– 

30122, 30123(a), 30125(c), 30127, 30141- 30147, 30166 or 31137, or a regulation prescribed 

under any of these sections.

49 U.S.C. 30165(a)(1), 

30165(a)(3).

131,564,183 135,828,178 

Maximum penalty per school bus related violation of 49 U.S.C. 30112(a)(1) or 30112(a)(2) ......... 49 U.S.C. 30165(a)(2)(A) ......... 14,960 15,445 

Maximum penalty amount for a series of school bus related violations of 49 U.S.C. 30112(a)(1) 

or 30112(a)(2).

49 U.S.C. 30165(a)(2)(B) ......... 22,440,526 23,167,823 


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Description Citation Existing 

penalty 

New penalty 

(existing penalty × 1.03241) 

Maximum penalty per violation for filing false or misleading reports ................................................ 49 U.S.C. 30165(a)(4) .............. 6,441 6,650 

Maximum penalty amount for a series of violations related to filing false or misleading reports ..... 49 U.S.C. 30165(a)(4) .............. 1,288,315 1,330,069 

Maximum penalty amount for each violation of the reporting requirements related to maintaining 

the National Motor Vehicle Title Information System.

49 U.S.C. 30505 ....................... 2,100 2,168 

Maximum penalty amount for each violation of a bumper standard under 49 U.S.C. 32506 .......... 49 U.S.C. 32507(a) ................... 3,446 3,558 

Maximum penalty amount for a series of violations of a bumper standard under 49 U.S.C. 32506 49 U.S.C. 32507(a) ................... 3,837,393 3,961,763 

Maximum penalty amount for each violation of 49 U.S.C. 32308(a) related to providing information on crashworthiness and damage susceptibility.49 U.S.C. 32308(b) ................... 3,446 3,558 

Maximum penalty amount for a series of violations of 49 U.S.C. 32308(a) related to providing information on crashworthiness and damage susceptibility.49 U.S.C. 32308(b) ................... 1,879,489 1, 940,403 

Maximum penalty for each violation related to the tire fuel efficiency information program ............ 49 U.S.C. 32308(c) ................... 71,317 73,628 

Maximum civil penalty for willfully failing to affix, or failing to maintain, the label required in 49 

U.S.C. 32304.

49 U.S.C. 32309 ....................... 2,100 2,168 

Maximum penalty amount per violation related to odometer tampering and disclosure .................. 49 U.S.C. 32709 ....................... 12,882 13,300 

Maximum penalty amount for a related series of violations related to odometer tampering and 

disclosure.

49 U.S.C. 32709 ....................... 1,288,315 1,330,069 

Maximum penalty amount per violation related to odometer tampering and disclosure with intent 

to defraud.

49 U.S.C. 32710 ....................... 12,882 13,300 

Maximum penalty amount for each violation of 49 U.S.C. 33114(a)(1)–(4) ..................................... 49 U.S.C. 33115(a) ................... 2,830 2,922 

Maximum penalty amount for a related series of violations of 49 U.S.C. 33114(a)(1)–(4) .............. 49 U.S.C. 33115(a) ................... 707,524 730,455 

Maximum civil penalty for violations of 49 U.S.C. 33114(a)(5) ......................................................... 49 U.S.C. 33115(b) ................... 210,161 216,972 

Maximum civil penalty for violations under 49 U.S.C. 32911(a) related to automobile fuel economy.49 U.S.C 32912(a) .................... 49,534 51,139 

Civil penalty factor for violations of fuel economy standards prescribed for a model year under 49 

U.S.C. 32902 3.

49 U.S.C. 32912(b) ................... 16 17 

Maximum civil penalty factor that may be prescribed for fuel economy standards under 49 U.S.C. 

32912(c)(1)(A).

49 U.S.C. 32912(c)(1)(B) .......... 31 32 

Maximum civil penalty for a violation under the medium- and heavy-duty vehicle fuel efficiency 

program.

49 U.S.C. 32902 ....................... 48,779 50,360 

3For model years before model year 2019, the civil penalty is $5.50; for model years 2019 through 2021, the civil penalty is $14; for model year 2022, the civil penalty is $15; for model year 2023, the civil penalty is $16; for model year 2024, the civil penalty is $17. 

D. Federal Motor Carrier Safety 

Administration (FMCSA) 2024 

Adjustments 

FMCSA’s civil penalties affected by 

this rule are all located in appendices A 

and B to 49 CFR part 386. The 2024 

adjustments to these civil penalties are 

summarized in the chart below. Note 

that the civil penalties for violations of 

Appendix A IV (h) and (j) were 

incorrectly stated in the regulatory text 

of the 2023 update as $31,536 rather 

than $28,304 (88 FR 1114, 1130; Jan. 6, 

2023), though these penalties were 

correctly stated in the preamble as 

updated from $26,269 as $28,304 (Id. at 

1117). These errors have been corrected 

in this 2024 update. In addition, the 

civil penalties for violations of 

Appendix B (i)(1) and (2) were 

incorrectly stated in the regulatory text 

of the 2023 update as $6,247 rather than 

$6,441 (Id. at 1131), though these 

penalties were correctly stated in the 

preamble as updated from $5,978 to 

$6,441 (Id. at 1119). These errors have 

also been corrected in this 2024 update. 

Description Citation Existing 

penalty 

New penalty 

(existing 

penalty × 

1.03241) 

Appendix A II Subpoena .................................................................................................................... 49 U.S.C. 525 ........................... $1,288 $1,330 

Appendix A II Subpoena .................................................................................................................... 49 U.S.C. 525 ........................... 12,882 13,300 

Appendix A IV (a) Out-of-service order (operation of commercial motor vehicle (CMV) by driver) 49 U.S.C. 521(b)(7) .................. 2,232 2,304 

Appendix A IV (b) Out-of-service order (requiring or permitting operation of CMV by driver) ......... 49 U.S.C. 521(b)(7) .................. 22,324 23,048 

Appendix A IV (c) Out-of-service order (operation by driver of CMV or intermodal equipment that 

was placed out of service).

49 U.S.C. 521(b)(7) .................. 2,232 2,304 

Appendix A IV (d) Out-of-service order (requiring or permitting operation of CMV or intermodal 

equipment that was placed out of service).

49 U.S.C. 521(b)(7) .................. 22,324 23,048 

Appendix A IV (e) Out-of-service order (failure to return written certification of correction) ............ 49 U.S.C. 521(b)(2)(B) ............. 1,116 1,152 

Appendix A IV (g) Out-of-service order (failure to cease operations as ordered) ............................ 49 U.S.C. 521(b)(2)(F) .............. 32,208 33,252 

Appendix A IV (h) Out-of-service order (operating in violation of order) .......................................... 49 U.S.C. 521(b)(7) .................. 28,304 29,221 

Appendix A IV (i) Out-of-service order (conducting operations during suspension or revocation 

for failure to pay penalties).

49 U.S.C. 521(b)(2)(A) and 

(b)(7).

18,170 18,759 

Appendix A IV (j) (conducting operations during suspension or revocation) .................................... 49 U.S.C. 521(b)(7) .................. 28,304 29,221 

Appendix B (a)(1) Recordkeeping—maximum penalty per day ........................................................ 49 U.S.C. 521(b)(2)(B)(i) .......... 1,496 1,544 

Appendix B (a)(1) Recordkeeping—maximum total penalty ............................................................. 49 U.S.C. 521(b)(2)(B)(i) .......... 14,960 15,445 

Appendix B (a)(2) Knowing falsification of records ........................................................................... 49 U.S.C. 521(b)(2)(B)(ii) ......... 14,960 15,445 

Appendix B (a)(3) Non-recordkeeping violations .............................................................................. 49 U.S.C. 521(b)(2)(A) ............. 18,170 18,759 

Appendix B (a)(4) Non-recordkeeping violations by drivers ............................................................. 49 U.S.C. 521(b)(2)(A) ............. 4,543 4,690 

Appendix B (a)(5) Violation of 49 CFR 392.5 (first conviction) ......................................................... 49 U.S.C. 31310(i)(2)(A) ........... 3,740 3,861 

Appendix B (a)(5) Violation of 49 CFR 392.5 (second or subsequent conviction) ........................... 49 U.S.C. 31310(i)(2)(A) ........... 7,481 7,723 

Appendix B (b) Commercial driver’s license (CDL) violations .......................................................... 49 U.S.C. 521(b)(2)(C) ............. 6,755 6,974 

Appendix B (b)(1): Special penalties pertaining to violation of out-of-service orders (first conviction).49 U.S.C. 31310(i)(2)(A) ........... 3,740 3,861 

Appendix B (b)(1) Special penalties pertaining to violation of out-of-service orders (second or 

subsequent conviction).

49 U.S.C. 31310(i)(2)(A) ........... 7,481 7,723 

Appendix B (b)(2) Employer violations pertaining to knowingly allowing, authorizing employee 

violations of out-of-service order (minimum penalty).

49 U.S.C. 521(b)(2)(C) ............. 6,755 6,974 

Appendix B (b)(2) Employer violations pertaining to knowingly allowing, authorizing employee 

violations of out-of-service order (maximum penalty).

49 U.S.C. 31310(i)(2)(C) .......... 37,400 38,612 


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Description Citation Existing 

penalty 

New penalty 

(existing 

penalty × 1.03241) 

Appendix B (b)(3) Special penalties pertaining to railroad-highway grade crossing violations ........ 49 U.S.C. 31310(j)(2)(B) ........... 19,389 20,017 

Appendix B (d) Financial responsibility violations ............................................................................. 49 U.S.C. 31138(d)(1), 

31139(g)(1).

19,933 20,579 

Appendix B (e)(1) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting 

Regulations (transportation or shipment of hazardous materials).

49 U.S.C. 5123(a)(1) ................ 96,624 99,756 

Appendix B (e)(2) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting 

Regulations (training)—minimum penalty.

49 U.S.C. 5123(a)(3) ................ 582 601 

Appendix B (e)(2): Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting 

Regulations (training)—maximum penalty.

49 U.S.C. 5123(a)(1) ................ 96,624 99,756 

Appendix B (e)(3) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting 

Regulations (packaging or container).

49 U.S.C. 5123(a)(1) ................ 96,624 99,756 

Appendix B (e)(4): Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting 

Regulations (compliance with FMCSRs).

49 U.S.C. 5123(a)(1) ................ 96,624 99,756 

Appendix B (e)(5) Violations of Hazardous Materials Regulations (HMRs) and Safety Permitting 

Regulations (death, serious illness, severe injury to persons; destruction of property).

49 U.S.C. 5123(a)(2) ................ 225,455 232,762 

Appendix B (f)(1) Operating after being declared unfit by assignment of a final ‘‘unsatisfactory’’ 

safety rating (generally).

49 U.S.C. 521(b)(2)(F) .............. 32,208 33,252 

Appendix B (f)(2) Operating after being declared unfit by assignment of a final ‘‘unsatisfactory’’ 

safety rating (hazardous materials)—maximum penalty.

49 U.S.C. 5123(a)(1) ................ 96,624 99,756 

Appendix B (f)(2): Operating after being declared unfit by assignment of a final ‘‘unsatisfactory’’ 

safety rating (hazardous materials)—maximum penalty if death, serious illness, severe injury to 

persons; destruction of property.

49 U.S.C. 5123(a)(2) ................ 225,455 232,762 

Appendix B (g)(1): Violations of the commercial regulations (CRs) (property carriers) ................... 49 U.S.C. 14901(a) ................... 12,882 13,300 

Appendix B (g)(2) Violations of the CRs (brokers) ........................................................................... 49 U.S.C. 14916(c) ................... 12,882 13,300 

Appendix B (g)(3) Violations of the CRs (passenger carriers) ......................................................... 49 U.S.C. 14901(a) ................... 32,208 33,252 

Appendix B (g)(4) Violations of the CRs (foreign motor carriers, foreign motor private carriers) .... 49 U.S.C. 14901(a) ................... 12,882 13,300 

Appendix B (g)(5) Violations of the operating authority requirement (foreign motor carriers, foreign motor private carriers)—maximum penalty for intentional violation.49 U.S.C. 14901 note ............... 17,717 18,291 

Appendix B (g)(5) Violations of the operating authority requirement (foreign motor carriers, foreign motor private carriers)—maximum penalty for a pattern of intentional violations.49 U.S.C. 14901 note ............... 44,294 45,730 

Appendix B (g)(6) Violations of the CRs (motor carrier or broker for transportation of hazardous 

wastes)—minimum penalty.

49 U.S.C. 14901(b) ................... 25,767 26,602 

Appendix B (g)(6) Violations of the CRs (motor carrier or broker for transportation of hazardous 

wastes)—maximum penalty.

49 U.S.C. 14901(b) ................... 51,533 53,203 

Appendix B (g)(7): Violations of the CRs (household goods (HHG) carrier or freight forwarder, or 

their receiver or trustee).

I49 U.S.C. 14901(d)(1) ............. 1,937 2,000 

Appendix B (g)(8) Violation of the CRs (weight of HHG shipment, charging for services)—minimum penalty for first violation.49 U.S.C. 14901(e) ................... 3,879 4,005 

Appendix B (g)(8) Violation of the CRs (weight of HHG shipment, charging for services)—minimum penalty for subsequent violation.49 U.S.C. 14901(e) ................... 9,695 10,009 

Appendix B (g)(10) Tariff violations ................................................................................................... 49 U.S.C. 13702, 14903 ........... 193,890 200,174 

Appendix B (g)(11) Additional tariff violations (rebates or concessions)—first violation .................. 49 U.S.C. 14904(a) ................... 387 400 

Appendix B (g)(11) Additional tariff violations (rebates or concessions)—subsequent violations .... 49 U.S.C. 14904(a) ................... 484 500 

Appendix B (g)(12): Tariff violations (freight forwarders)—maximum penalty for first violation ....... 49 U.S.C. 14904(b)(1) .............. 971 1,002 

Appendix B (g)(12): Tariff violations (freight forwarders)—maximum penalty for subsequent violations.49 U.S.C. 14904(b)(1) .............. 3,879 4,005 

Appendix B (g)(13): service from freight forwarder at less than rate in effect—maximum penalty 

for first violation.

49 U.S.C. 14904(b)(2) .............. 971 1,002 

Appendix B (g)(13): service from freight forwarder at less than rate in effect—maximum penalty 

for subsequent violation(s).

49 U.S.C. 14904(b)(2) .............. 3,879 4,005 

Appendix B (g)(14): Violations related to loading and unloading motor vehicles ............................. 49 U.S.C. 14905 ....................... 19,389 20,017 

Appendix B (g)(16): Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B (except 

13901 and 13902(c))—minimum penalty.

49 U.S.C. 14901 ....................... 1,288 1,330 

Appendix B (g)(16): Reporting and recordkeeping under 49 U.S.C. subtitle IV, part B—maximum 

penalty.

49 U.S.C. 14907 ....................... 9,695 10,009 

Appendix B (g)(17): Unauthorized disclosure of information ............................................................ 49 U.S.C. 14908 ....................... 3,879 4,005 

Appendix B (g)(18): Violation of 49 U.S.C. subtitle IV, part B, or condition of registration .............. 49 U.S.C. 14910 ....................... 971 1,002 

Appendix B (g)(21)(i): Knowingly and willfully fails to deliver or unload HHG at destination ........... 49 U.S.C. 14915 ....................... 19,389 20,017 

Appendix B (g)(22): HHG broker estimate before entering into an agreement with a motor carrier 49 U.S.C. 14901(d)(2) .............. 14,960 15,445 

Appendix B (g)(23): HHG transportation or broker services—registration requirement ................... 49 U.S.C. 14901 (d)(3) ............. 37,400 38,612 

Appendix B (h): Copying of records and access to equipment, lands, and buildings—maximum 

penalty per day.

49 U.S.C. 521(b)(2)(E) ............. 1,496 1,544 

Appendix B (h): Copying of records and access to equipment, lands, and buildings—maximum 

total penalty.

49 U.S.C. 521(b)(2)(E) ............. 14,960 15,445 

Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 

(except 31138 and 31139), 31302–31304, 31305(b), 31310(g)(1)(A), or 31502—minimum penalty for first violation.

49 U.S.C. 524 ........................... 2,577 2,661 

Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 

(except 31138 and 31139), 31302–31304, 31305(b), 31310(g)(1)(A), or 31502—maximum 

penalty for first violation.

49 U.S.C. 524 ........................... 6,441 6,650 

Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 

(except 31138 and 31139), 31302–31304, 31305(b), 31310(g)(1)(A), or 31502—minimum penalty for subsequent violation(s).

49 U.S.C. 524 ........................... 3,219 3,323 

Appendix B (i)(1): Evasion of regulations under 49 U.S.C. ch. 5, 51, subchapter III of ch. 311 

(except 31138 and 31139), 31302–31304, 31305(b), 31310(g)(1)(A), or 31502—maximum 

penalty for subsequent violation(s).

49 U.S.C. 524 ........................... 9,652 9,965 

Appendix B (i)(2): Evasion of regulations under 49 U.S.C. subtitle IV, part B—minimum penalty 

for first violation.

49 U.S.C. 14906 ....................... 2,577 2,661 

Appendix B (i)(2): Evasion of regulations under 49 U.S.C. subtitle IV, part B—minimum penalty 

for subsequent violation(s).

49 U.S.C. 14906 ....................... 6,441 6,650 


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E. Federal Railroad Administration 

(FRA) 2024 Adjustments 

FRA’s 2024 civil penalty adjustments 

are summarized in the chart below. 

Description Citation Existing 

penalty 

New penalty 

(existing penalty 

× 1.03241) 

Minimum rail safety penalty .................................................................................. 49 U.S.C. ch. 213 .............. $1,052 $1,086 

Ordinary maximum rail safety penalty .................................................................. 49 U.S.C. ch. 213 .............. 34,401 35,516 

Maximum penalty for an aggravated rail safety violation ..................................... 49 U.S.C. ch. 213 .............. 137,603 142,063 

Minimum penalty for hazardous materials training violations .............................. 49 U.S.C. 5123 .................. 582 601 

Maximum penalty for ordinary hazardous materials violations ............................ 49 U.S.C. 5123 .................. 96,624 99,756 

Maximum penalty for aggravated hazardous materials violations ....................... 49 U.S.C. 5123 .................. 225,455 232,762 

F. Pipeline and Hazardous Materials 

Safety Administration (PHMSA) 2024 

Adjustments 

PHMSA’s civil penalties affected by 

this rule for hazardous materials 

violations are located in 49 CFR 

107.329, appendix A to subpart D of 49 

CFR part 107, and § 171.1. The civil 

penalties affected by this rule for 

pipeline safety violations are located in 

§ 190.223. PHMSA’s 2024 civil penalty 

adjustments are summarized in the 

chart below. 

Description Citation Existing 

penalty 

New penalty 

(existing penalty 

× 1.03241) 

Maximum penalty for hazardous materials violation ............................................ 49 U.S.C. 5123 .................. $96,624 $99,756 

Maximum penalty for hazardous materials violation that results in death, serious illness, or severe injury to any person or substantial destruction of property.49 U.S.C. 5123 .................. 225,455 232,762 

Minimum penalty for hazardous materials training violations .............................. 49 U.S.C. 5123 .................. 582 601 

Maximum penalty for each pipeline safety violation ............................................ 49 U.S.C. 60122(a)(1) ........ 257,664 266,015 

Maximum penalty for a related series of pipeline safety violations ..................... 49 U.S.C. 60122(a)(1) ........ 2,576,627 2,660,135 

Maximum additional penalty for each liquefied natural gas pipeline facility violation.49 U.S.C. 60122(a)(2) ........ 94,128 97,179 

Maximum penalty for discrimination against employees providing pipeline safety information.49 U.S.C. 60122(a)(3) ........ 1,496 1,544 

G. Maritime Administration (MARAD) 

2024 Adjustments 

MARAD’s 2024 civil penalty 

adjustments are summarized in the 

chart below. Note that the penalty in the 

regulatory text at 46 CFR 221.61(b) for 

violations of 46 U.S.C. 56010(e) was 

stated in error as $22,750 in the 2023 

civil penalties rule update (88 FR 1114, 

1124), though it was correctly stated in 

the preamble of the that rule as $24,905, 

updated from the 2022 civil penalty of 

$23,115 (Id. at 1120). This error has 

been corrected in this 2024 update. 

Description Citation Existing 

penalty 

New penalty 

(existing penalty 

× 1.03241) 

Maximum civil penalty for a single violation of any provision under 46 U.S.C. 

Chapter 313 and all of Subtitle III related MARAD regulations, except for violations of 46 U.S.C. 31329.

46 U.S.C. 31309 ................ 24,746 25,548 

Maximum civil penalty for a single violation of 46 U.S.C. 31329 as it relates to 

the court sales of documented vessels.

46 U.S.C. 31330 ................ 61,982 63,991 

Maximum civil penalty for a single violation of 46 U.S.C. 56101 as it relates to 

approvals required to transfer a vessel to a noncitizen.

46 U.S.C. 56101(e) ............ 24,905 25,712 

Maximum civil penalty for failure to file an Automated Mutual Assistance Vessel Rescue System (AMVER) report.46 U.S.C. 50113(b) ............ 157 162 

Maximum civil penalty for violating procedures for the use and allocation of 

shipping services, port facilities and services for national security and national defense operations.

50 U.S.C. 4513 .................. 31,326 32,341 

Maximum civil penalty for violations in applying for or renewing a vessel’s fishery endorsement.46 U.S.C. 12151 ................ 181,713 187,602 

H. Great Lakes St. Lawrence Seaway 

Development Corporation (GLS) 2024 

Adjustments 

The 2024 civil penalty adjustment for 

GLS is as follows: 


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89556 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 

Description Citation Existing 

penalty 

New penalty 

(existing penalty 

×1.03241) 

Maximum civil penalty for each violation of the Seaway Rules and Regulations 

at 33 CFR part 401.

33 U.S.C. 1232 .................. $111,031 $114,630 

Regulatory Analysis and Notices 

A. Executive Order 12866 and DOT 

Regulatory Policies and Procedures 

This final rule has been evaluated in 

accordance with existing policies and 

procedures and is considered not 

significant under Executive Order 12866 

and DOT’s Regulatory Policies and 

Procedures; therefore, the rule has not 

been reviewed by the Office of 

Management and Budget (OMB) under 

Executive Order 12866. 

B. Regulatory Flexibility Analysis 

The Department has determined the 

Regulatory Flexibility Act of 1980 (RFA) 

(5 U.S.C. 601, et seq.) does not apply to 

this rulemaking. The RFA applies, in 

pertinent part, only when ‘‘an agency is 

required . . . to publish general notice 

of proposed rulemaking.’’ 5 U.S.C. 

604(a). The Small Business 

Administration’s A Guide for 

Government Agencies: How to Comply 

with the Regulatory Flexibility Act 

(2012), explains that: 

If, under the [Administrative Procedure 

Act (APA)] or any rule of general 

applicability governing federal grants to state 

and local governments, the agency is 

required to publish a general notice of 

proposed rulemaking (NPRM), the RFA must 

be considered [citing 5 U.S.C. 604(a)]. . . . If 

an NPRM is not required, the RFA does not 

apply. 

As stated above, DOT has determined 

that good cause exists to publish this 

final rule without notice and comment 

procedures under the APA. Therefore, 

the analytical requirements of the RFA 

do not apply. 

C. Executive Order 13132 (Federalism) 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13132 (‘‘Federalism’’). This regulation 

has no substantial direct effects on the 

States, the relationship between the 

National Government and the States, or 

the distribution of power and 

responsibilities among the various 

levels of government. It does not contain 

any provision that imposes substantial 

direct compliance costs on State and 

local governments. Therefore, the 

consultation and funding requirements 

of Executive Order 13132 do not apply. 

D. Executive Order 13175 

This final rule has been analyzed in 

accordance with the principles and 

criteria contained in Executive Order 

13175, Consultation and Coordination 

with Indian Tribal Governments. 

Because none of the measures in the 

rule have tribal implications or impose 

substantial direct compliance costs on 

Indian tribal governments, the funding 

and consultation requirements of 

Executive Order 13175 do not apply. 

E. Paperwork Reduction Act 

Under the Paperwork Reduction Act, 

before an agency submits a proposed 

collection of information to OMB for 

approval, it must publish a document in 

the Federal Register providing notice of 

and a 60-day comment period on, and 

otherwise consult with members of the 

public and affected agencies concerning, 

each proposed collection of information. 

This final rule imposes no new 

information reporting or record keeping 

necessitating clearance by OMB. 

F. National Environmental Policy Act 

The Department has analyzed the 

environmental impacts of this final rule 

pursuant to the National Environmental 

Policy Act of 1969 (NEPA) (42 U.S.C. 

4321, et seq.) and has determined that 

it is categorically excluded pursuant to 

DOT Order 5610.1C, Procedures for 

Considering Environmental Impacts (44 

FR 56420, Oct. 1, 1979, as amended July 

13, 1982, and July 30, 1985). Categorical 

exclusions are actions identified in an 

agency’s NEPA implementing 

procedures that do not normally have a 

significant impact on the environment 

and therefore do not require either an 

environmental assessment (EA) or 

environmental impact statement (EIS). 

See 40 CFR 1508.4. In analyzing the 

applicability of a categorical exclusion, 

the agency must also consider whether 

extraordinary circumstances are present 

that would warrant the preparation of 

an EA or EIS. Id. Paragraph 4(c)(5) of 

DOT Order 5610.1C includes the 

categorical exclusions for all DOT 

Operating Administrations. This action 

qualifies for a categorical exclusion in 

accordance with FAA Order 1050.1F, 

Environmental Impacts: Policies and 

Procedures (80 FR 44208, July 24, 2015), 

paragraph 5–6.6.f, which covers 

regulations not expected to cause any 

potentially significant environmental 

impacts. The Department does not 

anticipate any environmental impacts, 

and there are no extraordinary 

circumstances present in connection 

with this final rule. 

G. Unfunded Mandates Reform Act 

The Department analyzed the final 

rule under the factors in the Unfunded 

Mandates Reform Act of 1995. The 

Department considered whether the rule 

includes a Federal mandate that may 

result in the expenditure by State, local, 

and tribal governments, in the aggregate, 

or by the private sector, of $100,000,000 

or more (adjusted annually for inflation) 

in any one year. The Department has 

determined that this final rule will not 

result in such expenditures. 

Accordingly, no further assessment or 

analysis is required under the Unfunded 

Mandates Reform Act. 

List of Subjects 

14 CFR Part 13 

Administrative practice and 

procedure, Air transportation, 

Hazardous materials transportation, 

Investigations, Law enforcement, 

Penalties. 

14 CFR Part 383 

Administrative practice and 

procedure, Penalties. 

14 CFR Part 406 

Administrative procedure and review, 

Commercial space transportation, 

Enforcement, Investigations, Penalties, 

Rules of adjudication. 

33 CFR Part 401 

Hazardous materials transportation, 

Navigation (water), Penalties, Radio, 

Reporting and recordkeeping 

requirements, Vessels, Waterways. 

46 CFR Part 221 

Administrative practice and 

procedure, Maritime carriers, Mortgages, 

Penalties, Reporting and recordkeeping 

requirements, Trusts and trustees. 

46 CFR Part 307 

Marine safety, Maritime carriers, 

Penalties, Reporting and recordkeeping 

requirements. 

46 CFR Part 340 

Harbors, Maritime carriers, National 

defense, Packaging and containers. 


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46 CFR Part 356 

Citizenship and naturalization, 

Fishing vessels, Mortgages, Penalties, 

Reporting and recordkeeping 

requirements, Vessels. 

49 CFR Part 107 

Administrative practices and 

procedure, Hazardous materials 

transportation, Packaging and 

containers, Penalties, Reporting and 

recordkeeping requirements. 

49 CFR Part 171 

Administrative practice and 

procedure, Exports, Hazardous materials 

transportation, Hazardous waste, 

Imports, Information, Reporting and 

recordkeeping requirements. 

49 CFR Part 190 

Administrative practice and 

procedure, Penalties, Pipeline safety. 

49 CFR Part 209 

Administrative practice and 

procedure, Hazardous materials 

transportation, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements. 

49 CFR Part 213 

Bridges, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 214 

Bridges, Occupational safety and 

health, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 215 

Freight, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements. 

49 CFR Parts 216, 217, 221, 224, 229, 

230, 232, 233, and 239 

Penalties, Railroad safety, Reporting 

and recordkeeping requirements. 

49 CFR Part 218 

Occupational safety and health, 

Penalties, Railroad employees, Railroad 

safety, Reporting and recordkeeping 

requirements. 

49 CFR Part 219 

Alcohol abuse, Drug abuse, Drug 

testing, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements, Safety, Transportation. 

49 CFR Part 220 

Penalties, Radio, Railroad safety, 

Reporting and recordkeeping 

requirements. 

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

and 244 

Administrative practice and 

procedure, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 223 

Glazing standards, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements. 

49 CFR Part 225 

Investigations, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements. 

49 CFR Part 227 

Noise control, Occupational safety 

and health, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 228 

Penalties, Railroad employees, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 231 

Penalties, Railroad safety. 

49 CFR Part 234 

Highway safety, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements, State and local 

governments. 

49 CFR Part 236 

Penalties, Positive train control, 

Railroad safety, Reporting and 

recordkeeping requirements. 

49 CFR Part 237 

Bridges, Penalties, Railroad safety, 

Reporting and recordkeeping 

requirements. 

49 CFR Part 238 

Fire prevention, Passenger equipment, 

Penalties, Railroad safety, Reporting and 

recordkeeping requirements. 

49 CFR Part 241 

Communications, Penalties, Railroad 

safety, Reporting and recordkeeping 

requirements. 

49 CFR Part 272 

Penalties, Railroad employees, 

Railroad safety, Railroads, Safety, 

Transportation. 

49 CFR Part 386 

Administrative procedures, 

Commercial motor vehicle safety, 

Highways and roads, Motor carriers, 

Penalties. 

49 CFR Part 578 

Imports, Motor vehicle safety, Motor 

vehicles, Penalties, Rubber and rubber 

products, Tires. 

Accordingly, the Department of 

Transportation amends 14 CFR chapters 

I, II, and III, 33 CFR chapter IV, 46 CFR 

chapter II, and 49 CFR chapters I, II, III, 

and V as follows: 

Title 14—Aeronautics and Space 

PART 13—INVESTIGATIVE AND 

ENFORCEMENT PROCEDURES 

■ 1. The authority citation for part 13 

continues to read as follows: 

Authority: 18 U.S.C. 6002; 28 U.S.C. 2461 

(note); 49 U.S.C. 106(g), 5121–5124, 40113– 

40114, 44103–44106, 44701–44704, 44709– 

44710, 44713, 44725, 44742, 44802 (note), 

46101–46111, 46301, 46302 (for a violation of 

49 U.S.C. 46504), 46304–46316, 46318– 

46320, 46501–46502, 46504, 46507, 47106, 

47107, 47111, 47122, 47306, 47531–47532; 

49 CFR 1.83. 

■ 2. Amend § 13.301 by revising 

paragraphs (b) and (c) to read as follows: 

§ 13.301 Inflation adjustments of civil 

monetary penalties. 

* * * * * 

(b) Each adjustment to a maximum 

civil monetary penalty or to minimum 

and maximum civil monetary penalties 

that establish a civil monetary penalty 

range applies to actions initiated under 

this part for violations occurring on or 

after December 28, 2023, 

notwithstanding references to specific 

civil penalty amounts elsewhere in this 

part. 

(c) Minimum and maximum civil 

monetary penalties are as follows: 


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TABLE 1 TO § 13.301(c)—MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS

United States Code citation Civil monetary penalty description 

2023 

minimum 

penalty 

amount 

New adjusted 

minimum 

penalty 

amount 

for violations 

occurring on 

or after 

December 28, 

2023 

2023 

maximum penalty 

amount 

New adjusted maximum 

penalty amount for 

violations occurring on or 

after December 28, 2023 

49 U.S.C. 5123(a)(1) ........ Violation of hazardous materials transportation law N/A N/A $96,624 ........................... $99,756. 

49 U.S.C. 5123(a)(2) ........ Violation of hazardous materials transportation law 

resulting in death, serious illness, severe injury, 

or substantial property destruction.

N/A N/A $225,455 ......................... $232,762. 

49 U.S.C. 5123(a)(3) ........ Violation of hazardous materials transportation law 

relating to training.

$582 $601 $96,624 ........................... $99,756. 

49 U.S.C. 44704(d)(3) ...... Knowing presentation of a nonconforming aircraft 

for issuance of an initial airworthiness certificate 

by a production certificate holder.

N/A N/A $1,144,488 ...................... $1,181,581. 

49 U.S.C. 44704(e)(4) ...... Knowing failure by an applicant for or holder of a 

type certificate to submit safety critical information or include certain such information in an airplane flight manual or flight crew operating manual.

N/A N/A $1,144,488 ...................... $1,181,581. 

49 U.S.C. 44704(e)(5) ...... Knowing false statement by an airline transport 

pilot (ATP) certificate holder with respect to the 

submission of certain safety critical information.

N/A N/A See entries for 49 U.S.C. 

46301(a)(1) and (a)(5).

See entries for 49 U.S.C. 

46301(a)(1) and (a)(5). 

49 U.S.C. 44742 ............... Interference by a supervisory employee of an organization designation authorization (ODA) holder that manufactures a transport category airplane with an ODA unit member’s performance 

of authorized functions.

N/A N/A See entries for 49 U.S.C. 

46301(a)(1).

See entries for 49 U.S.C. 

46301(a)(1). 

49 U.S.C. 44802 note ....... Operation of an unmanned aircraft or unmanned 

aircraft system equipped or armed with a dangerous weapon.

N/A N/A $29,462 ........................... $30,417. 

49 U.S.C. 46301(a)(1) ...... Violation by a person other than an individual or 

small business concern under 49 U.S.C. 

46301(a)(1)(A) or (B).

N/A N/A $40,272 ........................... $41,577. 

49 U.S.C. 46301(a)(1) ...... Violation by an airman serving as an airman under 

49 U.S.C. 46301(a)(1)(A) or (B) (but not covered 

by 46301(a)(5)(A) or (B)).

N/A N/A $1,771 ............................. $1,828. 

49 U.S.C. 46301(a)(1) ...... Violation by an individual or small business concern under 49 U.S.C. 46301(a)(1)(A) or (B) (but 

not covered in 49 U.S.C. 46301(a)(5)).

N/A N/A $1,771 ............................. $1,828. 

49 U.S.C. 46301(a)(3) ...... Violation of 49 U.S.C. 47107(b) (or any assurance 

made under such section) or 49 U.S.C. 47133.

N/A N/A Increase above otherwise 

applicable maximum 

amount not to exceed 

3 times the amount of 

revenues used in violation of such section.

No change. 

49 U.S.C. 46301(a)(5)(A) Violation by an individual or small business concern (except an airman serving as an airman) 

under 49 U.S.C. 46301(a)(5)(A)(i) or (ii).

N/A N/A $16,108 ........................... $16,630. 

49 U.S.C. 

46301(a)(5)(B)(i).

Violation by an individual or small business concern related to the transportation of hazardous 

materials.

N/A N/A $16,108 ........................... $16,630. 

49 U.S.C. 

46301(a)(5)(B)(ii).

Violation by an individual or small business concern related to the registration or recordation 

under 49 U.S.C. chapter 441, of an aircraft not 

used to provide air transportation.

N/A N/A $16,108 ........................... $16,630. 

49 U.S.C. 

46301(a)(5)(B)(iii).

Violation by an individual or small business concern of 49 U.S.C. 44718(d), relating to limitation 

on construction or establishment of landfills.

N/A N/A $16,108 ........................... $16,630. 

49 U.S.C. 

46301(a)(5)(B)(iv).

Violation by an individual or small business concern of 49 U.S.C. 44725, relating to the safe disposal of life-limited aircraft parts.N/A N/A $16,108 ........................... $16,630. 

49 U.S.C. 46301 note ....... Individual who aims the beam of a laser pointer at 

an aircraft in the airspace jurisdiction of the 

United States, or at the flight path of such an 

aircraft.

N/A N/A $30,820 ........................... $31,819. 

49 U.S.C. 46301(b) ........... Tampering with a smoke alarm device ................... N/A N/A $5,171 ............................. $5,339. 

49 U.S.C. 46302 ............... Knowingly providing false information about alleged violation involving the special aircraft jurisdiction of the United States.N/A N/A $28,085 ........................... $28,995. 

49 U.S.C. 46318 ............... Physical or sexual assault or threat to physically or 

sexually assault crewmember or other individual 

on an aircraft, or action that poses an imminent 

threat to the safety of the aircraft or individuals 

on board.

N/A N/A $42,287 ........................... $43,658. 

49 U.S.C. 46319 ............... Permanent closure of an airport without providing 

sufficient notice.

N/A N/A $16,108 ........................... $16,630. 


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TABLE 1 TO § 13.301(c)—MINIMUM AND MAXIMUM CIVIL MONETARY PENALTY AMOUNTS FOR CERTAIN VIOLATIONS— 

Continued 

United States Code citation Civil monetary penalty description 

2023 

minimum 

penalty 

amount 

New adjusted 

minimum 

penalty 

amount 

for violations 

occurring on 

or after 

December 28, 

2023 

2023 

maximum penalty 

amount 

New adjusted maximum 

penalty amount for 

violations occurring on or 

after December 28, 2023 

49 U.S.C. 46320 ............... Operating an unmanned aircra ft and in so doing 

knowingly or recklessly interfering with a wildfire 

suppression, law enforcement, or emergency response effort.

N/A N/A $24,656 ........................... $25,455. 

49 U.S.C. 47531 ............... Violation of 49 U.S.C. 47528–47530 or 47534, relating to the prohibition of operating certain aircraft not complying with stage 3 noise levels.N/A N/A See entries for 49 U.S.C. 

46301(a)(1) and (a)(5).

See entries for 49 U.S.C. 

46301(a)(1) and (a)(5). 

PART 383—CIVIL PENALTIES 

■ 3. The authority citation for part 383 

continues to read as follows: 

Authority: Sec. 701, Pub. L. 114–74, 129 

Stat. 584; Sec. 503, Pub. L. 108–176, 117 Stat. 

2490; Pub. L. 101–410, 104 Stat. 890; Sec. 

31001, Pub. L. 104–134. 

■ 4. Section 383.2 is revised to read as 

follows: 

§ 383.2 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 $41,577 (or $1,828 for individuals 

or small businesses) applies to 

violations of statutory provisions and 

rules or orders issued under those 

provisions, other than those listed in 

paragraph (b) of this section (see 49 

U.S.C. 46301(a)(1)); and 

(b) With respect to small businesses 

and individuals, notwithstanding the 

general civil penalty specified in 

paragraph (a) of this section, the 

following civil penalty limits apply: 

(1) A maximum civil penalty of 

$16,630 applies for violations of most 

provisions of Chapter 401, including the 

anti-discrimination provisions of 

sections 40127 (general provision), and 

41705 (discrimination against the 

disabled) and rules and orders issued 

pursuant to those provisions (see 49 

U.S.C. 46301(a)(5)(A)); 

(2) A maximum civil penalty of 

$8,315 applies for violations of section 

41719 and rules and orders issued 

pursuant to that provision (see 49 U.S.C. 

46301(a)(5)(C)); and 

(3) A maximum civil penalty of 

$4,159 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 

■ 5. The authority citation for part 406 

continues to read as follows: 

Authority: 51 U.S.C. 50901–50923. 

■ 6. Amend § 406.9 by revising 

paragraph (a) to read as follows: 

§ 406.9 Civil penalties. 

(a) Civil penalty liability. Under 51 

U.S.C. 50917(c), a person found by the 

Federal Aviation Administration (FAA) 

to have violated a requirement of the 

Act, a regulation issued under the Act, 

or any term or condition of a license or 

permit issued or transferred under the 

Act, is liable to the United States for a 

civil penalty of not more than $292,181 

for each violation. A separate violation 

occurs for each day the violation 

continues. 

* * * * * 

Title 33—Navigation and Navigable Waters 

PART 401—SEAWAY REGULATIONS 

AND RULES 

Subpart B—Penalties—Violations of 

Seaway Regulations 

■ 7. The authority citation for subpart B 

of part 401 continues to read as follows: 

Authority: 33 U.S.C. 981–990; 46 U.S.C. 

70001–70004, 70011, and 70032; 49 CFR 

1.101, unless otherwise noted. 

■ 8. Amend § 401.102 by revising 

paragraph (a) to read as follows: 

§ 401.102 Civil penalty. 

(a) A person, as described in 

§ 401.101(b) who violates a regulation in 

this chapter is liable to a civil penalty 

of not more than $114,630. 

* * * * * 

Title 46—Shipping 

PART 221—REGULATED 

TRANSACTIONS INVOLVING 

DOCUMENTED VESSELS AND OTHER 

MARITIME INTERESTS 

■ 9. The authority citation for part 221 

continues to read as follows: 

Authority: 46 U.S.C. chs. 301, 313, and 

561; Pub. L. 114–74; 49 CFR 1.93. 

■ 10. Amend § 221.61 by revising 

paragraph (b) to read as follows: 

§ 221.61 Compliance. 

* * * * * 

(b) Pursuant to 46 U.S.C. 31309, a 

general penalty of not more than 

$25,548 may be assessed for each 

violation of chapter 313 or 46 U.S.C. 

subtitle III administered by the Maritime 

Administration, and pursuant to the 

regulations in this part a person 

violating 46 U.S.C. 31329 is liable for a 

civil penalty of not more than $63,991 

for each violation. A person who 

charters, sells, transfers, or mortgages a 

vessel, or an interest therein, in 

violation of 46 U.S.C. 56101(e) is liable 

for a civil penalty of not more than 

$25,712 for each violation. 

PART 307—ESTABLISHMENT OF 

MANDATORY POSITION REPORTING 

SYSTEM FOR VESSELS 

■ 11. The authority citation for part 307 

continues to read as follows: 

Authority: Pub. L. 109–304; 46 U.S.C. 

50113; Pub. L. 114–74; 49 CFR 1.93. 

■ 12. Section 307.19 is revised to read 

as follows: 

§ 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 

$162 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 


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libeled in the district court of the United 

States in which the vessel may be 

found. 

PART 340—PRIORITY USE AND 

ALLOCATION OF SHIPPING 

SERVICES, CONTAINERS AND 

CHASSIS, AND PORT FACILITIES AND 

SERVICES FOR NATIONAL SECURITY 

AND NATIONAL DEFENSE RELATED 

OPERATIONS 

■ 13. The authority citation for part 340 

continues to read as follows: 

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). 

■ 14. Section 340.9 is revised to read as 

follows: 

§ 340.9 Compliance. 

Pursuant to 50 U.S.C. 4513, any 

person who willfully performs any act 

prohibited, or willfully fails to perform 

any act required, by the provisions of 

this part shall, upon conviction, be 

fined not more than $32,341 or 

imprisoned for not more than one year, 

or both. 

PART 356—REQUIREMENTS FOR 

VESSELS OF 100 FEET OR GREATER 

IN REGISTERED LENGTH TO OBTAIN 

A FISHERY ENDORSEMENT TO THE 

VESSEL’S DOCUMENTATION 

■ 15. The authority citation for part 356 

continues to read as follows: 

Authority: 46 U.S.C. 12102; 46 U.S.C. 

12151; 46 U.S.C. 31322; Pub. L. 105–277, 

division C, title II, subtitle I, section 203 (46 

U.S.C. 12102 note), section 210(e), and 

section 213(g), 112 Stat. 2681; Pub. L. 107– 

20, section 2202, 115 Stat. 168–170; Pub. L. 

114–74; 49 CFR 1.93. 

■ 16. Amend § 356.49 by revising 

paragraph (b) to read as follows: 

§ 356.49 Penalties. 

* * * * * 

(b) A fine of up to $187,602 may be 

assessed against the vessel owner for 

each day in which such vessel has 

engaged in fishing (as such term is 

defined in section 3 of the MagnusonStevens Fishery Conservation and 

Management Act (16 U.S.C. 1802)) 

within the exclusive economic zone of 

the United States; and 

* * * * * 

Title 49—Transportation 

PART 107—HAZARDOUS MATERIALS 

PROGRAM PROCEDURES 

■ 17. The authority citation for part 107 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 

Pub. L. 101–410 Section 4; Pub. L. 104–121 

Sections 212–213; Pub. L. 104–134 Section 

31001; Pub. L. 114–74 Section 4 (28 U.S.C. 

note); 49 CFR 1.81 and 1.97; 33 U.S.C. 1321. 

■ 18. Revise § 107.329 to read as 

follows: 

§ 107.329 Maximum penalties. 

(a) A person who knowingly violates 

a requirement of the Federal hazardous 

material transportation law, an order 

issued thereunder, this subchapter, 

subchapter C of this chapter, or a special 

permit or approval issued under this 

subchapter applicable to the 

transportation of hazardous materials or 

the causing of them to be transported or 

shipped is liable for a civil penalty of 

not more than $99,756 for each 

violation, except the maximum civil 

penalty is $232,762 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 

$601 for violations relating to training. 

When the violation is a continuing one, 

each day of the violation constitutes a 

separate offense. 

(b) A person who knowingly violates 

a requirement of the Federal hazardous 

material transportation law, an order 

issued thereunder, this subchapter, 

subchapter C of this chapter, or a special 

permit or approval issued under this 

subchapter applicable to the design, 

manufacture, fabrication, inspection, 

marking, maintenance, reconditioning, 

repair or testing of a package, container, 

or packaging component which is 

represented, marked, certified, or sold 

by that person as qualified for use in the 

transportation of hazardous materials in 

commerce is liable for a civil penalty of 

not more than $99,756 for each 

violation, except the maximum civil 

penalty is $232,762 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 

$601 for violations relating to training. 

Appendix A to Subpart D of Part 107 

[Amended] 

■ 19. Amend appendix A to subpart D 

of part 107, under section B, Penalty 

Increases for Multiple Counts, in the 

second paragraph, by removing 

‘‘$96,624 or $225,455’’ and ‘‘January 6, 

2023’’ and adding in their places 

‘‘$99,756 or $232,762’’ and ‘‘December 

28, 2023,’’ respectively. 

PART 171—GENERAL INFORMATION, 

REGULATIONS, AND DEFINITIONS 

■ 20. The authority citation for part 171 

continues to read as follows: 

Authority: 49 U.S.C. 5101–5128, 44701; 

Pub. L. 101–410 section 4; Pub. L. 104–134, 

section 31001; Pub. L. 114–74 section 4 (28 

U.S.C. 2461 note); 49 CFR 1.81 and 1.97. 

■ 21. Amend § 171.1 by revising 

paragraph (g) to read as follows: 

§ 171.1 Applicability of Hazardous 

Materials Regulations (HMR) to persons and 

functions. 

* * * * * 

(g) Penalties for noncompliance. Each 

person who knowingly violates a 

requirement of the Federal hazardous 

material transportation law, an order 

issued under Federal hazardous 

material transportation law, subchapter 

A of this chapter, or a special permit or 

approval issued under subchapter A or 

C of this chapter is liable for a civil 

penalty of not more than $99,756 for 

each violation, except the maximum 

civil penalty is $232,762 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 

$601 for a violation relating to training. 

PART 190—PIPELINE SAFETY 

ENFORCEMENT AND REGULATORY 

PROCEDURES 

■ 22. The authority citation for part 190 

continues to read as follows: 

Authority: 33 U.S.C. 1321(b); 49 U.S.C. 

60101 et seq. 

■ 23. Amend § 190.223 by revising 

paragraphs (a), (c), and (d) to read as 

follows: 

§ 190.223 Maximum penalties. 

(a) Any person found to have violated 

a provision of 49 U.S.C. 60101, et seq., 

or any regulation in 49 CFR parts 190 

through 199, or order issued pursuant to 

49 U.S.C. 60101, et seq. or 49 CFR part 

190, is subject to an administrative civil 

penalty not to exceed $266,015 for each 

violation for each day the violation 

continues, with a maximum 

administrative civil penalty not to 

exceed $2,660,135 for any related series 

of violations. 

* * * * * 

(c) Any person found to have violated 

any standard or order under 49 U.S.C. 

60103 is subject to an administrative 

civil penalty not to exceed $97,179, 

which may be in addition to other 

penalties to which such person may be 

subject under paragraph (a) of this 

section. 


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(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 $1,544, which may be in 

addition to other penalties to which 

such person may be subject under 

paragraph (a) of this section. 

* * * * * 

PART 209—RAILROAD SAFETY 

ENFORCEMENT PROCEDURES 

■ 24. The authority citation for part 209 

continues to read as follows: 

Authority: 49 U.S.C. 5123, 5124, 20103, 

20107, 20111, 20112, 20114; 28 U.S.C. 2461 

note; and 49 CFR 1.89. 

■ 25. Amend § 209.103 by revising 

paragraphs (a) and (c) to read as follows: 

§ 209.103 Minimum and maximum 

penalties. 

(a) A person who knowingly violates 

a requirement of the Federal hazardous 

materials transportation laws, an order 

issued thereunder, 49 CFR subchapter A 

or C of chapter I, subtitle B, or a special 

permit or approval issued under 

subchapter A or C of chapter I, subtitle 

B, of this title is liable for a civil penalty 

of not more than $99,756 for each 

violation, except that— 

(1) The maximum civil penalty for a 

violation is $232,762 if the violation 

results in death, serious illness, or 

severe injury to any person, or 

substantial destruction of property; and 

(2) A minimum $601 civil penalty 

applies to a violation related to training. 

* * * * * 

(c) The maximum and minimum civil 

penalties described in paragraph (a) of 

this section apply to violations 

occurring on or after December 28, 2023. 

■ 26. Amend § 209.105 by revising the 

last sentence of paragraph (c) to read as 

follows: 

§ 209.105 Notice of probable violation. 

* * * * * 

(c) * * * In an amended notice, FRA 

may change the civil penalty amount 

proposed to be assessed up to and 

including the maximum penalty amount 

of $99,756 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 $232,762. 

§ 209.409 [Amended] 

■ 27. Amend § 209.409 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

■ 28. Amend appendix A to part 209 in 

the section ‘‘Penalty Schedules; 

Assessment of Maximum Penalties’’ as 

follows: 

■ a. Add a sentence at the end of the 

sixth paragraph; 

■ b. Revise the fourth sentence in the 

seventh paragraph; and 

■ c. Revise the first sentence of the tenth 

paragraph. 

The addition and revisions read as 

follows: 

Appendix A to Part 209—Statement of 

Agency Policy Concerning Enforcement 

of the Federal Railroad Safety Laws 

* * * * * 

Penalty Schedules; Assessment of Maximum 

Penalties 

* * * * * 

* * * Effective December 28, 2023, the 

minimum civil monetary penalty was raised 

from $1,052 to $1,086, the ordinary 

maximum civil monetary penalty was raised 

from $34,401 to $35,516, and the aggravated 

maximum civil monetary penalty was raised 

from $137,603 to $142,063. 

* * * For each regulation in this part or 

order, the schedule shows two amounts 

within the $1,086 to $35,516 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 $142,063 per 

violation where a pattern of repeated 

violations or a grossly negligent violation has 

created an imminent hazard of death or 

injury or has caused death or injury. * * * 

* * * * * 

Appendix B to Part 209 [Amended] 

■ 29. Amend appendix B to part 209 as 

follows: 

■ a. Remove the dollar amount 

‘‘$96,624’’ everywhere it appears and 

add in its place ‘‘$99,756’’; 

■ b. Remove the dollar amount 

‘‘$225,455’’ everywhere it appears and 

add in its place ‘‘$232,762’’; and 

■ c. Remove the dollar amount ‘‘$582’’ 

and add in its place ‘‘$601’’ in the first 

paragraph. 

PART 213—TRACK SAFETY 

STANDARDS 

■ 30. The authority citation for part 213 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20114 and 

20142; 28 U.S.C. 2461 note; and 49 CFR 1.89. 

§ 213.15 [Amended] 

■ 31. Amend § 213.15 in paragraph (a) 

as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 214—RAILROAD WORKPLACE 

SAFETY 

■ 32. The authority citation for part 214 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20103, 20107, 

21301–21302, 31304; 28 U.S.C. 2461 note; 

and 49 CFR 1.89. 

§ 214.5 [Amended] 

■ 33. Amend § 214.5 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 215—RAILROAD FREIGHT CAR 

SAFETY STANDARDS 

■ 34. The authority citation for part 215 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107; 28 

U.S.C. 2461 note; and 49 CFR 1.89. 

§ 215.7 [Amended] 

■ 35. Amend § 215.7 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 216—SPECIAL NOTICE AND 

EMERGENCY ORDER PROCEDURES: 

RAILROAD TRACK, LOCOMOTIVE 

AND EQUIPMENT 

■ 36. The authority citation for part 216 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20104, 20107, 

20111, 20133, 20701–20702, 21301–21302, 

21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. 

§ 216.7 [Amended] 

■ 37. Amend § 216.7 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 


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■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 217—RAILROAD OPERATING 

RULES 

■ 37. The authority citation for part 217 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107; 28 

U.S.C. 2461 note; and 49 CFR 1.89. 

§ 217.5 [Amended] 

■ 38. Amend § 217.5 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 218—RAILROAD OPERATING 

PRACTICES 

■ 39. The authority citation for part 218 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20131, 

20138, 20144, 20168; 28 U.S.C. 2461 note; 

and 49 CFR 1.89. 

§ 218.9 [Amended] 

■ 40. Amend § 218.9 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 219—CONTROL OF ALCOHOL 

AND DRUG USE 

■ 41. The authority citation for part 219 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20140, 

21301, 21304, 21311; 28 U.S.C. 2461 note; 

Div. A, Sec. 412, Pub. L. 110–432, 122 Stat. 

4889 (49 U.S.C. 20140 note); Sec. 8102, Pub. 

L. 115–271, 132 Stat. 3894; and 49 CFR 1.89. 

§ 219.10 [Amended] 

■ 42. Amend § 219.10 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 220—RAILROAD 

COMMUNICATIONS 

■ 43. The authority citation for part 220 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20103, 20103, 

note, 20107, 21301–21302, 20701–20703, 

21304, 21311; 28 U.S.C. 2461 note; and 49 

CFR 1.89. 

§ 220.7 [Amended] 

■ 44. Amend § 220.7 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 221—REAR END MARKING 

DEVICE—PASSENGER, COMMUTER 

AND FREIGHT TRAINS 

■ 45. The authority citation for part 221 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107; 28 

U.S.C. 2461 note; and 49 CFR 1.89. 

§ 221.7 [Amended] 

■ 46. Amend § 221.7 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 222—USE OF LOCOMOTIVE 

HORNS AT PUBLIC HIGHWAY-RAIL 

GRADE CROSSINGS 

■ 47. The authority citation for part 222 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20153, 

21301, 21304; 28 U.S.C. 2461 note; and 49 

CFR 1.89. 

§ 222.11 [Amended] 

■ 48. Amend § 222.11 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 223—SAFETY GLAZING 

STANDARDS—LOCOMOTIVES, 

PASSENGER CARS AND CABOOSES 

■ 49. The authority citation for part 223 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20103, 20133, 

20701–20702, 21301–21302, 21304; 28 U.S.C. 

2461 note; and 49 CFR 1.89. 

§ 223.7 [Amended] 

■ 50. Amend § 223.7 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 224—REFLECTORIZATION OF 

RAIL FREIGHT ROLLING STOCK 

■ 51. The authority citation for part 224 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20148 

and 21301; 28 U.S.C. 2461 note; and 49 CFR 

1.89. 

§ 224.11 [Amended] 

■ 52. Amend § 224.11 in paragraph (a) 

as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 225—RAILROAD ACCIDENTS/ 

INCIDENTS: REPORTS 

CLASSIFICATION, AND 

INVESTIGATIONS 

■ 53. The authority citation for part 225 

is continues to read as follows: 

Authority: 49 U.S.C. 103, 322(a), 20103, 

20107, 20901–20902, 21301, 21302, 21311; 

28 U.S.C. 2461 note; and 49 CFR 1.89. 

§ 225.29 [Amended] 

■ 54. Amend § 225.29 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 227—OCCUPATIONAL NOISE 

EXPOSURE 

■ 55. The authority citation for part 227 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20103, note, 

20701–20702; 28 U.S.C. 2461 note; and 49 

CFR 1.89. 

§ 227.9 [Amended] 

■ 56. Amend § 227.9 in paragraph (a) as 

follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 


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■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 228—PASSENGER TRAIN 

EMPLOYEE HOURS OF SERVICE; 

RECORDKEEPING AND REPORTING; 

SLEEPING QUARTERS 

■ 57. The authority citation for part 228 

continues to read as follows: 

Authority: 49 U.S.C. 103, 20103, 20107, 

21101–21109; 49 U.S.C. 21301, 21303, 21304, 

21311; 28 U.S.C. 2461 note; and 49 CFR 1.89. 

§ 228.6 [Amended] 

■ 58. Amend § 228.6 in paragraph (a) as 

follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

■ 59. Amend appendix A to part 228, 

under the heading ‘‘General 

Provisions,’’ in the ‘‘Penalty’’ paragraph 

by adding a sentence at the end of the 

first paragraph to read as follows: 

Appendix A to Part 228—Requirements 

of the Hours of Service Act: Statement 

of Agency Policy and Interpretation 

* * * * * 

General Provisions 

* * * * * 

Penalty. * * * Effective December 28, 

2023, the minimum civil monetary 

penalty was raised from $1,052 to 

$1,086, the ordinary maximum civil 

monetary penalty was raised from 

$34,401 to $35,516, and the aggravated 

maximum civil monetary penalty was 

raised from $137,603 to $142,063. 

* * * * * 

PART 229—RAILROAD LOCOMOTIVE 

SAFETY STANDARDS 

■ 60. The authority citation for part 229 

continues to read as follows: 

Authority: 49 U.S.C. 103, 322(a), 20103, 

20107, 20901–02, 21301, 21302, 21311; 28 

U.S.C. 2461 note; and 49 CFR 1.89. 

§ 229.7 [Amended] 

■ 61. Amend § 229.7 in paragraph (b) as 

follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 230—STEAM LOCOMOTIVE 

INSPECTION AND MAINTENANCE 

STANDARDS 

■ 62. The authority citation for part 230 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20702; 

28 U.S.C. 2461 note; and 49 CFR 1.89. 

§ 230.4 [Amended] 

■ 63. Amend § 230.4 in paragraph (a) as 

follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 231—RAILROAD SAFETY 

APPLIANCE STANDARDS 

■ 64. The authority citation for part 231 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20103, 20107, 

20131, 20301–20303, 21301–21302, 21304; 

28 U.S.C. 2461 note; and 49 CFR 1.89. 

§ 231.0 [Amended] 

■ 65. Amend § 231.0 in paragraph (f) as 

follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 233—SIGNAL SYSTEMS 

REPORTING REQUIREMENTS 

■ 66. The authority citation for part 233 

continues to read as follows: 

Authority: 49 U.S.C. 504, 522, 20103, 

20107, 20501–20505, 21301, 21302, 21311; 

28 U.S.C. 2461 note; and 49 CFR 1.89. 

§ 233.11 [Amended] 

■ 67. Amend § 233.11 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 234—GRADE CROSSING 

SAFETY 

■ 68. The authority citation for part 234 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20152, 

20160, 21301, 21304, 21311, 22907 note; 28 

U.S.C. 2461 note; and 49 CFR 1.89. 

§ 234.6 [Amended] 

■ 69. Amend § 234.6 in paragraph (a) as 

follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

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 

■ 70. The authority citation for part 235 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107; 28 

U.S.C. 2461 note; and 49 CFR 1.89. 

§ 235.9 [Amended] 

■ 71. Amend § 235.9 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 236—RULES, STANDARDS, AND 

INSTRUCTIONS GOVERNING THE 

INSTALLATION, INSPECTION, 

MAINTENANCE, AND REPAIR OF 

SIGNAL AND TRAIN CONTROL 

SYSTEMS, DEVICES, AND 

APPLIANCES 

■ 72. The authority citation for part 236 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20103, 20107, 

20133, 20141, 20157, 20301–20303, 20306, 

20501–20505, 20701–20703, 21301–21302, 

21304; 28 U.S.C. 2461 note; and 49 CFR 1.89. 

§ 236.0 [Amended] 

■ 73. Amend § 236.0 in paragraph (f) as 

follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 237—BRIDGE SAFETY 

STANDARDS 

■ 74. The authority citation for part 237 

continues to read as follows: 


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89564 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 

Authority: 49 U.S.C. 20102–20114; 28 

U.S.C. 2461 note; Div. A, Sec. 417, Pub. L. 

110–432, 122 Stat. 4848; and 49 CFR 1.89. 

§ 237.7 [Amended] 

■ 75. Amend § 237.7 in paragraph (a) as 

follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 238—PASSENGER EQUIPMENT 

SAFETY STANDARDS 

■ 76. The authority citation for part 238 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20133, 

20141, 20302–20303, 20306, 20701–20702, 

21301–21302, 21304; 28 U.S.C. 2461 note; 

and 49 CFR 1.89. 

§ 238.11 [Amended] 

■ 77. Amend § 238.11 in paragraph (a) 

as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 239—PASSENGER TRAIN 

EMERGENCY PREPAREDNESS 

■ 78. The authority citation for part 239 

continues to read as follows: 

Authority: 49 U.S.C. 20102–20103, 20105– 

20114, 20133, 21301, 21304, and 21311; 28 

U.S.C. 2461 note; and 49 CFR 1.89. 

§ 239.11 [Amended] 

■ 79. Amend § 239.11 as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 240—QUALIFICATION AND 

CERTIFICATION OF LOCOMOTIVE 

ENGINEERS 

■ 80. The authority citation for part 240 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20135, 

21301, 21304, 21311; 28 U.S.C. 2461 note; 

and 49 CFR 1.89. 

§ 240.11 [Amended] 

■ 81. Amend § 240.11 in paragraph (a) 

as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063. 

PART 241—UNITED STATES 

LOCATIONAL REQUIREMENT FOR 

DISPATCHING OF UNITED STATES 

RAIL OPERATIONS 

■ 82. The authority citation for part 241 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 21301, 

21304, 21311; 28 U.S.C. 2461 note; 49 CFR 

1.89. 

§ 241.15 [Amended] 

■ 83. Amend § 241.15 in paragraph (a) 

as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 242—QUALIFICATION AND 

CERTIFICATION OF CONDUCTORS 

■ 84. The authority citation for part 242 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20135, 

20138, 20162, 20163, 21301, 21304, 21311; 

28 U.S.C. 2461 note; and 49 CFR 1.89. 

§ 242.11 [Amended] 

■ 85. Amend § 242.11 in paragraph (a) 

as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 243—TRAINING, 

QUALIFICATION, AND OVERSIGHT 

FOR SAFETY-RELATED RAILROAD 

EMPLOYEES 

■ 86. The authority citation for part 243 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20131– 

20155, 20162, 20301–20306, 20701–20702, 

21301–21304, 21311; 28 U.S.C. 2461 note; 

and 49 CFR 1.89. 

§ 243.7 [Amended] 

■ 87. Amend § 243.7 in paragraph (a) as 

follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 244—REGULATIONS ON 

SAFETY INTEGRATION PLANS 

GOVERNING RAILROAD 

CONSOLIDATIONS, MERGERS, AND 

ACQUISITIONS OF CONTROL 

■ 88. The authority citation for part 244 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 21301; 

5 U.S.C. 553 and 559; 28 U.S.C. 2461 note; 

and 49 CFR 1.89. 

§ 244.5 [Amended] 

■ 89. Amend § 244.5 in paragraph (a) as 

follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 272—CRITICAL INCIDENT 

STRESS PLANS 

■ 90. The authority citation for part 272 

continues to read as follows: 

Authority: 49 U.S.C. 20103, 20107, 20109 

note; 28 U.S.C. 2461 note; and 4 CFR 1.89. 

§ 272.11 [Amended] 

■ 91. Amend § 272.11 in paragraph (a) 

as follows: 

■ a. Remove the dollar amount ‘‘$1,052’’ 

and add in its place ‘‘$1,086’’; 

■ b. Remove the dollar amount 

‘‘$34,401’’ and add in its place 

‘‘$35,516’’; and 

■ c. Remove the dollar amount 

‘‘$137,603’’ and add in its place 

‘‘$142,063’’. 

PART 386—RULES OF PRACTICE FOR 

FMCSA PROCEEDINGS 

■ 92. The authority citation for part 386 

continues to read as follows: 

Authority: 28 U.S.C. 2461 note; 49 U.S.C. 

113, 1301 note, 31306a; 49 U.S.C. chapters 5, 

51, 131–141, 145–149, 311, 313, and 315; and 

49 CFR 1.81, 1.87. 

■ 93. Amend appendix A to part 386 by 

revising section II and section IV.a. 

through e. and g. through j. to read as 

follows: 

Appendix A to Part 386—Penalty 

Schedule: Violations of Notices and 

Orders 

* * * * * 


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II. Subpoena 

Violation—Failure to respond to Agency 

subpoena to appear and testify or produce 

records. 

Penalty—minimum of $1,330 but not more 

than $13,300 per violation. 

* * * * * 

IV. Out-of-Service Order 

j. Violation—Operation of a commercial 

vehicle by a driver during the period the 

driver was placed out of service. 

Penalty—Up to $2,304 per violation. 

(For purposes of this violation, the term 

‘‘driver’’ means an operator of a commercial 

motor vehicle, including an independent 

contractor who, while in the course of 

operating a commercial motor vehicle, is 

employed or used by another person.) 

b. Violation—Requiring or permitting a 

driver to operate a commercial vehicle during 

the period the driver was placed out of 

service. 

Penalty—Up to $23,048 per violation. 

(This violation applies to motor carriers 

including an independent contractor who is 

not a ‘‘driver,’’ as defined under paragraph 

IV(a) above.) 

c. Violation—Operation of a commercial 

motor vehicle or intermodal equipment by a 

driver after the vehicle or intermodal 

equipment was placed out-of-service and 

before the required repairs are made. 

Penalty—$2,304 each time the vehicle or 

intermodal equipment is so operated. (This 

violation applies to drivers as defined in 

IV(a) above.) 

d. Violation—Requiring or permitting the 

operation of a commercial motor vehicle or 

intermodal equipment placed out-of-service 

before the required repairs are made. 

Penalty—Up to $23,048 each time the 

vehicle or intermodal equipment is so 

operated after notice of the defect is received. 

(This violation applies to intermodal 

equipment providers and motor carriers, 

including an independent owner operator 

who is not a ‘‘driver,’’ as defined in IV(a) 

above.) 

e. Violation—Failure to return written 

certification of correction as required by the 

out- of-service order. 

Penalty—Up to $1,152 per violation. 

* * * * * 

g. Violation—Operating in violation of an 

order issued under § 386.72(b) to cease all or 

part of the employer’s commercial motor 

vehicle operations or to cease part of an 

intermodal equipment provider’s operations, 

i.e., failure to cease operations as ordered. 

Penalty—Up to $33,252 per day the 

operation continues after the effective date 

and time of the order to cease. 

h. Violation—Operating in violation of an 

order issued under § 386.73. 

Penalty—Up to $29,221 per day the 

operation continues after the effective date 

and time of the out-of-service order. 

j. Violation—Conducting operations during 

a period of suspension under § 386.83 or 

§ 386.84 for failure to pay penalties. 

Penalty—Up to $18,758 for each day that 

operations are conducted during the 

suspension or revocation period. 

j. Violation—Conducting operations during 

a period of suspension or revocation under 

§ 385.911, § 385.913, § 385.1009, or 

§ 385.1011 of this subchapter. 

Penalty—Up to $29,221 for each day that 

operations are conducted during the 

suspension or revocation period. 

■ 94. Amend appendix B to part 386 by 

revising paragraphs (a)(1) through (5), 

(b), (d) through (f), (g)(1) through (8), 

(10) through (14), and (16) through (18), 

(g)(21)(i), (g)(22) and (23), (h), and (i) to 

read as follows: 

Appendix B to Part 386—Penalty 

Schedule: Violations and Monetary 

Penalties 

* * * * * 

What are the types of violations and 

maximum monetary penalties? 

(a) * * * 

(1) Recordkeeping. A person or entity that 

fails to prepare or maintain a record required 

by part 40 of this title and parts 382, subpart 

A, B, C, D, E, or F, 385, and 390 through 399 

of this subchapter, or prepares or maintains 

a required record that is incomplete, 

inaccurate, or false, is subject to a maximum 

civil penalty of $1,544 for each day the 

violation continues, up to $15,445. 

(2) Knowing falsification of records. A 

person or entity that knowingly falsifies, 

destroys, mutilates, or changes a report or 

record required by parts 382, subpart A, B, 

C, D, E, or F, 385, and 390 through 399 of 

this subchapter, knowingly makes or causes 

to be made a false or incomplete record about 

an operation or business fact or transaction, 

or knowingly makes, prepares, or preserves a 

record in violation of a regulation order of 

the Secretary is subject to a maximum civil 

penalty of $15,445 if such action 

misrepresents a fact that constitutes a 

violation other than a reporting or 

recordkeeping violation. 

(3) Non-recordkeeping violations. A person 

or entity that violates part 382, subpart A, B, 

C, D, E, or F, part 385, or parts 390 through 

399 of this subchapter, except a 

recordkeeping requirement, is subject to a 

civil penalty not to exceed $18,758 for each 

violation. 

(4) Non-recordkeeping violations by 

drivers. A driver who violates parts 382, 

subpart A, B, C, D, E, or F, 385, and 390 

through 399 of this subchapter, except a 

recordkeeping violation, is subject to a civil 

penalty not to exceed $4,690. 

(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 

$3,861 for a first conviction and not less than 

$7,723 for a second or subsequent conviction. 

* * * * * 

(b) Commercial driver’s license (CDL) 

violations. Any employer, employee, medical 

review officer, or service agent who violates 

any provision of 49 CFR part 382, subpart G, 

or any person who violates 49 CFR part 383, 

subpart B, C, E, F, G, or H, is subject to a civil 

penalty not to exceed $6,974; 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 

$3,861 for a first conviction and not less than 

$7,723 for a second or subsequent conviction; 

(2) An employer of a CDL-holder who 

knowingly allows, requires, permits, or 

authorizes an employee to operate a CMV 

during any period in which the CDL-holder 

is subject to an out-of-service order, is subject 

to a civil penalty of not less than $6,974 or 

more than $38,612; 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 $20,017. 

* * * * * 

(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 $20,579. Each day of a continuing 

violation constitutes a separate offense. 

(e) Violations of the Hazardous Materials 

Regulations (HMRs) and safety permitting 

regulations found in subpart E of part 385 of 

this subchapter. This paragraph (e) applies to 

violations by motor carriers, drivers, shippers 

and other persons who transport hazardous 

materials on the highway in commercial 

motor vehicles or cause hazardous materials 

to be so transported. 

(1) All knowing violations of 49 U.S.C. 

chapter 51 or orders or regulations issued 

under the authority of that chapter applicable 

to the transportation or shipment of 

hazardous materials by commercial motor 

vehicle on the highways are subject to a civil 

penalty of not more than $99,756 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 

$601 and not more than $99,756 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 $99,756 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 $99,756. 

(5) If any violation subject to the civil 

penalties set out in paragraphs (e)(1) through 

(4) of this appendix results in death, serious 


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illness, or severe injury to any person or in 

substantial destruction of property, the civil 

penalty may be increased to not more than 

$232,762 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 $33,252 (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 $99,756 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 $232,762 for 

each offense. Each day the transportation 

continues in violation of a final 

‘‘unsatisfactory’’ safety rating constitutes a 

separate offense. 

(g) * * * 

(1) A person who operates as a motor 

carrier for the transportation of property in 

violation of the registration requirements of 

49 U.S.C. 13901 is liable for a minimum 

penalty of $13,300 per violation. 

(2) A person who knowingly operates as a 

broker in violation of registration 

requirements of 49 U.S.C 13904 or financial 

security requirements of 49 U.S.C 13906 is 

liable for a penalty not to exceed $13,300 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 $33,252 

per violation. 

(4) A person who operates as a foreign 

motor carrier or foreign motor private carrier 

of property in violation of the provisions of 

49 U.S.C. 13902(c) is liable for a minimum 

penalty of $13,300 per violation. 

(5) A person who operates as a foreign 

motor carrier or foreign motor private carrier 

without authority, outside the boundaries of 

a commercial zone along the United StatesMexico border, is liable for a maximum 

penalty of $18,291 for an intentional 

violation and a maximum penalty of $45,730 

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 $26,602 and 

a maximum penalty of $53,203 per violation. 

(7) A motor carrier or freight forwarder of 

household goods, or their receiver or trustee, 

that does not comply with any regulation 

relating to the protection of individual 

shippers, is liable for a minimum penalty of 

$2,000 per violation. 

(8) A person as described under paragraph 

(i) or (ii) is liable for a minimum penalty of 

$4,005 for the first violation and $10,009 for 

each subsequent violation— 

(i) Who falsifies, or authorizes an agent or 

other person to falsify, documents used in 

the transportation of household goods by 

motor carrier or freight forwarder to evidence 

the weight of a shipment; or 

(ii) Who charges for services which are not 

performed or are not reasonably necessary in 

the safe and adequate movement of the 

shipment. 

* * * * * 

(10) A person who offers, gives, solicits, or 

receives transportation of property by a 

carrier at a different rate than the rate in 

effect under 49 U.S.C. 13702 is liable for a 

maximum penalty of $200,174 per violation. 

When acting in the scope of his/her 

employment, the acts or omissions of a 

person acting for or employed by a carrier or 

shipper are considered the acts or omissions 

of that carrier or shipper, as well as of that 

person. 

(11) Any person who offers, gives, solicits, 

or receives a rebate or concession related to 

motor carrier transportation subject to 

jurisdiction under subchapter I of 49 U.S.C. 

chapter 135, or who assists or permits 

another person to get that transportation at 

less than the rate in effect under 49 U.S.C. 

13702, commits a violation for which the 

penalty is $400 for the first violation and 

$500 for each subsequent violation. 

(12) A freight forwarder, its officer, agent, 

or employee, that assists or willingly permits 

a person to get service under 49 U.S.C. 13531 

at less than the rate in effect under 49 U.S.C. 

13702 commits a violation for which the 

penalty is up to $1,002 for the first violation 

and up to $4,005 for each subsequent 

violation. 

(13) A person who gets or attempts to get 

service from a freight forwarder under 49 

U.S.C. 13531 at less than the rate in effect 

under 49 U.S.C. 13702 commits a violation 

for which the penalty is up to $1,002 for the 

first violation and up to $4,005 for each 

subsequent violation. 

(14) A person who knowingly authorizes, 

consents to, or permits a violation of 49 

U.S.C. 14103 relating to loading and 

unloading motor vehicles or who knowingly 

violates subsection (a) of 49 U.S.C. 14103 is 

liable for a penalty of not more than $20,017 

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 $1,330 and for a 

maximum penalty of $10,009 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 $4,005. 

(18) A person who violates a provision of 

part B, subtitle IV, title 49, U.S.C., or a 

regulation or order under part B, or who 

violates a condition of registration related to 

transportation that is subject to jurisdiction 

under subchapter I or III of chapter 135, or 

who violates a condition of registration of a 

foreign motor carrier or foreign motor private 

carrier under section 13902, is liable for a 

penalty of $1,002 for each violation if another 

penalty is not provided in 49 U.S.C. chapter 

149. 

* * * * * 

(21) * * * 

(i) Who knowingly and willfully fails, in 

violation of a contract, to deliver to, or 

unload at, the destination of a shipment of 

household goods in interstate commerce for 

which charges have been estimated by the 

motor carrier transporting such goods, and 

for which the shipper has tendered a 

payment in accordance with part 375, 

subpart G, of this subchapter, is liable for a 

civil penalty of not less than $20,017 for each 

violation. Each day of a continuing violation 

constitutes a separate offense. 

* * * * * 

(22) A broker for transportation of 

household goods who makes an estimate of 

the cost of transporting any such goods 

before entering into an agreement with a 

motor carrier to provide transportation of 

household goods subject to FMCSA 

jurisdiction is liable to the United States for 

a civil penalty of not less than $15,445 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 $38,612 for each violation. 

(h) Copying of records and access to 

equipment, lands, and buildings. A person 

subject to 49 U.S.C. chapter 51 or a motor 

carrier, broker, freight forwarder, or owner or 

operator of a commercial motor vehicle 

subject to part B of subtitle VI of title 49 

U.S.C. who fails to allow promptly, upon 

demand in person or in writing, the Federal 

Motor Carrier Safety Administration, an 

employee designated by the Federal Motor 

Carrier Safety Administration, or an 

employee of a MCSAP grant recipient to 

inspect and copy any record or inspect and 

examine equipment, lands, buildings, and 

other property, in accordance with 49 U.S.C. 

504(c), 5121(c), and 14122(b), is subject to a 

civil penalty of not more than $1,544 for each 


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Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 89567 

offense. Each day of a continuing violation 

constitutes a separate offense, except that the 

total of all civil penalties against any violator 

for all offenses related to a single violation 

shall not exceed $15,445. 

(i) Evasion. A person, or an officer, 

employee, or agent of that person: 

(1) Who by any means tries to evade 

regulation of motor carriers under title 49, 

United States Code, chapter 5, chapter 51, 

subchapter III of chapter 311 (except sections 

31138 and 31139) or section 31302, 31303, 

31304, 31305(b), 31310(g)(1)(A), or 31502, or 

a regulation in subtitle B, chapter I, 

subchapter C of this title, or this subchapter, 

issued under any of those provisions, shall be 

fined at least $2,661 but not more than 

$6,650 for the first violation and at least 

$3,323 but not more than $9,965 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 $2,661 for the first violation or at 

least $6,650 for a subsequent violation. 

PART 578—CIVIL AND CRIMINAL 

PENALTIES 

■ 95. The authority citation for part 578 

continues to read as follows: 

Authority: Pub. L. 92–513, Pub. L. 94–163, 

Pub. L. 98–547, Pub. L. 101–410, Pub. L. 

102–388, Pub. L. 102–519, Pub. L. 104–134, 

Pub. L. 109–59, Pub. L. 110–140, Pub. L. 

112–141, Pub. L. 114–74, Pub. L. 114–94 (49 

U.S.C. 30165, 30170, 30505, 32308, 32309, 

32507, 32709, 32710, 32902, 32912, 33114, 

and 33115); delegation of authority at 49 CFR 

1.81, 1.95. 

■ 96. Amend § 578.6 by revising 

paragraphs (a)(1), (a)(2)(i)(B), (a)(3) and 

(4), (b) through (g), (h)(1), (h)(2) 

introductory text, (h)(3), and (i) to read 

as follows: 

§ 578.6 Civil penalties for violations of 

specified provisions of Title 49 of the United 

States Code. 

(a) * * * 

(1) In general. A person who violates 

any of sections 30112, 30115, 30117 

through 30122, 30123(a), 30125(c), 

30127, or 30141 through 30147 of Title 

49 of the United States Code or a 

regulation in this chapter prescribed 

under any of those sections is liable to 

the United States Government for a civil 

penalty of not more than $27,168 for 

each violation. A separate violation 

occurs for each motor vehicle or item of 

motor vehicle equipment and for each 

failure or refusal to allow or perform an 

act required by any of those sections. 

The maximum civil penalty under this 

paragraph (a)(1) for a related series of 

violations is $135,828,178. 

(2) * * * 

(i) * * * 

(B) Violates section 30112(a)(2) of 

Title 49 United States Code, shall be 

subject to a civil penalty of not more 

than $15,445 for each violation. A 

separate violation occurs for each motor 

vehicle or item of motor vehicle 

equipment and for each failure or 

refusal to allow or perform an act 

required by this section. The maximum 

penalty under this paragraph (a)(2)(i)(B) 

for a related series of violations is 

$23,167,823. 

(3) Section 30166. A person who 

violates Section 30166 of Title 49 of the 

United States Code or a regulation in 

this chapter prescribed under that 

section is liable to the United States 

Government for a civil penalty for 

failing or refusing to allow or perform 

an act required under that section or 

regulation. The maximum penalty under 

this paragraph (a)(3) is $27,168 per 

violation per day. The maximum 

penalty under this paragraph (a)(3) for a 

related series of daily violations is 

$135,828,178. 

(4) False and misleading reports. A 

person who knowingly and willfully 

submits materially false or misleading 

information to the Secretary, after 

certifying the same information as 

accurate under the certification process 

established pursuant to Section 

30166(o) of Title 49 of the United States 

Code, shall be subject to a civil penalty 

of not more than $6,650 per day. The 

maximum penalty under this paragraph 

(a)(4) for a related series of daily 

violations is $1,330,069. 

(b) National Automobile Title 

Information System. An individual or 

entity violating 49 U.S.C. Chapter 305 is 

liable to the United States Government 

for a civil penalty of not more than 

$2,168 for each violation. 

(c) Bumper standards. (1) A person 

that violates 49 U.S.C. 32506(a) is liable 

to the United States Government for a 

civil penalty of not more than $3,558 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 $3,961,763. 

(d) Consumer information—(1) Crashworthiness and damage susceptibility. A 

person who violates 49 U.S.C. 32308(a), 

regarding crashworthiness and damage 

susceptibility, is liable to the United 

States Government for a civil penalty of 

not more than $3,558 for each violation. 

Each failure to provide information or 

comply with a regulation in violation of 

49 U.S.C. 32308(a) is a separate 

violation. The maximum penalty under 

this paragraph (d)(1) for a related series 

of violations is $1,940,403. 

(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 $73,628 for 

each violation. 

(e) Country of origin content labeling. 

A manufacturer of a passenger motor 

vehicle distributed in commerce for sale 

in the United States that willfully fails 

to attach the label required under 49 

U.S.C. 32304 to a new passenger motor 

vehicle that the manufacturer 

manufactures or imports, or a dealer 

that fails to maintain that label as 

required under 49 U.S.C. 32304, is liable 

to the United States Government for a 

civil penalty of not more than $2,168 for 

each violation. Each failure to attach or 

maintain that label for each vehicle is a 

separate violation. 

(f) Odometer tampering and 

disclosure. (1) A person that violates 49 

U.S.C. Chapter 327 or a regulation in 

this chapter prescribed or order issued 

thereunder is liable to the United States 

Government for a civil penalty of not 

more than $13,300 for each violation. A 

separate violation occurs for each motor 

vehicle or device involved in the 

violation. The maximum civil penalty 

under this paragraph (f)(1) for a related 

series of violations is $1,330,069. 

(2) A person that violates 49 U.S.C. 

Chapter 327 or a regulation in this 

chapter prescribed or order issued 

thereunder, with intent to defraud, is 

liable for three times the actual damages 

or $13,300, whichever is greater. 

(g) Vehicle theft protection. (1) A 

person that violates 49 U.S.C. 

33114(a)(1)-(4) is liable to the United 

States Government for a civil penalty of 

not more than $2,922 for each violation. 

The failure of more than one part of a 

single motor vehicle to conform to an 

applicable standard under 49 U.S.C. 

33102 or 33103 is only a single 

violation. The maximum penalty under 

this paragraph (g)(1) for a related series 

of violations is $730,455. 

(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 $216,972 a day for each 

violation. 

(h) Automobile fuel economy. (1) A 

person that violates 49 U.S.C. 32911(a) 

is liable to the United States 

Government for a civil penalty of not 

more than $51,139 for each violation. A 

separate violation occurs for each day 

the violation continues. 


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89568 Federal Register / Vol. 88, No. 248 / Thursday, December 28, 2023 / Rules and Regulations 

(2) Except as provided in 49 U.S.C.

32912(c), a manufacturer that violates a 

standard prescribed for a model year 

under 49 U.S.C. 32902 is liable to the 

United States Government for a civil 

penalty of $17 (for model years before 

model year 2019, the civil penalty is 

$5.50; for model years 2019 through 

2021, the civil penalty is $14; for model 

year 2022, the civil penalty is $15; for 

model year 2023, the civil penalty is 

$16), multiplied by each .1 of a mile a 

gallon by which the applicable average 

fuel economy standard under that 

section exceeds the average fuel 

economy— 

* * * * * 

(3) If a higher amount for each .1 of

a mile a gallon to be used in calculating 

a civil penalty under paragraph (h)(2) of 

this section is prescribed pursuant to 

the process provided in 49 U.S.C. 

32912(c), the amount prescribed may 

not be more than $32 for each .1 of a 

mile a gallon. 

(i) Medium- and heavy-duty vehicle

fuel efficiency. The maximum civil 

penalty for a violation of the fuel 

consumption standards of 49 CFR part 

535 is not more than $50,360 per 

vehicle or engine. The maximum civil 

penalty for a related series of violations 

shall be determined by multiplying 

$50,360 times the vehicle or engine 

production volume for the model year 

in question within the regulatory 

averaging set. 

Signed in Washington, DC, on December 

15, 2023. 

Peter Paul Montgomery Buttigieg, 

Secretary of Transportation. 

[FR Doc. 2023–28066 Filed 12–27–23; 8:45 am] 

BILLING CODE 4910–57–P 

DEPARTMENT OF TRANSPORTATION 

Federal Aviation Administration 

14 CFR Part 39 

[Docket No. FAA–2023–2396; Project 

Identifier MCAI–2023–01147–R; Amendment 

39–22641; AD 2023–25–14] 

RIN 2120–AA64 

Airworthiness Directives; Airbus 

Helicopters 

AGENCY: Federal Aviation 

Administration (FAA), DOT. 

ACTION: Final rule; request for 

comments. 

SUMMARY: The FAA is superseding 

Airworthiness Directive (AD) 2022–27– 

09, which applied to certain Airbus 

Helicopters Model EC130T2 helicopters. 

AD 2022–27–09 required repetitively 

inspecting the vibration level on the tail 

rotor drive shaft and, depending on the 

results, taking corrective action. AD 

2022–27–09 also required reporting 

information and prohibited installing 

certain rotor drive shafts unless the 

inspection was done. Since the FAA 

issued AD 2022–27–09, Airbus 

Helicopters revised its service 

information to update the procedures 

for inspecting that vibration level, 

reduce an allowable vibration level, and 

clarify when a balance correction may 

be accomplished. This AD was 

prompted by the determination that a 

certain vibration measurement tool was 

providing unexpected results and 

therefore the threshold must be revised. 

This AD continues to require certain 

actions in AD 2022–27–09 and also 

revises the procedures for inspecting the 

vibration level on the tail rotor drive 

shaft and depending on these results, 

requires replacing certain parts, as 

specified in a European Union Aviation 

Safety Agency (EASA) AD, which is 

incorporated by reference. The FAA is 

issuing this AD to address the unsafe 

condition on these products. 

DATES: This AD is effective January 12, 

2024. 

The Director of the Federal Register 

approved the incorporation by reference 

of a certain publication listed in this AD 

as of December 28, 2023. 

The FAA must receive comments on 

this AD by February 12, 2024. 

ADDRESSES: You may send comments, 

using the procedures found in 14 CFR 

11.43 and 11.45, by any of the following 

methods: 

• Federal eRulemaking Portal: Go to

regulations.gov. Follow the instructions 

for submitting comments. 

• Fax: (202) 493–2251.

• Mail: U.S. Department of

Transportation, Docket Operations, M– 

30, West Building Ground Floor, Room 

W12–140, 1200 New Jersey Avenue SE, 

Washington, DC 20590. 

• Hand Delivery: Deliver to Mail

address above between 9 a.m. and 5 

p.m., Monday through Friday, except

Federal holidays.

Material Incorporated by Reference: 

• For EASA material identified in this

final rule, contact EASA, KonradAdenauer-Ufer 3, 50668 Cologne, 

Germany; telephone +49 221 8999 000; 

email ADs@easa.europa.eu; You may 

find this material on the website 

ad.easa.europa.eu. 

• You may view this material at the

FAA, Office of the Regional Counsel, 

Southwest Region, 10101 Hillwood 

Parkway, Room 6N–321, Fort Worth, TX 

76177. For information on the 

availability of this material at the FAA, 

call (817) 222 5110. 

Other Related Service Information: 

• For Airbus Helicopters service

information identified in this final rule, 

contact Airbus Helicopters, 2701 North 

Forum Drive, Grand Prairie, TX 75052; 

phone (972) 641–0000 or (800) 232– 

0323; fax (972) 641–3775; or at 

airbus.com/en/products-services/ 

helicopters/hcare-services/airbusworld. 

You may also view this service 

information at the FAA contact 

information under Material 

Incorporated by Reference above. 

Examining the AD Docket 

You may examine the AD docket at 

regulations.gov by searching for and 

locating Docket No. FAA–2023–2396; or 

in person at Docket Operations between 

9 a.m. and 5 p.m., Monday through 

Friday, except Federal holidays. The AD 

docket contains this final rule, the 

EASA AD, any comments received, and 

other information. The street address for 

Docket Operations is listed above. 

Comments will be available in the AD 

docket shortly after receipt. 

FOR FURTHER INFORMATION CONTACT: Dan 

McCully, Aviation Safety Engineer, 

FAA, 1600 Stewart Ave., Suite 410, 

Westbury, NY 11590; telephone (404) 

474–5548; email william.mccully@

faa.gov. 

SUPPLEMENTARY INFORMATION: 

Comments Invited 

The FAA invites you to send any 

written data, views, or arguments about 

this final rule. Send your comments to 

an address listed under ADDRESSES. 

Include ‘‘Docket No. FAA–2023–2396; 

Project Identifier MCAI–2023–01147–R’’ 

at the beginning of your comments. The 

most helpful comments reference a 

specific portion of the final rule, explain 

the reason for any recommended 

change, and include supporting data. 

The FAA will consider all comments 

received by the closing date and may 

amend this final rule because of those 

comments. 

Except for Confidential Business 

Information (CBI) as described in the 

following paragraph, and other 

information as described in 14 CFR 

11.35, the FAA will post all comments 

received, without change, to 

regulations.gov, including any personal 

information you provide. The agency 

will also post a report summarizing each 

substantive verbal contact received 

about this final rule. 

Confidential Business Information 

CBI is commercial or financial 

information that is both customarily and 

actually treated as private by its owner. 

Under the Freedom of Information Act 


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